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HomeMy WebLinkAbout06/12/84"IN A DEMOCRACY, AGREEMENT IS NOT ESSENTIAL; PARTICIPATION IS." Gene Brown AGENDA REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL Tuesday, June 12, 1984 - Council Chambers, City Hall Closed Session - 6:30 p.m. - Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. It is requested.that anyone who wishes to speak on -any matter, please give their name and address .for the record. Any complaints against the City Council; City Management, or depart- mental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City.Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. -------------------------------------------------------------------- PLEDGE OF ALLEGIANCE ROLL CALL 1. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) Approval of Minutes: Regular meeting of the City Council held on May 22, 1984. Recommended Action: To approve minutes. (b) Demands & Warrants: June 12, 1984 Recommended Action: To approve Demands and Warrants Nos. through inclusive. (c) City Treasurer's Report: April, 1984 Recommended Action: To receive and file. (d) Award of Contract for Publication of City Advertising (Legal) and Display Ads, Period July 1, 1984 through June 30, 1985. Recommended Action: To award contract per staff recommendation. (e) Approval of Final Parcel Map x42874: 7 -unit condominium located at 100-112 Monterey Boulevard. Recommended Action: To approve Final Map #42874. City Council Agenda - June 12, 1984 Consent Calendar (Continued) (f) Claim for Damages: The Tushery,Pauline Barilla, Owner, 1036 Hermosa Avenue, filed May 30, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (g) Claim for Damages: Pacific National Insurance Co., P. 0. Box 1995, Santa Ana, CA 92702 (Ocean Body Shop), 906-910 Hermosa Avenue, filed May 16, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (h) Award of Bid: Workers Compensation Insurance 1984-85. Recommended Action: To award contract per staff recommendation. (i) Retention of Robert Hacker, Petroleum Engineer, to study hydro- carbon quantities and potential drainage at City Yard drilling site, with recommendation to appropriate monies from Prospective Expenditures Fund. Letter from Richards, Watson, Dreyfuss and Gershon dated June 8, 1984. Recommended Action: To hire reservoir engineer and appropriate funds. (j) Request for removal of red zone north curb of 2nd Street 105' to 128' west of Pacific Coast Highway. Recommended Action: To approve removal of red zone. (k) City Manager Activity Report. Memorandum from City Manager Gregory T. Meyer dated June 8, 1984. Recommended Action: To receive and file. (1) Tentative Future Agenda Items. Recommended Action: To receive and file. (m) Police Department Detective Division Status Report: May, 1984. Recommended Action: To receive and file. (n) 1st Quarter SWITERS Report Review from Police Department. Recommended Action: To receive and file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC. SPAM City Council Agenda - June 12, 1984 PUBLIC HEARINGS 3. HERMOSA BEACH BILTMORE HOTEL PROPOSAL (DEVELOPERS GREENWOOD & LANGLOIS) WITH ADJACENT PARKING STRUCTURES: SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT), CONDITIONAL USE PERMITS, AND DEVELOPMENT AGREEMENT; AND APPEAL OF PLANNING COMMISSION RECOMMENDATIONS. a. Request for additional meetings. b. Staff presentation re. Specific Plan, Coastal Plan and Conditional Use Permits. c. Questions from City Councilmembers d. Public Hearing: . 1) Public testimony 2) Continue hearing re. Development Agreement e: Council action onSpecific Plan Coastal Plan Amend- ment and Conditional Use Permits.:' `�.� THE 1985 - 1989 SHORT RANGE TRANSIT PLAN. Memorandum from ��V\Z"N Planning Director Pamela Sapetto dated June 6, 1984. 5. 1ST PUBLIC HEARING RE. GENERAL REVENUE SHARING 84-85. G6_- IST PUBLIC HEARING RE. 1984-85 BUDGET. MUNICIPAL MATTERS 7. PETITION AND PROPOSED EMERGENCY ORDINANCE DECLARING A MORATORIUM ON SEPARATION OF COMBINED LOTS. Memorandum from Building and Safety Director William Grove dated June 6, 1984. 8. NEIGHBORHOOD REQUEST TO CEASE STREET LIGHTING PROJECT ARDMORE �-- AVENUE (GOULD TO 30TH STREET). Memorandum from Public Works Director Charles Clark dated June 8, 1984. 9. BROWNING -FERRIS INDUSTRIES REQUEST FOR REFUSE COLLECTION RATE INCREASE. Memorandum from Building and Safety Director William Grove dated June 6, 1984. i10 REPORT RE. PROPOSED NEW MUNICIPAL PARKING STRUCTURES: LOTS B �.. AND COMMUNITY CENTER. Report from Economic Research Associates dated June 8, 1984. 11. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF HERMOSA BEACH TO VACATE 15TH STREET FROM A POINT 156.64' WEST OF PACIFIC COAST HIGHWAY TO A POINT 556.64' WEST OF PACIFIC COAST HIGHWAY. Memo- randum from Public Works Director Charles Clark dated June 6, 1984. 12. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. Request for Closed Session 6/26 at 6:00 p.m. b. Meeting re. Goals and Objectives 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. State League Transportation Committee Report, Councilman George Barks b. Expense authorization, League Transportation Committee meeting of 6/29/84, Oakland -3- City Council Agenda - June 12, 1984 Miscellaneous Items and Reports - City Council (Continued) C. League of California Cities Executive Forum, July it - 13, 1984 - Monterey d. Railroad.Right-of-Way Subcommittee 1) South Bay Transit Authority - new officers 2) LACTC communication re. Transit Capital Improvement Projects involving abandoned rail lines. e. Zoning of Unzoned School Properties - Resolution of intention requested by Councilman Wood f. Request by Councilman Wood for discussion and referral to staff to explore noise, dust and inconvenience potential regulations for con- struction activities, such as sandblasting, stuccoing and operation of construction machinery. 15. ORAL COMMUNICATIONS FROM PtiBLIC - MATTERS OF AN URGENCY NATURE. 16. OTHER MATTERS - CITY COUNCIL a. Upcoming Vacancies - Boards and Commissions. Memorandum from City Clerk Kathy Reviczky dated June 12, 1984. b. Memorandum from Planning Director Pamela Sapetto re. Planning Commission membership reduction. ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday,.May 22, 1984 at the hour of 7:30 P.M. CLOSED SESSION - 6:30 P.M. - All p~esent PLEDGE OF ALLEGIANCE - Councilman Cioffi POLL CALL Present: Barks, Cioffi, DeBellis, 'good, 1111ayo.r Brutsch Absent: None 1. CONSENT CALENDAR ACTION - To approve the Consent Calendar, items (a) through (m) with the exception of iterms (c) and ( j ) pulled by Mayor Brutsch, item (d) pulled by Councilman Barks and item (m) pulled by Councilman Wood which will be discussed under item 11 but are listed in order for clarity. Motion Barks, second DeBellis. So ordered. (a) Approval of Minutes: Regular meeting of the City Council held on May 8, 1984. ACTION - To approve minutes. (b) Demands & Warrants: May 22, 1984 ACTION - To approve Demands and Warrants Nos. 13774 through 13877 inclusive noting voided ;larrant Nos. 13786 and 13829. (c) Claim for Damages: Bernard Mlacy, Jr., 1543 Golden Avenue, Hermosa Beach, filed May 4, 1984._: ACTION - To approve the staff recommendation to deny the claim and refer to this City's insurance carrier. Motion Wood, second Barks. So ordered. (d) Report Regarding Implementation of Hearing Officer Fishman's Recommendations. Memorandums from General Services Director Joan Noon dated May 10, 1984. ACTION - To direct staff to return to Council within a reasonable length of time with information and costs involved in changing City street sweeping policy and signs. Motion Barks, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood (e) Department of Building and Safet)r Activity Report - April, 1984. Memorandum from Building and Safety Director William Grove .dated May 9, 1984. ACTION - To receive and file. (f) State Legislative Matters. Memorandum from City Manager Gregory T. Meyer dated May 9, 1984. ACTION - To approve the staff recommendation on legislative .actions as follows: -1- Minutes 5-22-84 CONSENT CALENDAR (continued SB,1300 - Long -Term Local Government Finance - SUPPORT SB 1440 - Employer -Employee Relations - OPPOSE SB 1509 - Public Agency Self -Insurance - OPPOSE SB 2333 - Fireworks - SUPPORT SB 2309 - Vehicles: Length/Width/Weight Limits - OPPOSE SB 1585 - Eminent Domain Limitation - OPPOSE AB 2894 - Vehicles: Radar Enforcement - SUPPORT AB 3822 - County Contracts w/Cities for Provision of Services. Limitation on Overhead - OPPOSE Also that the Jarvis Initiative (November, 1984) be referred to the Legislative Affairs Committee for report back at the July 10 City Council meeting. (g) City Manager's Activity Report. Meyer dated May 15, 1984. ACTION - To receive and file. (h) Tentative Future Agenda Items. ACTION - To receive and file. Memorandum from Gregory T. (i) Report on Storm Drain Project. Memorandum from Public Works Director Charles Clark dated May 10, 1984. ACTION - To receive and file. (j) Traffic and Engineering Survey for Establishing Speed Limits on Pacific Coast Highway. Memorandum from Public Works Director Charles Clark dated May 10, 1984. ACTION - To raise the speed limits on Pacific Coast highway from 30 to 35 and from 35 to 40. Motion DeBellis, second Wood AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None FINAL ACTION - To direct the Police Department to vigorously enforce the speed limits on streets where the traffic exceeds the speed limits by 10 mph. Motion DeBellis, second Barks AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None (k) Advocacy Position re Proposition.18, June 1984 Statewide Ballot. Memorandum from Community Resources Director Alana Mastrian dated May 15, 1984. ACTION - To endorse Proposition 18 on the June ballot and approve Resolution No. 84-4720 entitled"RESOLUTION SUPPORTING PROPOSITION 18 WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA JUNE 5, 1984, A BOND MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREATIONAL LAND ACQUISITION, DEVELOPMENT AND OTHER RELATED PURPOSES." -2- Minutes 5-22-84 CONSENT CALENDAR (continued) 2. Nnt--ice of Public Hearin Planned Deve and Herondo, from Redondo Beach on Request for tent at N.W. Corner of Pacific Coast HighwaY dated May -7,1984. ACtION - To receive and file. Report on Pre -releases. Memorandum from Finance Administrator viki Copeland dated may 15, 1984. PROPOSED ACTION - To direct staff to look at the problem of prereleased warrants and come back with a plan to eliminate this problem of early release of checks. Motion Wood - dies for lack of a second ACTION - To receive and file Motion Barks, second Mayor Brutsch.(discussion) AYES - Barks, Cioffi, Mayor Brutsch NOES - DeBellis, Wood WRITTEN COMMUNICATIONS FROM THE PUBLIC Packet of letters received from the Hermosa Beach Homeowners' and Residents' Association re the Proposed Hotel on the Biltmore Site. Letter from Raymond and Marie Waters, 615 - 24th -Place dated May 22, 1984 - referred to item 14 - Oral Communications from the Public. Letter signed by 24 area residents regarding the property commonly known as 636 - 24th Place dated May 21, 1984. PUBLIC HEARINGS 3. PROPOSAL FOR A HOTEL ON THE BILTMORE SITE AND DOWNTOWN AREA WITH ADJACENT PARKING STRUCTURE. - a. Memorandum from Planning Director re parking requirements and standards. b. Memorandum from Building & Safety Director re height- development eightdevelopment standards. C. Report re financing aspects of project. Memorandum from City Manager Gregory T. Meyer. d. Certification of final EIR. e. Resolution re Acquisition Inducement with letter of request from Developer Langlois dated May 18, 1984 and commentary from City Bond Counsel Stradling. City Manager Meyer addressed Council regarding this item, asked that part (e) be removed from the agenda item and then turned the meeting over to Planning Director Pamela Sapetto. Ms. Sapetto presented the staff report noting that Council had received several documents from the firm of PBR that prepared the EIR. She stated it would be necessary -3- Minutes 5-22-84' PROPOSAL FOR A HOTEL (continued to,certify�this document thus necessitating the adoption of the findings as proposed. In addition Council received the response to comments from the Planning Commission hearings of April 12 and April 19 and the City Council hearings of May 2 and May 8. She then turned the meeting over to Mr. Jim Fergus of PBR. Mr. Fergus stated that PBR ':as transmitted two packages to Council. The first dated May 17 contained a cover letter with options available for certification of the EIR, comments and responses to comments, minutes of the Planning Commission and City Council, Statement of Overriding Considerations and CEQA Findings and Statement of Fact. The second package containe attachment 2 (the staff recommended mitigation measure dealing with the parking structure on Lot C - a height reduction), revisions to the CEQA Findings and Statement of Fact to reflect that mitigation measure and the testimony taken at the Public Hearing on the Draft EIR as of May 8, 1984 meeting. Mr. Fergus advised that the options available to Council to approve the EIR are: 1. By separate resolution, Council could certify this document. 