HomeMy WebLinkAboutPC Resolution 08-29 - (205pier)1
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P.C. RESOLUTION 08-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO
CONSTRUCT A NEW 6,700 SQUARE FOOT TWO-STORY COMMERCIAL
BUILDING WITH BASEMENT PARKING CONTAINING OFFICE, SNACK SHOP
USES; A CONDITIONAL USE PERMIT FOR A COMMERCIAL CONDOMINIUM
AND VESTING TENTATIVE TRACT MAP NO. 70364 TO DIVIDE THE BUILDING
INTO 7 CONDOMINIUM UNITS; A CONDITIONAL USE PERMIT FOR OUTDOOR
SEATING FOR THE SNACK SHOP; A PARKING PLAN TO PAY PARKING IN -LIEU
FEES TO COMPENSATE FOR PROVIDING LESS THAN REQUIRED PARKING ON
SITE AND, TO CALCULATE REQUIRED PARKING BASED ON RETAIL USE FOR
THE SNACK SHOP AND NET FLOOR AREA; AND, A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACTS, LOCATED ON PROPERTY AT
205 PIER AVENUE AND LEGALLY DESCRIBED AS LOT 1, BLOCK 49, FIRST
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 Raju Chhabria, owner of property at 205 Pier
Avenue seeking approval of a Precise Development Plan, Conditional Use Permit and Vesting
Tentative Tract Map No. 70364 to construct a commercial condominium building containing 7-
units for general office use and outdoor seating for a snack shop and a Parking Plan to pay parking
in -lieu fees to compensate for less than required parking on site and, to calculate parking based on
retail use for the snack shop and net floor area.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on May 20, 2008, and considered testimony and evidence both written and
oral. Based on the testimony and evidence received the Planning Commission makes the
following factual findings:
1. The subject site is located on the northeast corner of Pier Avenue and Manhattan
Avenue. The property is currently used for a drive-thru dairy (Alta Dena Dairy) with surface
parking for 2 cars.
2. The project involves the demolition of all existing improvements and the
construction of a two story building with subterranean parking, containing snack shop use on the
basement level of the building and offices on the first and second floor, and includes basement
parking. The total allocation of uses for the project, excluding common areas and the common
lobby area, include approximately 3,688 square feet for offices and 1,101 square feet for the
snack shop and outdoor seating area.
3. The building contains up to 7 separate commercial units intended to be sold
separately as condominium units. Commercial condominiums require a Conditional Use Permit
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pursuant to Section 17.22.100 of the Zoning Ordinance and approval of a Vesting Tentative Tract
Map.
4. Since the project is located in the downtown district, the retail and office uses are
subject to the parking requirements of Section 17.44.040 which require 4 parking spaces per
1,000 square feet of floor area, and the snack shop use may also be considered a retail use for the
calculation of parking requirements. This results in a aggregate total off-street parking
requirement of 19 spaces. There are 11 spaces provided on site, 7 regular spaces and 4 compact
spaces with direct access off of Manhattan Avenue.
5. The parking calculation is based on gross aggregate floor area for the retail snack shop
and office uses. Pursuant to Section 17.44.010, the office floor area does not include open courts,
corridors, and open stairways.
6. The applicant is requesting to pay parking in -lieu fee pursuant to Section 17.44.210 for
the deficiency to on -site parking requirements and to base parking requirements on net floor area
(i.e. to exclude the area of common restrooms and common lobby area from the gross floor area).
Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the applications for a Precise Development Plan, Conditional Use
Permit for commercial condominium development and outdoor seating for a snack shop, Vesting
Tentative Tract Map, and Parking Plan to pay parking in -lieu fees to compensate for less than
required parking on site:
1. The project is consistent with applicable general and specific plans and is in compliance
with the use and development requirements of the Zoning Ordinance;
2. The site is zoned C-2 and is physically suitable for the type and density of proposed
development and the project and the proposed use complies with the development standards
contained therein;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by the
public at large, for access through or use of property within the proposed subdivision;
5. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan, and is compatible with the immediate environment;
6. The project, as conditioned, will conform to all zoning and condominium laws and
criteria and will be compatible with neighboring residential properties;
7. The applicant will compensate for the parking deficiency of 8 spaces, by paying a
parking in -lieu fee, pursuant to Section 17.44.040.
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8. The general criteria of Hermosa Beach Municipal Code Section 17.58.030 for granting
or conditionally granting a Precise Development Plan have been considered. In making this
finding, the Planning Commission has determined that:
a. The proximity of the project to existing commercial and residential uses in the
downtown area will not result in negative effects with incorporation of the conditions
below.
b. The project is designed to minimize impact on ocean views from residential areas, as
the building will be constructed in compliance with the 30-foot height limit of the
C-2 zone.
