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HomeMy WebLinkAboutPC Resolution 14-16 - (1301 Manhattan Avenue)P.C. RESOLUTION NO. 14-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN AMENDMENT TO RECONFIGURE OFFICES, DECKS, AND STAIRWAYS TOGETHER WITH FACADE AND ELEVATION CHANGES AND INCORPORATING AN EXISTING CONDITIONAL USE PERMIT FOR A RESTAURANT WITH ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT AND OUTDOOR DINING, WITHIN A MULTI -TENANT BUILDING AT 1301 MANHATTAN AVENUE, LEGALLY DESCRIBED AS TRACT 1125, BLOCK 34, LOTS 16,17,18, 19 AND 23, 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 Sailfish Holdings, LLC, property owners, requesting approval of Precise Development Plan Amendment 14-7 to modify the floor plan, reconfigure decks and stairways and remodel the building fagade and a portion of the roof, of the existing multi -tenant commercial building at 1301 Manhattan Avenue, to consolidate three office spaces into one, and to upgrade and differentiate the north (primarily office use) from the south (primarily restaurant use) portion of the building. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on May 201 and August 19, 2014 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission further deliberated the matter on September 16 and continued the matter to October 21, 2104 for final action. 1 At the May 20, 2014 hearing, the applicant reported that 14 parking spaces in the two -level parking structure were not available for use in the building due to a 1998 parking easement reserving 14 spaces for off -site uses (9 in the alley behind the building, and 5 spaces on the ground floor of the parking structure). The original building approvals require 77 parking spaces; yet through this process the City has learned that the 1998 easement has been in place since the building was constructed. The former owner's action to reserve the 14 parking spaces for off -site uses and enter into agreements with other nearby tenants to use this parking created a violation of HBMC Section 17.44.050 "Unlawful to reduce available parking" and Condition 2 of the PDP (Resolution 03-6246). Following the May hearing, the applicant applied for a Parking Plan to remedy the illegal condition. At subsequent hearings, members of the Planning Commission expressed dissatisfaction with allowing the illegal condition to remain on the property, and also indicated an intent to approve the Parking Plan subject to applicant's payment of in -lieu fees for the 14 spaces (at a sum of over $400,000). In a separate matter, the City initiated code enforcement proceedings against the applicant on September 9, 2014, demanding that all required parking be made available for uses in the building in compliance with city approvals. On September 11, 2014, the applicant withdrew his application for the Parking Plan and removed all signs reserving the 14 spaces for off -site uses. HBMC Section 2.84.010 requires that any illegal condition existing on property be remedied before the City can act on the pending application. The City understands that the easement has created a legal dispute between the applicant and the former property owner and that the dispute may take time to resolve. Nevertheless, this approval is based on the finding that the illegal condition has been corrected and is contingent upon the 14 spaces being available only for uses in the building. The approval is also conditioned to require further action in the event that a court of law determines that the easement is valid and will remain on the property. 1 Section 3. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: 1. The site is zoned C-2 Restricted Commercial which allows a multi -tenant use building, comprised of offices, retail and restaurant use with approval of a Precise Development Plan. Surrounding uses consist of restaurants, retail, and services within the subject building and residential uses primarily to the north on Manhattan Ave. 2. The project site was initially approved by Planning Commission Resolutions 96-9 (Precise Development Plan) and 96-5803 (Conditional Use Permit) on February 20, 1996, respectively allowing the construction and operation of a new 2-story multi -use commercial building and a restaurant with on -sale general alcohol, outside dining and incidental live entertainment. Several amendments were undertaken and the current operative entitlement is City Council Resolution 03-6246 adopted January 14, 2003. This resolution will replace and supersede Resolution 03-6246. 3. The subject building is a multi -tenant commercial building comprised of approximately 15,565 square feet, with a restaurant, office and personal service/fitness uses. Restaurant use is limited to 6,062 square feet (an accessory gift shop was converted to office use) and 1,700 of exterior restaurant patios; 506 square feet retail, 3,959 square feet office (vacant), 3537 square feet massage, and 1,161 square feet fitness. No physical or operational changes are proposed for the south half of the building, while the first and second floors of the south half of the building will be modified. 4. Three existing office spaces (Units F, G, and H) on the second floor of the north side of the building contain a total of 3,959 square feet and will be remodeled to serve as a single office space with no additional net interior office area. The applicant will add a net total of 573 square feet of outdoor deck area at the front of the building for a total of 1,620 square feet of deck serving the consolidated office area with new landscaping in potted plants added to the west facing office decks. 