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HomeMy WebLinkAboutPC Resolution 11-04 - (719 Pier, The Counter, Parking Plan Amend.)P.C. RESOLUTION 11-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AMENDMENT ALLOWING PARKING FOR ALL USES WITHIN THE PLAZA HERMOSA SHOPPING CENTER, INCLUDING A NEW OUTDOOR DINING AREA IN CONNECTION WITH A RESTAURANT AT 719 PIER AVENUE, TO BE CALCULATED BASED ON A CONSOLIDATED OFF-STREET PARKING STANDARD, AND SUPERSEDING PLANNING COMMISSION RESOLUTION 99- 54, LOCATED AT 1559 PACIFIC COAST HIGHWAY (AKA 719 PIER AVENUE), LEGALLY DESCRIBED AS A PORTION OF LOT 1, TRACT 9203, AND LOTS 11- 1E INCLUSIVE, BLOCK 80, SECOND ADDITION TO HERMOSA BEACH Section 1. An application was filed by Bruce Miller & Associates seeking approval to establish an outdoor dining area comprised of approximately 1,000_square feet in conjunction with a new restaurant within an existing 2,827 commercial building within the Plaza Hermosa Shopping Center requiring an amendment to the Parking Plan for the Shopping Center, pursuant to Section 17.44.220 of the Hermosa Beach Municipal Code. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Parking Plan (PARK 11-1) on January 18, 2011, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on evidence received at the public hearing, both written and verbal, the Planning Commission makes the following factual findings: 1. Section 17.44.220 of the Hermosa Beach Municipal Code, Consolidated Off -Street Parking, allows the Planning Commission to reduce the required parking for each individual use and base the parking requirement on one space per 250 square feet when parking is consolidated in retail shopping centers of over 10,000 square feet, subject to approval of a Parking Plan. 2. Pursuant to Planning Commission Resolution 99-54 approving a Parking Plan amendment, Plaza Hermosa Shopping Center contained 93,600 square feet of various commercial uses, served by a parking area containing 427 parking spaces, yielding a ratio greater than one space per 250 square feet based on the consolidated parking standard. 3. There are currently 426 spaces in the shopping center, and the applicant proposes to create 2 new spaces, for a total of 428 spaces. However, 10 parking spaces in the lower parking level are contractually obligated under a long term lease by the shopping center owner to an adjacent off -site use (Time Warner Cable). Therefore, only 416 spaces are presently available for all uses. The proposed addition of a 1,000± square foot outdoor dining area increases the total gross floor area to 94,552 square feet, thereby requiring 378 parking spaces, and yielding a parking ratio greater than one space per 250 square feet of floor area compliant with Section 17.44.220. 4. The applicant has submitted a Parking Study for Plaza Hermosa Shopping Center, December 29, 2010, prepared by Linscott Law and Greenspan, which indicates there are 426 parking spaces at the shopping center, while 511 spaces would be required for the current mix of uses pursuant to the standards for each independent use per Chapter 17.44. Other uses in the shopping center include retail and snack shop closing around 10:00 p.m., financial institution and medical closing around 6:00 p.m., a 24 hour supermarket, and restaurant closing at 1:45 a.m. The peak parking demand for sit-down restaurants is 12:00 noon and 6:00 to 8:00 p.m. Current peak weekday and weekend parking demand in the shopping center is 3:00 p.m. with 253 and 270 spaces occupied respectively. Projected peak weekday and weekend hour at full shopping center occupancy including the proposed outdoor dining area is 5:00 p.m. with 292 and 299 spaces occupied respectively. 5. While the Club 705 restaurant in the center is not currently operating a full capacity and so actual parking demand may be higher, sit-down restaurant demand is likely to occur later than peak demand for other uses in the shopping center. Therefore a demand analysis demonstrates that parking will be adequate for all uses at full occupancy. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application to amend the Parking Plan: 1. The parking demand resulting from the addition of a 1,000+ square foot dining area in connection with a new sit-down restaurant within an existing building containing a fast-food restaurant can be absorbed in the parking facility that exists at the shopping center; 2. The shopping center shall maintain of 426 parking spaces, which exceeds the required minimum ratio of one space per 250 square feet of gross floor area as required by Section 17.44.220; provided that no more than ten (10) spaces may be reserved for any off -site use; 3. Calculating parking requirements for the proposed use within a large shopping center at one per 250 square feet rather than cumulatively for each and every use is acceptable under the terms of Section 17.44.220, Consolidated Off -Street Parking, as the shopping center contains a mix of uses with varying peak parking demand times, and the proposed restaurant with outdoor dining exhibits a peak demand offset from the parking demand of other uses. 4. The project is Categorically Exempt pursuant to Section 15303(c) of the California Environmental Quality Act because it involves a minor alteration within an urbanized area with availability of services. Section 5. Based on the foregoing, the Planning Commission hereby approves the Parking Plan amendment, subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Commission at their meeting of January 18, 2011. Any minor modification shall be reviewed and may be approved by the Community Development Director. 2. The current mix of commercial uses shall be maintained within the shopping center. Any modifications to uses and occupancies within the Shopping Center that result in a greater parking demand shall require further amendment to the Parking Plan. 3. A minimum of 426 parking spaces shall be provided in the shopping center parking lots and striped in compliance with Chapter 17.44 (Off -Street Parking) and accessibility requirements. 4. All parking available on the property shall be maintained for use by employees and customers and shared among all tenants and occupancies on the property, and shall be accessible to all uses. Any posted signs or restrictions regarding use of the parking on the property shall permit parking in all spaces for customers of the shopping center. However, a maximum of ten (10) spaces in the lower parking level may be reserved for off -site uses. 5. Planning Commission Resolution 99-54 is hereby superseded and shall be null and void and of no further effect. 6. If a review of this Parking Plan 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. 7. 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 sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. Section 6. 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 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. 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 and Parking Plan. Section 7. 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.Hoffman,Perrotti,Pizer,Chmn.Allen NOES: None ABSENT: Comm.Darcy ABSTAIN: None aa, __ MEN, K600V I hereby certify the foregoing Resolution P.C. 11-4 is a true and complete record of the action taken by the Planni g Commission of the City of Hermosa Beach, California, at its regular meetin of January 18, 2011. 41 ff Kent Allen, an n ob erfs , ecretary January 18, 2011 Date