2. The EIR could be certified as a resolution with the Specific Plan. 3. The EIR could be certified by resolution with the Specific Plan and the Development Agreement. He noted that with regard to the adoption of the Specific Plan, the City must also act on the following items: The CEQA findings.and Statements of Fact, and the Overriding Considerations. These must be acted upon as part of the resolution. The next step would be the Notice of Determination which is filed with the County Clerk as well as the State This notice states that the City has acted on the project and that the document is available for public review. This notice establishes; a 30 -day statute of limitations period for review and challenge. Ms. Sapetto then answered questigns of Council regarding the reduction in the height of the parking structure. ACTION - To certify that the -City Council has considered the Final Environmental Impact Report ,with findings as listed in the CEQA FINDINGS AND STATEMENTS OF FACT dated May 22, 1984 and STATEMENT OF OVERRIDING CONSIDERATIONS dated May 22, 1984. Motion Wood, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None -4- Minutes 5-22-84 PROPOSAL FOR A HOTEL (Continued) Prior to the vote on the above motion, City Manager Meyer replied to questions of Council regarding the burying of the first floor of the parking structure by stating that the developer is not required to do this but it appears, from talking with the bond counsel, that this will be a necessary part of the project to qualify for tax-exempt public financing. Coming forward to speak to Council was Joe Langlois, Greenwood - Langlois, 11726 San Vincente Boulevard, Los Angeles, answering questions asked regarding the height of the parking structure. He stated that by burying the first floor of the structure the height would be reduced to 18 feet. The additional cost would be $1500 per stall which they feel they could absorb. This would allow the handicapped spaces to be placed adjacent to the elevator core and allow two points of access and egress so as to eliminate congestion. Councilman Wood expressed his concern of the type of answers that Council has been receiving. City Manager Meyer stated that the Development Agreement would address the issues of height and parking versus hotel. This aspect of the project was intentionally called to the attention of everyone and he agreed that there was both a social and an environmental impact. He noted that only a small portion of the parking structure would be underground. 4. APPEAL FROM DENIAL OF ZONING CHANGE - 2604 HERMOSA AVENUE. Mr. Alan Neiger, Appellant. Memorandum from Planning Director Pamela Sapetto dated May 14, 1984. Councilman Wood declared a conflict of interest and left the dais. The staff report was presented by Planning Director Sapetto. The Public Hearing was opened. Speaking on behalf of the Appellant, Mr. Neiger, was Cathy May, 709 - 27th Street, Manhattan Beach. She stressed that this property has had residential use since the building was originally built until the time it was destroyed by fire. Mr. Niger sought a zone change to R-3 to allow him to build a three-story residence. Ms. May cited sections of the Housing Element and Land Use Element of the General Plan whereby only density is referred to, not the particular type of dwelling, and emphasized consistency with the neighborhood. Mr. Neiger would be willing to accept a deed restriction. Ms. May stated that their application was for R-3 and they would not be in favor of any attempt to rezone to R-2. -5- Minutes 5-22-84 APPEAL - 1604 HERMOSA AVENUE (continued) City Attorney Post stated that he had advised Ms. May to offer as many reasons as she could as to why R-3 would be consistent with the General Plan and,if the case could be made that it is consistent, it is legal. The Council was advised their duty was to make the decision as to whether it is consistent with the General Plan to :change it to R-3. Speaking from the audience was Wilma Burt, 1152 - 7th Street, who questioned whether the General Plan should be changed or the zoning changed to establish consistency in the area. Ms. May again addressed Council stating that under R-2 they would be limited to two stories and 30 feet, and the lot value would be higher if zoned C-1. The Public Hearing was closed. ACTION - To deny the appeal for a proposed zone change from C-1 to R-3 at 2604 Hermosa Avenue and adept Resolution No. 84-4710 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A ZONE CHANGE REQUEST FROM C-1 TO R-3 ON PROPERTY LOCATED AT 2604 HERMOSA AVENUE." Motion Barks, second Mayor Brutsch AYES - Barks, DeBellis, Mayor Brutsch NOES - Cioffi ABSTAIN - Wood 5. HERMOSA BEACH BILTMORE HOTEL, PROPOSAL (DEVELOPERS, GREENWOOD & LANGLOIS WITH ADJACENT PARKING STRUCTURES: SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT) AND DEVELOPMENT AGREEMENT, AND APPEAL OF PLANNING =,L,sISSION RECOMMENDATIONS (Thomas Francis, Parker Herriott). Supplemental Information - Letter Petition signed by 16 area residents in favor of Hotel; Letter from Thomas Allen III dated May 17, 1984 in favor of Hotel; Letter from Parker Herriott dated May 22, 1984 in opposition to Hotel; Letter from Paul W. Shank M.D. dated May 21, 1984 in favor of Hotel; Letter from Linda Bek Drewry dated May 21, 1984 with petition signed by 129 area residents in favor of Hotel; Letter from Michael Escalante, President of Hermosa Beach Homeowners & Residents Association dated May 22, 1984 with 28 letters and cards in support of Hotel. a. Approval of a Specific Plan and Local Coastal Plan amend- ment for the project site, with Ordinance: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH WHICH ADOPTS A SPECIFIC PLAN TO REGULATE DEVELOPMENT IN THE DOWNTOWN AREA BETWEEN 15TH & 13TH STREETS AND THE STRAND AND HERMOSA AVENUE AS INDI- CATED ON EXHIBIT 1 AND LEGALLY DESCRIBED IN EXHIBIT 2." Planning Director Pamela Sapetto presented the staff report. Upon questioning of Council, Ms. Sapetto, City Manager Meyer and Building Director Grove all concurred that the proposed hotel was in fact five stories, not four stories and a mezzanine as stated in the proposed ordinance. -6- Minutes 5-22-84 HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued) When questioned by Council regarding Sections 208 and 1201 of 'the Zoning Code, Building Director Grove indicated that Section 208 building height includes parapet walls or railings and Section 1201 indicates that elevator and stairway penthouses, mechanical equipment, parapet walls, etc., may be located above the allowable height limit to screen the allowable equipment from view. He stated the mansard roof would not be considered a parapet wall. City Manager Meyer stated that the reason for this type of construction was because it was the best representation consistent with the overall design criteria which came from the Biltmore Committee and the Planning Department. This design would be sensitive to the up -hill view.- He stressed the developer is not obligated to use the mansard roof but is doing so even though it will be more costly. City Attorney Post, upon questioning by Council, stated that the more specific generally governs over the more general. He concurred with Mr. Grove regarding the Zoning Ordinance sections which are in conflict regarding allowable building height. Ms. Sapetto advised Council that this was addressed on page 4 of the proposed ordinance as follows: "That the project will exceed the City's 45 foot vertical height restriction for commercial development with elevator and stairway penthouses and other equipment necessary to operate the building as permitted in Section 1201 of the City Code. In order to screen the equipment from view, a mansard roof not to exceed nine (9) feet in height will be constructed around the parameter of the roof." City Manager Meyer then summarized the focus of this meeting regarding the Specific Plan and Local Coastal Plan Amendment. The Public Hearing was opened. Coming forward were: Joe-Langlo-ist Greenwood/Langlois, stated_he.would address the Spetific.Plan and ---some of the elements that are in.it. He stressed that this is not the Development Agreement — approval tonight does not mean approval of the project. This is only the path to approval. He stressed that the allowable square footage is 240,000 - they will build 183,000 square feet. They are complying with the 45 -foot height limit although not the three story limit. They are willing to bear the additional cost of the mansard roof to improve the appearance. Parker Herriott, 224 - 24th Street, appellant, submitted'.to Council a supplement to his appeal letter. He questioned the number of employees necessary, employee parking, and number of necessary parking spaces to accommodate all patrons of the hotel (1999). Mr. Herriott asked that the budget be presented to the people in such a way so they can understand it, especially if we are heading for bankrupcy. -7- Minutes 5-22-84 HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued Robert Carson, 1707 Pacific Coast Highway - § ensitive to height limit and asked Council to obey the law re_ height limits. Neil Gretsky, 1535 Bayview Drive - noted that urban sociologists have examined the behavior that Hermosa is going through and presented a bibliography of references on this subject. Stated that EIR was adopted although there were some questions that were not addressed and the public hearing was not continued. He stressed that environmental problems are increased and added that "good business climate" generally means that the local area pays for the large developer to move in with no recovery of costs of the growth. He felt that local groups opposed to growth must mobilize and make the strongest showing possible to reverse "the backroom deal". He quoted the Mayor re the decision on Five Corners - zoning codes are meant to maintain consistency throughout the City . Bob Payne, 1637 The Strand - strongly in favor of the hotel on the Biltmore site. Also strongly in favor of open space in Hermosa Beach but not adjacent to the beach. What is needed from the Biltmore site is some way to provide revenues - property taxes, drilling for oil or users fee on the beach and renters. Bill Key, 55 - 14th Street, Manager of Grandview Hotel - considers Biltmore site a blighted area, commended Council for attempting to find a solution to the problem, feels guests at Grandview Hotel will be denied a view of the ocean - suggested alternative of building hotel over 14th Street to give hotel guests view and access to the beach. He suggested a bed tax to retire the revenue bonds and feels 8% bed tax in Hermosa Beach could be used to promote Hermosa Beach. His final recommendation was to turn the Biltmore site into a public green area. Linda Drewry, 323 - 30th Street - submitted a.petition with 129 signatures in favor of the hotel. Also advised Council that Pat and Myron Gazin were strongly in favor of the hotel. Judge Vernon Foster, 15 - 15th Street - project exceeds height limit and three -floor limitation, conflicts with Coastal Plan, and violates the code in that it provides no self-contained parking. Blue Ribbon Commission suggested 150-200 rooms versus the 260 rooms proposed by the developer. Judge Foster quoted from the Development Agreement regarding the height limit and parking. He questioned the legality of the proposal whereby the Vehicle Parking District or the Parking Authority would take care of the developer's parking requirements - the City entering into a joint venture'with a private developer for the benefit of the private developer. Judge Foster quoted from a Supreme Court decision on the case of the City and County of San. Francisco versus Ross (a project to build a parking structure the purpose of the parking structure to benefit a private entity). This decision stated that the building of this structure could not be exercised to secure to private activities the means to HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued) carry on a private business whose primary objective and purpose is private gain and not public need. Judge Parker advised that under the Parking District Law of 1949, the City may issue bonds to construct a parking structure if it is legal. He cited Section 33101 of the Streets and Highways Code which authorizes the City to issue such bonds but it requires that before any bond issue is authorized it must be submitted to a vote of the electorate. Section 33101.5 permits a similar procedure but applies to a specific parking project - it also authorizes issuance of bonds but only after an election and approval by the electorate. Section 33101.6 authorizes the issuance of bonds without a public vote (the section Mr. Stradling, Bond Counsel, is citing.) Judge Parker stated he felt this Development Agreement was one of the poorest he has ever seen and questioned the validity of the project. Mayor Brutsch continued the Public Hearing to June 12 on the following: a. Approval of a Specific Plan and Local Coastal Plan amendment for the project site. b. Conditional Use Permits for alcoholic beverages, live entertainment, customer dancing and outside dining. C. Financial feasibility and design for parking structures on Lot B and Community Center. d. Discussion and future direction to staff regarding Development Agreement, Option to Lease and Ground Lease. A recess was called at 10:15 P.M. The meeting was reconvened at 10:35 P.M. e. Request for Additional City Council Meeting on May 29, 1984. Letter dated May 15, from Developer Joe Langlois, Greenwood & Langlois. City Manager Meyer addressed Council regarding this additional City Council meeting. ACTION - To deny the request of the developer. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood 6. 1984-85 HERMOSA BEACH LIGHTING DISTRICT. Memorandum from Public Works Director Charles Clark dated May 14, 1984. The staff report was presented by Public Works Director Clark. The Public Hearing was opened. No one coming forward, the Public Hearing was closed. -9- Minutes 5-22-84 1984-85 HERMOSA BEACH LIGHTING DISTRICT (continued ACTION - To adopt Resolution No. 84-4711 entitled "A RESOLUTION OF THE CITY COUNCIL OF TIS= CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING DIAGRAM AND r`-.