5. The applicant intends to modify the front fagade of the north half of the building and add a 20' by 26' clerestory roof/window element approximately 2'-8" above the existing roof in compliance with the 30 foot height limit. Section 4. Based on the foregoing factual findings, pursuant to H.B.M.C. Section 17.58.030, the Planning Commission finds that the Precise Development Permit amendment as conditioned will be compatible with the surroundings and all impacts are determined to be insignificant. Changes are limited to reconfiguring space within the building, modifying existing space within the footprint of the development to increase deck space and fagade changes; type and intensity of use will not change, plans will be reviewed to ensure safe egress can be provided, and impacts to the surrounding area and services and infrastructure are not anticipated. The proposed remodel to the building is minor and the outer improvements are aesthetic in nature. Thus, the project does not change the basis upon which the original findings were made to approve the Precise Development Plan in 1996 or as the permit was amended in 2003. 2 Section 5. The project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15301 Existing Facilities, because the proposal involves interior changes with no net addition of area and exterior architectural changes only and the Parking Plan is denied and therefore the project will not result in significant impacts. Section 6. Based on the foregoing, the Planning Commission hereby approves the proposed Precise Development Plan Amendment 14-7 subject to the following Conditions of Approval, and incorporating existing Conditions of Approval for the Conditional Use Permit to allow a restaurant with on -sale general alcohol, live entertainment and outdoor dining, as follows: Precise Development Plan 1. The existing use is a multi -tenant building occupied by office, personal services, retail and restaurant uses. The proposed modifications to the building creating an office suite on the north half of the second floor of the existing building shall be consistent with plans submitted and approved by the Planning Commission on September 16, 2014 and as indicated below. The Community Development Director may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval. Any substantial deviation must be reviewed and approved by the Planning Commission. This approval does not authorize any significant operational changes to uses for the existing building that would affect intensity of use or increase parking requirements. a) 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. b) A detailed occupancy and exiting plan shall be prepared by the applicant for an occupant load review by the City for the entire building in relation to changes proposed with this application, subject to Community Development Director approval. The plan shall demonstrate compliance with all City findings and conditions prior to issuance of a building permit. If the plan is not satisfactory to the Director, portions of this project may be scaled back or eliminated to the satisfaction of the Director that the project meets all findings and code requirements. c) All exterior lighting shall be downcast 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 (three 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. Exterior lighting shall not be deemed finally approved until 30 days after installation, during which period the Building Official may order the dimming 3 or modification of any illumination found to be excessively brilliant or impacting to nearby properties. d) Landscaping shall comply with Sections 17.22.060(H) and 8.60.070 of the Municipal Code to the satisfaction of the Community Development Director. e) The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. f) The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 2. The required parking supply of 77 parking spaces (including two (2) provided in tandem) shall be maintained for the on -site uses at all times and shall not be reduced. 3. Employees shall be allowed and encouraged to park in the lower level at all times for work purposes at no charge. Tenants shall ensure that employees are informed and provided access to the free parking on the lower level. 4. The parking spaces in the two level parking structure shall be accessible to all patrons of the business including the restaurant after 6:00 p.m. daily. No assigned parking or gated access shall be allowed between 6:00 p.m. and 2:00 a.m. Alternatively, the applicant may limit the use of the lower level parking area for valet attendant parking during these hours, by providing evidence of the valet service operation for approval by the Community Development Director. Conditional Use Permit 5. The restaurant with on -sale alcohol, live entertainment and outdoor dining shall comply with the following operational conditions: a) Interior and exterior building alterations and the continued use and operation of the restaurant shall be in substantial conformance with the plans submitted and reviewed by the Planning Commission on December 4, 2002, except that the lowest level patio may not be enclosed by a roof. b) The hours of operation shall be limited to between 7:00 a.m. and 2:00 a.m. daily. Outdoor dining, seating and any use of the outdoor patios shall not be allowed later than 12:30 a.m. No patrons shall be seated on the patios beginning an hour before these times. c) The hours of live entertainment shall be limited to between 4:00 p.m. and 1:15 a.m. Monday through Friday, and from 9:00 a.m. and 1:15 a.m. on Saturdays and Sundays, Federal and State holiday, Cinco de Mayo, and