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Home My WebLink AboutRES 14-6917 (1818-1834 PCH GENERAL PLAN1 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 ?R RESOLUTION NO. 14-6917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT, LAND USE MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND TEXT FOR CONSISTENCY, AT 1818 TO 1834 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 26, 27 AND 28, BLOCK 1, JOHNSON AND NEWMAN'S CAMINO REAL TRACT AND LOT 5 OF TRACT 6054, CITY OF HERMOSA BEACH, CALIFORNIA, AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 1. An application was filed on May 12, 2014 by Rayburn Properties, LLC, owners of real property located at 1818 to 1834 Pacific Coast Highway, seeking approval of General Plan Amendment 14-4 to amend the Land Use Element, Land Use Map and Text to facilitate development of a condominium project. The General Plan Land Use Map is proposed to be amended from Commercial Corridor (CC) to Medium Density Residential (MD). The Land Use Element text is proposed to be amended to make the text in Volumes I and II of the Land Use Element and the Land Use Map consistent as pertains to the subject property (Exhibits A and B). SECTION 2. Pursuant to Municipal Code, Chapter 17.66, on August 19, 2014 the Planning Commission held a public hearing and adopted Resolution 14-17 recommending approval of the proposed amendment. On September 23, 2014 the City Council held a duly noticed public hearing to consider said amendment, at which time testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 3. The proposed General Plan Amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Code of Regulations because the project implements the program and specific text within the Land Use Element recommending the Land Use Map to be amended from Page 1 of 4 14-6917 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 ?R Commercial Corridor to Medium Density Residential consistent with the Zoning Map and current zoning for reasons stated in the General Plan and said property is currently developed with six residential uses consistent with the proposed General Plan amendment, and is located within an urbanized area with availability of services. SECTION 4. Based on the Staff Report, testimony, the record of decision of the Planning Commission, and evidence received, both oral and written, the City Council finds the amendment would be in the public interest and would correct inconsistencies in the General Plan: 1. The majority of the subject lots have been historically used primarily as residential uses while the nonconforming mixed -use building at 1818 to 1824 Pacific Coast Highway was permitted in 1951 to be used as a gift shop with living quarters above. 2. The City revised the Land Use Element of the General Plan in 1994. Volumes I andl II both address inconsistencies between the General Plan Map and Zoning Map and recommend different and inconsistent actions. Volume II recommends redesignating the 1800 and 1900 blocks along the east side of Pacific Coast Highway on the Land Use Map as Medium Density Residential based on the commercial compatibility issues cited in the rezone from 1990 as well as the existing residential character of the surrounding neighborhood. Volume 1 recommends rezoning the 1800 and 1900 blocks along the east side of Pacific Coast Highway from R-2 to a commercial S.P.A. Specific Plan Area (Exhibit B). 3. The proposed amendment would implement the recommendation in Volume II of the Land Use Element shown in Exhibit B. The Medium Density Residential designation would be consistent with the surrounding residential neighborhood exhibited along the east side and west side of Pacific Coast Highway from 17th Street to 215t Street as well as the residential neighborhood to the rear. The General Plan text in Volume II provides an analysis and rationale for redesignating the subject property for residential uses consistent with the then- and currently - existing uses on the subject site and the neighborhood. Page 2 of 4 14-6917 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 7R 4. As indicated by the denial of a zone change from R-3 to C-3 in 1981 and thel approved zone change in 1990 from R-3 to R-2, commercial enterprises on the subject lot would) be inconsistent with the surrounding residential environment and given that the neighborhood continues to be residential and the amendment would be consistent with development in the area. SECTION 5. Based on the foregoing, the City Council hereby approves General Planl Amendment 14-4 amending the Land Use Element, Land Use Map from Commercial Corridor (CC) to Medium Density Residential (MD) and amending the text in Land Use Element, Volume I, page 2, Area 4 by deleting "1818, 1820, 1822, 1830, 1834" and, on page 6, removing the shading from the subject property, as shown in Exhibits A and B attached hereto. SECTION 6. To the extent permitted by law, permittee shall defend, indemnify and hold) harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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. SECTION 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the City Council must be made within 90 days after the final decision by the City Council. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City; and shall make a minute of Page 3 of 4 14-6917 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 ?R the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and PRESIDENT of the City ATTEST: City Clerk PTED this 23rd day of September, 2014. MAYOR of the)City of Hermosa Beach, California Page 4 of 4 14-6917 Exhibit A Amend General Plan Land Use Map from Commercial Corridor (CC) to Medium Density Residential (MD) 1818, 1830 & 1834 PACIFIC COAST HIGHWAY Assessor's Parcel No. 4184-012-011, 020, 021 1A; ►.0 O LD LD Y r 3 1p LLB r W t U Lv r� `� i`=y ytj LO }q LU 1.0 Lv 1 [} LD . 4157 1 LU AND a � U i.0 L 1.13 L[7 LD LID i 1) MD Ihh �[` - LD L� Qt1�� i,U Lv Lt] ,4 v q LD L7 7 C3 [iy LD L: u1 � Nt1�Y '� LD LO tS) r tD ! LD L LS7 �� rrJ gyp d LC' LIJ LD L�1 l�ri 51 Lo LID e� r r LC> LD ..C, r '• C•LD LD LD LV LD 1y� L-A 7 , SJ W LD Lti1 4L%� L1.+ a; 1.0 Ltl , C7 LT3 LD y lY G� Ra - A r � Ci • +A Lv6. r i.V qr O LD L LD r LiD MD r• U r r tr,,,�❑ U r u LD LD C - r __wowy� r^ EXHIBIT B Amend Text of General Plan Land Use Element Volume I, page 2, Area 4, delete "1818,1820, 1822, 1830,1834" as shown below: Iv. INCONSISTENCIES BETWEEN ZONING AND GRNERAL PLAN MAP State law requires consistency between the zoning and general, plan maps of local governments. This study identifies all properties within the City, grouped into 11 areas, that have zoning designations inconsistent with the General. Plan designation. Recommendations Area 4: 803, 805, 807, 809, 811, 813 815 817 and 819 k8th Street; 802 and 804 19th Street; 1840 and 1850 Pacific Coast Highway. Rezone from R-2 to Commercial S.P.A. Specific Plan Area. Volume I, page 6, remove the shading from the subject property as shown below: Map 4 Area 4 Inconsistencies Rezone from R-2 to Commercial S.P.A. Specific Plan Area STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 14-6917 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on September 23, 2014. The vote was as follows: AYES: Barragan, DiVirgilio, Fangary, Petty NOES: Mayor Tucker ABSTAIN: None ABSENT: None Dated September 23, 2014