HomeMy WebLinkAboutRES 19-7217 (APPROVING A MOTEL PROJECT)2
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RESOLUTION NO. 19-7217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A MOTEL PROJECT, THEREBY
OVERTURNING THE PLANNING COMMISSION'S DENIAL OF PDP 19-2
AND PARK 19-2, AND APPROVING A REQUEST TO ALLOW A SIX -UNIT
MOTEL PROJECT BY CONSTRUCTING A NEW THREE-STORY,
DETACHED 2,744 SQUARE FOOT COMMERCIAL BUILDING
CONTAINING FIVE UNITS, TO BE CONSTRUCTED BEHIND THE
EXISTING 1,841 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH
WILL BE CONVERTED TO AN ADDITIONAL MOTEL UNIT, AND
APPROVING A PARKING PLAN TO ALLOW THE SIX -SPACE PARKING
REQUIREMENT TO BE MET WITH FOUR ON -SITE SPACES (INCLUDING
ONE TANDEM SPACE) PLUS PAYMENT OF FEES IN -LIEU OF
PROVIDING THE TWO SPACES ON -SITE, ON A 4,023 SQUARE FOOT LOT
IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 7010TH
STREET; AND ADOPTING THE MITIGATED NEGATIVE DECLARATION.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS
FOLLOWS:
SECTION 1. An application was filed by B&J Capital Investments on March 21,
2019, requesting approval of Precise Development Plan 19-2 to allow a six -unit motel
project by constructing a new three-story, detached 2,744 square foot commercial
building containing five units, to be constructed behind the existing 1,841 square foot
single-family residence which will be converted to an additional motel unit, and a
Parking Plan 19-2 to allow the six -space parking requirement to be met with four on -site
spaces (including one tandem space) plus payment of fees in -lieu of providing the two
spaces on -site, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning
district at 70 1 Oth Street; and adoption of a Mitigated Negative Declaration.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application on June 18, 2019 at which time testimony and evidence, both
oral and written, was presented to and considered by the Planning Commission. The
Commission expressed continued concerns with anticipated parking impacts by not
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providing enough parking spaces on -site for the motel use and ancillary registration
office. The Commission continued the item to a later date and requested the applicants
work on a design solution that would provide additional parking spaces or reduce the
number of units thereby reducing the number of parking spaces required.
SECTION 3. The applicants, after considering and discussing options and alternatives
with staff, decided to maintain the previously proposed site layout, physical building
design and number of motel units but removed the registration office. The applicants
proposed supplemental operational adjustments and parking/vehicle reduction strategies
as part of their second iteration of the project.
SECTION 4. The Planning Commission conducted another duly noticed public
hearing to consider the second iteration of the project with supplemental operational
adjustments and parking/vehicle reduction strategies on August 20, 2019, at which time
testimony and evidence, both oral and written, was presented to and considered by the
Planning Commission. During the deliberations on the project, the Planning
Commission noted that they could not support the project based on there being too many
motel units with not enough on -site parking and that nearby public parking supply is
already strained and would not provide sufficient parking capacity for the project. At the
conclusion of the hearing, the Planning Commission voted 4-1, to deny the project and
adopted PC Resolution 19-14 that evening.
SECTION 5. On August 27, 2019, the City Council, pursuant to Section 2.52.040 of
the Municipal Code, initiated review of the Planning Commission decision.
SECTION 6. Public notice was provided for the October 10, 2019 City Council
hearing. However, Staff needed additional time to complete the report and was unable
to attend the meeting, which had been moved from its regular date to Thursday night
October 10, 2019. Therefore, staff requested the item be continued to the October 22,
2019 hearing and the City Council continued the item to the date certain.
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SECTION 7. The City Council of the City of Hermosa Beach conducted a duly
noticed public hearing to consider the project on October 22, 2019, at which time
testimony and evidence, both oral and written, was presented to and considered by the
City Council.
SECTION 8. All legal prerequisites to the adoption of this Resolution have occurred.
SECTION 9. Pursuant to the California Environmental Quality Act, the City prepared
a Mitigated Negative Declaration (MND) for the proposed project. The MND identified
that potential impacts related to generation of excessive groundborne vibration or
groundborne noise levels were potentially significant, but this impact was determined to
be less than significant with a measure to ensure that vibration levels would be reduced
if they reach a certain level and standard conditions of approval for this project. On May
23, 2019 a notice of intent to adopt a Mitigated Negative Declaration (filing number
2019144257) was recorded and published online on the Los Angeles County Clerk
CEQA Notice page and notice to the public was provided on the City's website the same
day. The 20 day public review period began on May 25, 2019 and ended on June 6, 2019.
No comments were received. A public hearing was held at the time of the Planning
Commission's consideration of the request on June 18, 2019 and August 20, 2019 and a
public hearing was held at the time of the City Council's consideration of the request on
October 22, 2019.
The use of heavy construction equipment has the potential to exceed allowable
groundborne vibration levels. The adjacent residence to the west at 64 10'h Street is a
beach cottage constructed in 1914. Because of the age and historic significance of the
existing structure on site and the adjacent structure, these nearby structures must be
considered especially sensitive to vibration impacts. The proposed Mitigated Negative
Declaration includes a monitoring and vibration reduction measure indicating, "During
the periods of site preparation when heavy equipment (such as a 315 excavator and 953
track loader, or similar) will be in use, vibration levels at site's western property line
adjacent to the neighboring residential structure at 64 10th Street and at or near the
southern foundation of the historic resource on site will be monitored by an acoustic
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engineer. The monitoring shall be performed by a registered engineer of INCE (Institute
of Noise Control Engineering) certified engineer with expertise in vibration monitoring.
