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HomeMy WebLinkAboutPC Resolution 02-081 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 P.C. RESOLUTION NO. 02-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN AND PARKING PLAN, AS AMENDED, FOR AN EXPANSION AND REMODEL TO AN EXISTING COMMERCIAL BUILDING, "THE HERMOSA PAVILION;" AND TO ALLOW SHARED PARKING TO ACCOMMODATE A NEW ALLOCATION OF USES WITHIN THE CENTER, INCLUDING A NEW HEALTH AND FITNESS FACILITY, OFFICES AND RETAIL AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 11. An application was filed by Shook Development Corporation owner of property at 1605 Pacific Coast Highway, known as the "Hermosa Pavilion", seeking to amend a previously approved Precise Development Plan and Parking Plan to remodel and expand an existing commercial building and to allow shared parking to accommodate a new allocation of uses within the building including a health and fitness facility, office and retail uses. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Precise Development Plan and Parking Plan amendments on February 19, 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 Hermosa Pavilion retail and entertainment complex was originally approved in 1986, with said approval consisting of a Parking Plan for shared parking and a Conditional Use Permit for a 6-plex movie theatre (Resolution P.C. 86-40). The applicant is proposing changes to the allocation of uses summarized as follows: Prior Approved Allocation Proposed Project Proposed Allocation LUse Health and Fitness Club 44,300 Theatre (6-Plex) 26,680 SF Office 48,990 Retail and Restaurant 46 1 80 SF Retail 12,088 Total 72,860 SF Total 105,378 SF 1 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 2. The existing 6-level parking structure will be reconfigured to contain 450 parking spaces (334 standard, 116 compact size) with an additional 31 spaces if tandem parking is used and up to 514 spaces with valet assistance in the existing six -level parking structure. 3. The site is zoned S.P.A. 8 which requires a Precise Development Plan for a remodel and expansion project that exceeds 10,000 square feet and exceeds a floor areas to lot area ratio of 1: 1. A Parking Plan is necessary to amend the existing approved shared parking arrangement in order to comply with the parking requirements of the Zoning Ordinance. Section 4. 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 Amendment: 1. The project is 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 S.P.A. 8, Specific Plan Area -Commercial, and the project and proposed use complies with the development standards contained therein. 3. Pursuant to Section 17.44.210 of the Zoning Ordinance, a reduction in the number of parking spaces required is acceptable due to the proposed mix of uses with varying peak hours of parking needs. Parking demand is projected to be satisfied by the supply within the parking structure due to the proposed new mix of uses with varying times of peak parking demand. The applicant has submitted a Shared Parking Analysis, prepared by Linscott Law and Greenspan (dated January 23, 2002) to demonstrate that the parking will be sufficient for the proposed mix of uses. The shared parking analysis shows that based on projected hourly parking counts the proposed fitness facility (based on a similar operation in Costa Mesa); plus projected parking needs of the office and retail uses (based on City parking requirements), that the proposed supply of 450 spaces is adequate and can be supplemented with parking management. 4. Compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan. S. The Planning Commission concurs with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a mitigated Negative Declaration. 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 19, 2002. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 2s 29 2. To ensure compliance with the Parking Plan for shared parking the allocation of uses within the building shall be substantially consistent with the following allocation: Health and Fitness Facility (including a basketball court and pool) Office Retail Total Allocation `iii square feet 44,300 48,990 12,088 105,378 Any change to this allocation requires amendment to the Parking Plan, and approval of the Planning Commission. 3. A parking operation plan shall be submitted for approval by the Planning Division prior to issuance of the building permit for the Health and Fitness Facility, ensuring maximum use of parking structure consistent with the Shared Parking Analysis (prepared by Linscott, Law and Greenspan, dated January 23, 2002), and to ensure efficient ingress and egress to and from the structure. The parking structure shall be operated in accordance with said plan. a) A minimum of 450 single use and 30 dual use (tandem) parking spaces shall be available within the structure for employees and customers of all tenants within the building, and all parking shall be available on a first come first serve basis (i.e. no assigned parking except that tandem spaces may be assigned to employees). b) The adequacy of parking supplies and the efficiency of the parking operation program shall be monitored for six -months after occupancy of the Health and Fitness Facility, and a report shall be submitted to the Community Development Department b the applicant's traffic engineer certifying adequate on -site parking is available. If supplies are found to be inadequate, the applicant shall provide valet assisted parking, and a detailed valet assistance program shall be provided to the City c) A lighting and security plan, including possible use of security personnel shall be reviewed and approved by the Police Department to ensure that the parking structure is well lit and safe for the patrons prior to issuance of building permits. 4. Architectural treatment including sign locations shall be as shown on building elevations and site and floor plans. Any modification shall require approval by the Community Development Director 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 5. The project shall comply with the requirements of the Fire Department and the Public Works Department. 6. 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. a. The landscape plans shall include landscaping along Pacific Coast Highway and street trees and shall be consistent with the original landscape plans approved for the Hermosa Pavilion, subject to review and approval of the Community Development Director. b. Project plans shall include insulation to attenuate potential noise problems with surrounding residential uses. 7. 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. 8. Bicycle racks shall be provided in conveniently accessible location to the satisfaction of the Community Development Director 9. The project and operation of the businesses shall comply with all applicable requirements of the Municipal Code. 10. A Variance for exceeding the maximum height shall be required for the proposed enclosure and roofing of additional floor area. No building permits the expansion shall be issued prior to approval of a Variance by the Plannng Commission. 11. The Precise Development Plan and Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 12. 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. 13. 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. 4 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 14. 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. 15. 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. The Precise Development Plan and 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. 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. 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. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Planning Commission may review this Precise Development Plan and 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. 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, Pizer, Perrotti, and Kersenboom NOES: Tucker ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 02-8 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 19, 2002. W Sam Perrotti, Chairman 'Sol Blumen eld, Secretary Date pdpr1605am