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HomeMy WebLinkAboutPC Reso 12-19 (49 Pier, Chase ATM) Denial1 P.C. RESOLUTION NO. 12-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, BALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR AN OUTDOOR WALK-UP AUTOMATIC TELLER MACHINE (ATM) ON THE PUBLIC RIGHT-OF-WAY, AT 49 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 22, 23 AND 24, BLOCK 13, HERMOSA BEACH TRACT, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application for a Conditional Use Permit was filed by Golden Eagle NIS on behalf of Chase Bank, on property owned by Pierside Property, LLC, seeking approval to establish an outdoor walk-up ATM, inset within the façade of an existing building fronting the public right-of-way, at 49 Pier Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit 12-7 on August 21, 2012 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Based on the testimony and evidence received, the Planning Commission makes the factual findings relating to the request for an outdoor walk-up ATM: 1. The proposed project is an outdoor ATM fronting the public right-of-way, located at 49 Pier Avenue, on Pier Plaza. The ATM will be recessed within the façade at the western end of the tenant space at 49 Pier Avenue. The unit will encroach into the public right-of-way (Pier Plaza) by less than 1 foot in depth and 1 foot-10 inches in width. An awning, a minimum of 8 feet above grade, protruding less than 3 feet into the right-of-way, is proposed to be installed above the ATM. A blade sign, a minimum of 10 feet above grade, protruding less than 2 feet into the right-of-way, is proposed to be installed above the awning. A trash receptacle located on Pier Plaza, just west of the subject storefront, is proposed. 2. The proposed location is zoned C-2 Restricted Commercial, which allows banking and financial institutions by right. Outdoor uses for uses listed in the permitted use list require a Conditional Use Permit per Section 17.26.050 of the Hermosa Beach Municipal Code (H.B.M.C). Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit to establish an outdoor ATM on the public right-of-way, pursuant to H.B.M.C. Section 17.40.020, subsections E, H, G, J, and K, that the project may create safety impacts and the need for increased police services, may create an over- concentration of similar uses, and is not compatible with community character and the surrounding area: A. The proposed use dispenses financial information and money and the Police Chief advises that the use, and as designed, may become a target for malfeasance thereby decrease public safety and/or incrementally increase the need for police services. The large crowds may facilitate and mask criminal activity and make it easier for people to capture password data or 2 steal money dispensed from unsuspecting ATM customers. As an independent business, the ATM unit will not have security personnel. B. The proposed use may affect the character of the Pier Plaza as a destination welcoming to and safe for all people by increasing the potential to attract transients who may desire to shelter under the proposed awning and avoid foul weather. C. The proposed use may cumulatively affect the character of Pier Plaza with its focus on a relaxed beach culture with a mix of tourist and leisure oriented commercial uses, by creating an oversaturation of banking and financial institutions on and around Pier Plaza. The existing number of financial institutions on and around Pier Plaza, coupled with the close proximity to the proposed project and the limited scale of the commercial district, makes the project incongruent with desired land use distribution on and around Pier Plaza. The project may also tend to lead to requests for other financial institutions, whether represented in the local area or not, requesting outdoor ATM’s on Pier Plaza, thereby additionally creating an unpleasant aesthetic. Located on Pier Plaza are two existing financial institutions (Bank of America and Citibank) with four ATM units available for public use 24-hours per day with two being outdoor ATM’s facing Hermosa Avenue immediately adjacent to the Plaza. This project applicant (Chase Bank) is also renovating the Bijou Building within one block of the Plaza for occupancy, with three ATM’s including one outdoor ATM. Some businesses additionally have ATMs within the confines of their tenant space. D. The proposed use may contribute to litter and an unpleasant aesthetic, along with the potential for beach and marine debris, due to improper disposal of financial transaction slips, with or without placement of a trash receptacle on the Plaza. The placement of a trash receptacle in the public right-of-way creates clutter, while the city is maintaining and enforcing regulations prohibiting certain items with contribute to clutter. As an independent business without employees onsite, personnel will not be available onsite to monitor debris and litter. Section 5. Based on the foregoing, the Planning Commission hereby denies the request for Conditional Use Permit 12-7. Section 6. Pursuant to Section 15270 of the ‘Guidelines for Implementation of the California Environmental Quality Act (CEQA), Title 14 of the California Code of Regulations, the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. 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,Flaherty,Hoffman,Pizer,Chmn.Perrotti NOES: None ABSTAIN: None ABSENT: None