In the event that vibration is found to exceed the perceptibility threshold of 001 inches
per second, the methods and/or equipment used on -site shall be immediately modified
to reduce vibration below the 0.01 level. Results of the acoustic monitoring and
associated avoidance methods, if any, shall be provided to the Community
Development Director in the form of a memorandum
prepared by the acoustic engineer in a timely manner."
A condition of approval is also included which provides specificity on how this
mitigation measure must be implemented stating that "Prior to issuance of any type of
construction -related permits, the developer shall provide evidence that a registered
engineer or INCE (Institute of Noise Control Engineering) certified engineer with
expertise in vibration monitoring has been hired, and that the scope of work and
frequency/availability of the engineer is adequate, to the satisfaction of the Community
Development Director."
The Mitigated Negative Declaration prepared for this project reflects the City's
independent judgment and analysis. The City Council finds that, with implementation
of the above -referenced measure which is hereby included as a condition of approval,
there is no substantial evidence that the project would have a significant impact on the
environment and finds the Initial Study and Mitigated Negative Declaration adequate
and complete. The City Council hereby adopts the Mitigated Negative Declaration. The
record of proceedings for this MND are maintained in the Hermosa Beach Community
Development Department 1315 Valley Drive, Hermosa Beach CA 90254.
On May 13, 2019 the City provided a courtesy notification letter to the Gabrieleno Band
of Mission Indians — Kizh Nation Tribe advising them of the revised project at 70 loth
Street (the tribe had been consulted on an earlier iteration of the same project). The only
change to the project previously considered by the Tribe was to the project uses (from
the previously proposed office and retail uses to the current proposed motel use). The
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construction activities and building and site design will be no different. On July 1, 2019
the Tribe agreed with concluding the consultation process for the revised project at 70
101h Street because they consulted on the initial 70 10 h Street project and there is
minimal change to the project uses (from the previously proposed office and retail uses
to the current proposed motel use) and because the construction activities and building
and site design will be no different. As such, the City Council adopts the Mitigated
Negative Declaration.
SECTION 10. General Plan Consistency: PLAN Hermosa, the City's General Plan, was
adopted by the City Council in August 2017. The project supports several PLAN
Hermosa goals and policies that are listed below.
The site is located within the Community Commercial (CC) General Plan land use
area and the purpose is to provide opportunities and locations for uses designed to
serve the shopping, dining, and employment desires of the entire community.
Residential uses are not allowed in this designation as its intent is to promote and
protect retail, office, and service uses that diversify the City's tax base. The
appropriate intensity range is between a Floor Area Ratio of 0.5 to 1.25.
The site is also located within the Downtown District Character Area where the types
of uses are to provide services and activities associated with the local beach culture to
residents as well as visitors to the city. The intent of the Downtown District is to
enhance the building form and orientation while specifically transforming the realm
on Hermosa Avenue. Any new buildings should pay close attention to and contribute
to the high quality pedestrian environment provided throughout Downtown. First floor
street front businesses should include sales tax -generating commercial uses to
promote lively pedestrian activity on Downtown streets. Development along Hermosa
Avenue should conform to recommendations of the Downtown Revitalization
Strategy to realize a town -scale Main Street environment that supports pedestrian
activity and local serving commerce. Many of the unique buildings, streetscape
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features, and public spaces are iconic or historic in nature, and new buildings should
be carefully integrated to retain the town's eclectic charm. In addition, buildings
should be two to three stories in height, cover most or all of the parcel, and may abut
neighboring structures. Development should enhance the area's role as a visitor
destination by facilitating the development of boutique hotels (and motels) that
provide specific benefits to the community. Once Downtown, walking and bicycling
are the primary means for traveling around Downtown while vehicles are
accommodated through consolidated parking lots and metered street parking.
Downtown parking should be provided off -site through public or private shared
parking facilities, with any on -site parking situated to the rear of the buildings and/or
hidden and screened.
The project will have a total Floor Area Ratio of 1.14, and the motel use is an
appropriate use within the CC General Plan land use area and Downtown District and
will provide overnight accommodations and employment opportunities for the entire
community and visitors. The project is pedestrian -oriented with two of the six motel
units provided on the ground floor level. The existing single-family residential
structure will be retained and the new building will be carefully integrated to retain
the town's eclectic charm. The new building will be three stories in height and will
directly abut the neighboring residences at 64 1 Oth Street and 69 1 Oth Court. Required
parking is provided through a mixture of four on -site tuck -under spaces, with payment
of fees in -lieu of providing the two parking spaces on -site. The project is conditioned
to require a bicycle rack for at least eight bicycles be maintained on -site at all times
and that a minimum of four shared bicycles be provided on -site for motel guests and
that the motel promote their availability when making reservations online. The project
incorporates an electric vehicle charging station and designates an area on the roof for
future solar panels. Additionally, the project will comply with the current edition of
the California Building Codes, including the Green Code (Title 24 Part 11) and
Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title
15).