St. Patrick's Day. 4 d) Live entertainment shall be limited to non -amplified piano and acoustic music. e) No live entertainment shall be permitted in the outside seating areas, and the volume level of any amplified music in the outside seating area shall be controlled by management to ensure compliance with the noise ordinance. f) Dancing shall be limited to the second level interior banquet room. g) A sound attenuation wall varying in height between 7 and 8 feet shall be installed around the perimeter of the outdoor seating areas. The type of glass or other barrier shall be specified by a qualified acoustical engineer to attenuate noise. h) An acoustical study shall be prepared by an acoustical engineer, including proposed sound dampening features to baffle and direct sound away from the entrance /exit and window areas to ensure compliance with the noise ordinance. Said study shall be reviewed and approved by the Community Development Director prior to the issuance of building permits for the restaurant and shall be implemented and maintained in the building. The acoustical study shall be based on the worst -case scenario, or on a sound level that will not be exceeded at any given time for all areas of the restaurant. i) Management shall at all times be responsible for the music/entertainment volume levels. j) During the performance of any live entertainment the exterior doors and windows shall remain closed. k) The air conditioning system shall be of an adequate capacity to air condition the entire restaurant. 1) Signs shall be posted at the restaurant entry and on its outdoor patios requesting that customers "please be courteous to neighbors". m) A doorman shall be stationed at the front entry between the hours of 10:00 p.m. and 2:15 a.m. on Friday and Saturday nights, to monitor activity in the front of the restaurant and to make sure that the door is not left open. n) The establishment shall not adversely affect the welfare of the resident, and/or commercial establishments nearby. o) The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness and boisterous activities of the patrons outside the business and in nearby public areas. k p) The Police Chief may determine that a continuing police problem exists, and may authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. q) The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. r) Any changes to the interior layout, which would alter the primary function of the business as a restaurant, shall be subject to review and approval by the Planning Commission. s) The project and operation of the business shall comply with all applicable requirements of the Municipal Code. t) 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. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. u) The Planning Commission shall reserve the right to review the operation of the restaurant and the parking facility in response to any complaints. General• 6. The Grant of Easement recorded in 1998 and Amendment recorded in 2013 to reserve 14 spaces for off -site uses created an illegal condition on the property. This approval is based on the finding that the illegal condition has been corrected and is contingent upon the 14 spaces being available only for uses in the building. a) In the event that the holder of the easement's dominant tenement, or other interested party, obtains a court order or judgment confirming that the party has a legal right to use the spaces or that the easement is valid and enforceable and will remain on the property, the rights under this permit shall be suspended until the property owner of 1301 Manhattan Avenue remedies the parking deficiency in compliance with the HBMC and to the satisfaction of the Planning Commission. Options for remedying the parking deficiency include without limitation (1) obtaining a Parking Plan; (2) payment of in -lieu fees for the permanent loss of any required spaces; and (3) reduction in the use of the building in a proportional amount to reduction in required spaces (calculated at 250 square feet of gross floor area per space for office and retail uses). b) Recognizing that a legal dispute may exist between the property owner at 1301 Manhattan Avenue and other parties claiming rights to the spaces, the property re7 owner shall have an affirmative obligation to tow away any cars parked on the premises that are not patrons of the businesses on -site. c) In addition to any other remedies available under the law, should any parking spaces be reserved for off -site uses, the City shall have the authority to enter the property and remove any signs authorizing such a reservation, at the property owner's expense. 7. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the City of Hermosa Beach Municipal Code. 8. City Council Resolution 03-6246 is hereby superseded and of no further force or effect. 9. 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. 10. The Planning Commission may review this Precise Development Plan and Conditional Use Permit 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. 11. 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 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 Permit Amendment and Conditional Use 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. 7 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 attorney's 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.Flaherty,Hoffman,Perrotti NOES: Comm.Pizer,Chmn.Allen ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 14-16 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 October 21, 2014. ------ Kent Allen, Chairman obs, Secretar. October 21 2014 Date 8