-ESSMENT AND LEVYING ASSESSMENT FOR THE FISCAL YEAR COMME;CING JULY 1, 1984. HERMOSA BEACH STREET LIGHTING DISTRICT.NO. 1984-1985". This action will result in no increase in the assessed rates to the Hermosa Beach property owner and maintain the 1983-1984 assessment levels. Motion Wood, second Barks. AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None MUNICIPAL MATTERS 7. REPORT FROM SOUTH BAY REGIONAL COMMUNICATIONS AUTHORITY EXECUTIVE DIRECTOR ROBERT J. BENSON RE CONCEPT OF A MULTI- YEAR BINDING COMMITMENT. Memorandum from City Manager Gregory T. Meyer dated May 16, 1984. Speaking to Council was Robert J. Benson, Executive Director of the South Bay Regional Communications Authority, 12227 Hawthorne Way, Hawthorne, CA requesting that the Agreement be amended to extend present membership for an additional five years. Of till.:- ten original members, only five are still active. Hermosa Beach's portion of receipt of services has been slightly over 18% which when the formula is used (population/assessed %value/equipment maintenance/use of service) amounts to approximately $245,000. Captain Val Straser of the Police Department stated that the RCC system is currently operating on a satisfactory level in Hermosa Beach. He felt that a multi-year agreement would limit the City's response to future changes and requirements they might have. He posed questions such as what would happen if a system failed or if a city pulled out (who would bear cost). Captain Straser also felt that a multi-year contract would reduce the individual incentive to improve,and affects morale. He made the recommendation that the City not join in a multi- year agreement. Fire Chief Ron Simmons commended Mr. Benson for a great job done with RCC but recommended not approving a five-year contract with RCC for many of the same reasons as presented by Captain Straser. He felt that the fire departments in the five cities associated with RCC should have a computerized fire despatch system before commiting to a five-year contract. Mr. Benson thanked Council for the opportunity to present the RCC's request for extens:i.on of the contract. He stated that 99% of their fire calls were answered in 12 seconds or less and they have similar high percentages for the other types of calls they handle. -10- REGIONAL COMMUNICATIONS AUTHORITY (continued) PROPOSED ACTION - To continue this item to the June 12 City Council meeting and have a written report from the City Manager making a specific recommendation with reports from the Police and Fire Departments. Motion Barks - Motion fails for lack of a second. PROPOSED ACTION —Staff to enter into negotiations with Mr. Benson to agree in principle to the long-term participation of Hermosa Beach in the RCC but with appropriate limits to insure that we have the opportunity to bail out if things start going bad. Motion Wood, second Barks AYES - Barks, Wood NOES - Cioffi, DeBellis, Mayor Brutsch Motion fails City Manager Meyer advised that nothing other than status quo is necessary. ACTION - To continue the one-year contract with the RCC under the joint powers agreement. Motion Mayor Brutsch, second Cioffi AYES - Cioffi, DeBellis, Mayor Brutsch NOES - Barks, Wood 8. REPORT RE POSSIBLE VEHICLE PARKING DISTRICT ASSESSMENT DISTRICT WEST SIDE OF PACIFIC COAST HIGHWAY, BETWEEN 4TH STREET AND HERONDO. Memorandum from Public Works Director Charles Clark dated May 16, 1984. The staff report was presented by Public Works Director Clark. When questioned by Council, Mr. Clark stated that the cost for the assessment engineer and.the study would be approxi- mately $10,000-15,000. ACTION - To authorize City staff to commence meetings with interested parties in the business community along Pacific Coast Highway for the purpose of enacting a vehicle parking district. Further, should sufficient interest be generated, it is recommended that the services of an assessment engineer be enlisted in the preparation of the district. The cost to be mutually borne by the City and the property owners/merchants. Motion DeBellis, second Cioffi AYES - Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None ABSTAIN - Barks (conflict of interest) 9. STATUS REPORT RE SURPLUS SCHOOL PROPERTIES. Memorandum from City Manager Gregory T. Meyer dated May 21, 1984. City Manager Meyer presented the staff report. -11- Minutes 5-22-84 SURPLUS SCHOOL PROPERTIES (continued ACTION - To schedule a joint meeting with the Hermosa Beach School Board to try to reach a solution to the problem of the surplus school sites at 7:30 on June 4 as a .regular Adjourned Meeting. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood FURTHER ACTION - To buy the Prospect Heights playground for the open space appraisal of $168,750. Motion DeBellis, second Cioffi AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None PROPOSED ACTION - To trade a rezoned Fort Lots -O -Fun for Seaview Parkette. Motion Barks - Dies for lack of a second. City Manager Meyer advised Council that, assuming the District accepts the offer for a meeting, they should determine the City's strategy in this matter. Mayor Brutsch stated that Council had offered a certain number of dollars for certain parcels and that has not changed. City Manager Meyer noted that the School Board was meeting on May 23 but there had been discussions with the Board and the Superintendent. He had been led to believe that the City's offer to purchase Seaview Parkette for cash was unacceptable because the offer to purchase was per the appraisal assuming open space value. The District feels that that kind of transaction would be acceptable only if the zoning of Seaview Parkette was retained as residential. Thus the appraisal would be $330,000. 10. RESULTS FROM SOLICITING PROPOSALS FOR HYDROCARBON RECOVERY CONSULTANTS. Memorandum from Planning Director Pamela Sapetto dated May 16, 1984. City Manager Meyer advised Council that he. had received a letter, delivered by messenger on this date, from Mr. Robert Kruger, representing one of the firms that did submit a proposal, and they voiced objection to the process whereby they were not interviewed by Council. They requested that the process be structured to allow for interviews. Staff recommended that Council proceed on proposals solicited. Planning Director Sapetto presented the staff report. Upon questioning by Council regarding drainage, Ms. Sapetto suggested returning at a later date with the information requested. City Manager .Meyer recommended that if a reservoir engineer was necessary, Council should allow the legal firm to work with the City on the hiring of that engineer, thus it would not hold up the RFP. -12- Minutes 5-22-84 HYDROCARBON RECOVERY (continued) ACTION - To approve the staff recommendation as follows: (1) To select the firm of Richards, Watson, Dreyfuss and Gershon. (2) To authorize the City Manager to enter into a contract with the above firm to perform the services outlined in their proposal. (3) The consultant's fee of $15,000 to be appropriated from Prospective Expenditures. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood Prior to the vote on the above motion, City Clerk Reviczky advised Council that July 10 was the date by which measures and wording had to be selected for the November ballot and that the consultant selected had agreed to have the work completed within three months. Speaking on behalf of the firm of Richards, Watson, Dreyfuss and Gershon was Mr. Anthony Drury, 323 - 30th Street, Hermosa Beach who advised Council that he would make this information known to the supervising attorney, Glenn Watson. 11. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION Item (d) pulled by Councilman Barks, item (m) pulled by Councilman Wood and Items (c) and (j) pulled by Mayor Brutsch were discussed here but are listed in order for clarity. 12. MISCELLANEOUS ITEMS & REPORTS - CITY MANAGER (a) Request for Closed Session - June 12, 1984. Memorandum from City Manager Gregory T. Meyer dated May 16, 1984. ACTION - To convene a Closed Session of the City Council on Tuesday, June 12, 1984 at 6:30 p.m. for the purpose of discussing.matters.of personnel and litigation. Motion Barks, second Mayor Brutsch. So ordered. FURTHER ACTION - To convene a Closed Session of the City Council on Tuesday, May 29, 1984 at 7:30 P.M. for the purpose of discussing the Myers-Mellius-Brown negotiations/ instructions. Motion Mayor Brutsch, second Barks. So ordered. 13. MISCELLANEOUS ITEMS & REPORTS - CITY COUNCIL (a) City Council Reorganization - 1984. Memorandum from City Clerk Kathleen Reviczky dated April 26, 1984. Inglewood Fire Training Authority Commission Delegate - Barks Alternate - Wood -13- Minutes 5-22-84 CITY COUNCIL REORGANIZATION (continued League of California Cities - Board of Directors Delegate - Barks Alternate - Wood Los Angeles County/City Selection Committee Mayor Brutsch South Bay Cities Association Delegate - Barks Delegate - Cioffi South Bay Sanitation District Delegate - Brutsch Alternate - Barks South Bay Corridor Study Steering Committee Delegate - Barks Alternate - Cioffi Southern California Association of Governments Delegate - Brutsch Alternate - Wood Southern California Rapid Transit District Delegate - Brutsch Alternate - Barks West Basin Water Association Delegate - Wood South Bay Regional Public Communications Authority Delegate - Brutsch Primary Alternate - Wood South Bay Juvenile Diversion Project Delegate - Cioffi Sister City Association, Inc. Delegate - Barks Alternate - Wood Beach Cities Committee Delegate - Barks Delegate - DeBellis City -School District Relations (Sub -Committee) Councilmember DeBe lis Councilmember Barks State Legislation Review/Recommendation (Sub -Committee) Councilmember Wood Mayor Brutsch -14- Minutes 5-22-84 CITY COUNCIL REORGANIZATION (continued) City -County Relations (Sub -Committee) Councilmember Wood Mayor Brutsch Planning (Sub -Committee) Councilmember Cioffi Councilmember DeBellis Fire and Police Relations (Sub -Committee Councilmember Wood Councilmember Cioffi Business Relations (Sub -Committee) Councilmember Wood Councilmember Barks Railroad Right -of -Way (Sub -Committee) Councilmember Wood ACTION - To approve all of the appointments to the various boards and committees. Motion Mayor Brutsch, second Cioffi AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None (b) Railroad Right -of -Way Subcommittee Report - Wood Councilman Wood had nothing to report. Public Works Director Clark informed Council -that there would be a meeting of this subcommittee on May 24 at 4:30 P.M. 14. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN URGENCY 1V ,ft I U ttY, Richard Greer, 629 - 24th Place spoke to Council and presented a petition signed by 24 area residents regarding the zoning of property commonly known as 636 - 24th Place. Also presented was a letter from Raymond and Marie Waters, 615 - 24th Place regarding the same piece of property dated May 22, 1984. Mr. Greer cited numerous sections of the Hermosa Beach Zoning Code which they feel have been violated with the lot split that was allowed at 636 - 24th Place. He also stressed that this lot split would increase the density of the neighborhood, increase the parking problems, cited lack of fire truck access because of illegal parking, decrease in property values, and sixteen out of the 24 properties owners contacted in the immediate vicinity signed the petition. Mr. Grove stated that re Section 403 - Creation of lots less than 4000 sq. ft. in area - two 25 -foot lots were legally created. Re Sections 1203, 1203.1 and 1203.2 - combined lots - State law has preempted the City from governing this. Section 405(3) - distance between habitable buildings - does not apply -15- Minutes 5-22-84 ORAL COMMUNICATIONS (continued when buildings are on separate properties. Re Section 1217 regarding separation of "row" houses having side entrances - accurately this is row houses fronting on a side yard. Section 1220 re prohibitions of increase in population density - these lots are two legal lots of record. Section 404 regarding maximum lot coverage - plans not reviewed - Mr. Grove will look at the lot coverage proposed by the development. Article 14 re variances - Mr. Grove was not sure what they were referring to. City Attorney Post advised that over the past years cities have been free to merge lots. Several years ago the State unmerged everyone's lots - all the lots that had been merged by local ordinance. There is now a procedure,effective this year,to remerge lots if the Council decides to do this. Mr. Greer stated that he and the other area residents felt that the Zoning Ordinance has been published and that should be what the City goes by,with no indication that State law preempts the City law. He felt that Council should pit a moratorium on anything from this point on until they can study the problem to be able to control the density. Councilman Wood stressed that this case hdd been concluded and could not be reversed but possibly it could be precluded in the future. ACTION •- To have the appropriate staff meet with the neighbors on 24th Place to discuss this issue, this meeting to be as soon as possible. - Motion Mayor Brutsch, second Cioffi AYES - Barks, Cioffi, DeBellis, Wood, Mayor Brutsch NOES - None City Attorney Post was asked by Councilman DeBellis how this moratorium could be instituted. Mr.. Post stated that it could be enacted as an urgency ordinance. The properties it applied to would be a vested rights question. Under State law, if a development is proposed which would be inconsistent with present plans or plans under consideration, you can adopt a moratorium that maintains the status quo while you work out any changes to the zoning laws so that you do not have inconsistent developments before you can enact the ordinance. 15. OTHER MATTERS - CITY COUNCIL (a) Councilman Wood stressed his displeasure with receiving the Demands and Warrants and Minutes after delivery of the agenda packets. (h) Councilman Cioffi asked Council to consider attempting to conclude Council meetings by 11:00 P.M. -16- Minutes 5-22-84 OTHER MATTERS - CITY COUNCIL (continued (c) Councilman Barks expressed his concern regarding the appointment of a second delegate to the Railroad Right - of -Way Subcommittee. ACTION - To appoint Councilmember Barks as the alternate to the Railroad Right -of -Way Subcommittee. Motion Mayor -Brutsch, second DeBellis. So ordered. (d) Councilman Barks apologized to Councilman Cioffi for not supporting adjourning the meeting earlier in the evening as he had assumed the meeting would move faster. He expressed his support of Councilman Cioffi's request to have an 11:00 P.M. conclusion of Council meetings. (e) Councilman Barks also apologized to Mr. Ayers for the verbal contest at the last meeting. (f) Councilman DeBellis asked for clarification of the halting of the street lighting work at Ardmore and 30th Street. Public Works Director Clark stated that a meeting had been held with the residents of the area and a report would be forthcoming. He stressed his desire to continue this work stoppage until the residents could come before Council. PROPOSED ACTION - To instruct Public Works to continue with this CIP project as soon as possible (Ardmore from Gould to the North City limits). Motion Wood, second DeBellis AYES - DeBellis, Wood NOES - Barks, Cioffi, Mayor Brutsch Motion fails. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach was adjourned by order of Mayor Brutsch at the hour of 1:00 A.M. on Wednesday, May 23, 1984 to a Closed Executive Session to be held on Tuesday, May 29, 1984 at 7:30 P.M. The next regularly scheduled meeting will be held on Tuesday, June 12, 1984 which will be preceded by a Closed Executive.Session to be held at 6:30 P.M. -17- Minutes 5-22-84 June 8, 1984 Regular Meeting of June 12, 1984 Honorable Mayor and Members of the Hermosa Beach City Council STREET LIGHTING PROJECT ARDMORE AVENUE GOULD AVENUE TO THIRTIETH STREET Recommendation: It is recommended by the Public Works Director that the Hermosa Beach City Council terminate the street lighting project on Ardmore Avenue between Gould Avenue and Thirtieth Street. The poles that are currently installed, are to be exempt.. On the other hand, it is recommended by the City Council reaffirm the overriding street lighting on Ardmore (Gould Avenue direct that staff develop and implement configuration (shorter poles, lights to side). Background• the City Manager that community need for public to Thirtieth Street) and an alternate light pole be screened on the east The above mentioned street lighting project was conceived as part of the 1982-83 and 1983-84 fiscal budgets for the Street Lighting District. Periodic updates were provided to the City Council re- garding the project by -means of activity reports. It represented the City's interest in upgrading the sources and levels of illumi- nation on the City's streets. In April of this year, the Department commenced the Project. Shortly thereafter, residents adjacent to the project began to voice their objections (see attached Diagram 1 for proposed loca- tion of street lights). At this point the following actions were taken: 1) Telephonic communication with residents ensued regarding the aspects of the project. 2) A representative of the group was taken to the City Yard to view poles that were to be erected and shown the illuminaries. Following that, a trip to the project site was made where the locations of two of the proposed street lights were.moved so as to reduce the impact on the adjacent resident's view corridor. 3) A petition was forwarded to the City requesting that the project be stopped until a public hearing was held, (see attached Exhibit 1). 4) Project stopped. 5) May 16, 1984 a neighborhood meeting was held at a resident's home to discuss the project. All affected parties were present. Residents stated the following objections: a) View corridor impacted b) Project has negative economic impact on adjacent homes. z c) The illumination of the street creates an unsafe situation in that currently, at night, a driver can see the headlights of an oncoming vehicle as they prepare to turn onto Ardmore Avenue from Thirtieth Street. d) Pedestrian safety is reduced due to the light standards reducing the width of the sidewalk. (The sidewalk is 4 1/2' wide, the pole bases are 10" in diameter at the base and taper to 6" in diameter at the top and are 29" high.) e) Light spillage will occur into the adjacent homes. f) The installation of the light standard at Thitieth Street and Ardmore -will reduce visibility of vehicles traveling west on 30th Street wishing to enter Ardmore. Every resident objected to the project and very strongly stated their opposition to its completion. No support whatsoever was present At this point, it was the Director of Public Works' opinion that based on the total lack of neighborhood support, the project would be terminated unless the City Council saw fit to proceed. This has been conveyed to the residents. 6) The City Council,_at the May 22, 1984 meeting, requested a hearing regarding the street lighting project. June 12, 1984 is set as the date for this meeting, after consultation with neighborhood representatives. 7) Notice of meeting delivered to all parties concerned (see Exhibit 2). Analysis: Street Lighting is a means of improving the urban environment through increased comfort, convenience and safety of night - traffic operation and reduced crime and accidents. Lighting in itself, cannot produce traffic safety, but it can signif- icantly improve the efficiency of traffic operations and provide increased traffic safety as a by product. Street lighting provides the contrast of objects necessary in nighttime visual perception. Contrast is one of the most important contributors in nighttime visual performance. To a great extent, the recognition of objects is based upon a discrimination of brightness differences between an object and its background. Suggested levels of illumination for a residential collector is 0.6 horizontal footcandle. (A footcandle being the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illumination produced on a surface, all points of which are at a distance of one foot from a directionally uniform point source of one candle.) There -2- currently are no street lights between Gould Avenue and Thitieth Street on Ardmore, therefore the ambient light is all that is provided. In regard to existing traffic volumes, average daily traffic volumes for Ardmore Avenue from Gould Avenue to the north city limits is 6,500 cars per day. Nighttime traffic volumes (6:00 p.m. - 6:00 a.m.) are 1,992 per 12 hour period. Review of the traffic accident picture for 1984 indicates one nighttime accident. An examination of all factors considered in a purely textbook approach would indicate that the lights were warranted. However, as public servants, the concerns of the surrounding residences (ten homes) must be taken ihto-consideration. It has long been the City's policy to attempt to obtain as much feedback on items of public interest as possible. Once obtained, the feedback has been instrumental in the decision making process. In following this procedure, it is clearly evident that this segment of the community has made their feelings very clear. Charles Clark, Director of Public Works � JA2TW Gregory "I'. eyer, Citj Manager Attachments City Manager Note: This portion of Ardmore is an incline and is on a curve. There is a definite potential liability to the City for having such a location unlit; the Lighting District has adequate funds to engineer and construct, so, in my opinion, to fail to act would be unconscionable. Rather than the "standard" light pole, clearly what is needed is a modified design. 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This meeting will take place at the June 12, 1984 regularly scheduled City Council meeting at 7:30 p.m. in the City Hall Council Chambers, 1315 Valley Drive. A report is being generated by the Public Works Department indicating the concerns of the residents. A copy of your Niay 2, 1984 petition will be attached to the Department's report. ` Although this will not be a public hearing, the Department has asked the City Council to provide time for public input on this matter. This input is most beneficial in the Council's deliberation. If you are unable to attend but wish to communicate with the Council, please send written communications to: Hermosa Beach City Clerk Civic Center 1315 Valley Drive Hermosa Beach, CA 90254 Should you have any further questions regarding this matter, please do not hesitate to call. Yours truly, Charles Clark, Director of Public Works CC:md ,� j CD i a -70 ^ — c� C ��-_ -' ;, �-� � � y � • � ' Wit:= — K� h d3 9a A/ p8 L -100 40.36 U' Q o� 131 V, �� u gyp: = it 5 _ o mit 9 �O . \EVL(d Ln 30.93 36. /B 1Q� to F, 7.11 Al W ►� O �^ 6i• �� O 6216.84 3B./5 V "a' L 6 G14 oci 6 0 (4 p8o N 40.61 Z4.03 y�-p O p �J N �. Lh /D u, /- '� 70.50 7 s c�c5' aw 9 �.4.v a ; 's lit- � 71.99 r1' 1990 U V \ C) y ��z�•A lxo� 'AMBY PL.� June 8, 1984 Honorable Mayor and Members City Council Meeting of the City Council of June 12, 1984 TENTATIVE FUTURE AGENDA ITEMS June 26. 1984 Appropriate documents for Political Activities ballot measure Land Use Element Redraft of Agreement for Independent Contractor/Employee 2nd Public Hearing re: 1984-85 Budget, General Revenue Sharing 84-85, and salary resolutions re. City Clerk and City Treasurer Recommendation to adopt an ordinance of the City of Hermosa Beach relating to peace officer status of reserve police officers Aid to Cities funding for the traffic safety section of the Public Works Department Public hearing re. 15th Street vacation between Ardmore and P.C.H. Compact car standards - amending the zoning code. Recommendation to increase Storer Cable franchise fees Staff recommendation on proposal for video production of City Council meetings Application to keep more than two household pets Request for Strand striping Planning Commission recommendation to develop a specific plan for the downtown area Hermosa Beach Sister City Association request re. Loreto Week Proposed Parking Structures: Lot B and Community Center - Creation of consolidated Parking Fund. Resolution re. Appropriation Limit (Prop 4) June 28, 1984 Joint meeting with the Hermosa Beach School District Future Items - Date not yet set Report re. City Treasurer reporting to'Council on investments w/report from City Attorney (City Treasurer may file a report recommending what she sees as a vehicle for communication). Encroachment permit reviews - La Playita & Fat Face Fenners Falloon Report on computerization of City Treasurer trust funds, including VPD implementation Report on computerization of investment accounts, time certificates of deposit, savings accounts and special bank accounts. Honorable Mayor and Members of the City of Hermosa Beach ACTIVITY REPORT June 8, 1984 City Council Meeting of June 12, 1984 o The Summer Recreation Program bulletin has been published (copy attached). o The undergrounding construction project on Pacific Coast Highway is moving along well other than for difficulties involving the cable to undergrounding o Upcoming Theatre activities include: June 15 Ella Mae Morse Concert Sponsored by The Gratitude Retreat Foundation June 17 Duke Ellington Band Concert June 22 & 23 Act III Dance Recital June 26 Middle School Graduation June 29 & 30 Act III Dance Recital o Calendar of Events Volleyball Tournament, June 16 and 17 Chamber Installation/Awards Banquet, June 21 School District Retirement Banquet, June 21 Joint meeting with School Board, June 28 at 7:30 p.m (Valley Middle School) Surf Festival, July 12 - 15, 1984 Chamber Mixer at Coast Chiropractic, July 25, 5:30 p.m. Greory T. yer Cit Manager GTM/ld ti \7 7 C) 7/ "IN A DEMOCRACY, AGREEMENT IS NOT ESSENTIAL; PARTICIPATION IS." Gene Brown AGENDA REGULAR.MEETING OF THE HERMOSA BEACH CITY COUNCIL Tuesday, June 12, 1984 - Council Chambers, City Hall Closed Session - 6:30 p.m. - Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. It is requested that anyone who wi-shes to -speak on any matter, please give their name and address for the record. Any complaints against the City Council; City Management, or depart- mental operations will be submitted in writing to the City Manager for evaluation by -the appropriate department head prior to submission to the City.Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL 1. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with -the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) Approval of Minutes: Regular meeting of the City Council held on May 22, 1984. Recommended Action: To approve minutes. (b) Demands & Warrants: June 12, 1984 Recommended Action: To approve Demands and Warrants Nos. through . inclusive. (c) City Treasurer's Report: April, 1984 Recommended Action: To receive and file. (d) Award of Contract for Publication of City Advertising (Legal) and Display Ads., Period July 1, 1984 through June 30, 1985. Recommended Action: To award contract per staff recommendation. (e) Approval of Final Parcel Map #42874: 7 -unit condominium located at 100-112 Monterey Boulevard. Recommended Action: To approve Final Map #42874. City Council Agenda - June 12, 1984 Consent Calendar (Continued) (f) Claim for Damages: The Tushery; Pauline Barilla, Owner, 1036 Hermosa Avenue, filed May 30, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (g) Claim for Damages: Pacific rational Insurance Co., P. O. Box 1995, Santa Ana, CA 92702 (Ocean Body Shop), 906-910 Hermosa Avenue, filed May 16, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (h) Award --of Bid: Workers Compensation -Insurance 1984-85. Recommended Action: To award contract per staff recommendation. (i) Retention of Robert Hacker, Petroleum Engineer, to study hydro- carbon quantities and potential drainage at City Yard drilling site, with recommendation to appropriate monies from Prospective Expenditures Fund. Letter from Richards, Watson, Dreyfuss and Gershon dated June 8, 1984. Recommended Action: To hire reservoir engineer and appropriate funds . (j). Request for removal of red zone north curb of 2nd Street 105' to 128' west of Pacific Coast Highway. Recommended Action: To approve removal of red zone. (k) City Manager Activity Report. Memorandum from City Manager Gregory T. Meyer dated June 8, 1984. Recommended Action: To receive and file. (1) Tentative Future Agenda Items. Recommended Action: To receive and file. PULLED (M) Police Department Detective Division Status Report: May, 1984. WOOD Recommended Action: To receive and file. PULLED (n) 1st Quarter SWITERS Report Review from Police.Department. MOOD Recommended Action: To receive and.file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC. -2- City Council Agenda - June 12, 1984 PUBLIC HEARINGS 3. cC yLttti c h. A— C - j HERMOSA BEACH BILT.IORE HOTEL PROPOSAL (DEVELOPERS GREENWOOD &; LANGLOIS) WITH ADJACENT PARKING STRUCTURES:. SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT), CONDITIONAL USE PERMITS, AND DEVELOPMENT AGREEMENT; AND APPEAL OF PLANNING COMMISSION RECOMMENDATIONS. ,j a. Request for additional meetings. 6/18, 7:30 p.m. u .0 b. Staff presentation re. Specific Plan, Coastal i (yC Plan and Conditional Use Permits. APPROVED 5-0 (CHANGE REFER - o ENCE ON HEIGHT FROM 42 TO 5 STORIES) MANSARD ROOF APPR. 4-1:DeB C. Questions from City Councilmembers PG. 3, LINE 24 CHANGE \Q "SHOULD" TO "WILL" d. Public Hearing: l I 1) Public testimony" f yi /> 2) Continue hearing re. Development Agreement e. Council action on Specific Plan, Coastal Plan Amend- ment and Conditional Use Permits. 