HomeMy WebLinkAboutRES 20-7234 (DEVELOPMENT PLAN AMENDMENT)2
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RESOLUTION NO. 20-7234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO
APPROVE A PRECISE DEVELOPMENT PLAN AMENDMENT TO CONVERT A
VACANT RESTAURANT SPACE (FORMERLY OCCUPIED BY ABIGAIL'S) AND
RETAIL SPACE (CURRENTLY OCCUPIED BY MIKE'S GUITAR PARLOR) TO
EXPANDED AND REMODELED OFFICE SPACE WITH FACADE MODIFICATIONS,
RESULTING IN A NEW EXPANSION OF 2,916 SQUARE FEET AT AN EXISTING
COMMERCIAL BUILDING LOCATED AT 1301 MANHATTAN AVENUE, AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES
HEREBY RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was filed by Frank Buckley on behalf of Marlin Equity Partners
for a Precise Development Plan Amendment 20-1 to convert a vacant restaurant space (formerly
occupied by Abigail's) and retail space (currently occupied by mike's guitar parlor) to expanded
and remodeled office space with fagade modifications, resulting in a new expansion of 2,916
square feet at an existing commercial building located at 1301 Manhattan avenue, and
determination that the project is categorically exempt from the California Environmental Quality
Act (CEQA).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application on April 21, 2020, at which time testimony and evidence, both oral and
written, was presented to and considered by the Planning Commission. The Planning
Commission approved the application unanimously as presented by staff.
Section 3. On April 28, 2020, the City Council, pursuant to Section 2.52.040 of the
Municipal Code, initiated review of the Planning Commission decision.
Section 4. On May 26, 2020, the City Council held a duly noticed public hearing to
review the Planning Commission's decision, at which time testimony and evidence, written and
oral, and the record of the decision of the Planning Commission was presented to and considered
by the Council. The City Council considered a request, as approved by the Planning Commission
to convert a vacant restaurant space (formerly occupied by Abigail's) and retail space (currently
occupied by mike's guitar parlor) to expanded and remodeled office space with fagade
modifications, resulting in a new expansion of 2,916 square feet.
Section 5. Pursuant to the California Environmental Quality Act, the project is
Categorically Exempt from the California Environmental Quality Act as defined in Section
15301(e)(2), Class 1 Exemption of the CEQA Guidelines. Class 1 exemptions include
modifications to existing structures that include a negligible expansion. Guideline Section
15301(e)(2) limits the increase to no more than 10,000 square feet, if the project is in an area
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where all public services and facilities are available to allow for maximum
development permissible in the General Plan and it is not located within an environmentally
sensitive area. The proposed project meets all of these criteria. Moreover, none of the
exceptions to the Categorical Exemption apply; nor will the project result in a significant
cumulative impact of successive projects of the same type in the same place over time, or have
a significant effect on the environment due to unusual circumstances, or damage a scenic
highway or scenic resource within a state scenic highway. The site is not located on a hazardous
waste site and will not cause a substantial adverse change in the significance of a historical
resource.
Section 6. Based on the testimony and evidence received, the City Council makes the
following findings pertaining to the application for the Precise Development Plan Amendment
pursuant to the criteria in Hermosa Beach Municipal Code (HBMC) Section 17.58.030
1. Distance from existing residential uses in relation to negative effects;
The subject property is located approximately 80 feet from the nearest (R-3) Multiple -Family
Residential zone to the north of the subject site. In addition, the property directly to the north
contains an existing legal nonconforming Multiple -Family residential condominium located
within the (C-2) Downtown Commercial Zone. The proposed general office use is expected to
be less impactful than the existing restaurant use. General offices typically operate between 8:00
am ad 6:00 pm, whereas the restaurant space is authorized for late night operations. The proposed
office use will also continue to be conducted wholly indoors within the building, unlike the
former restaurant that had outdoor dining. Outdoor uses, within the existing and proposed
outdoor terrace, are incidental to the office use and will serve as a break area for employee use
only. Conditions of approval have been incorporated into this resolution to limit outdoor uses
and prohibit events within the existing and proposed outdoor terrace.
2. The amount of existing or proposed off-street parking in relation to actual need;
The existing commercial building contains a mixture of retail, restaurant, and office tenants.
When the project was originally approved in 1996 the project was deemed conforming to parking
requirements (77 spaces required and provided). Due to code amendments overtime, parking
requirements have increased, rendering the existing building and mixture of uses as legal
nonconforming to parking requirements (98 spaces are now required and 77 spaces are provided).
