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HomeMy WebLinkAboutPC Resolution 15-08 - (1307 Hermosa Ave)P.C. RESOLUTION 15-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A WALK-UP AUTOMATED TELLER MACHINE (ATM, WELLS FARGO BANK) AT 1307 HERMOSA AVENUE AND REMOVAL OF AN ATM FACILITY WITH MINOR MODIFICATIONS TO THE FACADE OF THE CITY -OWNED BUILDING AT 1309 HERMOSA AVENUE, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Section 1. An application for a Conditional Use Permit was filed by CIM Group, Inc. on behalf of Wells Fargo Bank seeking approval to establish an outdoor walk-up ATM, inset within the facade of an existing building owned by the City, fronting Hermosa Avenue, at 1307 Hermosa Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit (CUP 15-2) on March 17, 2015, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on the Staff Report, testimony, and evidence received at the public hearing, both written and verbal, the Planning Commission makes the following factual findings: 1. The proposed project is an outdoor ATM fronting the public right-of-way, proposed to be located at 1307 Hermosa Avenue (new address for the ATM). The ATM will be recessed within the facade at the northern end of the ground floor tenant space at 1307 Hermosa Avenue. An ATM accessory to the same tenant space previously occupied by Kinecta Federal Credit Union (1309 Hermosa Avenue) will be removed and the facade of the building restored. The unit will not encroach into public right-of-way. Two illuminated panels installed within the ATM unit approximately 24 inches by 18 inches will provide lighting; the upper panel contains the words `Wells Fargo' and is considered to be a sign. In removing the existing ATM, a planter will also be removed and new sidewalk poured and glass sliding door replaced by a window; this work appears to be contained within the property boundaries. 2. The proposed location is zoned C-2 Restricted Commercial, which allows banking and financial institutions by right. Outdoor uses for uses listed in the permitted use list require a Conditional Use Permit per Section 17.26.050 of the Hermosa Beach Municipal Code (H.B.M.C.). 3. There is an existing ATM currently located within the same building facade at 1309 Hermosa Avenue. However, this location has been found to be non -compliant with 2013 California Building Code accessibility standards as the area to the front of this ATM on the public right-of- way is sloped greater than 1:48. The proposed ATM location will provide level access to the ATM from the sidewalk. Section 4. The project is Categorically Exempt from the California Environmental Quality Act pursuant to Section 15301(a) of the CEQA Guidelines because the proposal involves only 1 minor alterations to an existing building, and such changes will not adversely affect the surrounding area. Section 5. Based on the foregoing factual findings pertaining to the application for a Conditional Use Permit to establish an outdoor ATM on the public right-of-way, pursuant to H.B.M.C. Section 17.40.020, the use is supportive of and compatible with commercial and residential uses in the surrounding area and will not adversely affect city services or infrastructure, as follows: 1. Distance from existing residential use: The subject site is located on Hermosa Avenue and within the City's Downtown commercial area, a pedestrian -oriented commercial/recreational area. The nearest residential use is located approximately 100 feet away along 141h Court, opposite the City's parking structure. It is anticipated that the majority of ATM users will access this new facility on foot mainly via Hermosa Avenue and en route to other retail and/or commercial sites in the Downtown area. As such, significant impacts to residential uses are not anticipated. 2. Required parking facilities: Per Chapter 17.44, financial institutions require one parking space per 250 square feet of floor area. As the proposed use will occupy less than 30 square feet of space it does not generate the requirement for any additional parking spaces. Currently, one 15-minute restricted parking space is located on the western side of Hermosa Avenue immediately adjacent to the subject site. This parking space allows short-term parking for users of local facilities, including this ATM. In addition, this ATM use is anticipated to support nearby commercial uses, rather than creating destination -specific trips, so no increase in parking demand is anticipated. 3. Location of and distance to churches, schools, hospitals and public playgrounds: The site is located on Pier Plaza, away from churches, schools, and playgrounds. No impacts are anticipated. 4. The combination of proposed uses: The project site is located on Hermosa Avenue, a pedestrian oriented commercial street containing a mix of food establishments, retail shops, and services. The proposed project will support existing retail and commercial uses and no conflicts are anticipated. 