4. THE 1985 - 1989 SHORT RANGE TRANSIT PLAN. Memorandum from Planning Director Pamela Sapetto dated June 6, 1984. APPROVED 4-1 Wo, AMEND TO INCLUDE WHEREAS ON.EXEMPTION FROM ENV. 5. IST PUBLIC HEARING RE. GENERAL REVENUE SHARING 84-85. CONT. TO 6/26 DEB. -WOULD RATHER HAVE AIR COND. CHAMBER THAN T.V.; CIO -SUGGESTS QTRLY NEWSLETTER 6. 1ST PUBLIC HEARING RE. 1984-85 BUDGET. CONTINUED TO 6/18 MUNICIPAL 'BATTERS 1 7. PETITION AND PROPOSED EMERGENCY ORDINANCE DECLARING A MORATORIUM ON SEPARATION OF COMBINED LOTS. Memorandum from Building and Safety Director William Grove dated June 6, 1984. RES. OF INTENT. OK 5-0; ORD. 84-752 FOR -MORATORIUM PASSED 5-1 Wo 8. NEIGHBORHOOD REQUEST TO CEASE STREET LIGHTING PROJECT ARDMORE AVENUE (GOULD TO 30TH STREET). Memorandum from Public Works Director Charles Clark dated June 8, 1984. MOTION TO CEASE PROJECT APPROVED 3-2 Wo/DeB. 9. BROWNING -FERRIS INDUSTRIES REQUEST FOR REFUSE COLLECTION RATE INCREASE. Memorandum from Building and Safety Director William Grove dated June 6, 1984. 10. REPORT RE. PROPOSED NEW MUNICIPAL PARKING STRUCTURES: LOTS B Rep AND COMMUNITY CENTER ort from Economic Research Associates ., < :_ ,..ciates dated June 8, 1984. ..- f ',- ,a�,lv�c,rt 11. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF HERillOSA BEACH TO VACATE 15TH STREET FROM A POINT 156.64' WEST OF PACIFIC COAST J-0 HIGHWAY TO A POINT 556.64' WEST OF PACIFIC COAST HIGHWAY. Memo- randum from Public Works Director Charles Clark dated June 6, 1984. INCL. WHEREAS RE. EXEMPTION FROM ENV. SET PUBLIC HEARING FOR 6/26 12. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 13. MISCELLANEOUS ITE�MS AND REPORTS - CITY MANAGER a. Request for Closed Session 6/26 at 6:00 p.m. b. Meeting re. Goals and Objectives 14. MISCELLANEOUS ITE`IS AND REPORTS - CITY COUNCIL a. State League Transportation Committee Report, Councilman George Barks b. Expense authorization, League Transportation % 2 Committee meeting of 6/29/84, Oakland 04V --aq z; Jt V.J-J "IN A DEMOCRACY, AGREEMENT IS NOT ESSENTIAL; PARTICIPATION IS." - Gene Brown AGENDA REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL Tuesday, June 12, 1984 - Council Chambers, City Hall Closed Session - 6:30 p.m. - Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. It is requested that anyone who wishes to speak on any matter, please give their name and address for the record. Any complaints against the City Council; City Management, or depart- mental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City .Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. -------------------------------------------------------------------- PLEDGE OF ALLEGIANCE ROLL CALL 1. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (a) Approval of Minutes: Regular meeting of the City Council held on May 22, 1984. Recommended Action: To approve minutes. (b) Demands & Warrants: June 12, 1984 Recommended Action: To approve Demands and Warrants Nos. through inclusive. (c) City Treasurer's Report: April, 1984 Recommended Action: To receive and file. (d) Award of Contract for Publication of City Advertising (Legal) and Display Ads, Period July 1, 1984 through June 30, 1985. Recommended Action: To award contract per staff recommendation. (e) Approval of Final Parcel Map #42874: 7 -unit condominium located at 100-112 Monterey Boulevard. �, Recommended Action: To approve Final Map #42874. V sm m City Council Agenda - June 12, 1984 Consent Calendar (Continued) (f) Claim for Damages: The Tushery, Pauline Barilla, Owner, 1036 Hermosa Avenue, filed May 30, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (g) Claim for Damages: Pacific National Insurance Co., P. 0. Box 1995, Santa Ana, CA 92702 (Ocean Body Shop), 906-910 Hermosa Avenue, filed May 16, 1984. Recommended Action: To deny claim and refer to this City's insurance carrier. (h) Award of Bid: Workers Compensation Insurance 1984-85. Recommended Action: To award contract per staff recommendation. (i) Retention of Robert Hacker, Petroleum Engineer, to study hydro- carbon quantities and potential drainage at City Yard drilling site, with recommendation to appropriate monies from Prospective Expenditures Fund. Letter from Richards, Watson, Dreyfuss and Gershon dated June 8, 1984. Recommended Action: To hire reservoir engineer and appropriate funds. (j) Request for removal of red zone north curb of 2nd Street 105' to 128' west of Pacific Coast Highway. Recommended Action: To approve removal of red zone. (k) City Manager Activity Report. Memorandum from City Manager Gregory T. Meyer dated June 8, 1984. Recommended Action: To receive and file. (1) Tentative Future Agenda Items. Recommended Action: To receive and file. (m) Police Department Detective Division Status Report: May, 1984. Recommended Action: To receive and file. (n) 1st Quarter SWITERS Report Review from Police Department. Recommended Action: To receive and file. 2. WRITTEN COMMUNICATIONS FROM THE PUBLIC. -2- _`^4-@_ .tel• l; 2L. r f'''i �' rs' 1117 �- '; J' -.i � - •t - i i ._ `�. �. `1 r.., :.r ".�' .- .. �� ����.'r _irT.!'�_ fC"r 1'; 3•['•}"~!�%}, �.�T.r ti'�:� J -i', _r -•�.r`InaL Pr7__,_: 7-`.bJ','1� - r -:r. J 3'r. .- _ ilk ."f:. ;{�: •wry 7+r i , � r.� - ,mss ,}„ -t.,. Ot + 'r ( C f.f •, ..- s t 7.. t. -. - _ �C_ � rT-4 7cY f.NI •;a ;f,. - i.Ep{ �« i 'ai: �f.Mi I. .. .fir,•. - � l.��i , .. , I'. - �.-f r.y{t 1.. nr✓ � ._ . .t .^ irk f - r, 1 k i �•�' z't'T:i ,.. LiJ-; ':.J .. r.. _ } ; ; ��� .(. ,' , - :i �•-S -4j _r41; - ,.F,1 _,-�:�- IJ�C ,f 7'a ir.` •• S7 ��e�. f.. -t- - �i 1' - - _ 7 4tr a-:.: ,. , � :.5 �1 �Itl' ,;(`. -- , ' � �TS' L i� - - r T -� -r" -r,P,> 41 �7, �•�� 3:. . - - - - 1 � •fir' s;� 4 - City Council Agenda - June 12, 1984 PUBLIC HEARINGS 'r 3. HERMOSA BEACH BILTMORE HOTEL PROPOSAL (DEVELOPERS GREENWOOD & LANGLOIS) WITH ADJACENT PARKING STRUCTURES: SPECIFIC PLAN (LOCAL COASTAL PLAN AMENDMENT), CONDITIONAL USE PERMITS, AND DEVELOPMENT AGREEMENT; AND APPEAL OF PLANNING COMMISSION RECOMMENDATIONS. a. Request for additional meetings. b. Staff presentation re. Specific Plan, Coastal Plan and Conditional Use Permits. c. Questions from City Councilmembers d. Public Hearing: 1) Public testimony 2) Continue hearing re. Development Agreement e. Council action on Specific Plan, Coastal Plan Amend- ment and Conditional Use Permits. 4. THE 1985 - 1989 SHORT RANGE TRANSIT PLAN. Memorandum from Planning Director Pamela Sapetto dated June 6, 1984. 5. 1ST PUBLIC HEARING RE. GENERAL REVENUE SHARING 84-85. 6. 1ST PUBLIC HEARING RE. 1984-85 BUDGET. MUNICIPAL MATTERS 7. PETITION AND PROPOSED EMERGENCY ORDINANCE DECLARING A MORATORIUM ON SEPARATION OF COMBINED LOTS. Memorandum from Building and Safety Director William Grove dated June 6, 1984. 8. NEIGHBORHOOD REQUEST TO CEASE STREET LIGHTING PROJECT ARDMORE AVENUE (GOULD TO 30TH STREET). Memorandum from Public Works Director Charles Clark dated June 8, 1984. 9. BROWNING -FERRIS INDUSTRIES REQUEST FOR REFUSE COLLECTION RATE INCREASE. Memorandum from Building and Safety Director William Grove dated June 6, 1984. 10. REPORT RE. PROPOSED NEW MUNICIPAL PARKING STRUCTURES: LOTS B AND COMMUNITY CENTER. Report from Economic Research Associates dated June 8, 1984. 11. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF HERMOSA BEACH TO VACATE 15TH STREET FROM A POINT 156.64' WEST OF PACIFIC COAST HIGHWAY TO A POINT 556.64' WEST OF PACIFIC COAST HIGHWAY. Memo- randum from Public Works Director Charles Clark dated June 6, 1984. 12. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. Request for Closed Session 6/26 at 6:00 P.M. b. Meeting re. Goals and Objectives 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. State League Transportation Committee Report, Councilman George Barks b. Expense authorization, League Transportation Committee meeting of 6/29/84, Oakland -3- l� i3 OWN " •i'. �=5 ., Fes' � /�l•�i� 1_�.� ,j.-. .-l3a�:� � t _:.3a .. ~'f: �y s,- A 71 -hLAt,^< 71,ts .<' - .. ,. Far. t i � � ..T �Yf•�,�•�C�:•Fd- �� DRi. ?i. � -, �jr �." Ate - �;;(, -.r :}�t.l'"j 'h _! 1,'i. (_ P -7.;-i �` _ t'� Vii,-,j:3fi¢�E:�:TiT'3: �`.:7:=• - '1'fr.f�1'�' ). '�'� �•. r'/ i�'`i'+ r- - v i T? r .. r -.i-, Y "-�3.�'.i r � �r �`a -1�. _ �`�~ ' i' ,�� ���1 ", .i.i;�;_ ',, <}r = r•-i.}j F ,;.Z'�.i.'. y, � � •� y�e ( t: t;� f e t �. y i + ;f} "•�lys� ;;6I.! � f! �� S` •+!_\fAI f)4 T '. }] �+.'t •r'a`t' ,���'.� " i`. •}' 4 df;liti rf', r i F -� , +;1, to f '`an S J_ .. x .. _fir i ! .`�I �. ._`-.t• .�}j4 ��... .�� �L:. r rg �i, a ._ 3:i='f �.: t : ('. - r City Council Agenda - June 12, 1984 Miscellaneous Items and Reports - City Council (Continued) C. League of California Cities Executive Forum, July 11 - 13, 1984 - Monterey d. Railroad Right -of -Way Subcommittee 1) South Bay Transit Authority - new officers 2) LACTC communication re. Transit Capital Improvement Projects involving abandoned rail lines. e. Zoning of Unzoned School Properties - Resolution of intention requested by Councilman Wood f. Request by Councilman Wood for discussion and referral to staff to explore noise, dust and inconvenience potential regulations for con- struction activities, such as sandblasting, stuccoing and operation of construction machinery. 15. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE. 16. OTHER MATTERS - CITY COUNCIL a. Upcoming Vacancies - Boards and Commissions. Memorandum from City Clerk Kathy Reviczky dated June 12, 1984. b. Memorandum from Planning Director Pamela Sapetto re. Planning Commission membership reduction. ADJOURNMENT A 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 28 29 30 31 32 RESOLUTION NO. 81- 4476 A R SOL' iON QI' TH �} ITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALI`P.OR , DEC AR 4 BITS INTENTION TO INITIATE APPROPRIATE ACTION B�:THE P NNINC .CO fiION TO REVISE SECTIONS 1203, 1203.1 AND 1203.2, AND TO ADD SECTIONS 1203.3 AND 1203.4 OF ORDINANCE N.S. 154 RELATING TO THE COMBINATION OF LOTS. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the provisions of Artielc 15, Section 1501 of Zoning Ordinance No. N. S. 154, as amended, the City Council of'the City of Hermosa Beach, California, does hereby resolve and declare its intent to initiate appropriate action by the Planning Commission to repeal Sections 1203, 1203.1 and 1203.2 of the Zoning Code and to enact new Sections -1203, 1203.1, 1203.2, 1203.3 and 1203.4 to read as follows: 111203. Combined Lots. When any one of the following conditions is found to apply to two or more contiguous lots or parcels with a common boundary line of at least fifty (50) feet, such lots or parcels shall be consid- ered merged and shall constitute a single building'site: a) When a common boundary line separating two contiguous lots or parcels is covered by a building or permitted group of buildings. The side yard as required by this ordinance shall then not apply to such common boundary line; or b) When a main building and an accessory building exist on two or more contiguous lots or parcels held by the same owner; or c) When any one of two or more contiguous lots or parcels held by the same owner does not conform to standards for minimum lot or parcel size to permit separate use or development, and at least one of such contiguous lots or parcels is not developed with a main building for which a permit has been issued, or which was built prior to the time such permits were required; and the County Assessor's maps indicate that for tax purposes the lots have been joined into one parcel. 1203.1. Combined Lots, Removal of Improvements. i 62 • papuawt; sr ` [ ST ' S' N .zaquinN aourutp.10 but uoZ i 8 t 2� agj. go c,•S pur c,•L saTOTITV uz gljo.; jas sa.znp000.Td 1uawdoTanaP LZ pauurTd agl ggtm a0urpjoo0r uz uotsszwwo0 Sq mazAa.z 19z oI joaCgns aq TTr.gs Pur `urTd Tr.zaua0 age g2tn� IuaIstsuo0 `aPOD � �z sTgj 3o sIuawaJTnba.z aTgi3OTjddr )LII gIT'A aouCp.zoo0r uz PadoTanaP aa, `.zaun%o ago So uoT�do aql Ir `,Crw Tao.zr,d JO IIT Pa�1.1aw y � �Z •sIo7 pauzgwo0 30 JuawdoTanaQ PauurTd 'T�'SOZTI Zz • ra.zr 10T To jaaT a.zrnbs ( 000 ` iv) ZZ )ursnouq- ano; urgI ssaT 211znrg TaOzrd .zo DoT r alra.zo of utrAr sr os 10a )apTAlp os aq fou TTrus paA.zaw aq 01 pauTw.za;ap sTao.zrd .zo slo7 6Z •ra.zV jo7 Pauzgwo0 '2'903T 8Z • @Poo D uz uoZ CIT 0 I �Z auk. go 509T uozIOaS uz papznozd sr paoiIou aq TTrgs 'uTzrag ozTgnd 9T z000.z a ou nous aOTIou Dons hum a0uaptna anTaoai pzrS pap q PT 91 o�s;uawasnCpy �uzuoZ To pzrog auk- azo;aq Jutzrau OTTgnd r aq TTrgs azag; `Gol ou aq4 go ,julpjooa.z au; o�- zoTzd sf\rP (OS) �IzZgq- IS -COT ZZ papznozd `, Iaodo.zd Traz auD- 2uTgzzoSOP iSTzrTnoiIard purl zZ szaum0 pzo09z aq; To sawru pqI QuTS�zOads za2zaw gons o aoTjou r ZZ ,C;unoo saTa,uy sol To zapzooa,d agj gITm pzo0az JOT Pa TT; aq 01 asnr0 01 TTrus IT `SOZT uoT;oaS of lurnsznd paAzaw suu AIzadozd Traz �rql 6 afp@lmoux srq A;alrS Pur :OuTPTTng To ;uawj-audaQ aq; .zanauaglrk 8 •za2zajn To aotjoN s;oq pauTgwoo 'Z'90ET sTaozrd zo SIOT eons To azow zo auo Sur uo aOuru'Pzo szg; go AlT 9 -wzojuo0uou AU -C uz gTnsaz ol sr os panowaz aq fou TTuus s�uawano.zdwi g pazznbaz Bons `dTuszaumo uowwoo zapun suoszad azow zo auo Aq paumo sTaozrd zo s;oT snon2111100 azow zo omq uodn Pa-lonzlsuo aq oq a.zr zo Iszxa gorag rsowzaH To PITO agl go sa0uruTPzo zagI0 zo sTgI 01 gums -and Pauzrqutrw pur papznozd aq of Pazznbaz sIuawanozdwT uaghl Z 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 28 1981. PASSED, APPROVED and ADOPTED this lOthday�of November, , t �� PRESIDENT of the City Peuncil, and MAYOR of the City of Hermosa Beach, California ATTEST: l/LG,/ « CITY CLERK J APPROVED AS TO FOR i :� /1 CITY ATTORNEY RESOLUTION P.C. 81-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH TO REPEAL SECTIONS 1203, 1203.1 AND 1203.2 OF THE ZONING CODE AND TO ENACT NEW SECTIONS 1203, 1203.1, 1203.2, 1203.3, AND 1203.4 TO ADDRESS COMBINED LOTS. WHEREAS, new state legislation under Government Code Section 66424.2 requires certain procedures to perfect the merging of combined lots pursuant to the provisions of Article 15, Section 1501 of the Zoning Ordinance; and WHEREAS, -the Planning Commission held a public hearing on December 1, 1981; and WHEREAS, the Planning Commission has determined that the combined lot ordinance has merit and its original interest is worth preserving in that building practices today are more intensive than the past and the combined lot ordinance controls the intense usage; NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach does hereby does recommend: 1. To repeal Sections 1203, 1203.1, 1203.2, 1203.3 and 1203.4 as shown in City Council Resolution 81-4476. 