HomeMy WebLinkAboutPC Resolution 05-421
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P.C. RESOLUTION 05-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN FOR A MIXED USE COMMERCIAL BUILDING
CONTAINING 29 HOTEL ROOMS, AND APPROXIMATELY 7,600 SQUARE
FEET OF RETAIL AND OFFICE USES AND A PARKING PLAN TO ALLOW
PAYMENT OF IN -LIEU . FEES TO COMPENSATE FOR PROVIDING 25%
LESS THAN REQUIRED PARKING ON SITE AT 48-76 14TH STREET
LEGALLY DESCRIBED AS LOTS 11-15, BLOCK 114, HERMOSA BEACH
TRACT
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Norma Navarro owner of property at 48-76 14tn
Street seeking approval of a Precise Development Plan for a mixed use commercial building and
a Parking Plan to pay in -lieu fees to compensate for providing 25% less than required parking on
site.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on July 19, 2005, and considered testimony and evidence.
Based on the testimony and evidence received the Planning Commission makes the following
factual findings:
1. The applicant is proposing to construct a commercial building containing a mix of
commercial uses, including a 29-room hotel, office and retail uses which requires a Precise
Development Plan pursuant to Chapter 17.58 of the Zoning Ordinance.
2. Based on the current parking requirement for the downtown district of 3 spaces per
1,000 square feet of office or retail space, and one for each hotel room, the proposed building
requires 52 parking spaces pursuant to Section 17.44.040 pertaining to parking requirements for
the downtown. The applicant is proposing 39 spaces in two levels of parking on site, and to pay
in -lieu fees for the remaining 13 required spaces, which requires approval of a Parking Plan.
3. The subject site is located on the south side of 14th Street between Hermosa Avenue
and the beach, and abuts an alley (14th Court) on its south side. The property consists of 5
existing lots, which will be assembled together. Four of the existing lots contain residential uses,
and one of the lots currently contains public metered parking for seven spaces. The site is
adjacent to a hotel use on the west and a retail market on the east. The North Pier Parking
structure is located immediately across the alley to the south. A mix of commercial uses and
some nonconforming residential uses are located across 14th Street to the north.
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Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Precise Development Plan and Parking
Plan:
1. The project and map are 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 proposed use comply with the development standards contained
therein;
3. The project, as conditioned, will conform to all zoning and condominium laws and
criteria and will be compatible with neighboring residential properties;
4. 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 will not have a negative impact on ocean views from residential areas,
as the building height will be in compliance with the height standards for the zone.
C. The amount of proposed off-street parking in conjunction with the payment of
parking in -lieu fees is sufficient for actual need and consistent with the parking
requirements for the Downtown District. Further, the closure of existing curb cuts
will result in up to 2 additional on -street parking spaces.
d. The uses proposed are compatible with each other and with the area.
e. The capacity and safety of the streets serving the area is adequate for the traffic
volume estimated to be generated by the project as shown by the traffic impact
analysis prepared by Linscott, Law and Greenspan, which demonstrates that traffic
generation will not result in significant impacts on nearby intersections.
f. The proposed exterior signs and decor are sufficiently compatible with existing
establishments in the area with incorporation of the conditions below.
g. Building and driveway orientation is appropriate to minimize noise and traffic
impacts on nearby residential areas since all access will be from an alley serving
exclusively commercial and visitor serving uses.
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h. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
i. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
5. 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.
6. 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. 75% of the required parking is provided on site, to exceed the minimum 25%
required for buildings with a greater than 1:1 floor area ratio pursuant to Section
17.44.040(E)
b. Sufficient parking exists and is being provided on -site in conjunction with the
project to accommodate the parking demand of the project without causing a
significant adverse impact on parking that is available to the beach going public.
7. The City Council, at its meeting of May 25, 1999, continued the parking in -lieu fee
program, and determined that the parking in -lieu fee is $12,500 per required parking space,
payable in lump sum prior to issuance of Certificate of Occupancy.
