HomeMy WebLinkAboutPC Resolution 14-01 - (2700 Manhattan)P.C. RESOLUTION 14-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, APPROVING A PRECISE DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT TO ALLOW A MIXED -USE BUILDING WITH
THREE RESIDENCES ABOVE COMMERCIAL ON THE GROUND FLOOR
AND SUBTERRANEAN RESIDENTIAL PARKING; A PARKING PLAN TO
CLASSIFY A NEW FOOD ESTABLISHMENT AS A `SNACK SHOP' FOR THE
PURPOSE OF CALCULATING PARKING REQUIREMENTS, AT 2700
MANHATTAN AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 3 BLOCK
113 OF SHAKESPEARE TRACT AS PER MAP RECORDED IN BOOK 9 PAGE
190 OF MAPS, CITY OF 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 The Sohail, LLC, owner of real property located at
2700 Manhattan Avenue, seeking approval for a Precise Development Plan 13-5 and Conditional
Use Permit 13-10 to allow the construction of a mixed -use building and Parking Plan 13-5 to
classify a new food establishment as a `snack shop' for the purpose of calculating parking
requirements.
Section 2. The Planning Commission conducted duly noticed public hearings to consider
the subject application on November 19, 2013 and December 4, 2013, and January 21, 2014, at
which time testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental Quality
Act pursuant to CEQA Guidelines Sections 15303(b) and (c) because the project consists of infill
development on an urban site zoned for a mixed -use development, the project as conditioned will
comply with the General Plan and Zoning Code, no variances are requested, and the project is
within an urban area with access and available services.
Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The subject property is located at 2700 Manhattan Avenue and consists of two parcels
under the same ownership totaling 4,800 square feet, is designated Neighborhood Commercial on
the General Plan Map, and C-1 Neighborhood Commercial on the Zoning Map.
2. The subject property is located in the C-1 Neighborhood Commercial Zone. A
Conditional Use Permit is required pursuant to the C-1 permitted use list of Section 17.26.030 of the
Zoning Ordinance, which provides that "Residence: Residential uses above ground floor
commercial uses(s), including condominium developments" is a conditionally permitted use. This
section was amended by the City Council to also allow residential condominiums. A Precise
Development Plan is required pursuant to Chapter 17.58 for new construction of more than 1500
square feet of commercial development or multi -family residential development.
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3. The subject property is currently developed with a two-story, two -unit apartment
building and a restaurant with on -sale beer and wine (La Sosta Enoteca).
4. The applicant proposes to demolish the existing two -unit apartment and restaurant, and
to construct a new four -level mixed -use building with subterranean residential parking, 816 square
feet of ground -level commercial, and three residential units on the second and third level. Eight (8)
parking spaces are provided in the subterranean garage for residential occupants and six (6) rrking
spaces are provided on the ground level for the commercial use, all accessed from the 28t Court
alley.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Precise Development Plan and Conditional
Use Permit pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code:
1. The project is consistent with the General Plan Neighborhood Commercial designation
and R-3 zone because the project is a conditional use and has a residential density of less than 33
units per acre, and as conditioned complies with all standards.
2. The site is zoned C-1 and is physically suitable for a four -level mixed -use building
containing subterranean parking, 816 square feet of ground level commercial, and three (3)
residential apartments on the second and third levels. The project will replace an existing two -unit
apartment building and restaurant. Unit #1 contains one bedroom and 1,035 square feet of habitable
area; Unit #2 contains 3 bedrooms and 1,474 square feet of habitable area; and Unit #3 contains
three bedrooms and 2,978 square feet of habitable area. Parking for the residential units is located in
the subterranean garage, in -tandem, and accessed from 28th Court. Two independently accessible
guest parking spaces are provided in the subterranean garage as well.
3. The improvements provide for adequate drainage, sanitation and potable water,
underground utilities, supply all required off-street parking and safe access from a public street, will
not cause substantial traffic impacts, and will comply with all construction requirements including
but not limited to best management practices. Project design ensures there is adequate access,
vehicle conflicts within the alley will be minimized, visibility while ingressing and egressing on the
alley at its west end is maximized, and dedicated employee parking is provided onsite in addition to
required customer parking to reduce demands on on -street parking.
4. The project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring properties. Landscaping in
the front and side yards will improve aesthetics. Elevator housing height is reduced to 1.5 feet
above the height limit to reduce visual and compatibility impacts.
5. The project as conditioned will conform to all zoning and Municipal Code standards.
Lot width exceeds 29 feet, unit sizes exceed the minimum requirement, height limits are met, and
all setbacks are complied with. Alteration of natural features is not significant given the existing
developed condition of the site.
Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Parking Plan:
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1. The business is appropriately classified as a `snack shop' in accordance with Section
17.04.050 because the establishment offers a limited menu of baked goods, sandwiches and coffee
and tea, wait -staff service will not be offered, seating will not exceed 25 seats, and no alcoholic
beverages will be provided. Cooking equipment is limited to one baking oven, one hot sandwich
press, one countertop oven, and one waffle iron and does not include a deep fryer, stovetop range,
grill, or any other heat -related cooking equipment. Anticipated customer wait time for an order is
expected to be approximately seven (7) minutes.
2. Pursuant to Sections 17.44.030(0) and 17.44.210, the retail commercial parking standard
(one space per 250 square feet of gross floor area) is appropriate for this use because:
A. The proposed snack shop is a quick service food establishment and parking duration for
customers is anticipated to be short because the anticipated wait time for each customer order is
seven (7) minutes. The seating area is on the interior of the space and proposes 14 total seats.
B. The subject site is located within a commercially oriented neighborhood within a dense
residential area. As such, the proposed commercial use is anticipated to primarily serve
local residents and generate a fairly high proportion of pedestrian trips and is not anticipated
to have a high parking demand. The proposed 816 square foot snack shop must provide a
minimum of three parking spaces is parked at the retail standard, while six parking spaces
are proposed; two of the excess spaces are provided in tandem and will be dedicated for
employee use, thereby freeing up on -street spaces for others.
C. The proposed business, with its location within a commercially oriented
neighborhood and dense residential area is anticipated to generate a large amount of
pedestrian trips. Its limited menu and cooking devices, an anticipated customer wait
time of seven (7) minutes, and limited seating are characteristics similar to previously
approved snack shops by the Planning Commission (Subway, Gum Tree, Street Tacos,
Baby g's) and consistent with the characteristics of a "snack shop" and not a restaurant as
defined in the Municipal Code; therefore; the retail parking standard (one space for every
250 square feet) shall apply.
Section 7. Based on the foregoing, the Planning Commission hereby approves Precise
Development Plan 13-5, Conditional Use Permit 13-10 and Parking Plan 13-5 subject to the
following Conditions of Approval:
General:
1. Except as modified herein, the floor plan shall be substantially consistent with the plan
approved by the Planning Commission on January 21, 2014. Minor modifications to
the plans are required to comply with project conditions or codes and shall be
approved by the Community Development Director.
a. Use of the outdoor patio for outdoor seating or commercial purposes is not
encompassed within this permit. Seating (and eating) shall be limited to the
interior area shown on the floor plan.
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b. Should the applicant determine to not develop the commercial space for a snack
shop, but rather to provide space for office, retail or similar uses permitted by
right in the C-1 zone, subject to the retail parking standard not exceeding one
space per 250 square feet of gross floor area, and provided the use is not of
higher intensity or impact, the Community Director may approve modifications
to plans that eliminate the kitchen and dining facilities.
c. The elevator housing shall not project more than 1.5 feet above the 30 foot
height limit.
d. The northwesterly most post inside the commercial parking area shall be moved
closer to the commercial tenant space to provide a larger turning radius for
vehicles entering/exiting the subject site. In no case shall the post location
encroach into required parking stall dimensions and all modifications are
subject to approval by the Community Development Director.
2. Occupancy of the commercial space on the ground floor shall be limited to uses
permitted in the C-1 zone and, further, shall not include residential uses, restaurants,
laundromats or dry cleaning businesses per Section 17.40.180.
3. The two parcels constituting the property shall be combined into one legal parcel
through the recording of a Boundary Line Adjustment. The property owner shall file
with the Community Development Department a Certificate of Compliance approved
by the Community Development Director and City Attorney as to form for recording
in the office of the Los Angeles County Recorder.
4. Commercial uses shall be limited to operation hours between 8:00 a.m. and 8:00 p.m.
at which time all customers shall vacate the premises.
5. Precise building height information shall be provided on final project plans, which
shall include corner point elevations provided on a detailed roof plan indicating corner
points of the lot, the location of all property lines and maximum and proposed heights
at the critical points on the roof.
6. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be reviewed at
the time of Plan Check, to the satisfaction of the Community Development Director. In
addition:
a. All parking dimensions shall comply with Chapter 17.44.
b. Driveway transitions shall comply with Section 17.44.120(D).
c. All exterior lighting shall be down cast and fully shielded and illumination shall
be contained within the property boundaries. Lighting shall be energy
conserving and motion detector lighting shall be used for all lighting except low-
level (3 feet or less in height) security lighting and porch lights. Lamp bulbs
and images shall not be visible from within any onsite or offsite residential unit.
