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P.C. RESOLUTION 02-28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITE"" OF HERMOSA BEACH, CALIFORNIA,
APPROVING A PARKING PLAN TO ALLOW A 1,500
SQUARE FOOT ADDITION FOR STORAGE/WAREHOUSE
P'tJRPOSES, AND A STORAGE ATTIC ABOVE, WITH LESS
THAN REQUIRED PARKING FOR OKE;LLS FIREPLACE AT
134 PACIFIC COAST HIGHWAY LEGALLY DESCRIBED
AS LOTS 449 45, AND 46 HOME BUILDER'S PLACE TRACT
Section 1. An application was filed by Richard DiGiorgio seeking approval to allow a
1500 square foot addition to an existing commercial building for storage/warehouse purposes
with less than required 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 July 16, 2002, 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 building was constructed in 1940 and shares parking with the adjacent bar, and
is nonconforming to current parking requirements for retail uses in the S.P.A. 7 commercial
zone. Seven parking spaces are currently available behind the buildings.
2. The business currently uses the subject area proposed for the addition as storage in
structures constructed without building permits. The applicant proposes to bring this existing
non -permitted storage space into conformance with Building and Zoning codes by building a
new storage addition. The additional space is proposed to be used exclusively for
warehouse/storage purposes with the intent that it would not intensify the need for parking.
3. The addition of floor area requires additional parking pursuant to Section
17.44.140(E) of the Zoning Ordinance, resulting in an increased parking requirement of six
spaces. The applicant is proposing to re -stripe and improve the parking area, increasing
available parking to 8 spaces, and providing landscaping and appropriate signage for sharing
the parking.
4. Given the existing built -out condition of the property it is not economically feasible
to provide enough additional off-street parking on site to meet the code requirement.
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 proposed expansion is appropriate and substantiated by the facts
for the following reasons:
a. The proposed warehouse/storage area and attic containing 1500 square feet is
incidental and secondary to the primary commercial use and is not likely to
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intensify the need for parking on the site. A storage/warehouse is more
appropriately considered as a warehouse use with a parking requirement similar to
the standard set forth for warehouses in the manufacturing zone at 1 space per
1,000 square feet.
b. The business is daytime oriented and the adjacent bar use is nighttime oriented
allowing for maximum shared use of the available parking in the rear.
c. The applicant is willing to record a covenant to exclusively limit the new added
space for storage/warehouse purposes.
2. 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 expansion and use of the building shall be consistent with
submitted plans and consistent with the description of the intended use as
submitted by the applicant. Any minor modification shall be reviewed and
may be approved by the Community Development Director.
2. Prior to issuance of building permits for the addition a covenant shall be
recorded running with the land guaranteeing the 1500 square foot
warehouse/storage area and attic will not be converted to any use other than
storage in connection with the primary use of the building.
3. All existing outdoor storage shall be eliminated, and the gate at the rear of the
property allowing access to the outdoor yard of the adjacent property to the east
shall be permanently removed and replaced with a permanent fence that does
not permit access.
4. A landscape plan shall be submitted for the parking area specifying a minimum
of four trees along the back fence, subject to review and approval by the
Community Development Director. Said landscape plan shall be approved prior
to the issuance of building permits and shall be implemented prior to occupancy
and final of the proposed addition.
5. New parking signs shall be installed indicating that all parking is for customers
of both businesses on the property (currently Okell's fireplace, and The Pitcher
House) with no spaces exclusively assigned to either business. Operating hours
for each business shall also be displayed on the signs.
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6. Plans approved for building permit issuance shall provide for a clearly defined
and dedicated pedestrian access walled corridor through the storage area from
the rear parking area to the main showroom, display, and retail area in the frof
of the building.
7. Any change of the primary retail and warehouse use of the building requires
review and approval of the Planning Commission.
8. The operating hours of the business shall be limited to daytime hours only,
between 7:00 A.M. and 6:00 P.M. daily.
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.
Pennittee 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
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.
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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: Kersenboom, Perrotti, Tucker, Pizer
NOES: None
ABSENT: None
ABSTAIN: Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 02-28 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 A past 20, 2002.
Ron Pizer, Chairman So lumenfe d, S cretary
Date 8/20/02
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