Loading...
HomeMy WebLinkAboutPC Resolution 98-38 - (200 Pier Ave)P.C. RESOLUTION 98-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW THE SHARED USE OF EXISTING REQUIRED PARKING FOR BUSINESSES AT 200 PIER AVENUE WITH OFF- SITE BUSINESSES AT NIGHTTIME, AT 200 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 15, 16, 17, 18, AND THE NORTHERLY 10 FEET OF LOT 14, BLOCK 48, FIRST ADDITION TO HERMOSA BEACH Section 1. An application was filed by Warren Miller, the property owner, seeking approval to share existing required parking at 200 Pier Avenue pursuant to 17.44.060 Common Parking Facilities which allows parking to be shared for two or more uses. The applicant is proposing to make 21 ofthe existing 44 parking spaces available to off-site business during off- peak parking demand hours of the on-site business: between 6:00 P.M. and 2:00 A.M. daily. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Parking Plan on March 17, and July 21, 1998, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The existing 44 off-street parking spaces are required for the tenants of the subject office/commercial building providing a ratio of 1 space per 280 square feet. 2. The building is occupied by office, commercial service and retail uses whose peak operation times are typically on weekdays between 8:00 AM. and 6:00 P.M. 3. The applicant proposes to set aside less than 50% of the required parking, as allowed pursuant to Section 17.44.060(A) for off-site businesses during the off-peak hours. The parking is not being proposed to satisfy required parking for any particular business. The applicant instead desires to lease it on a monthly basis to any business or businesses that may desire additional parking for customers over and above their current required parking. Any future use of the parking as required parking for a new restaurant or restaurant expansion would require approval of another Parking Plan specific to that restaurant. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for the Parking Plan: 1. The proposed shared parking will serve to address a shortage of available parking when its most needed in the downtown area in an accessible location within short walking distance ofthe highest concentration ofrestaurants. 2. The existing commercial tenant uses ofthe building allows for the shared parking, and the anticipated use of the building, because of its design an orientation for offices and 1- commercial service uses should allow for shared parking into the future. Based on the list provided by the applicant, and staff's observation of the current use ofthe parking lot, the spaces that will be retained for tenant's use after hours should be more than adequate The imposition of conditions as required by this resolution to make more available if and when its needed by the tenants will mitigate any negative impacts on the tenants or nearby residential or commercial properties; 3. This project is Categorically Exempt pursuant to Section 15303 of the California Environmental Quality Act. Section 5. Based on the foregoing, the Planning Commission hereby approves the Parking Plan, subject to the following Conditions of Approval: 1. A minimum of 23 parking spaces shall always remain available for on-site tenants. The balance of the parking area (a maximum of 21 spaces as currently striped, with a potentially greater number if tandem parked) may be made available for one off-site lessee after 6:00 P.M., daily. 2. The off-site lessee shall provide valet service for use of available shared parking spaces. 2. Signs shall be provided within the parking area to clearly indicate the rules specifying authorized users and time limitations, clearly designating on-site tenant spaces and available parking spaces for the off-site lessee. Section 6. This grant shall not be effective for any purposes until the owners of the property involved have filed a 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 Community Development Department. 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 Government Code Section 65907. 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. 2- 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 PI nning Commission may review this Parking Plan 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. VOTE: AYES: Comms. Perrotti, Schwartz, Chairman Tucker NOES: None ABSENT: Comm. Merl and Pizer ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 98-38 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular mee ' i of Jul 21i 98 Peter Tucker Chairman Date4'-' — 9 rs200 3- Sol Blum nfe d, Secretary