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Home My WebLink AboutPC Resolution 15-15 - (507 Pier Avenue)P.C. RESOLUTION NO. 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ACCEPT PAYMENT FEES IN -LIEU OF PROVIDING REQUIRED PARKING ON -SITE TO ALLOW THE CHANGE OF USE OF AN EXISTING MASSAGE ESTABLISHMENT TO A MEDICAL OFFICE AT 507 PIER AVENUE, LEGALLY DESCRIBED AS LOT 28, SECOND ADDITION TO HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Earth Vitality Medical Group, Inc. seeking approval for a Parking Plan for a change of use at a new medical office and payment of fees in -lieu of providing required parking. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Parking Plan 15-3 on May 19, 2015, at which time the Staff Report and 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, the Planning Commission makes the following factual findings: 1. The site is zoned SPA No. 11 which allows medical offices and retail by right. 2. The applicant requests to convert a 955± square foot space to a medical office with retail. The retail portion of the building will be at the front along Pier Avenue and equates to approximately 263 square feet while the remaining 692 square feet to the rear will be dedicated for medical office use. 3. The tenant space will offer personalized nutrition and proactive wellness products and services including vitamins, minerals in various forms (tablets, capsules, liquids, intramuscular and intravenous) as well as food sensitivity, micronutrient and DNA Telomere testing. 4. There are two parking spaces to the rear of the building. Current standards require four (4) spaces for the previous massage use while the proposed medical use requires five (5) spaces'. Section 17.52.035(E) states that when a use of a building nonconforming to parking is intensified the required additional parking is based on the difference of the new use as 1 Section 17.52.035(E) states that "When the use of an existing commercial, manufacturing or other non- residential building or structure is changed to a more intense use with a higher parking requirement the requirement for additional parking shall be calculated as the difference between the required parking as stated in Section 17.44.030 for that particular use as compared to the requirement for the existing or previous use, which shall be met prior to occupying the building unless otherwise specified in Chapter 17.44. (Ord. 05-1257 § 8, 2005)" 1 compared with the prior use. On -street parking along Pier Avenue and neighboring streets is also available. Section 4. Based on the foregoing, the Planning Commission makes the following findings that the applicant may pay fees in -lieu of providing required parking for the change of use per Section 17.46.210: 1. The dual use of retail and medical may help to reduce parking demand for the building as opposed to the entire building being designated as a medical office. 2. The business is located within the downtown district where metered parking is available and other modes of transportation like bicycling and walking are common. 3. The applicant is unable to provide the required additional parking space on -site. 4. Pursuant to Section 17.44.210 a fee in -lieu of providing required parking is required to reduce required parking and change use to a medical office. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303, Class 3(c) New Construction or Conversion of Small Structures as the infill project is located in an urbanized area and all necessary public services, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 14-6, subject to the following Conditions of Approval: 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on May 19, 2015. Minor modifications to the plans are required to comply with project conditions or codes may be approved by the Community Development Director. a. The front area of the building (minimum 250 square feet) shall be designated solely for retail and the front fagade shall be consistent with the development standards of Specific Plan Area No.11. b. All medical consultations and treatments shall be designated for the rear portion of the building. 2. The improvements and operation shall comply with all requirements of the Hermosa Beach Municipal Code and the Los Angeles County Health Department, and Hermosa Beach Community Development, Fire and Public Works Departments. a. The use shall comply with all requirements of Chapter 8.44. 2 b. The premises shall be maintained in a neat, clean, litter and graffiti -free manner at all times. c. Improvement and operation shall comply with water conservation requirements in Chapter 8.56, food facility inspections in Section 8.04.030, and sign regulations in Chapter 17.50. 3. The two (2) parking spaces directly to the rear of the tenant space shall be re -striped and maintained for parking at all times. 4. All parking shall be available for free to customers and employees and no parking spaces shall be assigned for exclusive use. 5. In order to compensate for a lack of required parking on -site, the applicant shall contribute fees to the City's parking improvement fund in lieu of the required one (1) parking space, as set forth in Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 as set forth by resolution of the City Council. The payment of fees in -lieu of required parking shall be made prior to occupancy of the building and/or final building permit sign off. 6. The applicant shall seek a determination from the California Coastal Commission on whether a Coastal Development Permit is required, and if required the applicant must obtain the Coastal Development Permit prior to issuance of the Certificate of Final Occupancy. 7. 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 hereafter adopted that is 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. 8. The Planning Commission may review this Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects with regard to this Parking Plan resulting from the subject use. 9. Approval of this permit shall expire twenty-four (24) 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 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 3 Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. This Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 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 and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorneys' fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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. 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 Planning Commission Resolution 15-15 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 May 19, 2015. 14":� Michael " aherty, Chairman ...................._. �'t� �� 'hsoii„ Secretary ' May 19, 2015 Date 4