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The project is consistent with the goals and the following policies of the General Plan: Land
Use policies 1.5 (balance resident and visitor needs), 1.6 (scale and context), 1.7
(compatibility of uses), 1.9 (retain commercial land area),1.10 (transition between
uses), 3.1 (unique districts), 5.1 (scale and massing), 5.2 (high quality materials), 5.5
(preservation and adaptive reuse), 5.6 (eclectic and diverse architecture), 6.6 (human
scale buildings), 6.7 (pedestrian oriented design), 6.8 (balance pedestrian and
vehicular circulation), 8.3 (land use regulations), 8.5 (new accommodations), 10.5
(adaptive reuse and sustainable development), Mobility Polices 3.3 (active
transportation), 3.5 (incentivize other modes), 4.3 (reduce impacts), 4.5 (sufficient
bicycle parking), 4.6 (priority parking), 4.8 (ensure commercial parking) and 8.4
(utilize alleys), and Sustainability and Conservation Policy 4.1 (renewable energy
generation).
As noted above, this proposal balances many of the competing interests at issue. The
proposal retains and adaptively reuses the historic structure on the site, which in turn
maintains the scale and harmony of the project with the surrounding neighborhood.
The proposal also redevelops an underutilized and dilapidated property. The proposal
has been reduced in size while still providing these other land use benefits. Therefore,
the project is consistent with and implements
the City's long-term vision provided in the General Plan and the project allows the
City to meet many of its goals.
SECTION 11. Based on the testimony and evidence received, the City Council
makes the following findings pertaining to the application for the Precise
Development Plan pursuant to H.B.M.C. Section 17.58.030:
1. Distance from existing residential uses in relation to negative effects: Two
residential units are located immediately west of the subject property. The rear residence
(69 10th Court) is located at the subject property's west property line and the front
residence (64 1 Oth Street) is located approximately three feet from the subject property's
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west property line. The proposed building is designed with the motel guest entrance/exits
and covered walkways located along the east side of the building (Hermosa Avenue
frontage) which are oriented away from nearby residential uses, and vehicular access is
provided from 1 Och Court. Motels are permitted by right within the C-2 zone and all noise
from the motel use operations will be contained within the fully enclosed building.
Pursuant to HBMC Section 8.24.040, the City's Noise Ordinance restricts commercial
activities that are plainly audible from a residential dwelling unit's property line from
10:00 p.m. to 8:00 a.m. daily. Lighting will be installed around the building and is
required to be downcast so to not disturb neighboring residential uses. The project is
conditioned to require lighting be downcast and be non -disruptive to nearby uses.
Lighting shall conform to HBMC Section 17.44.160(C).
The existing single-family 1911 bungalow structure will be adaptively re -used as one
of the motel units, and to maintain the historic integrity of the structure, no physical
changes are proposed. The majority of the motel use will be conducted indoors, with
the exception of the front porch which will be available to the guests of the motel's
single unit. The interior of the structure is being converted from three bedrooms to two
bedrooms and the previously proposed 212 square foot ancillary registration office on
the first floor will now be used as additional living room area. An off -site property
management company will assist with concierge services and tenant check in and
checkout. Daily cleaning services will be provided by an outside cleaning service
whose employees will be dropped off and picked up. The motel units will be
"smart units" where the renters will be able to access information and pay online. All
units will be keyless entry. Therefore, negative impacts to existing residential uses are
not anticipated.
2. The amount of existing or proposed off-street parking in relation to actual need.
See SECTION 11 findings detailed below.
3. The combination of uses proposed, as they relate to compatibility: The subject site
will contain a total of six motel units. The single-family residence will be converted to
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one of the motel units. Motels are permitted by right within the C-2 zone, and all noise
from the motel use operations will be contained within the fully enclosed building. The
on -site motel use is consistent with the surrounding mixture of commercial uses such
as general and medical office, retail and restaurant uses. Therefore, adverse impacts are
not anticipated.
4. The relationship of the estimated generated traffic volume and the capacity and
safety of streets serving the area: The project will not introduce any hazards to
mobility, as alterations to the surrounding streets are not proposed and the project's
proposed modifications will not impact emergency access to the site. Emergency access
and fire lanes and ingress and egress points will be maintained in full compliance with
the Building and Safety Code and Fire Code. The project does not propose any features
or modifications to existing circulation facilities that would have the potential to
conflict with transportation/mobility plans. Additional peak hour trips generated by the
proposed project are expected to be two additional trips during a.m. and p.m. peak hours
which is well below the standard threshold of significance of 50 trips during a peak
hour, indicating the project does not have the potential to result in significant impacts
related to the capacity of local or regional roads or intersections. Therefore, adverse
impacts are not anticipated.
5. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area: The new commercial building will be detached and
located approximately six feet behind the existing on -site single-family residence. In
doing so, the project will preserve the small scale character as viewed from IOth
Street. Although the new building is not required to be compatible with the bungalow
or the eligible historic district in
scale or massing, it is important that the new building does not impact the integrity of
the eligible 1 Oth Street Beach Bungalow Historic District to the extent that the district
would no longer be eligible for historic listing. Architectural treatments and design
elements include painted lap siding, wood trim, wood picket railing, exposed rafter tails,
masonry walls and covered and recessed walkways and balconies to provide a more
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pedestrian friendly streetscape. The elevator housing unit will exceed the 30-foot height
limit by the minimum amount necessary to meet the California Building Code
(approximately 3.66 feet) pursuant to HBMC Section 17.46.010 and will occupy less
than 5% of the roof area (approximately 3.45%). No signage is currently proposed. The
project is conditioned to require a sign permit for new signage at the subject site in
conformance with HBMC Section 17.50.
