HomeMy WebLinkAboutPC Resolution 04-341
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P.C. RESOLUTION 04-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT AND
VESTING TENTATIVE TRACT MAP NO. 061290 FOR AN 18,648 SQUARE
FOOT COMMERCIAL BUILDING CONTAINING 54 COMMERCIAL
CONDOMINIUM UNITS AND AN ENVIRONMENTAL NEGATIVE
DECLARATION AT 200 PIER AVENUE LEGALLY DESCRIBED AS NW
10-FEET OF LOT 14, AND ALL OF LOTS 15,16,17 & 18, 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 Nick Shaar owner of property at 200 Pier Avenue
seeking approval of a Precise Development Plan to construct an 18,648 Square foot commercial
building complex and parking structure, a Conditional Use Permit and vesting tentative tract map
for 54 commercial condominium units.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application for on September 21, 2004, 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 for a office and
commercial condominiums containing 18,648 square feet with two levels of parking, which
requires a Precise Development Plan pursuant to Chapter 17.58 of the Zoning Ordinance.
2. The buildings on the site contain 54 separate commercial units intended to be sold
separately as condominium units. Commercial condominiums require a Conditional Use Permit
pursuant to Section 17.22.100 of the Zoning Ordinance and approval of a tentative tract map.
3. The subject site is located on the south side of Pier Avenue at its intersection with
Manhattan Avenue in the downtown district. The property currently contains a 12,500 square
foot commercial building. The proposed project involves the demolition of all existing structures
and the construction of a new commercial building and two levels of parking.
4. Since the project is located in the downtown district, it is subject to the parking
requirements of Section 17.44.040 which require 3 parking spaces per 1,000 square feet of floor
i area.
Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Precise Development Plan, Conditional Use
Permit, and Vesting Tentative Tract Map:
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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 subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed subdivision;
5. Design of the proposed subdivision is compatible and consistent with applicable
elements of the City's General Plan, and is compatible with the immediate environment;
6. The project, as conditioned, will conform to all zoning and condominium laws and
criteria and will be compatible with neighboring residential properties;
7. The project provides all required off-street parking.
8. 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 lower than the existing building.
C. The amount of proposed off-street parking is sufficient for actual need and
consistent with the parking requirements for the Downtown District. Further, the
closure of an existing curb cut will result in up to 5 additional on -street parking
spaces..
d. The use proposed is 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 significantly increase as compared to the existing uses on the
site, and the increase will not result in significant impacts on nearby intersections.
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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.
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.
9. 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.
a. The project will not have significant environmental adverse impacts
Section 4. Environmental Review.
1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, the Staff Environmental 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.
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, Conditional Use Permit and Vesting Tentative Tract Map 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
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September 21, 2004, incorporating all revisions as required by the conditions below.
Any major modification, including changes in the layout of the condominium units,
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. A five-foot setback, clear from ground to sky shall be provided along the south
property line.
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 southwest, with light directed downward to minimize
off -site glare in all directions.
C. A decorative block wall shall be provided along the southerly property line.
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. Tree planting and accent landscaping shall be provided in the pedestrian entry
court along Pier Avenue
b. A minimum of 7 street trees with tree grates shall be planted along the
sidewalk on the Pier Avenue frontage in accordance in accordance with
requirements of the Public Works Department, or, alternatively, a deposit of
funds in an amount to cover the cost of such planting.
C. A minimum of 4 street trees with tree grates shall be planted along the
sidewalk along the Manhattan Avenue frontage as approved by the Puublic
Works Department.
d. Decorative paving surfaces shall be provided at driveway entry areas and at
the pedestrian entry court on Pier Avenue.
e. Bicycle parking shall be provided in a convenient location, to the satisfaction of
the Community Development Director.
4. All parking shall be shared amongst the occupants and patrons of the buildings on
site, and owned in common, which shall clearly be set forth in project CC & R's,
and not parking spaces shall be assigned for exclusive use by any owner, occupant,
or tenant. A limited number of spaces may signed for short term parking for
delivery couriers and short-term visitors.
5. A parking management plan shall be submitted for review and approval by the
Community Development Director, setting forth a program to ensure priority
parking for the occupants/owners of the building through the use of identification
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stickers, or passes, or other method, and said plan shall include how the parking
plan will be enforced including the signage to be posted in the parking facilities.
6. 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.
7. 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.
S. The use of the building and the individual condominium units 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.
9. The location and installation of wireless communication facilities are subject to
submittal and approval of separate Conditional Use Permit, pursuant to Section
17.46.240 of the Zoning Ordinance.
10. The project shall meet all requirements of the Condominium Ordinance.
a. Covenants, Conditions, and Restrictions in compliance with the Condominium
Ordinance Section 17.22.120 shall be submitted to the Community Development
Department for review and approval prior to the issuance of building permits.
b. Proof of recordation of approved CC & R's shall be submitted to the
Community Development Director thirty (30) days after recordation of the
Final Map.
11. A detailed drainage and (SUSMP) Standard Urban Stormwater Mitigation Plan is
required for approval by the Public Works Department, prior to the issuance of
building permits and implemented on site, demonstrating best management
practices for stormwater pollution control, and for sediment control and erosion
control during construction.
12. The applicant is responsible for all off -site right-of-way construction required by
the Public Works Department, or alternatively, may deposit funds in amount to
cover the cost for future right-of-way construction for the Pier Avenue frontage.
13. The project shall comply with the requirements of the 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
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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 Conditional Use Permit and Precise Development 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.
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.
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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, Hoffman, Koenig, Pizer, Perrotte
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 04-34 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
reg ar meetio.g of September 21, 2004.
w
r -
ti »° S /
Sam Perrotti, Chairman
/V�le? - --
Date
F:\B95\CD\PC\2004\09-21-04\PDPR200Pier.doc
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