The proposal to convert all existing uses to general office and the additional square footage for
general office will bring the building into compliance with current parking standards. The City,
through 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), approved a temporary parking
reduction for office and retail. However, the agreement has since expired and parking standards
have reverted back to the one space per 250 square feet of gross floor area parking ratio. After
the proposed addition, the building will be 18,478 square feet. Since general office is parked at
one space for every 250 square feet of gross floor area, this building is required to provide 74
parking spaces. The applicant will maintain the existing 77 off-street parking spaces on -site. Of
the 77 off-street parking spaces, 21 parking spaces are compact spaces and 2 spaces will be
provided in tandem. Pursuant to HBMC Section 17.44.100(C), "[p]arking lot design standards
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for commercial and manufacturing uses are amended to allow the inclusion of thirty (30) percent
compact car spaces in lots of ten or more stalls." Thus, no more than 22 spaces can be compact.
The existing and proposed outdoor terrace will not increase parking demands because the outdoor
use is incidental to the office use and will serve as a break area for employees only. Pursuant to
HBMC Section 17.26.050(B)(3), "[w]here incidental uses are not conducted within a building,
no part of the area devoted to the incidental uses shall be considered as part of the required
parking facilities." Therefore, no additional parking spaces are required for the incidental outdoor
3. The combination of uses proposed, as they relate to compatibility;
A mixture of tenants/uses can result in various land use impacts. The approved use mixture
includes retail, restaurant, personal service, and general office. The approved uses have different
operation hours and parking requirements, which affect parking and traffic impacts on
surrounding properties. The proposal to convert all existing uses to general office will reduce the
potential conflict between uses and their operations. The proposed office building will be
occupied by a single tenant, allowing the building to operate under consistent business operation
hours. Further, and as noted in Criteria 1, 2, 7 and 8, this approval will not result in other potential
impacts.
4. The relationship of the estimated generated traffic volume and the capacity and safety of
streets serving the area;
The project will not impact traffic volume or the capacity or safety of streets serving the area as
the project is converting existing retail and restaurant uses to general office. Retail and restaurant
uses typically generate higher peak hour traffic and average daily traffic than general office uses.
Furthermore, the parking requirements for general office is lower, resulting in the site being
brought into compliance with the City's parking standards.
5. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area;
The building will be occupied by a single tenant, Marlin Equity Partners. The applicant intends
to remove all existing signage from the previous tenants (Abigail's and Mike's Guitar Shop).
Although a Comprehensive Sign Program is not required for a single tenant building, all proposed
signs will be reviewed under a separate permit to insure compliance with applicable code
sections.
The proposed architectural finishes will be compatible with the existing building elevations.
Fagade finishes along the main pedestrian entrance abutting Manhattan Avenue, include ultra -
clear glass windows and doors, and wood siding to match the existing architectural elements.
Materials along the east building elevation are designed to integrate the project with surrounding
pedestrian orientated businesses along Pier Avenue. The project's proposed ultra -clear glass
windows and doors will facilitate visual interaction between the streetscape and the proposed
office use.
The proposed design is consistent with the pedestrian orientation of the area. The applicant's
design proposes over 80 percent glazing in the east building elevation, which is visible from the
pier avenue intersection. "Glazing" means a transparent part of a wall, typically made of glass or
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plastic, in order to maximize visibility for the pedestrian on the sidewalk. The glazing will
encourage the interaction of the streetscape and the interior of the business. Visibility of indoor
activities from the sidewalk will assist in making the area pedestrian friendly. The proposed
design is therefore compatibly with both residential and commercial uses and the glass doors,
windows, and landscape features adjacent to the sidewalk create accessibility and visibility for
pedestrians.
6. Building and driveway orientation in relation to sensitive uses, e.g., residences and
schools;
The proposed project has been designed so that all entrances, driveways and outdoor uses are
facing directly east towards Manhattan Avenue or directly west towards the alley (Palm Drive)
and are orientated away from residential uses to the north of the subject site. The primary
pedestrian entrance remains fronting Manhattan Avenue and driveway entrances to the two -level
parking structure are accessed from Manhattan Avenue and the alley, Palm Drive. The existing
and proposed outdoor terrace is located on the southwest side of the building, and is orientated
towards views of the ocean and away from residential uses and zones located to the north.
Planning Commission has incorporated a condition of approval stating that the windows along
the north building elevations shall be fixed and inoperable which will further reduce potential
impacts to the adjacent residential uses.