6. Building and driveway orientation in relation to sensitive uses, e.g., residences and
schools: The proposed building is designed with the motel guest entrance/exits and
covered walkways located along the east side of the building (Hermosa Avenue
frontage) which are oriented away from nearby residential uses. The project will
maintain the existing vehicular access point provided by a driveway along the south
alley (IOth Court). The vehicular ingress/egress point is oriented to the south, across
from an existing commercial building, where it is least impactful to nearby residences
and will additionally limit impacts to street traffic on Hermosa Avenue. No new curb
cuts are proposed and all on -street parking spaces will be preserved. No impacts are
anticipated. The new building which abuts the Hermosa Avenue sidewalk will be
recessed back approximately three to six feet and will contain covered walkways to
provide a more pedestrian oriented frontage along Hermosa Avenue.
7. Noise, odor, dust and/or vibration that may be generated by the proposed use: The
short duration of noise events generated during the anticipated 12-18 month
construction period will temporarily result in increased ambient noise levels, but will
not significantly impact the ambient noise environment over the long term or for a
significant period of time. Compliance with the City's Noise Ordinance will effectively
ensure that the project does not exceed adopted standards and successfully avoids
significant construction -related temporary noise impacts. Motels are permitted by right
within the C-2 zone, and all noise from the motel use operation will be contained within
the fully enclosed building, with the exception of the front porch (fronting along IOch
Street) which will be available to the guests of the motel's single unit. The interior of
the structure is being converted from three bedrooms to two bedrooms and the
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previously proposed 212 square foot ancillary registration office on the first floor will
now be used as additional living room area. An off -site property management company
will assist with concierge services and tenant check in and checkout. Daily cleaning
services will be provided by an outside cleaning service whose employees will be
dropped off and picked up. The motel units will be "smart units" where the renters will
be able to access information and pay online. All units will be keyless entry. As such,
significant noise impacts from the long-term operations are not anticipated.
The use of heavy construction equipment has the potential to exceed allowable
groundborne vibration levels. The adjacent residence to the west at 64 loth Street is a
beach cottage constructed in 1914. Because of the age and historic significance of the
existing structure on site and the adjacent structure, these nearby structures must be
considered especially sensitive to vibration impacts. The Mitigated Negative
Declaration requires compliance with a mitigation measure requiring that, "During the
periods of site preparation when heavy equipment (such as a 315 excavator and 953
track loader, or similar) will be in use, vibration levels at site's western property line
adjacent to the neighboring residential structure at 64 loth Street and at or near the
southern foundation of the historic resource on site will be monitored by an acoustic
engineer. The monitoring shall be performed by a registered engineer of INCE (Institute
of Noise Control Engineering) certified engineer with expertise in vibration monitoring.
In the event that vibration is found to exceed the perceptibility threshold of 001 inches
per second, the methods and/or equipment used on -site shall be immediately modified
to reduce vibration below the 0.01 level. Results of the acoustic monitoring and
associated avoidance methods, if any, shall be provided to the Community
Development Director in the form of a memorandum prepared by the acoustic engineer
in a timely manner."
The project is conditioned to require the applicant submit a demolition and
construction management plan for review and approval by the City Building Official
at time of Building Permit submittal. The project is also conditioned to require the
applicant to hold a pre -demolition/ construction meeting.
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HBMC Section 8.12 requires adequate solid waste collection and disposal facilities for
all developments. A minimum four cubic yard roll off container is needed for the six -
unit motel use. A fully enclosed trash enclosure with a roof will be provided along the
west side of the existing structure where the container can be rolled to the edge of the
property along 101h Street. Although that space is not large enough to meet the minimum
dimensions for a standard or compact parking stall, the area has been informally used
to park vehicles, such as a golf cart. The applicant proposes to provide parking spaces
for two neighborhood electric vehicles (golf carts) at the northwest corner of the
property with one vehicle provided on -site for motel guests. The project is conditioned
to require the area be adequately signed to limit parking to two tandem neighborhood
electric vehicle spaces and that the applicant provide one vehicle on -site for motel
guests. Therefore, with implementation of the mitigation measure and various
conditions of approval, adverse impacts are not anticipated.
8. Impact of the proposed use to the city's infrastructure, and/or services:
The existing site has available utilities and services. The site has historically been
occupied by a residential use. The City's Public Works Department has confirmed that
that adequate capacity exists to provide utilities for the proposed development.
9. Adequacy of mitigation measures to minimize environmental impacts in
quantitative terms:
An Initial Study and Mitigated Negative Declaration was prepared to analyze the
proposed project. The Initial Study/Mitigated Negative Declaration determined that,
with implementation of one mitigation measure (included as a condition of approval
within this resolution), the project will not result in any significant environmental
impacts.
10. Other considerations that, in the judgment of the Planning Commission, or City
Council on reconsideration, are necessary to assure compatibility with the
surrounding uses, and the city as a whole.
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The project is conditioned such that upon final approval of the Precise Development Plan the
property owner shall be required to file with the City of Hermosa Beach the necessary business
license for the motel use and file the transient occupancy tax (TOT) reports and payments with
the City of Hermosa Beach.
The applicants propose to install an electric vehicle charging station and the adjacent
parking space will be non-exclusive and may be occupied by a non -electric vehicle.
In addition, an area on the roof has been designated for future solar panels. The size
and quantity of panels will be determined at time of plan check and are subject to a
separate permit. Additionally, the project will comply with the current edition of the
California Building Codes, including the Green Code (Title 24 Part 11) and Energy
Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15).