2. Perform an organized -program of discoveries, notifications, hearings and recordings of all lots in the City which are being merged (or have been merged), after which discovery of mergings shall proceed by the City's usual routine techniques. VOTE: AYES: Comms. Cummings, Loosli, Peirce, Smith Chmn. Izant NOES: COMMS. Donnelly, Rue ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 81-43 is a true a complete record of the action taken by the Planning Commission of Hermosa Beach at their regular meeting of December 1, 1981 Date 0 ROBERT CUMMINGS, SECREr� Y 4 Amok agency from providing the necessary notice at the same time and in the same manner as public notice otherwise required by law for such project. (Added by Stats. 1980, Ch. 1154. Effective September 29, 1980.) Failure to receive 66451.5. Failure to receive the notice required by Section notice 66451:3 or 66451.4 shall not invalidate any action taken pursuant to this division. (Added by Stats. 1982, Ch. 87.) �. Article 1.5. Merger of Parcels a Exclusive authority for 66451.10. Notwithstanding Section 66424, except as is merger of contiguous otherwise provided for in this article, two or more Conti - parcels guous parcels or units of land which have been created under the provisions of this division, or any prior lase regulating the division of land, or a local ordinance enacted pursuant thereto, or which were not subject to such provi- sions at the time of their creation, shall not be deemed merged by virture of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them. This article shall provide the sole and exclusive authority for the merger of contiguous parcels. On and after Jan- uary 1, 1984, parcels may be merged by local agencies only in accordance with the authority and procedures prescribed by this article. (Added by Stats. 1983, Ch. 845.) Mote: Stats. 1983, Ch. 845, also contains the following: Uncodified policy SEC. 4. The repeal of subdivision (b) of Section 65424.2, .� by Section 1 of this act, shall not be construed to affect the status of any parcel deemed unmerged pursuant to that subdivision. Any parcel unmerged pursuant to that subdivi- sion, and which has not subsequently been merged, shall for the purposes of this act be considered a separate parcel. Requirements for merger 66451.11. A local agency may, by ordinance which con- forms to and implements the procedures prescribed by this article, provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if all of the following requirements are satisfied: (a) At least one of the affected parols is not developed with a structure, other than an accessory structure, for which a building permit was issued by the local agency, or which was built prior to the time such permits were required by the local agency. (b) With respect to any affected parcel, one or more of the following conditions exists: him (1) Comprises less than 5,000 square feet in area at the time of the determination of merger. 163 164 (2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Does not meet current standards for sewage disposal and domestic water supply. (4) Does not meet slope stability standards. (5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) Its development would create health or safety hazards_ (7) Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. The ordinance may establish the standards specified in paragraphs (3) to (7), inclusive, of subdivision (b), which shall be applicable to parcels to be merged. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Filing notice of merger 66451.12. A merger of parcels becomes effective when the local agency causes to be filed for record with the recorder of the county in which the real property is located, a notice of merger specifying the names of the record owners and particularly describing the real property. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Notice of intention to 66451.13. Prior to recording a notice of merger, the Determine status local agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the county in which the real property is located on the date that notice is mailed to the property owner. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Property owner's request 66451.14. At any time within 30 days after recording for hearing of the notice of intention to determine status, the owner of the affected property may file with the local agency a request for a hearing on determination of status. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) 164 Hearing on determination 66451.15. Upon receiving a request for a hearing on 9Pof status determination of status, the local agency shall fix a time, date, and place for a hearing to be conducted by the legislative body or an advisory agency, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the local agency's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the local agency and the property owner. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Determination of merger 66451.16. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance. At the conclusion of the hearing, the local agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. If the merger ordinance so provides, a determination of nonmerger may be made whe- ther or not the affected property meets the standards for merger specified in Section 66451.11. A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 66451.12_ This section shall become operative July 1, 1984. Ask (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Time limit for requesting 66451.17. If, within the 30 -day period specified in Section a hearing 66451.14, the owner does not file a request for a hearing in accordance with Section 66451.16, the local agency may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 no later than 90 days following the mailing of notice required by Section 66451.15. This section shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Determination of 66451.18. If, in accordance with Section 66451.16 or nonmerger 66451.17, the local agency determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 66451.12 a release of the notice of intention to determine status, recorded pur- suant to Section 66451.13, and shall mail a clearance letter to the then current owner of record. This section shall become operative July 1, 19$4. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Merger procedures 66451.19. (a) A city or county having a merger ordinance an- in existence on January 1, 1984, shall no later than Jan- ® uary 1, 1986, file a notice of merger for any parcel merged pursuant to such ordinance prior to January 1, 1984. After 12-78-W 165 166 January 1, 1986, no parcel merged pursuant to such ordi- nance prior to January 1, 1984, shall be considered merged pursuant to such ordinance unless such notice of merger is recorded. (b) A city or county having a merger ordinance in exis- tence on January 1, 1984, may until July 1, 1984, continue • to effect the merger of parcels pursuant to that ordinance, unless the parcels would be eligible for unmerger pursuant to the criteria specified in Section 66451.25. The local agency shall record a notice of merger for any parcels merged pursuant to that ordinance. (c) At least 30 days prior to recording a notice of merger pursuant to subdivision (a) or (b), the local agency shall advise the owner of the affected parcels, in writing, of the intention to record the notice and specify a time, date, and place at which the owner may present evidence to the legislative body or advisory agency as to why such notice should not be recorded. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Amendment of merger 66451.20. Prior to amending a merger ordinance which ordinance was in existence on January 1, 1984, in order to bring it into compliance with Sec -tin 66451.11, the legislative body of the local agency shall adopt a resolution of intention and the clerk of the legislative body shall cause notice of the adoption of the resolution to be published in the manner prescribed by Section 6061. The publication shall have been completed not less than 30 days prior to adoption of the amended ordinance. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Adoption of merger 66451.21. Prior to the adoption of a merger ordinance ordinance in conformance with Section 66451.11, by a city or county not having a merger ordinance on January 1, 1984, the legislative body shall adopt a resolution of intention to adopt a merger ordinance and fix a time and place for a public hearing on the proposed ordinance, which shall be conducted not less than 30 nor more than 60 days after adoption of the resolution. The cleric of the legislative body shall cause a notice of the hearing to be published in the manner prescribed by Section 6061. Publication shall have been completed at least seven days prior to the date of the hearing. The notice shall: (a) Contain the tent of the resolution. (b) State the time and place of the hearing. (c) State that at the hearing all interested persons will be heard. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) 166 ' Article 1.7. Unmerger of Parcels City notification of 66451.25. Any city in which, prior to January 1, 1984, merger to county parcels of real property have merged by reason of their being contiguous and having come under common ownership shall notify the tax collector for the county in which the . city is situated that there are parcels within the city which have merged. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) County procedure to 66451.26. The tax collector of a county who receives a ' notify taxpayer of notice pursuant to Section 66451.25, and the tax collector merger of any other county in which, prior to January 1, 1984, parcels in the unincorporated territory have merged by _ reason of their being contiguous and having come under the same ownership, shall enclose with the county tax bill for property on the secured roll for taxes due November 1, 1984, a notice to the taxpayer that contiguous commonly owned parcels in the city or in the unincorporated territory of the county may have merged, and naming those cities in which merger has occurred. The city shall reimburse the county for the cost of providing notice of merger of parcels within the city. ' The notice may be sent to the taxpayer separately by first-class mail if it is impractical to include the notice with the tax bill. Mailed notice shall be sent on the same date that tax bills are mailed. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Alternative notification 66451.27. (a) The board of supervisors of any county procedures may, by February 1, 1984, elect to utilize individual mailed notices to property owners as an alternative to the notifi- cation procedures prescribed by Sections 66451.25 and 66451.26. Upon electing the alternative procedure, the county shall notify all cities within the county of its election. (b) Not more than 90 days following an election made . pursuant to subdivision (a), the county, and each city within the county, shall cause to be mailed by first-class mail to each record owner of real property within their respective jurisdictions, a notice that contiguous commonly owned parcels may have merged. The requirements of this subdivi- sion and of Sections 66451.25 and 66451.26 shall be appli- cable only to a city or a county in which, prior to January 1, 1984, parcels have merged by reason of their being conti- guous and having come under the same ownership. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) . Time constraints on 66451.28. At any time within 90 days after mailing the recordation of notice notice required by Section 66451.26 or 66451.27, if a notice of merger of merger has not been recorded against the affected property prior to January 1, 1984, the owner may file with the local agency a request for a hearing on determination 167 of status. The local agency may require the property owner to submit information deemed necessary to determine the status of the parcels. Upon receipt of . such information, 168 the request shall be deemed complete and filed. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Processing a request for 66451.29. A request for a determination of status shall determination of status be processed as a development project pursuant to Chap- ter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Criteria for unmerger of 66451.30.- Any parcel which has merged, and for which merged parcels not a notice of merger has not been recorded on or before recorded by 1/1/84 January 1, 1984, shall be unmerged if on that date: (a) The parcel meets each of the following criteria: (1) Comprises at least 5,000 square feet in area. (2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation. (3) Meets current standards for sewage disposal and do- mestic water supply. (4) Meets slope density standards. (5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability. (6) -its unmerger and development would create no health or safety hazards. (7) The unmerged parcel would be consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (b) And, with respect to such parcel, none of the following conditions exist: (1) One or more of the contiguous parcels or units of land is enforceably restricted open -space land pursuant to a contract, agreement, scenic restriction, or open -space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (2) One or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51100, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201. (3) One or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency. (4) One or more of ttre contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency. (5) Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been 168 identified or designated as being of insufficient size to support residential development and where the identification or designation has either (A) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (B) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal devel- opment permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based_ ' For purposes of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. Each city or county, as applicable, may establish the standards specified in paragraphs (3) to (7), inclusive, of subdivision (a), which shall be applicable to parcels to be unmerged pursuant to this section. (Added by Stats. 