The applicant provided a roof plan, which demonstrates compliance with the 30-foot height limit.
Planning Commission has confirmed that the proposal will comply with the height limit and a
condition of approval has been incorporated to this resolution requiring height shall fully comply
with the 30-foot height limit. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director.
7. Noise, odor, dust and/or vibration that may be generated by the proposed use;
Operation hours for the existing restaurant use are between 7:00 a.m. and 2:00 a.m. daily, with
outdoor dining permitted until 12:30 a.m. The existing restaurant is also allowed to conduct live
entertainment between 4:00 p.m. and 1:15 a.m. Monday through Friday, and from 9:00 a.m. and
1:15 a.m. on Saturdays and Sundays. This project will revoke the existing Conditional Use
Permit, thereby eliminating the late night operating hours and live entertainment. The proposal
will further limit outdoor uses to use of the terrace as a break area for employee use only,
incidental to the office use. Conditions have been incorporate into this resolution to limit outdoor
uses and prohibit events within the existing and proposed outdoor terrace. Generally, office uses
are low impact and generate minimal noise or odor. The majority of the noise, odor, and vibration
impacts will be temporary and limited to the construction involved with the addition/remodel.
Based on the existing uses and proposed use, it is believed that the proposal will significantly
reduce the existing noise and odor impacts generated by the existing approved uses.
8. Impact of the proposed use to the city's infrastructure, and/or services;
Marlin Equity has been operating within the City of Hermosa Beach (at 338 Pier Avenue) for
approximately ten years, and in 2018, they expanded their offices to 1301 Manhattan Avenue.
During the past ten years, the City's Code Enforcement Division reports that there have been
zero code complaints. The City finds that the proposed office expansion will have minimal
impacts on the surrounding neighborhood. In addition, restaurant uses typically generate larger
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quantities of trash and thus, have more trash pick-ups than office uses. The proposed office use
will likely produce less trash, create less trash pick-ups, reduce traffic on city streets and decrease
noise complaints generated from the restaurant's larger crowds and live entertainment.
9. Adequacy of mitigation measures to minimize environmental impacts in quantitative
terms;
The project is categorically exempt from the California Environmental Quality Act. Thus,
mitigation measures are not required due for the proposal project. However, conditions of
approval have been added to the draft resolution to reduce potential impacts to those who live,
work, and visit the area.
10. Other considerations that, in the judgment of the planning commission, are necessary to
assure compatibility with the surrounding uses, and the city as a whole.
As noted in the above criteria, approval of the proposed project will not result in the creation of
an impact to the surrounding uses and/or the City as a whole. The proposed architecture is
consistent with the surrounding buildings. Furthermore, eliminating the restaurant and retail
location, in lieu of a general office building, will allow the subject site to serve as buffer between
the busy activity of Pier Avenue and the residential use on Manhattan Avenue.
Section 7. Based on the foregoing, the City Council hereby approves the request for
Precise Development Plan Amendment 20-1 subject to the following Conditions of Approval:
1. The project shall be substantially consistent with the plans and application materials
submitted and approved, submitted and approved by the City Council on May 26,
2020. 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. Any substantial deviation, changes to the floor plan,
site plan or building exterior shall be subject to review and approval by the Planning
Commission.
2. The outdoor terrace and balconies shall be limited to incidental uses for the office
use and shall be for the office tenants only i.e. breaks, calls, lunch meetings. The
outdoor terrace is not eligible for temporary event permits. Gatherings that
involve amplified sounds or that create any significant noise impacts are not
permitted.
3. Architectural treatments shall be as shown on building elevations, site and floor
plans approved by the City Council on May 26, 2020.
4. Building height, shall fully comply with the 30-foot height limit. Precise building
height compliance shall be reviewed at the time of Plan Check, to the satisfaction of
the Community Development Director.
5. The project shall fully comply with all requirements of the C-2 (General
Commercial) zone of the Municipal Code.
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6. The plans and construction shall comply with all requirements of the HBMC Title
15 and the California Building Code as adopted by the City of Hermosa Beach.
7. 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.
8. 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.
9. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
10. 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.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
c) Project construction shall conform to the Noise Control Ordinance requirement
in Section 8.24.050. Allowed hours of construction shall be printed on the
building plans and posted at the construction site.
d) During construction traffic control measures, including flagmen, shall be
utilized to preserve public health, safety, and welfare.
11. Project construction shall conform to the Noise Control Ordinance requirements in
HBMC Section 8.24.050. Allowed hours of construction shall be printed on the
building plans and posted at construction site.
