HomeMy WebLinkAboutPC Resolution 06-30 - (1429 Hermosa)10
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P.C. RESOLUTION 06-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO
CONSTRUCT A NEW 19,000 SQUARE FOOT THREE-STORY COMMERCIAL
BUILDING WITH BASEMENT PARKING CONTAINING OFFICE, SNACK SHOP,
AND RESTAURANT USES; A CONDITIONAL USE PERMIT FOR A COMMERCIAL
CONDOMINIUM AND VESTING TENTATIVE TRACT MAP NO.67748 TO DIVIDE
THE BUILDING INTO UP TO 35 CONDOMINIUM UNITS (33 OFFICE UNITS ON
THE UPPER FLOORS AND ONE RESTAURANT AND ONE SNACK SHOP UNIT ON
THE GROUND FLOOR); A CONDITIONAL USE PERMIT FOR OUTDOOR
SEATING FOR THE RESTAURANT AND SNACK SHOP; AND, A PARKING PLAN
TO BASE THE PARKING REQUIREMENTS ON THE PEAK SHARED PARKING
REQUIREMENTS OF THE PROPOSED USES AND TO PAY PARKING IN -LIEU
FEES TO COMPENSATE FOR PROVIDING LESS THAN REQUIRED PARKING ON
SITE, AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACTS, LOCATED ON PROPERTY AT 1429 HERMOSA AVENUE AND
LEGALLY DESCRIBED AS LOTS 15,16, 17AND 18 HERMOSA BEACH TRACT
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Hermosa Office Condo Partners, L.L.C. owner of
property at 1429 Hermosa Avenue seeking approval of a Precise Development Plan, Conditional
Use Permit to construct a commercial condominium building containing 35-units, with office,
restaurant, and snack shop uses, outdoor seating, and a Parking Plan for reduced parking
requirements based on the peak shared parking demand of the proposed uses, and to pay parking
in -lieu fees to compensate for less than required parking.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on October 17, 2006, and considered testimony and evidence both written
and oral. Based on the testimony and evidence received the Planning Commission makes the
following factual findings:
1. The subject site is located on the west side of Hermosa Avenue at its southwest
intersection with 15th Street. The property is currently used for a restaurant and snack shop with
surface parking
2. The project involves the demolition of all existing improvements and the
construction of a three story building with subterranean parking, containing restaurant and snack
shop uses on the ground floor of the building and offices on the second and third floor, and
includes basement parking, and parking on the alley with a total of 34 parking spaces. The total
allocation of uses for the project, excluding common areas and the common lobby area, include
approximately 13,161 square feet for offices, 3,448 square feet for the restaurant and outside
seating area, and 1,495 square feet for the snack shop.
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3. The building contains up to 35 separate commercial units intended to be sold
separately as condominium units. Commercial condominiums require a Conditional Use Permit
pursuant to Section 17.22.100 of the Zoning Ordinance and approval of a tentative tract map
4. Since the project is located in the downtown district, the retail and office uses are
subject to the parking requirements of Section 17.44.040 which require 3 parking spaces per
1,000 square feet of floor area, and the snack. shop use may also be considered a retail use for the
calculation of parking requirements subject to approval of a Parking Plan. This results in a
aggregate total off-street parking requirement of 77 spaces. There are 34 spaces provided on site,
27 in the subterranean garage, and 7 with direct access on the alley.
5. The applicant is requesting consideration of a Parking Plan, pursuant to Section
17.44.210 for a reduced parking requirement, based on the shared peak parking demand of the
proposed combination of uses, and also requesting to pay parking in -lieu fees for the deficiency to
the shared parking requirements.
Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Precise Development Plan, Conditional Use
Permit, and Parking Plan:
1. The project is consistent with applicable general and specific plans and is in compliance
with the use and development requirements of the Zoning Ordinance;
2. The site is zoned C-2 and is physically suitable for the type and density of proposed
development and the project and the proposed use complies with the development standards
contained therein;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by the
public at large, for access through or use of property within the proposed subdivision;
5. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan, and is compatible with the immediate environment;
6. The project, as conditioned, will conform to all zoning and condominium laws and
criteria and will be compatible with neighboring residential properties;
7. Pursuant to Section 17.44.210 of the Zoning Ordinance, which allows a reduction
in parking spaces required based on factors including shared parking (i.e. consideration of the
differing peak hours of the proposed uses in multi -tenant buildings) the applicant has provided all
the information necessary to show that the off-street parking will only be deficient by 7 spaces to
actual peak demand, based on the shared parking analysis submitted by Linscott, Law and
Greenspan, which shows a peak parking demand for 10:00 A.M. and 2:00 P.M. on weekdays, of
41 spaces.
