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HomeMy WebLinkAboutPC Resolution 96-09r _, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION NO. 96-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A TWO-STORY MULTI-USE COMMERCIAL BUILDING ABOVE A TWO-LEVEL PARKING STRUCTURE AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1301 MANHATTAN A VENUE AND LEGALLY DESCRIBED AS LOTS 16, 17, AND 23, TRACT NO. 1125, AND LOTS 18&19, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH WHEREAS, the Planning Commission held a public hearing on February 20 , 1996, to receive oral and written testimony regarding the subject project and made the following findings: A B. C . D . E. The applicants are proposing to construct a two-story multi-use commercial building above two-levels of parking, with restaurant, retail and office space; The project is consistent with applicable general and specific plans, and is in compliance with the use and development requirements of the zoning ordinance ; The site is zoned C-2 Restricted Commercial and is located in the downtown district of the City, and is thus suitable for the type and intensity of the proposed development; The project exhibits the appropriate scale, and a quality of design and construction materials, which will make it compatible with surrounding commercial development The parking required for this development is 65% of the parking requirement for the proposed uses since it is located within the Downtown Enhancement District (DED), and pursuant to Section 1152 .5 of the Zoning Ordinance and pursuant to the Certified Coastal Land Use Plan, the reduction to 65% is supported by the following findings: 1. Fewer than 96,250 square feet of commercial development, including new buildings, expansions , and/or intensification of uses in the DED has received a Coastal Development Permit since November 1, 1994 . 2. There is currently adequate parking to support the development and to provide adequate beach parking. 3. A parking study recently completed for the downtown show the occupancy of the parking spaces in the downtown is 90% or less during daylight hours on summer 1 1 2 weekends, and no more than 24,063 square feet of commercial development has occurred since the study. 3 F . Compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the precise development plan 4 5 G. The Planning Commission concurs with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this project with the mitigating conditions included in this resolution will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A PRECISE DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A TWO-STORY MULTI­ USE COMMERCIAL BUILDING ABOVE A TWO-LEVEL PARKING STRUCTURE AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION SUBJECT TO THE FOLLOWING CONDITIONS: SECTION I 2. 3. 4. 5. 6. The development and continued use of the property shall be in conformance with submitted plans reviewed by the Planning Commission at their meeting of February 20, 1996. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. The businesses and tenants shall participate in the City's downtown parking validation program, providing validations for parking in public lots for no less than two hours . A parking attendant shall be on duty on the premises from 6:00 P.M. until closing. Architectural treatment shall be as shown on building elevations of submitted plans and any modification shall require approval by the Community Development Director. a. Any roof-top equipment shall be integrated into the architecture and be hidden from street view. The project shall comply with the requirements of the Public Works Department. Final building plans/construction drawings including site, elevation, floor plan, sections, details, 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 2 ., J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 7. 8. this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a. The one-way driveway entrance or exit onto Manhattan Avenue located directly in front of the traffic island at the Pier A venue/Manhattan A venue intersection shall be eliminated, and a two-way entrance/exit shall be provided at the north end of the site . b . Parking shall be provided for the physically handicapped in the amount and size as required by the U.B. C. c. Additional architectural details and relief shall be provided along the south, north, and west building elevations, and/or the use of landscaping along the westerly edges of the parking structure, to the satisfaction of the Community Development Director. d. Bicycle racks shall be provided in an amount and in locations to the satisfaction of the Community Development Director. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely effected The project and operation of the business shall comply with all applicable requirements of the Municipal Code SECTION II 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. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Each of the above conditions 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 an enforceable. 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 Government Code Section 65907 . 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. 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. 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 VOTE : AYES: NOES: ABSTAIN: ABSENT : Comms .Dettelbach,DiMonda,Merl,Perrotti, Chmn. Tucker None None None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 96-9 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regul eting of February , 1996 . 1A C 17,,,~,,_...."tA. Peter Tucker, Ch • Date 21 KR\h:\pc\RS1301 22 23 24 25 26 27 28 29 4