C. The uses proposed are compatible with each other and with existing development in
the vicinity.
d. The proposed exterior and decor of the structure are sufficiently compatible with
existing establishments in the area and are consistent with the goals of the Upper Pier
Avenue Committee to improve the streetscape for the Upper Pier Avenue.
e. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
f. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
10. The criteria of Hermosa Beach Municipal Code Section 17.58.030(C) for denial of a
Precise Development Plan are not applicable. In making this finding, the Planning Commission
has determined that:
a. The project will not substantially depreciate property values in the vicinity, or
interfere with the use or enjoyment of property in such area, because of excessive
dissimilarity or inappropriateness of design in relation to the surrounding vicinity.
b. The project will not have significant environmental adverse impacts.
11. The requirements of Hermosa Beach Municipal Code Section 17.44.040 for granting
a Parking Plan for the payment of in -lieu fees for a portion of the required parking, and the policies
contained in the Local Coastal Plan, have been considered and are satisfied by the proposal. In
making this finding, the Planning Commission has determined that:
a. 58% of the required parking is provided on site, the applicant requested to pay in -lieu
fee for the deficiency of 8 spaces (42%) which is consistent with Section
17.44.040(E) to exceed the minimum 25% required for buildings with a greater than
1:1 floor area ratio.
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12. The City Council, at its meeting of May 20, 2008, set the parking in -lieu fee of
$28,900 per required parking space, payable in lump sum prior to issuance of Certificate of
Occupancy.
Section 4. Environmental Review.
1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines, the Staff Environmental Review Committee prepared an Initial Study of the
potential environmental effects of the proposed project. Based upon the Initial Study, the
Committee determined that there was no substantial evidence, in light of the whole record before
the City, that the project would have a significant effect on the environment as long as certain
mitigation measures are incorporated into the project to address parking issues. City staff
thereafter prepared a Mitigated Negative Declaration for the project and duly provided public
notice of the public comment period and of the intent to adopt the Negative Declaration. A copy
of the Initial Study and Mitigated Negative Declaration are attached hereto and incorporated herein
by reference.
2. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration. Based on the whole record, the
Planning Commission finds that: (i) the Mitigated Negative Declaration was prepared in
compliance with CEQA; and (ii) there is no substantial evidence that the proposed project will
have a significant effect on the environment with the mitigation measures incorporated. Based on
these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration
prepared for the proposed project incorporating the following mitigation measure:
a. Parking in -lieu fees shall be paid to compensate for the parking deficiency at
$28,900 per required parking space.
b. Parking shall be proved for customers and employees free of charge and on a first
come first serve basis (i.e. no assigned parking) to maximize the efficient use of the
on -site parking facilities.
Section S. Based on the foregoing, the Planning Commission hereby approves the subject
Precise Development Plan, Conditional Use Permits, Vesting Tentative Tract Map No. 70364 and
Parking Plan subject to the following Conditions of Approval:
1. The development and continued use of the property shall be substantially consistent
with submitted plans as reviewed by the Planning Commission at their meeting of May
20, 2008, incorporating all revisions as required by the conditions below. Any major
modification, including changes in the allocation of uses within the buildings, shall be
subject to review and approval of the Planning Commission. Minor modifications may
be approved by the Community Development Director but shall not be final until
confirmed by the Planning Commission as a consent calendar item on the Commission
agenda.
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2. Final plans for building permit issuance shall be revised to incorporate the following.
a. Install appropriate -pavement marking (i.e. stop bar with STOP legend) on the
project drive aisle just cast of the public sidewalk to ensure motorists stop prior to
the sidewalk before exiting the site
b. Provision of street trees and tree grates as approved by the Public Works
Department in coordination with street improvement plans from the Upper Pier
Avenue Committee, or alternatively the owner shall deposit the necessary funds
for the improvements to be constructed at a later date.
c. Decorative paving surfaces for the pedestrian entry, and entries into the parking
areas shall be provided.
d. On -street parking and parking meter locations shall be reconfigured to maximize
on -street parking.
3. A revised detailed landscape plan for on -site, and off -site landscaping, consistent with
the,conceptual plan shall be submitted for review and approval by the Community
Development Director prior to issuance of building permits incorporating the revisions
below:
a. Decorative surfaces shall be provided at driveway entry areas and at the
pedestrian entry areas consistent with the submitted plan.
b. Street trees shall be provided as per the conceptual landscape plan with final
tree location, type, and tree grates to be reviewed and approved by the Public
Works Director.
4. The proposed project parking requirement is based on four (4) spaces per 1,000 square
feet. In order to compensate for required parking that is not provided on site, Section
17.44.040(E) allows the applicant to contribute fees to the City's parking improvement
fund in lieu of required parking spaces not provided, at the amount of $28,900 per
required space as set forth by resolution of the City Council. The payment of fees in -
lieu of parking shall be made prior to issuance of a Certificate of Occupancy for the
building.
5. All parking shall be available for free to customers and employees and no parking
spaces shall be assigned for exclusive use by any owner, occupant, or tenant.
a. The handicap accessible space shall be appropriately signed.