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8. The applicant will compensate for the parking deficiency of 7 spaces, by paying a
parking in -lieu fee, pursuant to Section 17.44.040
9. The general criteria of Hermosa Beach Municipal Code Section 17.58.030 for granting
or conditionally granting a Precise Development Plan have been considered. In making this
finding, the Planning Commission has determined that:
a. The proximity of the project to existing commercial and residential uses in the
downtown area will not result in negative effects with incorporation of the conditions
below.
b. The project is designed to minimize impact on ocean views from residential areas, as
the building will be constructed in compliance with the 30-foot height limit of the C-
2 zone and its maximum height will be lower than or comparable to the existing
building.
C. The amount of proposed off-street parking is sufficient for actual need and consistent
with the parking requirements for the downtown district.
d. The uses proposed are compatible with each other and with the area.
C. The capacity and safety of the streets serving the area is adequate for the traffic
volume estimated to be generated by the project as shown by the traffic impact
analysis prepared by Linscott, Law and Greenspan, which demonstrates that traffic
generation will not significantly increase as compared to the existing uses on the site,
and the increase will not result in significant impacts on nearby intersections.
f. The proposed exterior signs and decor are sufficiently compatible with existing
establishments in the area with incorporation of the conditions below.
g. Building and driveway orientation is appropriate to minimize noise and traffic
impacts on nearby residential areas.
h. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
i. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
10. The criteria of Hermosa Beach Municipal Code Section 17.58.030(C) for denial of
a Precise Development Plan are not applicable. In making this finding, the Planning Commission
has determined that:
a. The project will not substantially depreciate property values in the vicinity, or
interfere with the use or enjoyment of property in such area, because of excessive
dissimilarity or inappropriateness of design in relation to the surrounding vicinity.
a. The project will not have significant environmental adverse impacts.
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11. The requirements of Hermosa Beach Municipal Code Section 17.44.040 for granting
a Parking Plan for the payment of in -lieu fees for a portion of the required parking, and the policies
contained in the Local Coastal Plan, have been considered and are satisfied by the proposal. 'In
making this finding, the Planning Commission has determined that:
a. 83% of the required parking is provided on site, to exceed the minimum 25%
required for buildings with a greater than 1:1 floor area ratio pursuant to Section
17.44.040(E)
b. Sufficient parking exists and is being provided on -site in conjunction with the project
to accommodate the parking demand of the project without causing a significant
adverse impact on parking that is available to the beach going public.
12. The City Council, at its meeting of August 8, 2006, set the parking in -lieu fee of at
$28,900 per required parking space, payable in lump sum prior to issuance of Certificate of
Occupancy.
Section 4. Environmental Review.
1. Pursuant to the California Environmental Quality Act ("CEQX) and the City's.
local CEQA Guidelines, the Staff Environmental Review Committee prepared an Initial Study of
the potential environmental effects of the proposed project. Based upon the Initial Study, the
Committee determined that there was no substantial evidence, in light of the whole record before
the City, that the project would have a significant effect on the environment as long as certain
mitigation measures are incorporated into the project to address parking issues. City staff
thereafter prepared a Mitigated Negative Declaration for the project and duly provided public
notice of the public comment period and of the intent to adopt the Negative Declaration. A copy
of the Initial Study and Mitigated Negative Declaration are attached hereto and incorporated herein
by reference.
2. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration. Based on the whole record, the
Planning Commission finds that: (1) the Mitigated Negative Declaration was prepared in
compliance with CEQA; and (ii) there is no substantial evidence that the proposed project will
have a significant effect on the environment with the mitigation measures incorporated. Based on
these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration
prepared for the proposed project incorporating the following mitigation measure:
a. Parking in -lieu fees shall be paid to compensate for the parking deficiency.
b. Parking shall be proved for customers and employees free of charge and on a first
come first serve basis (i.e. no assigned parking) to maximize the efficient use of the
on -site parking facilities.
c. The restaurant use shall only be open and in operation on weekday evenings and
weekends
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Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Precise Development Plan, Conditional Use Permit, Vesting Tentative Tract Map No. 67748 and
Parking Plan subject to the following Conditions of Approval:
1. The development and continued use of the property shall be substantially consistent
with submitted plans as reviewed by the Planning Commission at their meeting of
October 17, 2006, incorporating all revisions as required by the conditions below. Any
major modification, including changes in the allocation of uses within the buildings,
shall be subject to review and approval of the Planning Commission. Minor
modifications may be approved by the Community Development Director but shall not
be final until confirmed by the Planning Commission as a consent calendar item on the
Commission agenda.