The project energy consultant will prepare calculations to illustrate compliance with
the minimum standards to meet code. The California Building Codes and Green and
Energy Codes require installation of building insulation, energy windows,
occupancy/vacancy sensors on outlets and light fixtures, motion sensor light fixtures
within stairways, energy efficient light fixtures (LED or florescent) throughout the
interior and exterior and require compliance with mandatory star rated energy efficient
mechanical systems, appliances, and electronics such as televisions to ensure no
wasteful, inefficient, or unnecessary energy consumption. Therefore, the project will
not result in wasteful, inefficient or unnecessary consumption of energy. While the
proposal is not perfect due to limited space for parking on this constrained site, this
proposal balances so many of the competing interests at issue here. The proposal
retains and adaptively reuses the historic structure on the site, which in turn maintains
the scale and harmony of the project with the surrounding neighborhood. The proposal
also redevelops an underutilized and dilapidated nonconforming property. The
proposal has been reduced in size while still providing these other land use benefits.
SECTION 12. Based on the testimony and evidence received, the City Council
makes the following factual findings pertaining to the application for a Parking
Plan pursuant to HBMC Section 17.44.210:
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A Parking Plan is requested to allow the six -space parking requirement to be met
with four on -site spaces (including one tandem space) plus payment of fees in -lieu of
providing two parking spaces on -site.
HBMC Section 17.44.210 provides that a Parking Plan may be approved to allow for
a reduction in the number of spaces required. The proposal is to allow this reduction
both through payment of fees in -lieu of providing all required spaces on -site and for
use of a tandem parking space to count towards required parking. Pursuant to HBMC
Section 17.44.210 "The applicant shall provide the information necessary to show
that adequate parking will be provided for customers, clients, visitors and employees
or when located in a vehicle parking district, the applicant shall propose an in -lieu
fee according to requirements of this chapter." Factors such as the following shall be
taken into consideration: van pools, bicycle and foot traffic, common parking
facilities, varied work shifts, valet parking, unique features of the proposed uses,
peak hours of the proposed use as compared with other uses sharing the same parking
facilities especially in the case of small restaurants or snack shops in the downtown
area or in multi -tenant buildings, and other methods of reducing parking demand.
The property is located within the Downtown District where the General Plan
emphasizes and supports the following parking design goals: A park -once district that
allows centralized, shared parking facilities providing pedestrian connections at
multiple destinations; and parking should be provided off -site through public or
private shared parking facilities, with any on -site parking situated to the rear of the
buildings and/or hidden and screened.
General Plan Mobility Goal 4 aims to provide innovative parking supply solutions
which will be used to provide a variety of services tailored to different users in addition
to adopting policies that will incentivize targeted business and commercial
development of shared parking solutions. Policy 4.1 aims to facilitate park -once and
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shared parking policies among private developments that contribute to a shared
parking supply and interconnect with adjacent parking facilities.
HBMC Section 17.44.040(E) pertaining to in -lieu parking explicitly states "When the
city council provides for contributions to an improvement fund for a vehicle parking
district in lieu of parking spaces so required, said in -lieu fee contributions shall be
considered to satisfy the requirements of this chapter." This reflects an agreement
with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP)
(certified in 1981 and amended as recently as 2004), establishing an approved
program for payment of fees in -lieu of providing all required parking on -site. The
basic concept is to allow for the development of smaller properties in the downtown
where it is not possible or not practical to provide all required parking on -site.
Currently the fee amount is $28,900 per required parking space not provided on -site.
The fee was established by resolution of the City Council and was based on an
appraisal completed in July 2006. The in -lieu funds are used to mitigate increased
parking demand. The threshold limit was established at 100 parking spaces in 1982
and the City has not yet reached this threshold. To date, the City has approved and
collected payment of fees in -lieu for 66 parking spaces. If the applicant's request to
pay fees in -lieu of providing the two parking spaces on -site is approved then the City's
inventory of available in -lieu spaces will be reduced to 32. Once the City reaches the
100 space threshold additional parking must be constructed or, no additional in -lieu
parking may be authorized.
The following is a list of the largest in -lieu parking requests approved by the City to
• 20 spaces at 1301 Hermosa Avenue;
• 16 spaces at 906-910 Hermosa Avenue;
• 13 spaces at Pier Plaza;
• 7 spaces at 1429 Hermosa Avenue;
• 5 spaces at 51 Pier Avenue; and
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• 5 spaces at 117 Pier Avenue.
Motels require one space for each unit. The proposed project will consist of six motel
units which requires a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b.
requires building sites, where buildings will exceed a 1:1 gross floor area to building
site area ratio, to provide a minimum of 25% of the required parking on -site with the
remaining required parking authorized to be paid through fee in -lieu contributions with
approval of a Parking Plan. In addition, a minimum of two parking spaces (25% of six
spaces) must be provided on -site, and the proposal is that four parking spaces (66.67%)
be provided on -site. The proposed parking is sufficient to satisfy parking demand
during peak periods especially with the proposed parking reduction strategies. The
applicant also requests the use of one tandem parking space as a method to provide
required parking that is planned to be managed through discount pricing for the tandem
space and coordination with off -site management.