Section 4. Enyiropmetital Review,
1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, the Staff Envirorunental 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. City staff thereafter
prepared a 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 Negative Declaration are attached hereto and incorporated herein by reference.
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2. The Planning Commission has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration. Based on the whole record, the Planning
Commission finds that: (i) the 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. Based on these findings, the Planning Commission hereby adopts the Negative
Declaration prepared for the proposed project.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Precise Development Plan, 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
July 19, 2005, incorporating all revisions as required by the conditions below. Any
major modification, 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 issuances shall be revised to incorporate the
following.
a. The roof plan shall clearly identify property corner elevations and the
maximum and proposed heights at the critical points on the roof to verify
compliance with the 30-foot height limit.
b. The plan shall clearly depict parking lot lighting, and all light fixtures shall be
located such that property line walls or building walls shield the light source
from residences to the north, with light directed downward to minimize off -site
glare in all directions.
C. On -street parking and parking meter locations shall be shown on the plan, and
relocated as necessary to maximize on -street public 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. A minimum of 6 street trees with tree grates shall be planted along the
sidewalk on the 14th Street in accordance with requirements of the Public
Works Department.
b. Decorative paving surfaces shall be provided at driveway entry areas and at
the pedestrian entry court on Pier Avenue.
C. Bicycle parking shall be provided in a convenient location, to the satisfaction of
the Community Development Director.
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4. In order to compensate for required parking that cannot be provided on site, the
applicant shall contribute fees to the City's parking improvement fund in lieu of the
required thirteen (13) parking spaces, as set forth in Section 17.44.040(E) of the
Zoning Ordinance, at the amount of $12,500 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 shared amongst the occupants, guests and patrons of the
building, and no parking spaces shall be assigned for exclusive use by any occupant,
guest or tenant. One space may be signed for short term parking for delivery
couriers and short-term visitors. A limited number of spaces may be assigned for
exclusive use for hotel guest parking only if a parking management plan is
submitted to and approved by the Planning Commission, incorporating valet
parking or some other manner of managed parking, to ensure that assigning a
portion of the spaces will not impact the most efficient use of the parking facility.
6. The spa and conference room in the hotel are accessory to the hotel use shall be
limited for the use of hotel guests only.
7. Architectural treatment of the building shall be as shown on building elevations and
site and floor plans. Any modification shall require approval by the Community
Development Director.
8. A detailed comprehensive sign plan shall be submitted for review and approval by
the Community Development Director incorporating the following revisions:
a. One free-standing sign is permitted, and shall be limited to a monument sign
with a maximum height of ten (10) feet.
b. A comprehensive sign program shall be submitted for review and all
individual tenant or owner signs shall be consistent with that plan.
9. The use of the commercial portion of building for office and retail uses shall be
limited to office and retail commercial uses allowed in the C-2 zone, and shall not
include medical or dental clinics, or any other uses subject to greater parking
requirements unless the Parking Plan is amended and approved by the Planning
Commission.
10. The lots that comprise the subject property shall be merged into one parcel.
11. The applicant shall submit all required plans and reports in two steps to comply
with the City's construction debris recycling program including manifests from
both the recycler and County landfill, prior to final approval of building demolition
and issuance of building permits, and prior to project final approval
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
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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 comply with the requirements of the Public Works Department and
Fire Department.
14. Final building plans/construction drawings including site, elevation, floor 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.
15. 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.
16. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
17. The Precise Development Plan and Parking Plan shall be recorded, and proof of
recordation shall be submitted to the Community Development Department.
18. 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.
19. 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.
20. 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.
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21. 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 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.
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: Allen, Hoffinan, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 05-42 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 July 19, 2005.
a
Ron Pize _ W_-.... _...................
r, Chairman Sol. Blu1r1 lifer, Secretary
July 19 2005
Date
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