1983, Ch. 845. See note following section 66451.10.) Determination of merger/ 66451.31. Upon application made by the owner and unmerger payment of any fees authorized by Section 606451.33, the local agency shall make a determination that the affected parcels have merged or, if meeting the criteria of Section AMk (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) 169 66451.25, are to be unmerged. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Notification upon 66451.32. (a) Upon a determination that the parcels determination have not merged, the local agency shall so notify the owner_ (b) Upon a determination that the parcels have merged and that the parcels meet the standards for unmerger specified in Section 66451.30, the local agency shall issue to the owner and record with the county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this article. (c) Upon a determination that the parcels have merged and do not meet the criteria specified in Section 66451.30, the local agency shall issue to the owner and record with the county recorder, a notice of merger as provided in Section 66451.12. (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) Imposition of fee for 66451.33. A city or county may impose a fee not to unmerger exceed those permitted by Chapter 13 (commencing with Section 54990) of Part 1, payable by the owner, for those costs incurred with respect to a parcel for which application for unmerger is made, which are necessitated by compliance with this article. AMk (Added by Stats. 1983, Ch. 845. See note following Section 66451.10.) 169 AMENDED IN SENATE MARCH 29, 1984 AMENDED IN SENATE MARCH 15, .1984 AMENDED IN ASSEMBLY JANUARY 23, 1984 CALIFORNIA LEGISLATURE -1953-M REGULAR SESSION A SEMI SLY BILL No. 894 Introduced by -Assemblyman February 24, 1983 An act to amend Sections 66451.11, 66451.12, 66451.13, 66451.14, 66451.15, 66451.16, 66451.17, 66451.18, 66451.19, 664571.30, 66451.31, 66451.32, and 65451.33 of, and to repeat Sections 66451.25, 66451.26, 66451.27, 66451.28, and 66451.29 of the Government Code, relating to real property, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 894, as amended, Cortese. Real property: subdivisions: merger. (1) Existing law prescribes procedures and criteria by which a city or county, pursuant to local ordinance, may effect the merger of 2 or more contiguous parcels of land held by the same owner, and unmerges previously merged parcels for which a notice of merger had not been recorded, if the parcel meets specified criteria. This bill would revise those procedures and criteria. (2) Various provisions of existing law relating to -merger of parcels, as enacted by Chapter 845 of the Statutes of 1983, do not become operative until July 1, 1984. This bill would delete the delayed operative date of those provisions. (3) Existing law requires cities and counties to give, specified notices for the purpose of informing the owners of 0 4(j ^,'. :9.?... �To.r=kv:+'►rA1.-.Y.-�fp.•V1r ✓rS -{: �..s ,. .'-.. AB-, 894 —2— contiguous parcels of land that the parcels may have merged, and prescribes procedures whereby the property owner may request a determination by the local agency that the parcels are merpged or that the parcels, meeting specified criteria, are Lz unrnerged. as This bill would delete those notice requirements and would, instead, render void any merger of parcels resulting from a local agency's failure to comply with the requirements k of existing law, as amended by this bill, for effecting a merger, and would render voidable any merger resulting from a local agency's failure to comply with any prior law estabishing requirements for the merger of contiguous parcels. The bill would provide for a determination by a city or county that parcels meeting specified criteria are deemed not to have merged. � Ex (4) The bill would state the Legislature's intent regarding certain of its provisions. By revising the existing procedures and criteria pursuant to 7 which commonly -owned, contiguous parcels may be merged by cities and counties, the bill would impose a state -mandated local program. (5) Article XIII B of the California Constitution and k Sections 2231 and 223=1 of the Revenue and Taxation. Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other' provisions require . the Department of Finance to review kT statures disclaiming these costs and provide, in certain cases, _s for making claims to the State Board of Control for reimbursement. However, this bill would provide that no appropriation is made and no reimbursement is required by this act for a specified reason. t' 6 The bill would take effect immediately as an urgent tY () y urgency statute. Vote: Zis. Appropriation: no. Fiscal committee: yes..,; State -mandated local prop am;'yes. ' :�1 •pa2.iau-iaq o4 sloo red o4 algEoilddE aq IIEgs goigm `anisnloLii `(L) o4 (E) sgdi:avxed ui paiUioods sp.LEpuels eqa Llsilquisa keui aoui=uipio aqj •sp mpuu4s A41suap .ro azis qol Lanuiruiu-i uEg4 .iag4o `uEld oiUiaads ojgEoilddE.Kuu pu'u weld IE Lauax9 algi=oildd-e aq} tillm. jualsisuooLn sI (L) •sp.MZLtl ,f4arEs Lo y1raq olvojo pinom auauidOlanap S1I (9) ' ..q-eJannau T -u PuP ssaaoe 4uauidmba lgajus pun selnoigan .ioj a4Enbape si goigm ssaoar re,3al Ou seH (S) •splvpu-e4s /viiTrge4s adols jaaLu jou saoQ (I,) 'Alddns i@4uAi opsauzop puE jusodsrp aDEN,as. loj spxepuris I.ua uno 4aaui 4ou saoQ (E) -uoi4i;a:o s4z Jo auR4 aLp It 43ajja ui saoueurp.io pue smEl algi o.Iddi; L.pt« aoucildwoo LII pa4Ea.io lou sEM (9) •.zaLaaui jo-u014i;uiuualop-aq4 jo aLzxq aL{4 iE Eaxu in i;gaj. axenbs Q,00`S uEg4 ssal sasuduioD (T) :sTsrxa suotIipuoo "uin�olloJ aq4 jo. a.iouz .Lo auo `leaiud pa43ajp Cue 04 goadsa.i tTg1M (q) 'Iiun .io Iao.md snon2iquoo E uo pads Arpq ied osle si jrg4 - a,Moru4s luossaaoE Ule ueup x3yo `o n.7arzz4s A�'q alAizis E_LI�LM padolanap R -io `sa.riu n ias �flossaaa� so a iii�on s � IOSSaooE iIE q�in� XIuo padolanap ST.10 ` LioT on ilsuo3 jo ,LULL aq4 4E paimba z 4ou s Am 41-Tu;@d "Otnplinq -v UorqAs ion io panssi sEn� iiuizad Sur linq E goighl ion a rrz�an res ` t. . due �Cq p-adolanapun si slao.rEd paloajp aLp fro auo asEol 4y (E) :paigsi;Es an sluauzaxmba.r BULnkolloj O p 3o IIE 3? Pulc PUPI jo s! jun ao slao.xEd.ag4 o4 algr.�-,gddE AauaSr ;cool 0114 30 aoueuip.iO 2uzuoz aT rgpun 'ams loo zed umurtuiL.0 .ioj sp.rEpu64s of ui .ojuoo 4ou scop .lGUA'.o ;?=S 2Lp Aq plaLq s1iun io slao and snoii2quo3 aq4 jo auo Cue ji saunAO aures oql Xq plaq 4nm .ro laamd snon2i4uo3 E tl4lm �Fm to IdoaTd E jo -'a2.1eLzi aqz .LOQ apino.id `aloipiE siLl� hq p aquosa rd sa Lnpaoo id. aq4 s4uauialdLui pLre .o4 su -10 juoo iloigm aoueLfip.io Aq `�4eLrz �foua E iEooI 'TT'TSi�99 :peai 04 papuaum sl opoo 4uauzLuanOf) aq4 JO Tl -M99 uopoag •T NOIdoaS ojj J sv 1oeura Op Vra�o�j fo OM.9 aq7 fo --[do--d aql —E— --4- 1 For purposes of d-termining whether contiguous 2 parcels are held by the same owner, ownership shall be 3 determined as of the date that notice of intention to 4 determine status is recorded. 5 This subdivision shall not apply if one of the following 6 conditions exist: 7 (A) On or before July 1, 1981, one or more of the 8 contiguous parcels or units of land . is enforceably 9 restricted open -space land pursuant to a contract, 10 agreement, scenic restriction, or open -space easement, as 11 defined and set forth in Section 421 of the Revenue and 12 Taxation Code. 13 (B) On July 1, 1981, one or more of the contiguous 14 parcels or units of land is timberland as defined in 15 subdivision (f) of Section 51100, or is land devoted to an 16 agricultural use as defined in subdivision (b) of Section 17 51201. 18 . (C) On July 1, 1981, onL or more of the contiTuous 19 parcels or units of lard is located within 2,0G0 feet of the 20 site on which an existin j commercial mineral resource 21 extraction use is being made, whether or not the. 22 extraction is being made pursuant to a use permit issued 23 by the local agency. 24 (D) On July 1, 1981, one or more of the contiguous 25 parcels or units of land is located within 2,01,`-0 feet of a 26 future commercial mineral extraction site as shown on a 27 plan for which a use permit or other permit authorizing 28 commercial mineral resource extraction has been issued 29 by the local agency. 30 (E) Within the coastal zone, as defined in Section 31 30103 of the Public Resources Code, one or more of the 32 contiguous parcels or units of land has, prior to 'July 1, 33 1981, been identified or designated as being of 34 insufficient size to support residential development and 35 where the identification or designation has either (i) 36 been included in the land use plan portion of a local 37 coastal program prepared and adopted pursuant to the 38 California Coastal Act of 1976 (Division 20 of the Public 39 Resources Code) , or (ii) prior to the adoption of a land 40 use plan, been made by formal action of the California -5— Coastal Commission pursuant to the provisions of the California' Coastal Act of 1576 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (C) and (D) . of this subdivision, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other Similar commercial mining activity. i SEC. 12. Section 66451.12 of the Government Code is amended to read: j 66451.12. A merger of parcels becomes effective when the local agency causes to be filed for record with the recorder of the county in which the real property is j located,. a notice of merger. specifying the names of the j record owners . and particularly. describing the real 10 prOverty. 19 SEC. 1.3.- Section 66451.13 of the Government Code is 20 amended to read: 21 66451.13. Prior to recording a notice of merger, the 22 local agency shall cause to be mailed by certified mail to 23 the then current record owner of the property a notice 24 of intention to determine status, notifying the owner that - 925 the affected parcels may be merged pursuant to 26 standards specified Ln the merger ordinance, and 27 advising the owner of the opportunity to request a 23 hearing on determination of status and to present 29 evidence at the hearing that the property does not meet 311 the criteria for merger. The. notice of intention to .31 .determine status shall be filed for record with the 32. recorder. of the county in which the real property is 33. located on the date that notice is mailed to the property :34.� owner.. _ —35--, SEC.1.4. Section 66451.14 of the Government Code is .36 amended to read: - .31. ;... 66451.14. . At any time within 30 days after recording 38 to the notice of intention to determine status, the owner 39 of the affected property may file with the local agency a request for a hearing on determination of status. AB 894: 1 3 5 6 8 10 11 12 13 14 15 16- 17 18 19 20 21 2-2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 . 40 -6- SEC. 1.5. - Section 60451.15 of the Government Code is aended to read: 66451.15. Upon receiving a request for a hearing on Determination of status, the local agency shall fix a time, date, and place for a hearing to be conducted by the legislative body or qui advisory agency, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the local agency's receipt of the property owner's rr-q�uest therefor, but may be postponed or Continued :�.th t:;C mutual, consent of the local agency and the property owner. SEC. 1.6. Section 65451.16 of the Government Code is amended to read: 66451.16. At the hearing, the property owner shall be c ven the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance. At the conclusion of the hearing, the local agency shall make a determination that the affect -d parcels are to be merged or are not to be merged and shall so notify the' owner of its determinatiozi. If the merger ordinance so provides, a determination of nonmerger may be made, whether or not the affected property meets the standards for merger specified in Section 6&41311-11. A determination of merger shall be recorded 4vit;iin 30 days after conclusion of the hearing, as prWllided for in Semon 60451.12. SEC, 1.7. Section 6+51.17 of the Government Code is amended to read: 66451.17. if, within the 30 -day period specified in Section 66451.14, .the owner does not file a request for a hearing in accordance with Section 66451.16, the local agency may, at any time � thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 no later than 90 days following the mailing of notice required by Section 66451.15. SEC. 1.8. Section 66451.18 of the Government Code is -7— AB 894 1 amended to read: 2 66451.18. If, in accordance with Section 66451.16 or 3 65451.17, the local agency determines. that the subject 4 property shall not be merged, it shall cause to be 5 recorded'in the manner specified in Section 66451.12 a 6 release of the notice of intention to .determine status, -7 recorded pursuant to Section 66451.13, and shall mail a 8 clearance letter to the then current owner of record. 9 SEC: 2. Seet;ion 66451.19 of the Government Code is 10 amended to read: 11 66-151.19. (a) A city or county hfeeit�g s , ffie 12 e��e � ewe e J l f shall no later 13 than January 1,1988, -54e record a notice of merger for any 14 parcel merged peter to f-� prior to 1.5 January 1; 1984. After January 1, 1985, no parcel merged 16— � prior to January 1, 198, shall 17 be considered merged i�a atj r3-�� unless 18 such notice of merger to has been recorded prior to 19 J% nuary 1, 1986.- 20 (b) Notwithstanding the provisions of Sections 21 66451.12 to 6&451.18, inclusive, a city or county having a 22 merger ordinance in existence on January 1, 1984, may, 23 until July 1,198-4, continue to effect the merger of parcels 24 pursuant to that ordinance, unless the parcels would be 25 deemed not to have merged pursuant to the criteria 26 specified in Section 66451.30. The local agency shall 27 record a notice of merger for any ' parcels merged 28 pursuant to that ordinance. 