The motel will provide the following operational adjustments and parking/vehicle
reduction strategies:
• Provide two on -site neighborhood electric vehicles,
• Require that two vehicle free units be provided whenever the property is more than
65% occupied,
• Provide discounts for all occupants that are vehicle free,
• Remove the ancillary registration office/concierge room,
• Contract with a local real estate broker and property management firm and local
cleaning service offering drop-off and pick-up of cleaning staff, and
• Require keyless entry for all rooms (which reduces the need for 24-hour on -site
registration staffing).
The City's Parking and Traffic consultant provided that peak parking demand for
motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily.
Motel uses have peak times which coincide with times of the week where public parking
is more available when compared to general retail and office uses. The nearest public
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surface parking lot, which contains 130 parking spaces, is located approximately 1
block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking
spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive,
and is approximately two and a half blocks (750 feet) away. The public parking
structure containing 261 parking spaces located at 13th Street and Hermosa Avenue
(Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking
lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings
and weekend afternoons. Public parking spaces are provided throughout the Downtown,
which is located within Zone 2 of the Coastal Zone public parking supply (between
16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a
combination of public parking lots and metered street parking spaces, occupancy rates
range between 51 % and 62% during weekday evenings and weekend afternoons.
Alternative transportation options for motel occupants which may provide parking
relief, include ride sharing services (Uber and Lyft) and bus lines 130 and 109 which
have stops along Hermosa Avenue. The Parking Analysis conducted for the proposed
Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20,
30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel
(containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there
were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a
large portion of motel guests may arrive via Uber/Lyft. Additionally, the applicant has
proposed special rates for carless visitors and the location is ideal of guests to walk to
many local amenities, including the beach, restaurants and other activities.
A bicycle rack accommodating eight bicycles will be located near the southeast corner
of the existing structure. The project is conditioned to require that a bicycle rack, for at
least eight (8) bicycles, be maintained on -site at all times and that a minimum of four
(4) shared bicycles be provided on -site for motel guests and that the motel promote their
availability when making reservations online.
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Given the site constraints, fees in -lieu of parking are appropriate and parking reduction
measures offered by the applicant further support that the project is adequately parked
and the parking plan should be approved. As such, the applicant has demonstrated to
the City Councils' satisfaction that adequate parking will be provided and in
conjunction with the in -lieu fee, justify approval of the Parking Plan to allow the six -
space parking requirement to be met with four on -site spaces (including one tandem
space) plus payment of fees in -lieu of providing the two parking spaces on -site.
SECTION 13. Based on the foregoing, the City Council hereby overturns the
Planning Commission's decision to deny the project and approves the proposed
Precise Development Plan 19-2 and Parking Plan 19-2 subject to the following
Conditions of Approval:
1. The project consisting of a six -unit motel development shall be substantially
consistent with plans and application submitted and approved by the City Council on
October 22, 2019, as modified per subsection 1 a-h to the satisfaction of the Community
Development Director and consistent with this approval. The Community
Development Director shall review and may approve minor modifications that do not
otherwise conflict with the Municipal Code or requirements of this approval, provided
that the use is not changed, intensity of use is not increased and the arrangement of
space would not increase negative impacts. Any substantial deviation, changes to the
floor plan, site plan, or building exterior which alter the primary function of the use as
a motel shall be subject to review and approval by the Planning Commission.
a. The front northwest corner of the property, west of the historic structure, shall
be dedicated and adequately identified with surface paint as well as vertical
(building or pole mounted) signage to accommodate parking spaces for two (2)
tandem neighborhood electric vehicles (golf carts) on -site, to the satisfaction
of the Community Development Director.
b. At least one (1) neighborhood electric vehicle shall be provided on -site for
motel guests.
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c. The previously proposed 212 square foot ancillary registration office/concierge
room shall be used as additional living room area.
d. Two vehicle -free units shall be provided whenever the property is more than
65% occupied (four units may utilize vehicles & two units shall be vehicle
free).
e. Discounts shall be provided for all occupants of the motel that are vehicle
free.
f. A local off -site property management firm shall be utilized to provide
services to guests and to maintain the welfare of the residents, and/or
commercial and residential establishments nearby.
g. An off -site local cleaning service shall provide all cleaning services and
employees shall solely be dropped off and picked up.
h. All motel units shall be keyless entry "smart units".
2. Prior to the submittal of structural plans to the Building Division for Plan
Check the permittee and the owners of the property involved shall file at the office of
the Planning Division of the Community Development Department an Affidavit of
Acceptance stating that they are aware of, and agree to and accept, all of the conditions
of this permit. The permittee shall record with the Los Angeles County Recorder's
Office the Affidavits of Acceptance and Resolution(s), and proof of recordation shall
be submitted to the Community Development Department prior to the issuance of a
building permit.
3. Upon final approval of the Precise Development Plan and Parking Plan the
property owner shall file with the City of Hermosa Beach the necessary business license
for the motel use and file the transient occupancy tax (TOT) reports and payments with
the City of Hermosa Beach.