6. Architectural treatment of the building and all finishes shall be as shown on building
elevations and site and floor plans. Any modification shall require approval by the
Community Development Director.
7. A detailed comprehensive sign plan shall be submitted for review and approval by the
Community Development Director incorporating specifications for all individual tenant
or owner signs that shall be consistent with that plan.
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8. The allocation uses of the building shall be as shown on the plan, shall be limited to
general office, retail snack shop uses allowed in the C-2 zone, with the following
approximate allocation of uses, and shall not include any other uses subject to greater
parking requirements.
Office
3,688 SF
Snack Shop
1,101 SF
Total SF
4,789
The office allocation does not include stair corridors, common lobby, common
restrooms, and the snack shop allocation does not include the ground level restroom.
The snack shop allocation includes outdoor seating area. General office use does not
include medical clinics, or retail businesses or services. Any material change in the
allocation of uses shall be reviewed and approved by the Planning Commission.
9. A covenant shall be incorporated into the Covenants, Codes and Restrictions for the
condominiums and recorded with the property, and with State Department of Real
Estate if necessary, stipulating that storage, lockers, lobby and other common areas
cannot be converted to condominium office space.
10.Outdoor seating and use of the outdoor courtyard for the retail snack shop shall be
limited to between 7:00 A.M. and 10:00 P.M. daily and no entertainment, speakers, or
televisions are allowed in the outdoor seating and courtyard areas.
11. The reduced parking requirement as applied to the snack shop is subject to approval by
the Planning Commission, pursuant to Section 17.44.030(0) of the Zoning Ordinance, a
separate Parking Plan application must be submitted to the Community Development
Department for Planning Commission to verify consistency with the,snack shop use prior
to issuance of building permit for interior improvements.
12. A detailed drainage and (SUSMP) Standard Urban Stormwater Mitigation Plan is
required for approval by the Public Works Department, prior to the issuance of
building permits and implemented on site, demonstrating best management practices
for stormwater pollution control, and for sediment control and erosion control during
construction.
13. The project shall meet all requirements of the Condominium Ordinance.
a. Covenants, Conditions, and Restrictions in compliance with the Condominium
Ordinance Section 17.22.120 shall be submitted to the. Community Development
Department for review and approval prior to the issuance of building permits.
b. The Covenants, Conditions and Restrictions shall include all conditions of
approval as contained herein, and shall also strictly prohibit any residential use
and any use of the condominium units for overnight sleeping purposes.
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b. Proof of recordation of approved CC & R's shall be submitted to the Community
Development Director thirty (30) days after recordation of the Final Map.
14. The applicant is responsible for all off -site right-of-way construction required by
the Public Works Department, or alternatively, may deposit funds in amount to
cover the cost for future right-of-way construction for the Pier Avenue frontage.
15. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill.
16. The applicant shall work with staff to integrate reasonable sustainable development
standards in the project. The applicant shall incorporate at least one (1) sustainable
development technology from each of the three (3) categories in the City's Green
Building Design Checklist prior to the issuance of the Certificate of Occupancy.
17. The project shall comply with the requirements of the Fire Department.
18. Final building plans/construction drawings including site, elevation, floor, roof plan,
sections, details, signage, landscaping and irrigation, 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.
19. All roof equipment shall be located and designed to be screened from public view and
any portion that exceeds the height limit shall not cover more than 5% of the roof area.
20. The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
21. The Precise Development Plan and Parking Plan shall be recorded, and proof of
recordation shall be submitted to the Community Development Department.
22. Each of the above Conditions of Approval 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.
23. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers,
or employee to attack, set aside, void or annul this permit approval, which action is
brought within the applicable time period of the State Government Code. The City
shall promptly notify the permittee of any claim, action, or proceeding and the City
shall cooperate fully in the defense. If the City fails to promptly notify the permittee of
any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the
permittee shall not thereafter be responsible to defend � p p indemnify,
fy, or hold harmless the
City.
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24. The permittee shall reimburse the City for any court and attorney's fees which the City
3 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
6 condition.
7 25. 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
9 permittee to cease any development or activity not in full compliance shall be a violation
of these conditions.
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11 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.
12 Development Department their affidavits stating that they are aware of, and agree to accept, all of
the conditions of this grant.
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14 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
is within 90 days after the final decision by the City Council.
16 VOTE: AYES: Hoffman, Kersenboom, Perrotti, Pizer
17 NOES: Allen
ABSTAIN: None
18 ABSENT: None
19 CERTIFICATION
20 I hereby certify the foregoing Resolution P.C. No: 08-29 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
21 regular meeting of May 20, 2008.
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23 Sam Perrotti, Chairman en Ro ertson, Secretary
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June 17, 2008
25 Date
26 F:1B951CD1PC1200816-17-081PDPR-205 Pier Av.doc
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