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HomeMy WebLinkAboutRES 14-6919 (1222 TO 1230 CORONA ST)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. 14-6919 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 GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LD) AND ZONING MAP LAND USE CLASSIFICATION AMENDMENT FROM GENERAL COMMERCIAL (C-3) TO SINGLE FAMILY RESIDENTIAL (R-1) AT 1222 TO 1230 CORONA STREET, LEGALLY DESCRIBED AS LOT 42 AND THOSE PORTIONS OF LOTS 51 AND 52 LYING NW'LY OF NE PROLONGATION OF THE SE LINE OF LOT 45, AND LOT 45 AND NW'LY 3.02 FEET OF LOTS 46, 47 AND 48, HERMOSA HEIGHTS TRACT, CITY OF HERMOSA BEACH; AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION SECTION 1. On March 11, 2014, Joseph Derhake, property owner, applied for a General Plan Land Use Element, Land Use Map amendment 14-1 from General Commercial (GC) to Low Density Residential (LD) and a Zoning Map amendment 14-1 from C-3 (General Commercial) to R-1 (Single Family Residential) on property comprising approximately 7,682 square feet located at 1222, 1226, 1228, and 1230 Corona Street. SECTION 2. Pursuant to Municipal Code, Chapter 17.66, on August 19, 2014 the Planning Commission held a public hearing and adopted Resolution 14-19 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. Pursuant to the provisions of the California Environmental Quality Act, an Initial Study and Negative Declaration were prepared and it was determined that no significant impacts on the environment would result from the project. The documents were circulated for public review from July 3 to August 2, 2014 and considered by the Planning Commission on August 19, 2014. The Negative Declaration prepared for this project reflects the City's independent judgment and analysis. The City Council finds that there is no substantial evidence Page 1 of 3 14-6919 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?R that the project would have a significant impact on the environment as indicated in the initial study and adopts the Negative Declaration. 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 is in the public interest: • The subject property is part of a grouping of parcels each of which have limited commercial potential, especially given lot size, configuration and parking requirements. • Redesignation of the subject parcels would still maintain a depth of commercial parcels similar to various other locations along the highway corridors. • While the depth (frontage) of the commercially designated land opposite the project site on Corona Street occupied by church/preschool uses is consistent with the commercial frontage of the block that includes the subject site, church/preschool uses are typically found in residential zones and are not commercial uses. • While the proposal will reduce the amount of commercially zoned land, the subject parcels have been in residential use for many years and therefore the proposal will not decrease the existing commercial uses in the area. • Since an application was approved in July 2014 to develop the adjacent vacant lots at 1081-1087 Aviation Blvd. for a small commercial use, it appears the potential to aggregate the Aviation frontage lots with the subject site into one larger commercial development will be significantly reduced for the life of that building. • Commercial viability of the subject site for an individual development may be limited due to lack of commercial street frontage and visibility such that development for retail uses or other uses that generate sales or similar revenues is not likely. SECTION 5. Based on the foregoing, the City Council hereby approves of a General Plan Land Use Element, Land Use Map amendment from General Commercial (GC) to Low Density Residential (LD) as shown in Exhibit A and a Zoning Map amendment from C-3 (General Commercial) to R-1 (Single Family Residential) as shown in Exhibit B attached hereto. Page 2 of 3 14-6919 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 99 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 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 ADOPTED this 23rd day of September, 2014. PRESIDENT of the City Council and MAYOR of th City of Hermosa Beach, California ATTEST: City Clerk Page 3 of 3 14-6919 Exhibit A GENERAL PLAN LAND USE MAP — LAND USE CLASSIFICATION CHANGE FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (LD) 1222 — 1230 CORONA ST. ASSESSOR'S PARCEL NUMBERS 4185-016-015, 4185-016-018, 4185-016-032 LD - a eta LD La LD LD �q LD LD L❑ LD LD 0� tia LD LD Lu LD LD A> LD Li] LD LD LD Lq 'P LD LD LD LD fl LD G. LD [�a� p LD MD r r Gam• p p aC MD ' hIID r , 4- � ME) Mp M4 �' �. ❑ �� _. i r' � r r r r D p o p D'rp L❑ Exhibit B ZONING MAP — LAND USE CLASSIFICATION CHANGE FROM C-3 to R-1 1222 — 1230 CORONA ST- ASSESSOR'S PARCEL NUMBERS 4185-016-015, 4185-016-018, 4185-016-032 k ` �.. ws ��' R 1 y tom►~ R-1 s '�— R-1 R_1 R.1 Sr'' R•� 'ti'` R-1 1+ E R-1 ', R- -111 _ �5N R•1 ..1 L t,� k + A' _R•' s .� xj.•o � x1t �'S � R•2 v�S � � 76 7p:�� i psi L., - Exhibit B 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. 14-6919 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, Mayor Tucker NOES: None ABSTAIN: None ABSENT: None Dated September 23, 2014