4. Prior to the final of building permits, the applicant shall submit to the
Community Development Director for review and approval a business
management plan that includes the following:
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a. Identify all reasonably prudent business practices that the owner or owner's
authorized agent will use to ensure that occupants and/or guests will occupy
the motel in a manner that complies with all applicable laws, rules,
regulations, and permits.
b. Identify all reasonably prudent business practices to ensure that the
occupants and/or guests of the motel do not create unreasonable noise or
disturbances, engage in disorderly conduct or illegal activity, or violate any
applicable law, rule or regulation pertaining to the use and occupancy of the
motel. Upon notification that any occupant or guest of the motel has created
unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of any applicable, law, rule or regulation pertaining to
the use and occupancy of the motel, respond in a timely and appropriate
manner to immediately halt or prevent a recurrence of such conduct.
c. Provide the name, address and telephone number of a local contact person
who shall be available 24 hours per day, seven days per week for the purpose
of responding to City staff and other motel guest calls pertaining to
complaints regarding the condition, operations, or conduct of occupants of
the motel or their guests and if directed by City staff, to personally proceed
on -site within thirty (30) minutes from the call to resolve the problem.
d. Identify all reasonably prudent business practices to ensure that the motel is
used for overnight accommodations purposes only. This shall include using
all prudent business practices to prohibit the rental to commercial party
businesses.
5. Prior to occupancy of a room within the motel, the owner or the owner's
authorized agent shall obtain the contact information of the renter. This shall include
name, address, phone number, and email. This information shall be maintained by the
owner or the owner's authorized agent for a period of one year and be made available
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upon request to any officer of the City responsible for the enforcement of any
provision of the municipal code or any other applicable law, rule or regulation
pertaining to the use and occupancy of the motel.
6. The applicant shall obtain and provide evidence to the Community Development Director
of an approved Coastal Development Permit prior to issuance of the building permit.
7. In order to compensate for a lack of required parking on -site, the applicant shall
contribute fees to the City's parking improvement fund in -lieu of the additional
required two (2) parking spaces, as set forth in HBMC Section 17.44.040(E) of the
Zoning Ordinance, at the amount of $57,800 as set forth by resolution of the City
Council. The payment of fees in -lieu of required parking shall be made prior to
issuance of building permits.
8. The motel shall provide four parking spaces on -site at all times.
a. The parking lot shall be designed and striped in compliance with HBMC
Chapter 17.44.
9. The parking lot shall be fully available for and limited to motel guest parking during
all hours of operation. A bicycle rack for at least eight (8) bicycles shall be
maintained on -site at all times.
a. A minimum of four (4) shared bicycles shall be provided on -site for motel
guests and the motel shall promote their availability when making reservations
online.
10. Prior to issuance of any type of construction -related permits, the developer shall
provide evidence that a registered engineer or INCE (Institute of Noise Control
Engineering) certified engineer with expertise in vibration monitoring has been
hired, and that the scope of work and frequency/availability of the engineer is
adequate, to the satisfaction of the Community Development Director.
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11. During the periods of site preparation when heavy equipment is used (such as a 315
excavator and 953 track loader, or similar), vibration levels at the project site's
western property line adjacent to the residential structure at 64 1Oth Street and at or
near the southern foundation of the historical residence on -site, shall be monitored
by an acoustic engineer. The monitoring shall be performed by a registered
engineer or INCE (Institute of Noise Control Engineering) certified engineer, with
expertise in vibration monitoring. In the event that vibration is found to exceed the
perceptibility threshold of 0.01 inches per second, the methods and/or equipment
used on -site shall be immediately modified to reduce vibration below the 0.01 level.
Results of the acoustic monitoring and associated avoidance methods, if any, shall
be provided to the Community Development Department in the form of a
memorandum prepared by the acoustic engineer in a timely manner.
12. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be reviewed
at the time of plan check, to the satisfaction of the Community Development Director.
13. The elevator housing unit shall be subject to Hermosa Beach Municipal Code
Section 17.46.010 and shall occupy no more than 5% of the total roof area.
14. All exterior lighting shall be downcast and fully shielded, and illumination
shall be contained within the property boundaries. Lighting shall be energy -conserving
and motion detector lighting shall be used for all lighting except low-level (three feet
or less in height) security lighting and porch lights. Lamp bulbs and images shall not
be visible from within any onsite or offsite residential unit. Exterior lighting shall not
be deemed finally approved until 30 days after installation, during which period the
Building Official may order the dimming or modification of any illumination found to
be excessively brilliant or impacting to nearby properties.
15. Lighting for signage must be downcast and non -disruptive to nearby uses and
compliant with HBMC Section 17.50 (Signs).
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16. A sign permit shall be obtained for new signage at the subject site in conformance with
HBMC Section 17.50.
17. A trash enclosure facility with roof, capable of accommodating a minimum four -yard
roll off container shall be located along the west side of the existing structure, subject
to review and approval of the Community Development Director.
18. The exterior of the premises shall be maintained in a neat and clean manner,
and maintained free of graffiti at all times.
19. Noise emanating from the property shall be within the limitations prescribed
by the City's Noise Ordinance HBMC Chapter 8.24 and shall not create a nuisance to
surrounding residential neighborhoods, and/or commercial establishments.
20. The establishment shall not adversely affect the welfare of the residents, and/or
commercial and residential establishments nearby.
21. The project must comply with Storm Water and Urban Runoff Pollution
Control Regulations (HBMC Ch. 8.44) and install permeable surfaces in the parking lot
and other non -landscaped areas to the maximum extent feasible. If providing water -
permeable surfaces on at least 50% of exterior surface area is not feasible and
incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of
runoff produced by a 0.80 inch twenty-four (24) hour rain event, then the applicant shall
infiltrate runoff on -site. In the event that subsurface infiltration is required, plans shall
designate the exact location of the subsurface infiltration system, the applicant shall
enter into a maintenance agreement with the City (prior to final map approval) for the
ongoing infiltration, and provide a surety bond to the City to guarantee that on -site,
subsurface infiltration is achieved. The amount of the bond shall be determined by the
Building Division. All other drainage shall be routed to an off -site facility or on -site
permeable area approved by the City. To the extent possible, a portion of roof drainage
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shall be routed to on -site permeable areas. No drainage shall flow over any driveway
or sidewalk. Low Impact Development calculations and documentation such as
Appendix D and E of the Storm Water LID Guidelines must be submitted to the Public
Works Department at time of grading and plan check along with an erosion control
plan.
