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 City of Hermosa Beach --- 07-21-98(CONTINUED FROM MARCH, APRIL, MAY, AND JUNE MEETINGS)
SUBJECT: PARKING PLAN 98-2 LOCATION: 200 PIER AVENUE
APPLICANT: WARREN MILLER 1024 CRENSHAW BLVD TORRANCE, CA 90501
REQUEST: TO ALLOW THE SHARED USE OF EXISTING REQUIRED PARKING FOR BUSINESSES AT 200 PIER AVENUE WITH OFF-SITE BUSINESSES AT NIGHTTIME
Recommendation To approve the revised request to allow shared parking of 21 of the 44 parking spaces.
Background At the meeting of March 17,1998, the Planning Commission continued the public hearing on the applicant's original request to lease or share 35 of the 44 spaces. Because the amount of parking requested to be shared was so high ( 80%), the Commission requested an outline of a more specific parking program, to include flexible hours for the tenants, and adequate notice to tenants to obtain input. Further, the Commission suggested that no shared use be permitted for the alley parking (23 spaces).
In response to these concerns, the applicant reconsidered his proposal, contacted tenants individually, and with their input developed a revised program. A meeting was held on July 3, to discuss the revised plan with tenants as a group, but no tenants attended. Staff also contacted one of the tenants who expressed previous concerns about the parking, who indicated a desire that the spaces reserved for tenant parking be clearly designated with signs, so that tenants could easily identify them. He also indicated a preference for a 7:00 start time for shared parking.
Analysis The applicant's revised program proposes to lease 21 of the 44 parking spaces on the site, which is far less than the originally proposed maximum 80% of the existing required parking. The amount being proposed represents less than 50% of the parking, and is equivalent to the number of spaces in the front lot. The parking is not being proposed to satisfy required parking for any particular off-site business. The applicant instead desires to lease it on a monthly basis to one downtown business: The Comedy and Magic Club.
The 21 spaces for shared use will be marked on the wheel stops, and would require the display of a special parking pass similar to the monthly passes currently used for tenants.
The revised program addresses tenants concern about seasonal and/or intermittent needs for after hours parking for themselves or clients, since 18 of the 23 spaces on the alley and 5 of the of the 21 spaces in front will remain available at all hours. The applicant is proposings to allow some shared use of the alley parking, based on tenant input, in order to make tenant parking available in the front for the first floor tenants which are oriented that direction
The proposed additional supply of parking provided through the shared parking arrangement will facilitate parking in the downtown district and address a parking shortage when its most needed in the downtown area.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW THE SHARED USE OF EXISTING REQUIRED PARKING FOR BUSINESSES AT 200 PIER AVENUE WITH OFF-SITE BUSINESSES AT NIGHTTIME, AT 200 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 15, 16, 17, 18, AND THE NORTHERLY 10 FEET OF LOT 14, BLOCK 48, FIRST ADDITION TO HERMOSA BEACH
Section 1. An application was filed by Warren Miller, the property owner, seeking approval to share existing required parking at 200 Pier Avenue pursuant to 17.44.060 Common Parking Facilities which allows parking to be shared for two or more uses. The applicant is proposing to make 21 of the existing 44 parking spaces available to off-site business during off-peak parking demand hours of the on-site business: between 6:00 P.M. and 2:00 A.M. daily.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Parking Plan on March 17, and July 21, 1998, 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 existing 44 off-street parking spaces are required for the tenants of the subject office/commercial building providing a ratio of 1 space per 280 square feet.
2. The building is occupied by office, commercial service and retail uses whose peak operation times are typically on weekdays between 8:00 AM. and 6:00 P.M.
3. The applicant proposes to set aside less than 50% of the required parking, as allowed pursuant to Section 17.44.060(A) for off-site businesses during the off-peak hours. The parking is not being proposed to satisfy required parking for any particular business. The applicant instead desires to lease it on a monthly basis to any business or businesses that may desire additional parking for customers over and above their current required parking. Any future use of the parking as required parking for a new restaurant or restaurant expansion would require approval of another Parking Plan specific to that restaurant.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for the Parking Plan:
Section 5. Based on the foregoing, the Planning Commission hereby approves the Parking Plan, subject to the following Conditions of Approval:
1. A maximum of 21 parking spaces may be made available for off-site business after 6:00 P.M., daily and shall be clearly designated by signs posted at the spaces.
2. The shared parking signs shall clearly indicate the rules specifying authorized users and time limitations.
Section 6. This grant shall not be effective for any purposes until 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.
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 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 Conditional Use Permit 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.
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