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HomeMy WebLinkAboutPC Resolution 09-23 - (824 1st St)P.C. RESOLUTION 09-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO EXCLUDE INTERIOR CORRIDORS AND LOBBY FROM CALCULABLE GROSS FLOOR AREA FOR THE DETERMINATION OF PARKING REQUIREMENTS IN CONNECTION WITH REMODEL OF EXISTING OFFICE BUILDING FOR MULTIPLE TENANTS THEREFORE RESULTING IN REDUCED PARKING FROM 16 TO 13 SPACES AT 8241st STREET, LEGALLY DESCRIBED AS NW 139.44 FEET OF LOT 6, TRAFTON HEIGHTS, 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 Steve Kuchinski on behalf or Tomblin & Associates seeking approval of a Parking Plan to exclude interior corridors and lobby from calculable gross floor area for the determination of parking requirements in connection with remodel of an existing office building for multiple tenants, thereby reducing the required number of off-street parking spaces from sixteen (16) to thirteen (13). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Parking Plan 09-8 on August 18, 2009, at which time testimony and evidence, both oral and written, was presented to a 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 Specific Plan Area No. 7 and is designated Commercial Corridor in the General Plan, which allows general commercial, office and similar uses. 2. The applicant has submitted site and floor plans dated April 2009, filed July 13, 2009, showing the areas proposed to be excluded from calculation of parking requirements, including lobby, enclosed stairwell and corridors, and the proposed parking lot layout with 13 parking spaces including 3 compact spaces and one handicapped space. 3. The building is proposed to be remodeled by increasing gross floor area on the second story from 3,000 square feet to 4,524 square feet within the same building footprint, by enclosing 650 square feet of lobby, corridor and stairwell areas and reconfiguring interior walls into three tenant spaces; this is in addition to the enclosure of 873 square feet of open balcony for which a building permit was issued in 2005 wherein demolition for construction has been completed. 4. Parking is proposed to be increased from 10 nonconforming spaces calculated at one space per 300 square feet, to 13 spaces rather than 16 spaces by virtue of excluding 650 square feet of corridor, stairwell and lobby area. Based on the foregoing, pursuant to H.B.M.C. Section 17.44.210 the Planning Commission makes the following findings in support of calculating parking based on net square feet thereby resulting in a reduction in parking from 16 to 13 required spaces: The definition of 'gross floor area' includes the total area occupied by a building or structure, excepting therefrom only the area of any inner open courts, corridors, open balconies (except when utilized, e.g. restaurant seating or similar usage), and open stairways. Therefore corridors, regardless of whether they are enclosed or unenclosed, are arguably excluded. 2. Enclosed corridors, as well as the enclosed stairwells and lobby, will continue to serve as common space in the form of access ways largely exterior to the tenant suites. 3. The common areas proposed to be excluded will not function as office or other usable occupied space that would contribute to parking demand. In this sense they are similar to an 'open balcony' which can be excluded from the definition of gross floor area "unless used for restaurant seating or similar usage," per the definition of 'gross floor area.' 4. The proposed plans designate a bike storage (parking) area which will facilitate alternative modes of travel to the site, thereby potentially decreasing vehicle parking demand. 5. Approval is consistent with two relatively recent decisions of the Planning Commission. For Parking Plan 09-1, 1072-1080 Aviation Boulevard (dental surgical center), storage area was not excluded from the calculation of gross floor area because the size, shape and character of the storage area was not similar to other non -utilized areas that can be excluded from the calculation of 'gross floor area' per its definition, and its configuration would easily allow conversion to useable office space. In comparison, the area to be excluded at 824 1 st Street is configured so that it cannot be easily converted to occupied space. For Parking Plan 07-2, 2101 Pacific Coast Highway (new 10,000 square foot office building) parking was calculated based on net area, excluding all corridors, common lobbies, bathrooms and conference areas, on the basis that these areas do not contribute to increased parking demand, and conditioned upon a recorded covenant maintaining these spaces for common usage only. The area to be excluded at 824 1st Street is also common area, but is configured so that it cannot easily be converted to office space which can be occupied thereby increasing parking demand, and so a recorded covenant is not required. 6. The project will be provided adequate parking pursuant to Section 17.44.210.A because the enclosed corridors, lobby and stairwell may be excluded from parking calculation because these areas are of common usage and are not usable office space, and their configuration will not easily allow conversion to office or other useable space, and therefore these areas do not have the potential to increase parking demand. 7. While each use should supply its own off-street parking, parking on 1st Street appears adequate to absorb some off-street parking, even when taking into account that six parked cars (auto dealership inventory and employee parking) on the sidewalk in front of and the west of the subject building, compared to eleven unoccupied on -street parking spaces in the subject block between Pacific Coast Highway and Meyer Court mid -afternoon during the workday. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303, Class 3(c) New Construction or Conversion of Small Structures as the infill project consists of calculation of parking for the expansion of the second floor of a 3,000 square foot building to 4,524 square feet of office space and reconfiguration of the ground devoted to parking within the existing building footprint, within an urban area with availability of public and urban services and access. 19 Section 5. Based on the foregoing, the Planning Commission hereby approves Parking Plan 09-8, subject to the following Conditions of Approval: 1. The improvement and use of the building and site shall be substantially consistent with the plans approved by the Planning Commission on August 18, 2009 (dated April 2009, stamped received July 13, 2009). Minor modifications to the plans required to comply with project conditions below or codes may be approved by the Community Development Director. 2. The applicant shall install secure bicycle parking facilities that can accommodate a minimum of five bicycles in the location designated on the site plan in a manner and location that does not interfere with walkways, parking or other dedicated use to the satisfaction of the Community Development Director prior to issuance of the Certificate of Occupancy. 3. The project including parking lot and space dimensions, other than reduction in number of spaces from 16 to 13 spaces, shall comply with all requirements of the Zoning Code, and the Building, Fire and Public Works Departments. 4. Operation of the use and site shall be managed so that parking demand does not exceed the onsite parking supply. Uses other than office uses consistent with the zoning district may be allowed provided that any inadequacy of onsite parking or material change in the type, intensity of uses, or internal configuration of space, shall be reviewed by the Planning Commission which may impose conditions to address the parking inadequacy. 5. All parking shall be shared among the uses within the building and no space shall be reserved for any person, office space or use. 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 neighborhood arising from use of the premises as reltes to any parking inadequacy. 7. Building plans/drawings submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. 8. Prior to the submittal of structural plans to the Building Division for Plan Check an Acceptance of Conditions affidavit 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. The Precise Development Plan and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 9. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 10. The Parking Plan shall not be effective until all procedures prescribed under Chapter 17.68 of the H.B.M.C. and all Conditions of Approval have been complied with. The Parking Plan shall expire and be null and void one (1) year from the date of approval unless significant construction or improvements have commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Planning Director including the reason therefore, at least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. 11. Prior to the issuance of building permits, property owner shall execute a deed restriction approved as to content and form by the Community Development Director and City Attorney, to restrict the future use of the enclosed corridors, lobby and stairwell, excluded from parking calculation, to common usage rather than usable space occupied for offices, reception or other purposes, and such deed restriction shall be recorded with the Office of the Los Angeles County Recorder. 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 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.Allen,Darcy,Hoffman NOES: Comm.Perrotti,Chmn.Pizer ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 09-23 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of August 18, 2009. Ron Pizer, Chairman en ertson, Secretary Aujzust 18, 2009 Date rd