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P.C. RESOLUTION 04-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO APPROVE A REQUEST FOR A
PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR THE
CONSTRUCTION OF A RETAIL COMMERCIAL BUILDING, AND TO ALLOW
THE PAYMENT OF FEES IN -LIEU OF PARKING FOR FOUR (4) REQUIRED
PARKING SPACES AT 238 PIER AVENUE LEGALLY DESCRIBED AS LOT 195
BLOCK 48, FIRST ADDITION TO 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 Jeff Stoner, owner of property at 238 Pier
Avenue, seeking approval of a Precise Development Plan for the construction of a retail
commercial building and a Parking Plan to provide required parking through the payment of in -
lieu fees and/or with tandem parking.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Precise Development Plan, and Parking Plan on February 17, 2004,
and considered testimony and evidence both written and oral. Based on the testimony and
evidence received the Planning Commission makes the following factual findings:
1. The applicant proposes to demolish the existing building and to construct a new three
level commercial building containing approximately 2,800 square feet of gross floor area with
parking on the ground floor.
2. The proposed project involves the construction of a three level 30-foot high retail
commercial building in a craftsman/bungalow style similar to the existing building. The floor
plan includes parking on the ground floor accessed from the alley; with the bulk of the square
footage on the first floor; and a mezzanine level accounting for 675 square feet.
3. Pursuant to Chapter 17.58 a Precise Development Plan is required for the proposed new
construction.
4. A Parking Plan is required pursuant to Section 17.44.210 as the applicant proposes to meet
parking requirements through a combination of providing parking in tandem and the use of parking
in -lieu fees.
Section 3. Based on the foregoing factual findings the Planning Commission makes
the following findings pertaining to the application for a Precise Development Plan.
1. The project meets the basic zoning requirement of the C-2 zone, as a 5-foot setback is
provided adjacent to the residential property to the south, and the building is designed to comply
with the 30-foot height limit. Beyond these basic standards, the project plans show a substantial
improvement to a very old and under-utilized building, in an attempt to revitalize a prominent
location in the City's downtown. The architectural features of the proposed new building are
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consistent with the existing style of architecture. Retail commercial use of this type is compatible
with surrounding uses, and consistent with the general objectives of the City Council to balance the
existing preponderance of restaurant and bar uses with retail uses.
2. 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 residential uses will not result in negative effects,
as the project involves the replacement of an existing commercial building in the
downtown district.
b. The amount of existing and proposed off-street parking, with the payment of in -lieu fees,
will be sufficient and complies with the requirements of the Zoning Ordinance.
c. The proposed continued use of the property for commercial purposes is compatible with
the area.
d. The capacity and safety of the streets serving the area is adequate for the traffic volume
estimated to be generated by the project.
e. The proposed exterior signs and decor are sufficiently compatible with existing
establishments in the area.
f. Building and driveway orientation is appropriate to minimize noise and traffic impacts on
nearby residential areas.
g. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
h. The proposed use will not result in an adverse impact on the City's infrastructure and/or
services.
3. 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
Section 4. Based on the foregoing factual findings, and the findings for the Precise
Development Plan the Planning Commission makes the following findings pertaining to the
application for a Parking Plan.
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1. Based on the parking ratio proposed for the downtown district of 3 spaces per 1,000
square feet of office or retail space, the proposed 2,800 square foot building requires 8 parking
spaces pursuant to Section proposed 17.44.040, (as recommended by the Planning Commission,
and introduced by the City Council but pending final adoption), pertaining to parking
requirements for the downtown. The applicant is proposing 8 spaces in tandem, and is
requesting consideration that all of these spaces be counted towards the requirement pursuant to
Section 17.44.210, Parking Plans, which allows for Commission consideration of reduced
parking requirements. Further, the applicant is requesting to pay a fee in -lieu of parking for the
last required space pursuant to the new Section 17.44.040 for projects in the downtown district.
2. The Commission finds that the proposal to use tandem parking for the proposed
square footage for retail use is not an acceptable or appropriate alternative, and therefore finds
that in order to approve the project parking in -lieu fees must be provided for the required parking
not provided on -site in a manner consistent with the parking requirements.
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 in conformance with
submitted plans reviewed by the Planning Commission at their meeting of February
17, 2004, incorporating all revisions as required by the conditions below. Minor
modifications to the plan shall be reviewed and may be approved by the Community
Development Director.
2. The Parking Plan shall only become effective if the City Council adopts Text
Amendment 03-1, which reduces the required parking for retail and office uses in
the downtown district to 3 spaces per 1,000 square feet.
3. The applicant shall pay parking in -lieu fees for the number of required spaces
deficient with no acceptance of tandem parking spaces as required spaces. Based on
submitted plans, the applicant is required to pay parking lieu fees for four (4)
parking spaces. Said payment shall be made prior to issuance of any certificate of
occupancy for the building.
4. A revised roof plan shall be submitted to demonstrate compliance with the
maximum building height of 30-feet. The plans shall clearly show property lines,
property corner elevations, and maximum height critical points on the roof plan.
The roof plan shall clearly delineate all roof -top equipment and structures to verify
compliance with Section 17.46.010, and to effectively hide or screen visibility of the
roof -top equipment from public view.
5. Architectural treatment of the building shall be as shown on building elevations and
site and floor plans. Any minor modification shall require approval by the
Community Development Director.
a) The elevations shall include decorative wall and window treatment as shown
on the submitted plans.
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6. Occupancy of the building shall be limited to retail commercial uses and general or
medical office uses which are subject to parking requirements of 3 spaces per 1,000
square feet of floor area.
7. The project shall comply with the requirements of the Fire Department and the Public
Works Departments. Public Works Department requirements may include new
street pavement to centerline of street, curb, gutter and sidewalk along property
frontage, under grounding of overhead utilities, and new sewer lateral.
8. 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.
9. All exterior lights shall be located and oriented in a manner to insure that
neighboring residential property and public right-of-way shall not be adversely
affected.
10. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
11. Upon issuance of building permits the project shall proceed in compliance with the
scope of work outlined on the plans and any further demolition or construction
contrary to said plans will result in project delays in order for the City to review
project modifications, and may require new plan submittals and Planning
Commission review to proceed with construction work.
12. Prior to issuance of building permits for demolition and construction, the contractor
shall verify the structural integrity of the proposed walls to be retained with a
structural inspection approved by the Community Development Director, with
details incorporated on construction drawings. This may require further additional
structural pest inspections and/or an inspection by a structural engineer.
13. The Precise Development Plan shall be recorded, and proof of recordation shall be
submitted to the Community Development Department.
14. 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.
15. 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
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the defense, the permittee shall no thereafter be responsible to defend, indemnify, or
hold harmless the City.
16. 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.
17. 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 7. 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 8. 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, Kersenboom, Pizer
NOES: Allen, Perrotti
ABSENT: None
ABSTAIN: None
I hereby certify the foregoing Resolution P.C. No. 04-9 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.
��� � X11
Langley rsenboom, Chairman
March 16 2004
Date
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