2. Final plans for building permit issuance shall be revised to incorporate the following.
a. install appropriate pavement marking (i.e. stop bar with STOP legend) on the
project drive aisle just south of the public sidewalk to ensure motorists stop prior
to the sidewalk before exiting the site
b. Install appropriate signage and pavement right turn arrow on the internal ramp
leading to the site driveway indication right -turn only traffic movement at the
approach to 15"' Street per recommendations in the project parking and traffic
report.
c. Provision of street trees and tree grates as approved by the Public Works
Department in coordination with plans to improve Hermosa Avenue, or
alternatively the owner shall deposit the necessary funds for the improvements to
be constructed at a later date.
d. Decorative paving surfaces for the pedestrian entry, and entries into the parking
areas shall be provided.
e. On -street parking and parking meter locations shall be reconfigured to maximize
on -street parking.
3. A revised detailed landscape plan for on -site, and off -site landscaping, consistent with
the conceptual plan shall be submitted for review and approval by the Community
Development Director prior to issuance of building permits incorporating the revisions
below:
a. Decorative surfaces shall be provided at driveway entry areas and at the
pedestrian entry areas consistent with the submitted plan.
b. Street trees shall be provided as per the conceptual landscape plan with final
tree location, type, and tree grates to be reviewed and approved by the Public
Works Director.
C. Bicycle parking shall be provided in a convenient location, to the satisfaction of
the Community Development Director.
4. In order to compensate for required parking that is not provided on site, the applicant
shall contribute fees to the City's parking improvement fund in lieu of the required
seven parking spaces, as set forth in Section 17.44.040(E) of the Zoning Ordinance, at
the amount of $28,900 per required space as set forth by resolution of the City Council.
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The payment of fees in -lieu of parking shall be made prior to issuance of a Certificate
of Occupancy for the building.
5. All parking shall be available for free to customers and employees and no parking
spaces shall be assigned for exclusive use by any owner, occupant, or tenant.
6. A parking management and operations plan shall be submitted for review and
approval by the Planning Commission, regarding parking operations, efficiency,
signage, and security and control of access, and setting forth a program to ensure free
parking for the employees/customers of the building through the use of validation, or
passes, or other method, and said plan shall 'include how the Parking Plan will be
enforced including the signage to be posted in the parking facilities. The plan shall be
implemented when the building is occupied. The Commission shall review the parking
management plan and the operation and efficiency of parking facility 6 months after
occupancy of the building.
7. Architectural treatment of the building and all finishes shall be as shown on building
elevations and site and floor plans. Any modification shall require approval by the
Community Development Director.
8. A detailed comprehensive sign plan shall be submitted for review and approval by the
Community Development Director incorporating specifications for all individual tenant
or owner signs that shall be consistent with that plan.
9. The allocation uses of the building shall be as shown on the plan, shall be limited to
general office, restaurant and snack shop uses allowed in the C-2 zone and as allocated
in the project Traffic Impact Study prepared by Linscott, Law and Greenspan dated
September 20, 2006, with the following approximate allocation of uses, and shall not
include any other uses subject to greater parking requirements.
Office 13,161 SF
Restaurant 3,448 SF
Snack Shop 1,495 SF
Total SF 18,104
The Office allocation does not include stair corridors, common lobby, common locker
rooms or storage, and the restaurant allocation includes outdoor seating areas.
General office use does not include medical clinics, or retail businesses or services.
Any material change in the allocation of uses shall be reviewed and approved by the
Planning Commission.
10. A covenant shall be incorporated into the Covenants, Codes and Restrictions for the
condominiums and recorded with the property, and with State Department of Real
Estate if necessary, stipulating that storage, lockers, lobby and other common areas
cannot be converted to condominium office space.