5. Precautions taken by the owner or operator to assure compatibility with surrounding uses: The applicant has proposed to place the ATM in alignment with the existing building fagade to maintain a clean appearance and limit encroachment onto the public right-of-way. The ATM unit is well lit to provide safety at night for users and is partially screened by the design of the existing building faeade. Approval is conditioned on provision of a City - approved trash receptacle on Hermosa Avenue sidewalk proximate to the ATM site to minimize littering by ATM users. 6. The relationship of the proposed business -generated traffic volume and the size of streets serving the area: The proposed use will be an independent use, but is accessory to existing commercial uses making destination -specific trips unlikely. Therefore the ATM is not anticipated to increase traffic. 2 7. The proposed exterior signs and dicor, and the compatibility thereof with existing establishments in the area: The proposed ATM unit includes two lit panels approximately 24inches by 18 inches. The upper panel also contains the words `Wells Fargo' and is therefore also considered an illuminated sign and will require a Sign Permit. The proposed sign and lighting panels are compatible with existing signs in Pier Plaza and meet all requirements of H.B.M.C. Chapter 17.50. Approval to install the Wells Fargo ATM is also conditioned on the applicant's restoration of the storefront where the existing Credit Union ATM will be removed. Building permits will be required for fagade restoration and ATM installation. 8. The number and concentration of similar establishments or uses within close proximity to the proposed establishment: There are three existing financial institutions within a 500' radius of the subject site, Citibank, Bank of America and J.P. Morgan Chase all of which offer a wide variety of financial services, including ATM facilities. Various local businesses also have ATMs onsite as a convenience to customers, although these provide limited financial services and charge user fees. This ATM will provide limited financial services and so is unlikely to impact existing financial institutions in the downtown area. 9. Noise, odor, dust and/or vibration that may be generated by the proposed use: No noise, odor, dust and/or vibration is anticipated from the proposed use. 10. Impact of the proposed use to the city's infrastructure, and/or services: The Police Chief states that ATMs can become targets for increased crime. However, there have been no reported public safety issues with the existing Credit Union ATM in this location so no increase in crime is anticipated with the replacement ATM. Approval is conditioned on the applicant installing a trash receptacle adjacent to the corner of Hermosa Avenue and 10 Court. The proposed use supports retail and commercial uses in the Downtown and, as conditioned, is not anticipated to impact City infrastructure and/or services. 11. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other issues are identified. Section 6. Based on the foregoing, the Planning Commission hereby approves the requested Conditional Use Permit for an outdoor ATM fronting the public right-of-way, subject to the following Conditions of Approval: 1. The project site, design, and use shall be substantially consistent with the submitted plans reviewed and approved by the Planning Commission on March 17, 2015 except as provided by this permit. Minor modifications to the plans required for compliance with project conditions may be approved by the Planning Director. 2. Use of the Automatic Teller Machine (ATM) at 1307 Hermosa Avenue shall not commence until the Director of Community Development has approved submitted plans to remove the existing ATM and restore the storefront at 1309 Hermosa Avenue where the existing ATM is to be removed. 3 3. The use shall comply with all requirements of the Public Works, Building and Fire Departments, the Municipal Code and Public Works standards, and all other requirements of law. 4. A solid waste receptacle to reduce litter from ATM users proximate to the ATM shall be provided to the satisfaction of the Public Works Department, and the area shall be maintained free of litter and graffiti. 5. The use shall not impede ingress or egress or pedestrian circulation. 6. A Sign Permit shall be obtained in compliance with Chapter 17.50. 7. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 8. Approval of this permit shall expire twelve (12) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. Section 7. 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 Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the City of Hermosa Beach. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Parking Plan. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City. The Permittee shall reimburse the City for any court and attorney's fees that 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 Conditional Use Permit. 4 Section 8. 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: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 15-8 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of March 17, 2015, Michael Flaherty, ("hairma'il March ....1..7, 201.5......._ Date p x0ii Rol) rtsoti, Secretary 5