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HomeMy WebLinkAboutPC Resolution 09-11 - (300 PCH)P.C. RESOLUTION NO. 09-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MUSIC STUDIO COMPRISING 2,265 SQUARE FEET OFFERING PRIVATE AND SMALL GROUP INSTRUCTION AND A PARKING PLAN TO DETERMINE PARKING REQUIREMENT AND THAT THE SHARED OFF-STREET PARKING IS ADEQUATE AT 300 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 1,3,5,7 & 9 MISSION TRACT AND LOT 13 HURD’S OCEAN VIEW TRACT, 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 Beth Rohde seeking approval for a Conditional Use Permit for a music studio ('Coast Music Conservatory') comprising 2,265 square feet that offers private and small group instruction and a Parking Plan to determine parking requirement and that the shared off-street parking is adequate at 300 Pacific Coast Highway, Unit 6. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Conditional Use Permit 09-3 and Parking Plan 09-4 on May 19, 2009, at which time the Staff Report, testimony and evidence, was presented to and considered by the Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, both written and oral, the Planning Commission makes the following factual findings: 1. The site is zoned SPA-7 which allows the same commercial land uses as the C-3 zone, (General Commercial) zone and requires a Conditional Use Permit for a music studio. 2. Applicant requests a Conditional Use Permit for a music studio ('Coast Music Conservatory') comprising 2,265 square feet of a 6,362 square feet multi-tenant building that offers private and small group instruction, and a Parking Plan to determine parking requirement and that the shared off-street parking is adequate at 300 Pacific Coast Highway, Unit 6. 3. The subject business, Coast Music Conservatory, has been in operation at 934 Hermosa Avenue since April 2004. Although that site is smaller, the sites is proximate to residential uses and no complaints or conflicts with surrounding tenants have been reported to the City. 4. The music studio will offer lessons in enclosed practice rooms and is unamplified except for the use of electric guitars. The chamber room for group lessons/practices is located away from residential properties to the east (across subject parking lot) and south (across Third Street), and the applicant will install additional interior soundproofing to minimize noise impacts to adjacent properties and businesses and the project is conditioned to require doors remain closed and additional measures will be required if noise is found to be a problem. The appropriate parking standard is the office standard of one space per 250 square feet based on standards of other cities for music studios. Although the parking lot for the building is nonconforming to parking (supplying 22 rather than 25 spaces) based on the office and retail 1 standards for all uses in the building, parking demand for the music studio (estimated at 8 spaces and one drop off space) can be satisfied. Section 4. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to H.B.M.C. Section 17.44.080, office commercial parking requirements (one space per 250 square feet of additional floor area) are appropriately applied to the proposed business based on the small scale of the proposed use and the similar operating characteristics. For parking demand comparisons, the use can be compared to a professional office use that provides one-on-one consultation with a professional such as an accountant in private offices and a group conference room. The music studio will have 5 practice rooms for private one-on-one lessons and 1 chamber room for group lessons and chamber/band practice accommodating a maximum of 8 students, similar to an office conference room. Two differences between an office use and the music studio that decrease the parking demand is that most of employees only park at the studio when a lesson is scheduled and do not require parking for a full business day, and about half of the students are dropped off by parents as most are elementary school aged. 2. Pursuant to H.B.M.C. Section 17.44.210, parking onsite will be adequate for the proposed business because private lessons are by appointment only, the business offers small group instructions for no more than 8 clients at a time, about half the students are too young to drive and will be dropped off by parents, the use will share parking with five other tenants, and the project is conditioned to require class scheduling to be managed to ensure a parking problem does not occur; in addition, five on-street spaces restricted to one hour parking are located adjacent to the site. 3. Pursuant to H.B.M.C. Section 17.40.020, the project will not impact residential or sensitive use, will not cause significant noise impacts, services are available, parking will be adequate and the use will generally be compatible with commercial uses and the surrounding as follows: A. Distance from existing residential uses: The closest residential uses are to the east of the shared parking lot and across Third Street. There is also a non-conforming residential unit (818 4th Street) to the north abutting the shared parking lot. The custom floor plan layout enables the music studio to place the chamber room for group lessons facing Pacific Coast Highway, away from residential uses on Third Street. Given the limited nature of the business, floor plan layout, and Conditions of Approval to provide additional soundproofing and compliance with operating hours, Staff believes impacts on nearby residential properties will be less than significant. B. Amount of existing or proposed off-street parking facilities, and distance from the proposed use: The private shared parking lot has a total of 22 parking spaces and is nonconforming to parking for retail or office use in the building. For the existing building size, the required parking for retail or office use is 25 spaces. Should the Planning Commission find the proposed use is similar to office or retail use in term of parking demand, the required parking for the music studio would be 9 spaces. The parking lot is shared amongst all 6 tenants and the music studio is directly accessible from the rear parking lot. 2 C. Location of and distance to churches, schools, hospitals and public playgrounds: There are no churches, schools, hospitals and public playgrounds located within 500-foot radius of the subject location. The proposed use is not considered a sensitive use. D. The combination of uses proposed: The proposed use, a music studio, will be the first tenant to occupy the building since its renovation and the remainder of the spaces will likely be retail or office due to location and size; uses with increased parking demand would be subject to a Parking Plan. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: The applicant will install additional interior soundproofing to minimize noise impacts to adjacent properties and businesses. Building Division staff stated that standard commercial site would typically have 45 STC (sound transmission class) rating. The business operator plans to achieve a STC rating of 58-63 by installing additional drywall and insulation and an additional layer of glass sound proofing along the wall fronting Pacific Coast Highway to further reduce noise emitted from the chamber room. The custom floor plan layout enables the music studio to place the chamber room for group lessons facing Pacific Coast Highway, away from residential uses on Third Street. Given the conditioning of operating hours, the floor plan layout and soundproofing, noise impacts from the subject business will be less than significant. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: Access to Coast Music Conservatory is via a driveway on the north side of 3rd Street, which is accessed by Pacific Coast Highway. Third Street terminates at a one-way street that continues east bound, beyond the subject site (attachment 6, driveway photo) making it more likely that people using the parking lot will not continue eastward to residential streets. Site occupancy is relatively low; Staff believes occupancy would typically be between 4 and 13 persons, between 10:00 a.m. and late afternoon or early evening. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The proposed exterior signage for the music studio has yet to be determined. The subject building is to submit a signage program to ensure consistency for the entire building. H. The number of similar establishments or uses within close proximity to the proposed establishment: Two other businesses offer musical instructions in the City, located at least 1,000 feet away from the proposed site location. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The music studio will offer private lessons in individual enclosed practice rooms. The chamber room to be used for group lessons/practices is located farthest from residential properties to the east (across subject parking lot) and south (across Third Street). The applicant will install additional interior soundproofing to minimize noise impacts to adjacent properties and businesses. Building Division staff state that standard commercial construction achieves a 45 STC (sound transmission class) rating. Amplified music is limited to electric guitars. The business operator plans to achieve a STC rating of 58-63. The applicant will be required to close all exterior doors and windows while amplified music is being played at the establishment. 3 Operating hours are recommended to be limited to Monday to Sunday, from 9:00 a.m. to 9:00 p.m. consistent with other commercial businesses along Pacific Coast Highway and the Noise Control Ordinance, the larger practice room is farthest for residential uses, and additional insulation will be installed, noise impacts from the subject business will be less than significant. A condition of approval is included stating if noise issues arise in the future, the conditional use permit may be referred to the Planning Commission for subsequent review. A letter from a nearby resident encourages the Commission to require soundproofing. J. Impact of the proposed use to the city's infrastructure, and/or services: The proposed business has limited utility demands and will be located in an existing building with available utilities and services. K. Will the establishment contribute to a concentration of similar outlets in the area: The proposed music studio is one of three known businesses that offer musical lessons in the City and is the only one located on Pacific Coast Highway. The other two musical studios are located on Pier Avenue (Emily’s Piano Studio) and on Massey Avenue (piano lessons at Our Lady of Guadalupe Church). L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other considerations have been identified. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301, Class 1 New Construction or Conversion of Small Structures as the infill project is located in an urbanized area, does not require exterior alterations, and all necessary public services, access and facilities are available. Section 5. Based on the foregoing, the Planning Commission hereby finds the appropriate parking standard for this music studio is the office parking standard of one space per 250 square feet of gross floor area, and approves Conditional Use Permit 09-3 and Parking Plan 09- 4 subject to the following Conditions of Approval: 1. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. The floor plan shall be substantially consistent with the submitted site plan and floor plan approved by the Planning Commission on May 19, 2009. Minor modifications to the plans required compliance with project conditions or codes may be approved by the Community Development Director provided that use is not changed, intensity of use is not increased and the arrangement of space would not increase noise impacts. 2. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., Monday through Saturday. Make-up lessons may be provided on Sundays between the hours of 10:00 a.m. and 4:00 p.m. 3. The applicant shall install soundproofing to achieve a STC (sound transmission class) rating of at least 58. All openings, doors and windows shall remain closed at all times to minimize noise impacts on occupants of surrounding properties; management shall be responsible for maintaining music volumes at levels not plainly audible to nearby residential dwellings. 4 4. The Director of Community Development may require the applicant to install additional acoustic features to maximize sound proofing and ensure windows and doors can remain closed and/or undertake noise monitoring. No sound amplification other than that required to produce sound from for electric guitars shall be used at any time, and in this case amplification shall be set to a low level. 5. All parking shall be shared among the uses within the building and no space shall be reserved for any person, space or use. Drop off and pickup shall be managed and students shall be informed so that it does not interfere with vehicular circulation within or near the parking lot and so that the safety of children waiting for pick-up is protected. Should problems result, the Community Development Director may require a parking management plan detailing scheduling, management of drop off/pick-up, employee parking, and similar matters affecting traffic and circulation. Should the problem not be resolved then the matter shall be scheduled for review by the Planning Commission, which may impose additional conditions to ensure parking and circulation are adequate. 6. The project shall comply with the requirements of the Noise Control Ordinance in Chapter 8.24. 7. All signs shall comply with Chapter 17.50 of the H.B.M.C. 8. The operation of the business shall comply with all applicable requirements of the Municipal Code. 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 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. 9. The Conditional Use Permit and Parking Plan shall not be effective until Conditions of Approval have been complied with. The Conditional Use Permit and Parking Plan shall be null and void one (1) year from the date of approval unless a Certificate of Occupancy has been obtained. The applicant may apply in writing for an extension of time to the Planning Commission prior to the date of expiration. 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 Conditional Use Permit and Parking Plan. This document shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of operation or issuance of Building Permit Certificate of Occupancy. 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 5