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HomeMy WebLinkAboutPC Resolution 10-04 - (1081 Aviation, landscaping co)P.C. RESOLUTION 10-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW OUTDOOR STORAGE OF SUPPLIES AND VEHICLES IN CONNECTION WITH A NEW LANDSCAPE BUSINESS CONFIRMATION OF PARKING REQUIREMENTS, AT 1081, 1085 AND 1087 AVIATION BOULEVARD, LEGALLY DESCRIBED AS SOUTHEAST 58’ OF LOTS 47 & 48, AND ALL OF 49 & 50, HERMOSA HEIGHTS TRACT BEING LOT 14, BLOCK 88 OF 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 Edin Roberto Pinto-Duarte (National Greens Inc.), lessee of the subject property, seeking approval for a Conditional Use Permit and Precise Development Plan to allow outdoor storage of supplies and vehicles in connection with a new landscape business on a 7,900 square feet lot containing an existing 1,140 square foot building (previously a truck rental business). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Conditional Use Permit 10-2 and Precise Development Plan 10-3 on February 16, 2010, at which time testimony and evidence, both oral and written, 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 C-3, General Commercial, which permits general office use by right. The proposed outdoor landscape preparation area and vehicle storage require a Conditional Use Permit. Proposed use of the parking lot is greater than 1,500 square feet, thus requiring a Precise Development Plan. The site is adjacent to C-3 and R-1 zoning; including commercial use, nonconforming multi-family residential and single family residences, and there are no other known landscape business centers within at least a one mile radius. 2. The applicant has submitted a site plan with proposed improvements to the existing building and the parking area, including 8 parking spaces, graveled parking surfacing, landscaping, fencing and lighting. While pervious, a gravel parking lot is not is fully compliant with Section 17.44.120 (Driveways). 3. The proposed parking and landscape preparation area exceed 5,000 square feet and therefore a Standard Urban Stormwater Mitigation Plan (SUSMP) per Municipal Code Chapter 8.44 is required. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to H.B.M.C. Section 17.26.030 the proposed business office use is permitted by right. The outdoor landscape preparation area, which exhibits some components of a nursery use, and overnight company vehicles parking (vehicle storage) require a conditional use permit per Section 17.26.030. In addition, although the landscape preparation area is one component of the business, the size of the area and the nature of the activities that will be conducted lead to the conclusion that this use exceeds the scope of a use that is incidental to office use. The CUP provides the opportunity to consider impacts and compatibility with surrounding uses. 1 2. The parking standard for office use (one space per 250 square feet of gross floor area) applies to the use, however due to the unique circumstances of the proposed use as a vehicle storage lot, parking to serve employees that use company trucks (5), employees in the office (2), and customers requires a total of nine (9) onsite parking spaces, and the project is so conditioned. 3. Pursuant to H.B.M.C. Sections 17.26.050 and 17.58.030, impacts such as noise, odor, dust and/or vibration resulting from the proposed outdoor landscape preparation area and overnight company vehicle parking uses are minimal and controls are imposed to ensure no adverse effects will occur that the use is generally compatible with surrounding commercial and residential uses as follows: A. Distance from existing residential uses, churches, schools, hospitals and public playgrounds in relation to negative effects. The site is located on a commercial corridor, bounded by nonconforming residential uses to the rear, and no other sensitive uses are located nearby. Interior use of the existing building will not impact residential uses. Impacts associated with noise dust, odors, spills or other impacts associated with outdoor landscape material preparation or the proposed graveled parking lot will not occur due to site improvement and operational conditions of approval. B. The amount of existing or proposed off-street parking in relation to actual need. While the applicant is proposing 8 parking spaces, the project is conditioned to require 9 spaces (5 spaces for overnight company truck parking, 2 other employees and 2 customer spaces) to ensure onsite parking is adequate. C. The combination of uses proposed, as they relate to compatibility. The proposed uses are all components of the same business and are compatible, and the proposed daytime uses (general office and plant materials preparation) will not pose compatibility issues as discussed under items A and G. D. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area. Aviation Boulevard operates at level of service (LOS) E in the A.M. peak hour and F in the P.M. peak (average vehicle speed ≥ 10 mph), and Aviation at Prospect operates at LOS B n the A.M. peak and LOS C in the P.M. peak. The addition of 12 vehicle trips at the peak hours is not considered significant. In addition, staff considers that the proposed use may exhibit less traffic than the former truck rental use if most employees at the proposed use are away from the site for most of the business day, and customer visitation is infrequent. E. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area. Repainting the building, adding landscaping and new fencing will improve the appearance of the property, and the project is conditioned to require a 3-foot wide landscape planter along the front property line and to ensure the fencing along the front property line allows visibility within the property boundaries. The chain link fencing in the rear will also be replaced with a 7 foot high wood fence. Any sign will be reviewed under a separate sign permit. F. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools. Residential properties to the rear of the site will not be impacts since both vehicular and pedestrian accesses will remain from Aviation Boulevard. There are no other sensitive uses nearby. Public Works requests the applicant to close off the unused curb cut to improve the sidewalk grades for pedestrian use and provide an additional onstreet parking space, and this is a condition of approval. G. Noise, odor, dust and/or vibration that may be generated by the proposed use. Proposed hours are 7:30 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays. The project is conditioned to restrict activities to 8:00 a.m. to 6:00 p.m., therefore the use will not generate noise at 2 times that would affect residential uses. The project is conditioned to requiring any soil amendment or landscape materials to be secured to prevent dust, odors or spillage or runoff. Dust and mud from use of a gravel parking lot could be generated and track onto the public street. The project is conditioned to require paving. H. Impact of the proposed use to the city's infrastructure, and/or services. The proposed business will be operated out of an existing building without floor area expansion. The proposed parking and material preparation area will be conditioned to provide appropriate trench drain, catch basin, dry well, and fencing to prevent runoff onto city storm drain and city streets. Other impacts to City’s infrastructure and/or service will not occur as there are existing utilities onsite and the use will otherwise operate essentially as office use. I. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms. No significant impacts are identified. A Standard Urban Stormwater Management Plan (SUSMP) is required in compliance with Municipal Code Chapter 8.44 incorporating controls for the outdoor preparation area and parking lot. J. Other considerations that, in the Commission’s judgment, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project is conditioned to provide trash and recycling facilities in compliance with Municipal Code Chapter 8.12. Section 4. The proposal is exempt from the California Environmental Quality Act per Guidelines Sections 15301, 15303 and 15304 as the project consists of remodeling of an existing building approximately 1,400 square feet, previously occupied by a similar use, and providing improved parking lot controls, within an urban area with availability of public and urban services and access. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 10-2 and Precise Development Plan 10-3, subject to the following Conditions of Approval: 1. The architectural treatment of the building and all finishes, all interior and exterior building and parking area and the operation of the landscape business office, outdoor landscape preparation area and overnight company vehicle parking shall be substantially consistent with the plans approved by the Planning Commission on February 16, 2010 except as indicated herein. Minor modifications to the plans required to comply with project conditions or codes may be approved by the Community Development Director. a. Site plan shall be revised to show area for trash and recycling containers compliant with H.B.M.C Chapter 8.12. b. Decorative wood fencing along Aviation Boulevard frontage shall have a 2-inch gap between wood slats rather than being solid. c. Wood fencing along Aviation Boulevard frontage shall be moved back a minimum of 3-feet from property line and a landscaping strip (approx. 3-feet wide by 62-feet long) shall be provided. All landscape and irrigation on the suite shall be compliant with H.B.M.C. Chapter 8.60. d. One additional, handicapped, parking space closest to the front door for a total of nine spaces compliant with Building Codes shall be provided. Landscape shall be revised to accommodate this space. 3 e. All parking lot design elements and dimensions shall comply with the H.B.M.C. Chapter 17.44. 