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HomeMy WebLinkAboutPC Resolution 08-36 - (205 Pier)P.C. RESOLUTION 08-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A NEW 6,400 SQUARE FOOT TWO-STORY COMMERCIAL BUILDING WITH BASEMENT PARKING CONTAINING OFFICE AND 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 CALCULATE REQUIRED PARKING BASED ON RETAIL USE FOR THE SNACK SHOP AND TO USE TANDEM PARKING FOR REQUIRED PARKING, AND TO COMPENSATE FOR LESS THAN REQUIRED PARKING BY PAYMENT OF PARKING IN -LIEU FEES; AND, ADOPTION OF 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 (which supersede P.C. Resolution 08-29): 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 calculate required parking based on retail use for the snack shop and to use tandem parking for required parking, and to compensate for less than required parking by subtracting common bathroom area from calculable floor area and adoption of a mitigated negative declaration of environmental impacts. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on May 20, 2008 (P.C. Resolution 08-29), and voted 4:1 to approve the project with payment of in -lieu parking fees for the deficiency of 8 spaces. At the July 22, 2008 City Council meeting, the project was reconsidered by the Council. The project was remanded back to the Planning Commission. The applicant was directed to reduce the number of in -lieu parking spaces needed either by providing additional on -site parking or reducing the square footage of the project. Section 3. On August 19, 2008, the Planning Commission conducted a duly noticed public hearing to consider the subject application and considered testimony and evidence both written and oral, was presented to and considered by the Planning Commission. Based on the testimony and evidence received the Planning Commission makes the following factual findings: 1 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 stairway and common lobby area, includes approximately 4,100 square feet for offices and 1,000 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 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 an aggregate total off-street parking requirement of 20 spaces. There are 18 parking spaces provided on site, 15 regular spaces and 3 compact spaces with direct access off of Manhattan Avenue. Of the 18 parking spaces, there are 3 tandem spaces located on the lower garage level and 3 compact spaces in the parking facility. 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 base parking requirements on net floor area (i.e. to subtract the area of common restrooms and common lobby area from calculable floor area). Section 4. 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: 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; K 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 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. 8. 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. 3 b. The project will not have significant environmental adverse impacts. 9. Pursuant to Section 17.44.210 of the Zoning Ordinance, the deficiency in parking is compensated through the use of tandem parking and the payment of in -lieu fees which is acceptable because the mix of proposed uses that include offices and a snack shop, is located in the pedestrian oriented downtown district and will draw a significant portion of its users from foot traffic and will have peak parking demand periods that differ from many nearby commercial uses that share the same public parking. However, the common restroom area cannot be excluded from calculable floor area in determining the number of spaces deficient, 10. Pursuant to Section 17.44.030(0) applying retail commercial parking requirement is appropriate for the snack shop as the use will comply with the definition of snack shop of no more than 25 seats, does not include waiter/waitress table service, except queuing, (intermittent delivery of purchased goods) and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non-alcoholic beverages for consumption on the premises or for take-out specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea and juices are considered snacks. The snack shop is subject to a separate approval by Planning Commission to verify consistency with the snack shop use as defined Section 17.04.050. Section 5. 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 Mitigated 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 and the Mitigation Monitoring Plan. 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 and Mitigation Monitoring Plan and prepared for the proposed project incorporating the following mitigation measure: a. A parking operation plan is required to manage the use of 3 tandem parking spaces located on the lower level garage and to maximize the efficient use of the on -site parking facility. 4 Section 6. 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 (which supersede the conditions contained in P.C. Resolution 08-29): 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 August 19, 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. 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 east of the public sidewalk to ensure motorists stop prior to the sidewalk before exiting the site b. Decorative paving surfaces for the pedestrian entry and entries into the parking areas shall be provided. c. 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. 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 is based on four (4) spaces per 1,000 square feet, including the grass aggregate floor area for the retail snack shop, office uses and common restrooms. 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 s parking improvement fund in -lieu of required parking spaces not provided, at the amount of $28,900 per required space. The applicant therefore shall pay parking in lieu fees to compensate for the deficiency of required parking spaces. The payment of parking in -lieu fees 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 with the exception of 3 tandem parking spaces that may be assigned for exclusive use by office condominium employees or tenants of the building to maximize the efficient use of the parking facility. a. A parking operation plan shall be submitted for approval by the Planning Division prior to issuance of the building permit. b. 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. 8. The allocation uses of the building shall be as shown on the plan, uses 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. Offices Approx. 4,100 SF Snack S4oR Approx. 1,000 SF Total SF Approx. 5,100 SF The office allocation does not include stair corridors or the common lobby. 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, restrooms and other common areas cannot be converted to condominium office space. 6 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 as defined in Section 17.04.050 prior to issuance of building permit for interior improvements and operation of the snack shop. 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 storm water 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. c. 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.On street parking and parking meter locations shall be reconfigured to maximize on - street parking. 15. 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. 16. 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. 17. 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. 18. The project shall comply with the requirements of the Fire and Public Works Department. 19. 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. 20. All roof equipment shall comply with Section 17.46.010 of the Zoning Ordinance. 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. 21. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 22. The Precise Development Plan and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of the Certificate of Occupancy. 23. 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. 24. 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, indemnify, or hold harmless the City. 25. The permittee shall reimburse the City for any court and attorney's fees which 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 condition. 26. 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. Section 7. 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. Section 8. 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: Pizer, Hoffman, Allen, Darcy NOES: None ABSTAIN: None ABSENT: Chairman Perrotti CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-36 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 19, 2008. Ron Pizer, Vice Chanlan en o ertson, Secretary August 19, 2008 Date F:1B951CD1PC1200818-19-081PDPR-205 Pier Remanded.doc 9