12. All exterior lighting shall be downcast and fully shielded, and illumination shall be
contained within the property boundaries. New lighting shall be energy -conserving
and motion detector lighting shall be used for all light. Lamp bulbs and images for
new fixtures shall not be visible from within off -site residential unit. New exterior
lighting shall not be deemed finally approve 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 impactful to nearby properties.
13. All windows along the north building elevation shall be non -operable to reduce noise
impacts to the adjacent residential uses.
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14. Tint, color glazing, or other permanent window covering that would prevent
visibility is strictly prohibited.
15. Planning Commission Resolution 14-16 is hereby superseded and no further force
or effect. Condition Use Permit 16-5 and all other entitlements are hereby null and
void.
16. All existing signage for restaurant and retail use shall be removed. A sign permit
shall be obtained for new signage at the subject site in conformance with HBMC
Section 17.05.
17. The project and operations shall comply with all requirements of the City of
Hermosa Beach Building Division, City of Hermosa Beach Public Works
Department and Los Angeles County Fire Department, and the City of Hermosa
Beach Municipal Code.
18. 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.
19. Prior to the submittal of plans to the Building Division for plan check, an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the
Planning Division of the Community Development Department stating that the
applicant/property owner is aware of, and agrees to accept, all of the conditions of
this permit of approval.
20. Project construction shall protect private and public property in compliance with
HBMC Sections 15.04.070 and 15.04.140. No work in the public right of way shall
commence unless and until all necessary permits are attained from the Public Works
Department including if required, an approved Encroachment Permit.
21. Prior to issuance of a Building Permit, an approved civil engineering plans prepared
by a licensed civil engineer, and approved by Public Works, addressing 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, shall be filed with
the Community Development Department.
22. Civil engineering plans shall include adjacent properties/structures, sewer laterals,
and storm drain main lines on street.
23. Except as provided in HBMC Section 12.08.020, any owner, lessee or agent or any
other person or persons constructing or arranging for the construction of: (a) any
commercial or industrial building or residential dwelling structure, or addition
thereto, exceeding four hundred (400) square feet in floor area, or (b) any accessory
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building greater than fifty percent (50%) of the square footage of the existing main
building, shall provide for the construction of Portland cement concrete curbs,
gutters and sidewalks, street pavement between the gutter and center line of the
street fronting the property, and pavement between the edge of pavement and center
line of any alley adjoining the property, in accordance with the standard
specifications of the City Engineer. Public improvements to Manhattan Ave and
Palm Drive will be required.
24. No work in the public right of way shall commence unless and until all necessary
permits are attained from the Public Works Department including if required, an
approved Residential or Commercial Encroachment Permit.
25. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid
elevations must be submitted prior to grading and plan check.
26. Sewer lateral video has been submitted for 1301 Manhattan Avenue., if the
developer plans to use the existing sewer lateral. Sewer lateral work may be required
after review of the sewer lateral video.
27. The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44). Implement required Low Impact Development
Standards, provide calculations and documents i.e. Appendix D and E of the Storm
Water LID Guidelines, and submit at time of plan check along with an erosion
control plan.
28. Where redevelopment results in an alteration to less than fifty (50) percent of
impervious surfaces of a previously existing development, and the existing
development was not subject to post -development storm water quality control
requirements, only the alteration must comply with the new
development/redevelopment project performance criteria in the Municipal NPDES
Permit, and not the entire development.
29. 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 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.
30. The Planning Commission may review this Precise Development Plan and may
amend the subject conditions or impose any new conditions if deemed necessary to
mitigate detrimental effects on the neighborhood or to the public safety and welfare
resulting from the subject use pursuant to the procedures for
modification/revocation in the HBMC.
31. 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
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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
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 8. 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 their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this permit.
The Precise Development Plan shall be recorded, 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 parry 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 9. 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 10. 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 and 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.
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PASSED, APPROVED, and ADOPTED this 26" day of May, 2020.
PRESIDENT of the City Council an MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
Eduardo Sarmiento, City Clerk Michael Jenkins, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Eddie Sarmiento, City Clerk of the City of Hermosa Beach, California, do hereby certify
that the foregoing Resolution No. 20-7234 was confirmed by the City Council of the City of
Hermosa Beach at a Regular Meeting of said Council via Virtual Teleconference this day of May
26th, 2020 by the following vote:
AYES: Armato, Detoy, Fangary, Mayor Pro Tempore Massey, Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
Dated: May 26, 2020
Eduardo— Sarmiento
City Clerk