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Exterior lighting shall not be deemed finally approved until thirty days after
installation, during which period the building official may order the dimming or
modification of any illumination found to be excessively brilliant or impacting
to nearby properties.
d. Solid waste facilities shall comply with Chapter 8.12.
e. Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
f. Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal energy shall also be supplied per Section 15.32.140.
g. Walls separating each floor and all shared walls shall have a minimum sound
transmission rating of 52.
7. In the event that subsurface infiltration is required, plans shall designate the exact
location of the subsurface infiltration system, the applicant shall enter into a
maintenance agreement with the City (prior to final map approval) for the ongoing
infiltration, and provide a surety bond to the City to guarantee that onsite, subsurface
infiltration is achieved. The amount of the bond shall be determined by the Building
Division. All other drainage shall be routed to an offsite facility or onsite permeable
area approved by the City. To the extent possible, a portion of roof drainage shall be
routed to onsite permeable areas. No drainage shall flow over any driveway or
sidewalk. If the drainage of surface waters onto the property requires a sump pump to
discharge said waters onto the street, the property owner(s) shall record an agreement
to assume the risk associated with use and operation of said sump pump, release the
City from any liability, and indemnify the City regarding receipt of surface waters
from the property.
8. A plan for urban and stormwater runoff controls approved by the Public Works
Department shall be set forth on the construction plans in accordance with Chapter
8.44 and Section 8.44.090, and the applicant shall at all times comply with the required
best management practices.
9.. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48.
10. Two copies of final construction plans, including site, elevation and floor plans, which
are consistent with the conditions of approval of this conditional use permit, shall be
reviewed and approved by the Planning Division for consistency with Planning
Commission approved plans and this Resolution prior to the submittal to the Building
Division for Plan Check.
11. Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the
applicant/property owner is aware of, and agrees to accept, all of the conditions of this
grant of approval.
12. 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; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
13. Prior to the issuance of Building Permits, two copies of a Final Landscaping Plan,
consistent with landscape plans approved by the Planning Commission, indicating size,
type, quantity and characteristics of landscape materials shall be submitted to the
Community Development Department, Planning Division for review and approval.
The Final Plan shall also include the following:
a. The Final Landscaping Plan shall comply with Sections 8.60.070, 8.56.070 and
17.40.180 to the satisfaction of the Community Development Director.
b. An automatic landscape sprinkler system consistent with Section 17.22.060(H)
shall be provided, and shall be shown on plans (Building Permits are required).
c. Landscaping selected for installation along the easterly lot line shall be of a
species that when mature will be no greater than six (6) feet in height as
determined by the Community Development Director.
d. All landscaping shall be well -maintained at all times. Landscaping shall be
replaced consistent with the approved Landscape Plan when dead or dying.
e. The combined height of the planter box and (mature height) landscaping at the
northwest corner of the subject lot shall be as such to ensure proper vision
clearance for vehicles at the corner of Manhattan Avenue and 28th Court and
shall not exceed 36 inches.
14. Prior to issuance of a Building Permit, abutting property owners and residents within
100 feet of the project site shall be notified of the anticipated date for commencement
of construction.
a. The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b. Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
15. Prior to issuance of a Building Permit, an approved civil engineering plan prepared by
a licensed civil engineer, and approved by the Public Works Director, addressing
grading, undergrounding of all utilities, sidewalk, curb and gutter improvements,
onsite and offsite drainage (no sheet flow permitted), installation of utility laterals, and
all other improvements necessary to comply with the Municipal Code and Public
Works specifications, shall be filed with the Community Development Department.
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16. The project shall comply with all requirements of the Building Division, Public Works
Department, including any required improvements to the curb gutter or drainage on
the public right-of-way, and Fire Department, and the City of Hermosa Beach
Municipal Code.
17. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No structures or elements associated with the use or
its construction, and no work in the public right-of-way shall commence unless and
until an Encroachment Permit has been approved by the Public Works Department.
18. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building plans
and posted at the construction site.
19. The address of each residential unit shall be conspicuously displayed on the street side
of the buildings with externally or internally lit numbers and the method for
illumination shall be shown on plans. Addressing numbering and display are subject
to approval by the Community Development Department.
20. All signs shall comply with applicable requirements in Chapter 17.50. A sign permit
shall be obtained for all commercial signs. Any illumination for commercial signage
shall be turned off between the hours of 10:00 p.m. and 8:00 a.m.
21. Noise emanating from the property shall be within the limitations prescribed by the
City's Noise Ordinance and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments. The business shall comply in all
other respects with Municipal Code Chapter 8.24 (Noise Control) and noise from the
premises shall not constitute a public nuisance.
a. No audio or video devices of any type shall be permitted outside the building or
on the outdoor patio.
22. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times, and adequate trash and recycle containers shall
be provided within the establishment to reduce litter and contaminants on the public
right-of-way per Chapter 8.12.
23. No site element, landscaping, site furniture or other items over 36 inches in height shall
be located within the vision clearance triangle at the corner of 27th Street and
Manhattan Avenue.
Residential Parking:
24. Tandem parking for each residential apartment unit shall be permanently and
exclusively assigned to each unit.
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25. Guest parking spaces shall be used only for guest parking and shall be independently
accessible to each unit. No individual vehicle shall use a guest space for more than 72
hours.
26. All parking spaces shall remain available for parking and shall not be used for storage
or other purposes. Storage of boats, trailers, and recreational vehicles shall not be
allowed in the parking garage. Commercial vehicles coming to the premises for
deliveries, maintenance or similar purposes are not permitted in the parking garage.
27. Sensors activating the required traffic lights at the entrance of the driveway onto 28tn
Court and the base of the driveway in the parking garage shall be installed within the
parking garage at the entrance and termination of the driveway ramp, as well as
within the drive aisle area, but excluding the area within the parking spaces.
28. The traffic lights installed at the alley and inside the parking garage turning area shall
be approved by the Public Works and Community Development Departments and
shall be permanently operable at all times and maintained by the property owner.
29. Sign(s) shall be posted at the entrance to the parking garage indicating that it is for use
solely by tenants of the residential units and their guests.
Commercial Parking:
30. A minimum of six parking spaces shall be provided in the commercial parking area.
The required handicap parking space shall be signed as required by law.
31. Two tandem parking spaces on the ground level, located adjacent to the building, shall
be signed and designated for employee use only.
32. Small delivery trucks making deliveries shall be directed to utilize the on -site
commercial parking spaces or must use on -street parking spaces. Delivery trucks shall
not stop within, or block or encroach upon the alley.
a. At the time the Civil Engineering plans are reviewed the applicant shall work
with the Public Works Department to soften the radius of the curb at the corner
of Manhattan Avenue and 28th Court.
b. At the time the Civil Engineering plans are reviewed the applicant shall comply
with Public Works requirements (if any) to modify the two (2) 1115 minute"
street parking spaces on Manhattan Avenue, in front of the subject property.
Snack Shop Use:
33. The commercial portion of the project shall not exceed 816 square feet and shall
comply with all requirements of a `snack bar' as defined in the Hermosa Beach
Municipal Code Section 17.04.050 including, maximum of 25 seats (indoor area and
any allowed outdoor patio combined), no waiter/waitress table service except queuing
(intermittent delivery of purchased goods), shall provide a limited menu, shall not
serve full meals or have a kitchen capable of serving meals, a cooking range is not
allowed, and no alcoholic beverages are allowed.
a. In no case shall seating for the snack shop exceed 25 seats or space intended to
be occupied by persons eating, regardless whether interior or exterior.
b. Cooking devices shall be limited to two ovens, and other countertop appliances.
However, no stovetop range, grill, fryer, or any other heat -related cooking
device shall be permitted. Other cooking devices consistent with a snack shop
use may be approved in writing by the Community Development Director.
34. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
35. Polystyrene containers and drink ware shall not be used or provided pursuant to
Chapter 8.64.
36. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or
discharge of any liquids, other than stormwater, onto the public right-of-way, into the
parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash
water shall be limited to the sanitary sewer. Designation of a mop sink and provision
of a grease trap shall be provided as required by the Public Works and Building
Division.
37. The improvements and operation shall comply with all requirements of the Municipal
Code, including but not limited to the C-1 zone, provision of solid waste
facilities/containers adequate for the use and fully screened in compliance with
Municipal Code Section 8.12.220, water conservation requirements in Chapter 8.56,
and food facility inspections in Section 8.04.030.
Other:
38. Approval of these permits 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.
39. An approved coastal development permit from the California Coastal Commission
shall be filed with the City prior to issuance of demolition, shoring and construction
permits.
40. The Planning Commission may review this Conditional Use Permit, Precise
Development Plan and Parking Plan and may amend the subject conditions or impose
any new conditions if deemed necessary to mitigate detrimental effects on the
neighborhood resulting from the subject use.
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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, Precise Development Plan and Parking
Plan 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.
To the extent permitted by law, 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 Conditional Use
Permit. 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.
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. Flaherty, Perrotti, Pizer, Chmn. Hoffman
NOES: None
ABSTAIN: None
ABSENT: Comm. Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 14-1 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
,aty 21, 2014.
Peter I of" 'ian, f"ir�nrsnai�a 1 - in, ,red ry
Januar 21 2014
Date
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