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HomeMy WebLinkAboutPC Resolution 04-0810 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 P.C. RESOLUTION 04-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW THE ADDITION OF 318 SQUARE FEET" TO AN EXISTING OFFICE BUILDING WHILE CONVERTING 331 SQUARE FEET OF EXISTING OFFICE SPACE TO A MECHANICAL ROOM WITHOUT PROVIDING ADDITIONAL PARKING, AT 3201 PACIFIC COAST HIGHWAY Section 1. An application was filed by Pacsan Management Corporation seeking approval to allow the addition of 318 square feet to an existing office building while converting 331 square feet of existing office space to a mechanical room without providing additional parking, requiring a Parking Plan pursuant to Section 17.44.210. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Parking Plan on February 17, 2004, 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 subject office building contains 5,750 square feet and has 19 parking spaces. 2. The building was constructed in 1982 at a parking ratio of 1 space per 300 square feet and is thus nonconforming to current parking requirements for general office uses in the C-3 Zone. 3. The applicant proposes the addition of 318 square feet of office space to an existing office building by enclosing existing deck space, and convert 331 square feet of existing office space into a mechanical room. 4. Adding floor area requires additional parking pursuant to Section 17.44.140(D) of the Zoning Ordinance, resulting in an increased parking requirement of one space. 5. Given the existing built out condition of the lot it is not feasible to provide additional off-street parking on site. 6. The site is zoned General Commercial (C-3) allowing a variety of commercial uses. 7. The existing telecommunications facility is not subject to the requirement for a Conditional Use Permit pursuant to Section 17.46.240 of the Zone Code because the facility was permitted and installed in 1992 prior to the adoption of the Wireless Telecommunications Facilities Ordinance. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following finding pertaining to the application for the Parking Plan: 1. Pursuant to Section 17.44.210 the Planning Commission finds that reducing the parking requirement for the existing building is appropriate since the conversion of 331 square N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 feet of existing office space into a mechanical room offsets the addition of 318 square feet of additional floor area. 2. The applicant is willing to record a covenant to exclusively limit the use of the portion of the building intended as a mechanical room to contain telecommunications equipment with no office functions. Any change in use will require amendment to this Parking Plan and consideration and review by the Planning Commission. 3. This project is Categorically Exempt pursuant to Section 15303c 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. The proposed use of the building shall be consistent with submitted plans and consistent with the description of the intended use as submitted by the applicant, limited to use as a mechanical room containing automated telecommunications equipment with no office functions. 2. A covenant shall be recorded, with the City a party thereto and running with the land, guaranteeing the mechanical room will not be converted to any use other than as described above in condition Number 1. Section 6. This grant shall not be effective for any purposes until the permittee and 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 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 attorneys 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 .2. t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 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: Allen, Kersenboom, Perrotti, Pizer NOES: Hoffinan ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 04-8 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 February 17, 2004. Langley I senboonn, Chairman *olm field„ Secretary 18 11 February 17. 2004 i9 Date 20 Ppr3201 21 22 23 24 25 26 27 28 29 -3-