Loading...
HomeMy WebLinkAboutPC Resolution 03-04P.C. RESOLUTION 03-4 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN AND PARKING PLAN TO ALLOW DEVELOPMENT OF A TWO-STORY, 7,900 SQUARE FOOT MULTI -USE MANUFACTURING BUILDING WITH TEN TANDEM PARKING SPACES AND THREE PARKING SPACES BACKING ONTO CYPRESS AVENUE AT 601 CYPRESS AVENUE, LEGALLY DESCRIBED AS LOTS 11-14 INCLUSIVE, BLOCK H, TRACT NO.1686 The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by David B. Shaw, owner of property comprising the project site at 601 Cypress Avenue, seeking approval of a Precise Development Plan and Parking Plan to construct a 7,900 square foot multi -use manufacturing building with ten tandem parking spaces and three parking spaces backing onto Cypress Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan and Parking Plan on January 21, 2003, 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 two-story, 7,900 square foot multi -use manufacturing building with ten tandem parking spaces and three parking spaces backing onto Cypress Avenue, which requires a Precise Development Plan and Parking Plan pursuant to Chapters 17.44 and 17.58 of the Zoning Ordinance. 2. The existing site is vacant and zoned M-1 - Light Industrial. 3. The subject property is located on the northwest corner of 6`h Street and Cypress Avenue. 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 general criteria of Hermosa Beach Municipal Code Section 17.58.030(B) for granting or conditionally granting a Precise Development Plan in the M-1 zone have been considered. In making this finding, the Planning Commission has determined that: a. The proximity of the project to existing residential uses to the west will not result in negative effects with incorporation of the conditions below. b. The proposed uses are compatible with each other and with the area. C. Building and driveway orientation is appropriate to minimize noise and traffic impacts on nearby residential areas. d. The project will not result in adverse noise, odor, dust or vibration environmental impacts. e. The proposed use will not result in an adverse impact on the City's infrastructure and/or services. 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 2. 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. 3. The general criteria of Hermosa Beach Municipal Code Section 17.44.210(B) for granting or conditionally granting a Parking Plan in the M-1 zone have been considered. In making this finding, the Planning Commission has determined that: a. The tandem parking spaces are arranged in 4-car garages that are dedicated with direct access to 5 of the individual tenant areas on the first floor. Parking management for the tandem parking spaces will not conflict with the proposed use because the tandem parking serves single tenant occupants on the second floor level. b. The proposed parking egress onto Cypress Avenue is consistent with Section 17.44.160E of the Zone Code for three parking spaces that back directly onto Cypress Avenue because Cypress Avenue is a local street and not a major street (arterial or collector street). 4. The proposed project will be consistent with the General Plan and Zone Code, and will resolve the code violations that currently exist at the subject property. Section 4. Environmental xernpiion. I. The project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to CEQA guidelines, Section 15332 with the following findings: the project is an in -fill project that is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site is adequately served by all required utilities and public services. Section 5. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan and Conditional Use Permit subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans as revised and reviewed by the Planning Commission at their meeting of January 21, 2003, incorporating all revisions as submitted by the applicant, and as required by the conditions below. a. A revised landscape plan shall be submitted for staff approval with the inclusion of 36-inch box trees and a minimum 10-foot landscaped setback from the westerly property line shall be provided at the second story. b. A minimum 8-foot high decorative concrete masonry block wall shall be provided along the westerly property line. 1 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 2. The Precise Development Plan and Parking Plan shall only be in effect after the lots comprising the project site are merged in accordance with Section 16.20.110 of the Subdivision Ordinance. 3. Final building plans shall be submitted and all building permit fees shall be remitted within 120 days from the date of Planning Commission approval. 4. The owner shall record a covenant in a form acceptable to the City Attorney, guaranteeing the proposed building shall be used exclusively by uses shown on submitted plans and in accordance with those allowed in the M-1 zone. 5. Architectural treatment of the building shall be as shown on building elevations and site and floor plans. a. A swirl finish shall be provided for the garage floor to mitigate noise. 6. A detailed drainage and Stormwater Pollution Prevention Plan is required for approval by the Public Works Department, prior to the issuance of building permits and implemented on site, demonstrating that on -site drainage will be eliminated through a filtering system with final specification subject to approval by the Public Works Department. a. A grate system shall be installed to contain dirt storage within the garage area. 7. The applicant is responsible for all off -site right-of-way construction required by the Public Works Department. a. The applicant shall demonstrate with a Phase 1 study that there is no site contamination. 8. The project shall comply with the requirements of the Fire Department. 9. 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. 10. 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. 11. All roof equipment shall be located and designed to be screened from public view by the parapet walls. 12. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 13. The Precise Development Plan and Parking 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. 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 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. Sectiosi 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: Hoffman, Kersenboom, Perrotti, Pizer, Tucker NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 03-4 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 January 21, 2003. Ron Pizer, Chairman Jamiga 21 2003 Date