Loading...
HomeMy WebLinkAboutPC Resolution 08-45 - (134-142 PCH)RESOLUTION NO.08-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AMENDMENT TO ALLOW A 240 SQUARE FOOT STORAGE BUILDING FOR 'O'KELL'S FIREPLACE' WITHOUT THE PROVISION OF ADDITIONAL PARKING WITHIN SHARED PARKING AREA, AT 134 AND 142 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 43, 44, 45, AND 46, HOME BUILDERS' PLACE 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 F. Richard DiGiorgio for Parking Plan Amendment 08-4 to allow the addition of a 240 square foot storage building for O'Kell's Fireplace without the provision of additional parking within shared parking area. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Parking Plan Amendment on October 21, 2008. Section 3. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15303, since the proposal involves the addition of two storage buildings totaling of 240 square feet located on an existing parking lot in conjunction with an existing building located in an urbanized area. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: 1. O'Kell's Fireplace (134 Pacific Coast Highway) shares a 16 stall parking lot with Saint Rocke (142 Pacific Coast Highway). 2. Both O'Kell's Fireplace and Saint Rocke are non -conforming to the parking requirements for retail sales (1 parking space for every 250 square feet of gross floor area) and bar/lounges (1 parking space for every 80 square feet of gross floor area). 3. The level of non -conformity to parking requirement was reduced in 2007 when the parking area was expanded from 8 stalls to 16 stalls by converting 830 2"d Street into part of the parking lot. The expansion was approved by the Commission on August 21, 2007 by the adoption of P.C. Resolution 07-40. 4. P.C. Resolution 07-40, Conditions of Approval, Item 6, requires removal of a storage building along the southerly property line. The applicant did not remove the storage building and is in violation of the Condition. 5. The applicant is requesting to retain the existing 120 square feet storage building made of pre - manufactured roofed framing and plywood sheathing structure with metal shelves, and to add a new storage building of same size and materials in the parking area along the southerly property line. The site will contain two storage buildings with 120 square feet each. 6. An 1-hour fire separation wall must be provided between the storage buildings and the Verizon Wireless facility. Section 4. Based on the foregoing factual findings and pursuant to H.B.M.C. Section 17.44.210, the Planning Commission hereby finds that allowing the expanded storage area without additional parking is appropriate and substantiated by the following facts: The storage buildings do not increase intensity of use and use is unique because the specialized products and services of this business require large amounts of storage in relation to occupancy. 2. The storage buildings do not impact parking stall or drive aisle radius dimensions or materially affect parking. 3. As conditioned, parking stalls in front of the storage buildings will be available to customers during the hours each business is open and the parking stalls will not be occupied by merchandise or otherwise unavailable, in order to facilitate parking and use of the adjacent spaces. Section 5. Based on the foregoing, the Planning Commission hereby approves the Parking Plan Amendment to allow additional storage without required parking subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at their meeting of October 21, 2008. Modifications which do not reduce the number of parking stalls shall be reviewed and may be approved by the Community Development Director. This permit as amended shall not be in effect until all of the Conditions have been fully implemented and approved by the Community Development Director. 2. Parking stalls fronting the storage buildings must be available for use by customer and employee parking at all times Okeli's Fireplace and Saint Rocke are open. 3. Forklift and other moving equipments may park in the stalls fronting the storage buildings on temporary basis only for ease of maneuvering or retrieving merchandise to/from the storage buildings. 4. No merchandise shall occupy parking stalls. 5. All merchandise shall be maintained or stored inside a screened structure (i.e. storage building or inside business). 6. The applicant shall provide directional signage clearly indicating that the parking lot is for both O'Kell's Fireplace and Saint Rocke's customers. Spaces shall not be reserved for the exclusive use of either business. 7. A parking management plan shall be submitted for review and approved by the Community Development Director to ensure the parking efficiency of the parking lot and the addition of storage buildings do alleviate merchandise storage issues related to the business. 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 Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions 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. 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 no thereafter be responsible to defend, indemnify, or hold harmless the City. 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. 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. The Planning Commission may review this Parking Plan Amendment and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 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: Hoffman, Pizer, Darcy, Allen and Chairman Perrotti NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 08-45 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 October 21, 2008. Sam Perrotti, Chairman --' en Robeftson, Secretary October 21 2008 Date