Loading...
HomeMy WebLinkAboutPC Resolution 00-432 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 2s 29 P.C. RESOLUTION 00-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW A COFFEE HOUSE/SNACK SHOP WITHOUT ADDITIONAL OFF-STREET PARKING REQUIRED, AT 1303 HERMOSA AVENUE LEGALLY DESCRIBED AS LOT 29, BLOCK 14, HERMOSA BEACH TRACT. Section 1. An application was filed by the City of Hermosa Beach, seeking approval of a Parking Plan, pursuant to Sections 17.44.030(0) and 17.44.220 to allow a 1,332 square foot snack shop/coffee house with 210 square feet of outdoor seating, within the retail building located at 1303 Hermosa Avenue, to be considered for lesser parking requirements than a restaurant, because of the characteristics of the use and the building, and the location in close proximity to public parking. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Parking Plan on July 18, 2000, 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 subject coffee house is to be located within a portion of the ground floor area, containing 1332 square feet indoors and 210 square feet of seating outdoors, for a total of 1542 square feet, within a new retail building being constructed by the City adjacent to the North Pier Parking Structure. 2. The City Council approved the Precise Development Plan for a 7,000 square foot retail/office building in conjunction with the adjacent North Pier Parking Structure in 1996. The gross floor area of the building for the purposes of determining parking requirements is 6,710 square feet, and with the proposed outdoor seating calculates as 6, 920 square feet. 3. The coffee house/snack portion potentially could be considered a more intense use requiring additional parking pursuant to Section 17.44.030(0) of the Zoning Ordinance. Section 17.44.030 states that snack bars/snack shops shall provide parking at the same ratio as restaurants, but allows the Planning Commission to consider a lesser parking requirement based on the characteristics of the building, the proposed specific snack shop use, and its location. Section 4. Based on the foregoing factual findings, the Planning Commission makes following findings pertaining to the application for the Parking Plan: 1. The site is zoned C-2, and is suitable for the proposed use with the proposed amendment; M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2. The proposed use is compatible with surrounding commercial and residential uses; 3. The imposition of conditions as required by this resolution will mitigate any negative impacts on nearby residential or commercial properties; 4. Pursuant to Section 17.44.030(0) applying lesser parking requirement is appropriate for the snack shop due to the characteristics of the building (a mix of uses of office, retail and the proposed snack shop with varying peak parking demand times), the characteristics of the snack shop (a coffee house that is typically not a destination sit-down business, and offers no meals) and other mitigating factors (the location next to a public parking structure). 5. Pursuant to Section 17.44.220 where public parking areas take the place of on -site parking, parking requirements may be reduced in number and computed at one space per 250 square feet. This reduction is appropriate for this specific use in this location because of the location adjacent to the Parking Structure, and the mix of uses within the retail building which includes office and retail uses in addition to the coffee house snack shop which have varying peak parking demand times. 6. 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 improvements shall be substantially consistent with submitted plans. Modifications to any of the plans shall be reviewed and may be approved by the Community Development Director. 2. Any intensification or substantial change to the coffee house/snack shop or substantial change to the mix of uses within the entire retail/office building at 1303 Hermosa Avenue shall require approval by the Planning Commission for impact on parking requirements. 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. -2- is 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 applicablc, time period of Government Code Section 65907. 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. 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: Schwartz, Pizer, Chairman Perrotti NOES: None ABSENT: Hoffman, Ketz ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 00-43 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 July 18, 2000. Perrotti, Chairman a Date Pprs 13 03 mpg M