2. A revised landscape and irrigation plan shall be submitted and landscaping installed compliant with this approval and H.B.M.C. Chapter 8.56 prior to commencement of operations. All future water use shall additionally comply with Chapter 8.60. 3. The applicant shall revise plans in accordance with stated conditions to the satisfaction of the Community Development Director prior to building permit issuance or commencement of operations. 4. Prior to issuance of a building permit, or commencement of construction if a building permit is not required, a drainage plan shall be submitted and plan must be approved by the Public Works Department, to show required measures for spillage, urban run off prevention, and locations of catch basins. 5. The applicant shall submit a Standard Urban Stormwater Management Plan (SUSMP) pursuant to H.B.M.C Chapter 8.44 for written approval by the Director of Public Works prior to construction commencing onsite, demonstrating best management practices for stormwater pollution control, and for sediment control and erosion control during construction. All measures shall be perpetually maintained. The following shall be required and shown on plans: a. The runoff from washing and/or rinsing of outdoor storage/material preparation area, shall drain to the sewer system only; under no circumstances shall grey water from this area drain to the storm water system. b. Supplies, materials and work areas in the outdoor landscape preparation area shall be covered and secured in a watertight condition at all times in its original or like packaging. Said area shall not be used to stockpile supplies or materials, but as a work area, and surfaces shall be maintained free of soil, amendments, fertilizers, etc. Said area shall be maintained clean by sweeping. Applicant shall provide to the Community Development Department a listing of all materials to be stored in the outdoor supplies area to assure the proper handling of materials. c. The outdoor supplies storage area/material preparation area shall be graded inward and a solid confining barrier to water or runoff shall be installed so that no runoff leaves the landscape preparation area or drains to the stormwater system. d. Trench drains shall be installed at the driveway encroachment (3-feet behind property line) and at the entrance to outdoor landscape preparation area (approximately 23-feet from property line) and shall be adequately maintained to capture debris and prevent runoff. e. Future surfacing for the parking lot shall be designed to incorporate elements to maximum onsite retention, such as permeable paving and drainage to landscaping. 6. All exterior parking lot and building lighting shall be fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture). Fixtures shall not create glare or spill beyond the property lines. Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and the lamp bulb is not directly visible from within any residential unit. Yellow spectrum lamps such as sodium lamps are prohibited. All lighting 4 exceeding low energy lights not more than three (3) feet above grade shall use automated external lighting controls and shall be extinguished at minimum between 10:00 p.m. and dawn. Exceptions are allowed to comply with building, fire and other city codes. 7. The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. 8. Noise emanating from the property shall be within the limitations prescribed by H.B.M.C. Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 9. Business operating hours shall not exceed Monday to Saturday, 8:00 a.m. to 6:00 p.m. Outdoor activities shall not begin earlier than 8:00 a.m. Monday to Saturday. 10. Two customer parking spaces shall remain open and unused by business employees or company trucks during business hours. 11. The applicant shall abandon and close off the southeastern existing curb cut and install compliant sidewalk and curbing at the time the parking lot is paved. 12. The applicant shall pave the parking lot compliant with Section 17.44.120 of the H.B.M.C. including incorporation of stormwater controls prior to final occupancy. A drainage plan and commercial driveway shall be shall be approved by the Public Work Department. 13. The applicant is responsible for offsite construction within the right-of-way, if any, required by the Public Works Department. Project construction shall protect private and public property in compliance with Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence unless and until an Encroachment Permit has been approved by the Public Works Department. 14. All signs shall comply with Chapter 17.50 of the H.B.M.C. Sign permits shall be obtained from the Community Development Department. 15. The project shall comply with all other the requirements of the Zoning and Municipal Code and the Building, Fire and Public Works Departments. 16. If a review of this Precise Development Plan or 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. 17. 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. 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 5