22. If the drainage of surface waters onto the property requires a sump pump to
discharge said waters onto the street, the property owner(s) shall record an agreement to
assume the risk associated with use and operation of said sump pump, release the City
from any liability, and indemnify the City regarding receipt of surface waters from the
property. The recorded agreement must be filed with the City prior to issuance of the
Certificate of Occupancy.
23. The project and operations shall comply with all requirements of the Building
Division, Public Works Department and Fire Department, and the City of Hermosa
Beach Municipal Code.
24. Building plans shall be submitted to the Los Angeles County Fire Department
for review and approval. Final fire inspections shall be coordinated with the Los
Angeles County Fire Department.
25. The project shall maintain in conformance with all other applicable regulatory
agency requirements and standards, including but not limited to: Los Angeles County
Health Department, California Disabled Access Standards (Government Code Title 24),
and Los Angeles County National Pollutant Discharge Elimination System Permit
(NPDES).
26. The applicant shall submit a demolition and construction management plan
(and shall hold a pre-demolition/construction meeting) for review and approval to the
City Building Official at time of Building Permit submittal.
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a. Prior to issuance of a Building Permit, abutting property owners and residents
within 100 feet of the project site shall be notified of the anticipated date for
commencement of construction.
b. The form of the notification shall be provided by the Planning Division of the
Community Development Department.
c. Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
d. Project construction shall conform to the Noise Control Ordinance
requirements in Section 8.24.050. Allowed hours of construction shall be
printed on the building plans and posted at construction site.
e. During construction traffic control measures, including flagmen, shall be
utilized to preserve public health, safety, and welfare.
27. The applicant shall submit all required plans and reports to comply with the
City's construction debris recycling program including manifests from both the recycler
and County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
28. Civil engineering plans shall be prepared by a licensed civil engineer and
conceptually approved by the Public Works Department prior to submitting an
application for Building Permits. Complete civil engineering plans shall address grading,
undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on -
site and off -site drainage (no sheet flow permitted), installation of utility laterals, and all
other improvements necessary to comply with the Municipal Code and Public Works
specifications and shall be filed with the Community Development Department.
29. Civil engineering plans shall include adjacent properties/structures, sewer
laterals, and storm drain main lines on street.
30. Project construction shall protect private and public property in compliance
with Sections 15.04.070 and 15.04.140. No work in the public right of way shall
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commence unless and until all necessary permits are attained from the Public Works
Department including if required, an approved Residential or Commercial
Encroachment Permit.
31. Sewer flow rate for upstream and downstream manhole along with manhole
rim/lid elevations must be submitted prior to grading and plan check. Sewer lateral video
must be submitted with plan check submittal, if the developer plans to use the existing
sewer lateral. Sewer lateral work may be required after review of the sewer lateral video.
32. The practice of washing and rinsing floor mats, equipment, tables, etc., or
discharge of any liquids, other than Stormwater, onto the public right-of-way, into the
parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash
water shall be limited to the sanitary sewer.
33. Exterior and interior water use shall comply with HBMC Chapter 8.56.
34. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this permit and any law, statute, ordinance or other
regulation hereafter adopted that is 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.
35. 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 Precise Development Plan.
36. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the City Council, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be
requested. No extension shall be considered unless requested, in writing to the
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Community Development Director including the reason therefore, at least 60 days prior
to the expiration date. No additional notice of expiration will be provided.
SECTION 13. This permit 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 an Affidavit of Acceptance stating that they are
aware of, and agree to and accept, all of the conditions of this permit.
The Precise Development Plan and Parking Plan shall be recorded with the Affidavit of
Acceptance, and proof of recordation shall be submitted to the Community
Development Department prior to the issuance of a building permit.
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.
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 permit or 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 permit. 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.
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SECTION 14. 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.
SECTION 15. Based on the foregoing, the City Council hereby APPROVES
Precise Development Plan 19-2 and Parking Plan 19-2, overturning the Planning
Commission's denial, and approving the project.
SECTION 16. This Resolution shall take effect immediately. The City Clerk
shall certify to the passage and adoption of this Resolution; shall cause the original of
the same to be entered among the original resolutions of the City Council; shall make
a minute of the passage and adoption thereof in the minutes of the City Council
meeting at which the same is passed and adopted; and shall transmit a copy of this
Resolution to the Applicant.
PASSED, APPROVED and ADOPTED this 22"a day of October, 2019.
PRESIDENT of the City
ATTEST:
FORM:
City Clerk
YOR of the City of Hermosa Beach, California
APPROVED AS TO
City Attorney
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19-7217
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Tanesha Hudson, Senior Office Assistant, Office of the City Clerk of the City of
Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 19-7217 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 October 22, 2019 by the following vote:
AYES:
Duclos, Massey, Mayor Pro-Tempore Campbell
NOES:
Mayor Armato
ABSENT:
Fangary
ABSTAIN:
None
Dated: October 22, 2019
J.
anesha Hudson, SenO Office Assistant
Office Of the City Clerk