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HomeMy WebLinkAboutPC Resolution 03-3310 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 P.C. RESOLUTION 03-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN, AND GREATER THAN 50% INCREASE IN VALUATION TO ALLOW A 1,124 SQUARE FOOT EXPANSION TO AN EXISTING OFFICE BUILDING NONCONFORMING TO PARKING AT 824 FIRST STREET LEGALLY DESCRIBED AS THE NORTHWEST 139.44 FEET OF LOT 6, TRAFTON HEIGHTS TRACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:. ection 1. An application was filed by Tomblin and Associates owner of property at 824 First Street seeking approval of a Precise Development Plan to construct a 1,124 square foot expansion to an existing office building, and a to allow a greater than 50% increase in valuation to a nonconforming building. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan and Nonconformimg Remodel on June 17, 2003, and considered substantial testimony and evidence. Based on the testimony and evidence received the Planning Commission makes the following factual findings: 1. The applicant is proposing to expand an existing office building 1,124 square feet by altering the first and second floor and adding a third floor. The existing building, constructed in 1979, contains 2,990 square feet with 10 parking spaces on the ground floor. The existing parking lot is proposed to be reconfigured to increase on site parking by four (4) spaces. 2. Pursuant to Section 17.44,140(D) expansions to existing buildings nonconforming to parking are required to provide parking for the amount of expansion. In this case, based on the current parking ratio of 1 space per 250 square feet of office area, the proposed 1,124 square foot expansion requires 4 additional parking spaces. The applicant proposes to supply this required parking by reconfiguring the existing parking located at the ground level. 3. Planning Commission approval is required to allow the expansion to exceed a 50% increase in valuation pursuant to Section 17.52.030(B) of the Zoning Ordinance, since the existing building is nonconforming to parking. At the time the building was constructed it complied with parking requirements (1 space per 300 square feet) by providing 10 spaces. Currently, the required ratio for office uses is 1 space per 250 square feet meaning 12 spaces are required. 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 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 a. The proximity of the project to existing residential uses will not result in negative effects, as the project involves the expansion of an existing office, that is separated by one intervening lot from the nearest residential lot. b. The amount of existing and proposed off-street parking is sufficient and complies with the requirements of the Zoning Ordinance. c. The proposed continued use of the property for professional and general offices 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. 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 Section 4. Based on the foregoing factual findings, and the findings that the project complies with the Precise Development Plan review criteria the Planning Commission makes the following findings pertaining to the application for a greater than 50% increase in valuation: 1. The maintenance of the existing nonconforming parking condition continues a deficiency of two parking spaces relative to current parking requirements of 1 space per 250 square feet, which is not severe or unusual, and is due to a slight increase in the parking requirement ratio that occurred since the original construction of the building. 2. The scale of the proposed expansion is limited in scope and reasonable based on the existing condition of the property, and is consistent with the first tier planning and zoning ra 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 requirements for the SPA-7 zone, and does not warrant requiring the nonconforming parking to be brought into conformance. 3. Approval of the expansion is consistent with the intent and goals of Chapter 17.52 of the Zoning Ordinance. Section 5. Pursuant to the California Environmental Quality Act ("CEQA") The project is categorically exempt from the requirements of CEQA, pursuant to the CEQA guidelines, Section 15303, Class 3(c), as the project is located in an urbanized area, involves construction of less than 10,000 square feet, and all necessary public services and facilities are available and the property is not located in an environmentally sensitive area. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan and greater than 50% increase in valuation 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 June 17, 2003, 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. A revised roof plan shall be submitted to demonstrate compliance with the first tier 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 3. 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 front elevation shall include decorative wall and window treatment as shown on the submitted plans. b) The east elevation shall include all decorative wall, window and balcony treatment as shown on the submitted plans. 4. Occupancy of the building shall be limited to professional and general office use. 5. No changes are allowed to the parking and the parking layout without Planning Commission approval 6. The project shall comply with the requirements of the Fire Department and the Public Works Departments. 7. Final building plans/construction drawings including site, elevation, floor plan, sections, details, signage, landscaping and irrigation, submitted for building permit 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 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. 8. 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 effected. 9. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 10. 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. 11. 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. 12. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 13. 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. 14. 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. 15. 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. 4 1 2 3 4 5 6 7 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 16. 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: Hoffinan, Kersenboom, Perrrotti, Tucker NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 03-33 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 June 17, 2003. refer rioinnan,L June 17, 2003 Date Pdpr824first Sol Blumcn&1 , Secretary 5