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11. The restaurant use shall have limited operating hours as follows: Weekday evenings
1 from 5:00 P.M. until midnight, and weekends (Saturdays and Sundays and including
2 Federal holidays) between 7:00 A.M. and midnight.
3 12.Outdoor seating and use of the outdoor courtyard for the snack shop and/or restaurant
4 use shall be limited to between 7:00 A.M. and 10:00 P.M. and no entertainment,
speakers, or televisions are allowed in the outdoor seating and courtyard areas.
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13. The reduced parking requirement as applied to the snack shop is subject to approval by
the Planning Commission, pursuant to Section 17.44.030(0) of the Zoning Ordinance,
7 based on tenant improvement plans submitted for a Parking Plan review prior to
issuance of permits for interior improvements.
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9 14. The restaurant operation, if it includes on sale beer and wine or alcohol requires a
Conditional Use Permit, pursuant to Chapter 17.40 of the Zoning ordinance, based on
14 detailed tenant improvement plans submitted for review and approval by the Planning
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12 15. Deliveries shall be permitted only on Hermosa Avenue and shall be scheduled in a
13 staggered manner, and limited to between the hours of 9:00 A.M. and 5:00 P.M.
14 11 16. The lots that make up the project site shall be merged.
15 17. Final verification of compliance with the height limit requires submittal of revised roof
16 plan with property corner elevations and finished 'roof heights, and maximum heights
identified at the critical points.
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18 18. A detailed drainage and (SUSMP) Standard Urban Stormwater Mitigation Plan is
required for approval by the Public Works Department, prior to the issuance of
19 building permits and implemented on site, demonstrating best management practices
20 for stormwater pollution control, and for sediment control and erosion control during
construction.
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19. The project shall meet all requirements of the Condominium Ordinance.
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a. Covenants, Conditions, and Restrictions in compliance with the Condominium
z3 Ordinance Section 17.22.120 shall be submitted to the Community Development
24 Department for review and approval prior to the issuance of building permits.
25 b. The Covenants, Conditions and Restrictions shall include all conditions of
approval as contained herein, and shall also strictly prohibit any residential use
26 and any use of the condominium units for overnight sleeping purposes.
27 b. Proof of recordation of approved CC & R's shall be submitted to the Community
Development Director thirty (30) days after recordation of the Final Map.
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20. The applicant is responsible for all off -site right-of-way construction required by
the Public Works Department, or alternatively,. may deposit funds in amount to
cover the cost for future right-of-way construction for the Pier Avenue frontage.
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21. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill.
22. The project shall comply with the requirements of the Fire Department.
23. Final building plans/construction drawings including site, elevation, floor plan,
sections, details, signage, landscaping and irrigation, submitted for building permit
issuance shall be reviewed for consistency with the plans approved by the Planning
Commission and the conditions of this resolution, and approved by the Community
Development Director prior to the issuance of any Building Permit.
24. All roof equipment shall be located and designed to be screened from public view and
any portion that exceeds the height limit shall not cover more than 5% of the roof area.
25. The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
26. The Precise Development Plan and Parking Plan shall be recorded, and proof of
recordation shall be submitted to the Community Development Department.
27. Each of the above Conditions of Approval is separately enforced, and if one of the
Conditions of Approval is found to be invalid by a court of law, all the other conditions
shall remain valid and enforceable.
28. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers,
or employee to attack, set aside, void or annul this permit approval, which action is
brought within the applicable time period of the State Government Code. The City
shall promptly notify the permittee of any claim, action, or proceeding and the City
shall cooperate fully in the defense. If the City fails to promptly notify the permittee of
any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the
permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the
City.
29. The permittee shall reimburse the City for any court and attorney's fees which the City
may be required to pay as a result of any claim or action brought against the City
because of this grant. Although the permittee is the real party in interest in an action,
the City may, at its sole discretion, participate at its own expense in the defense of the
action, but such participation shall not relieve the permittee of any obligation under
this condition.
30. The subject property shall be developed, maintained and operated in full compliance
with the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property. Failure of the
permittee to cease any development or activity not in full compliance shall be a
violation of these conditions.
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Section 6. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be made
within 90 days after the final decision by the City Council.
VOTE: AYES: Hofftnan,Allen, Kcrsenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 06-30 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
regular meeting of October 17, 2006.
Kent Allen, Chairman Sol Blumenf ld, §ecretary
November 21, 2006
Date
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