29 (c) At least 30 days prior to recording a notice of 30 merger pursuant to subdivision (a) or (b), the local 31 agency shall advise the owner of the affectyd parcels, in 32 writing, of the 'intention to record the notice and specify 33 a time, date, and place at which the owner may present %3a evidence to the legislative body or advisory agency as to 35 why such notice should not be recorded. 36 (d) The failure of a local agency to comply with the 37 requirements of this article for the merger of contiguous 38 parcels or units of land held in common ownership shall 39 render void and ineffective any resulting merger or 40 recorded notice of merger and no further proceedings. AB 894 OMM I under the provisions of this division or a local ordinance 2 enacted pursuant thereto shall be required for the 3 ,purpose of sale, lease, or financing of such contiguous 4 parcels or units, or any of them, until such time as the 5 parcels or units of land have been lawfully merged by 6 subsequent proceedings initiated by the local agency 7 which meet the requirements of this article. 8: (e) The failure of a local agecny to comply with the. 9 requirements of any prior law establishing requirements 10 for the merger of contiguous parcels or units of land held 11 in common ownership, shall render voidable any 12 resulting merger or recorded notice of merger. From and 13 after the date the local agency determines that its actions 14 did not comply with the prior law, or a court enters a 15 judgment declaring that the actions of the agency did not 16 comply With the prior law, no further proceedings under 17 the provisions of this division or a local ordinance enacted 18 pursuant thereto shall be required for the purpose of sale, 19 lease, or financing of such contiguous parcels or units, or 20 Amy of them, until such time as the parcels or units of land 21 have been lawfully merged by subsequent proceedings 22 initiated by the local agency , which meet the. 23 requirements of this article. 24 SEC. 2.1. 'Section 664-51.25 of the Government Code is 25 repealed. 26 SEC. 2.2. Section 66451.26 of the Government Code is 27 repealed. 28 S.F.C. 2.3. Section 5645127 of the Government Code is 29 repealed. 30. SEC. 2.4. Section 66451.28 of the Government Code is 31, repealed. 32 SEC, 2.5. Section 6645129 of the Government Code is 33 repealed. _ 34 SEC. 3. Section 66451.30 of the Government Code is 35 amended to read: - 36 66451.30. .Any parcels or units of land for which a 37 notice of merger had not, been recorded on or before 38 January 1, 1984, shall be deemed not to have merged if on 39 January 1, 1984: 40 (a) The parcel meets each of the following criteria: -9— AB 894 1 (1) Comprises at least 5,000 square feet in area. 2 (2) Was created in compliance with applicable laws 3 and ordinances in effect at the time of its creation. 4 (3) Meets current standards for sewage disposal and 5 domestic water. supply. 6 (4) Meets slope density standards. 7 (5) Has legal access which is adequate for vehicular 8 and safety equipment access and maneuverability. - 9 (6) Development of the parcel would create no health 10 or safety hazards. 11 (7) The parcel would be consistent with the applicable 12 general plan and any applicable specific plan, other than 13 minimum. lot size or density standards. 14 (b) And, with respect to such parcel, none of the 15 following conditions exist: 16 (1) On or before July 1, 1581, one or more of the 17 contiguous parcels or units of land is enforceably 13 restricted -open-space land pursuant to a contract, 19 agreement, scenic restriction, or open -space easement, as 20 defined and set forth in. Section 421 of the Revenue and `21 Taxation Code. 22 (2) On July .1, 1981, one or more of the contiguous 23 parcels or units of land is timberland as defined in 24 subdivision (f) of Section 51100, or is land devoted to an 25 agricultural use as defined in subdivision (b) of Section 26 51201. 27 (3) On July -1, 1981, one or more of the contiguous 28 parcels or units of land is located within 2,GW feet of the 29 site on which an existing commercial mineral resource 30 extraction use is being made, whether or not the 31 extraction is being made pursuant to a use permit issued { 32 by the local agency. - 33 . (4) On July 1, 1981, one or more of the contiguous 34 parcels or units of land is located within 2,040 feet of a 35 future commercial mineral extraction site as shown on a 36. plan for which a. use permit or other permit authorizing 37 commercial mineral resource extraction has been issued 38 by the local agency. 39 (5) Within the -coastal zone, as defined in Section 40 30103 of the Public Resources Code, one or more of the - AB 894 1 3 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30- 31 32 33 34 35 36 37 38 39 40 _10— contiguous 10— contigous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of f insufficient size to support residential development and where the identification or designation has either (A) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (B) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the J California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (3) and (4), "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or -sand extraction, geothermal wells, or other similar I commercial mining activity. 1 Each city or county, as applicable, may establish the ;1 standards specified in paragraphs (3) to (7), inclusive, O'Evil ii subdivision (a), which shall be applicable to parcels deemed not to have merged pursuant to this sect -on. SEC. 4. Section Government of the Covernent Code is amended to read: 66451.31. Upon application made by the owner and payment of any fees authorized by Section 68453..33, the local agency shall make a determination that the affected parcels have merged or, if meeting the criteria of Section` 651.30, are deemed not to have merged. E SEC. 5. Section 68451.32 of the Government Code is € amended to read: 66451.32:. (a) Upon a determination that the parcels meet the standards specified in Section X151.30, the local i agency shall issue to the owner and record with the county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are un.merged pursuant to this article. (b) Upon a determination that the parcels have merged and do not meet the criteria specified in Section . ..4.: .-r , �n..f.�. u..w... v ....vrr•.r:. .- ♦.n y`c tr.pa.�M.s»y. .....-. . r. ti .. - 1 AB 894 1 66451.30, the local agency shall issue to the owner and 2 record with the county recorder, a notice of merger as 3 provided in Section 68451.12. 4 SEC. 5.5. Section 66451.33 of the Government Code is 5 amended to read: 6 66451.33. A city or county may impose a fee not to ,i wed those permitted ,by Chapter 13 (commencing ",3:3vith Section 54990) of Part 1; payable by the owner, for 9 -thcrze costs incurred with respect to a parcel for which li3 application for a determination that the parcels meet the criteria of Section 66451.30 is made., r 1n ,C. 5.6. It is the intent of the Legislature, Ln amending the first paragraph of Section 66451.11 of the 14, Government Code, to restore the preexisting .15'j requirement of law that established as a necessary is precondition for a.merger of contiguous parcels or units 17 of land held in common ownership the requirement that 13 one or more of the parcels or units of land not conform 19 to standards for minimum parcel size to perp it use or 20. development under the zoning ordinance of the local 21 agency applicable to any such parcels or units of land. 2� The restoration of this requirement is -intended to Corr 2ct 23 its inadvertent deletion -in Chapter 846' of the Statutes of 2.1 1983 and shall therefore be construed as not constituting 25 a change in, but, as declaratory of pree:cisting law. 26 It is further the •intent o£ the Legislature in repealing 27 Sections 66451.25 to 66451.29, inclusive, and in .amending 28 Section 6&_40- 1.19, .of the Government Cade, to relieve 29 counties of the obligation to mail a general notice of 30 pot.ential mergers, in that speciric notices e$ z`r_,ei-te�e are 31 required to. be given pursuant to Seettie3i 32 Sections 66451.13 and 66451.19 of the Government Code, 33 as amended by this act. 34 It is also the intent of the Legislature in eliminating the 35 delayed operative date of July 1, 1984, formerly contained 36 in Sections 66451.11 to 66451.18, inclusive, of the 37 Government Code, that a local agency may `adopt a 38 merger ordinance which complies Nvith these provisions, 39 and which may then become effective on or after the 40 effective date of this act, rather than on or after July 1, AB .894 —12- 1 12-- 1 1984. 2 SEC. 6. No appropriation is made and no 3 reimbursement is required by ffiis act pursuant to Section 4 6 of Article YXIII R of the California Constitution or 5 Section 2.231 or 2234 of the Revenue and Taxation Code 6 because the local agency or school district has the; 7 authority to levy . service charges, fees, or assessments 8 sufficient to pay for the program or level 'of service 9 mandated by this act. 19 SLC. 7. This act is an urgency statute necessary for 11 the immediate preservation of the public peace, health, 12 or safety within the meaning of _Article IV of the i 13 Constitution and shall go into immediate effect. The facts ( i 14 constituting the necessity are; {I 15 This act would clarify the provisions of Chapter 845 of 16 the Statutes of 1983 relating to merger so that lQcalzj 17 agencies have char direction regarding the r 18 implementation of that chapter and can -proceed to E 19 merge or un -merge parcels according to the deadhnes 1' 20 imposed by that chapter. June 6, 1984 HONORABLE MAYOR and MEMBERS of the REGULAR MEETING of HERMOSA BEACH CITY COUNCIL June 12, 1984 THE 1985-1989 SHORT RANGE TRANSIT PLAN Recommendation That the City Council adopt the attached resolution approving the 1985-1989 Short Range Transit Plan. Background The Short Range Transit Plan is a document that must be prepared annually in order for the City to continue receiving Federal, State, and local transit assistance. This plan details operating and financial characteristics of the City's transit system, and includes an analysis of existing and projected levels of service. Analysis The purpose of the study is to develop a Short Range Transit Plan (SRTP) for the City of Hermosa Beach for the fiscal years 1985-1989. The SRTP evaluates existing transit services on an annual basis and provides justification for capital improvements, operating subsidies, and service modification plans for the next five years. The City of Hermosa Beach is constantly working to insure its residents an efficient and effective transit system. This five year plan includes �t customized 7 June 6, 1984 HONORABLE MAYOR and MEMBERS of the REGULAR MEETING of HERMOSA BEACH CITY COUNCIL June 12, 1984 THE 1985-1989 SHORT RANGE TRANSIT PLAN Recommendation That the City Council adopt the attached resolution approving the 1985-1989 Short Range Transit Plan. Background The Short Range Transit Plan is a document that must be prepared annually in order for the City to continue receiving Federal, State, and local transit assistance. This plan details operating and financial characteristics of the City's transit system, and includes an analysis of existing and projected levels of service. Analysis The purpose of the study is to develop a Short Range Transit Plan (SRTP) for the City of Hermosa Beach for the fiscal years 1985-1989. The SRTP evaluates existing transit services on an annual basis and provides justification for capital improvements, operating subsidies, and service modification plans for the next five years. The City of Hermosa Beach is constantly working to insure its residents an efficient and effective transit system. This five year plan includes providing customized service for the riders while at the same time offering a system that aims to be self funding. Within that plan, the City intends to utilize the private sector to the highest degree possible. The City, as indicated in the five year Short Range Transit Plan, is reaching its goal. Customized service is provided by the current transit components. offered by Hermosa Beach. The Dial -A -Ride system is a highly personal service, especially effective in serving the elderly and handicapped. Service is available for the June 6, 1984 ONORABLE MAYOR and MEMBERS of the REGULAR MEETING of HERMOSA BEACH CITY COUNCIL June 12, 1984 SPECIFIC PLAN FOR A HOTEL PROJECT IN THE DOWNTOWN AREA Pursuant to the last review by the City Council of the Specific Plan, Mr. Langlois will present to the Council a description of the height of the proposed hotel at each point including the roof and elevator mechanical structure. As indicated to you during the 5-22-84 public hearing, the mansard roof is not considered an exception to the height limit. Staff however, recommends approval of the design component since it is a substantial improvement to the structure with respect to the uphill view. For this meeting, staff recommends: a. Approval of a Specific Plan and Local Coastal Plan amendment for the project site. (Attached) b. Approval of Conditional Use Permits for alcoholic beverages, live enter- tainment, customer dancing and outside dining. C. Discussion of feasibility and design for parking structures on Lot B and Community Center, if time permits. d. Discussion and future direction to staff regarding the DDA, Option to Lease and Ground Lease, if time permits. With respect to the DDA, the City's Bond Counsel and development consulta,lts shall be available on the 6-26-84.meeting in order to clarify to the City Council some of the issues raised during public testimony at the 5-22-84 meFting. Pamela Sapetto Planning Director CONCUR: Greg Jry T. Meyer City Manager June 6, 1984 Honorable Mayor and Members City Council Meeting of the City Council of June 12, 1984 MERGER OF SUBSTANDARD LOTS Recommendation It is recommended that the City Council: 1) Adopt the attached resolution (Exhibit A) directing the Planning Commission to research and assess the provisions of Article 1.5 and 1.7, Chapter 3, Division 2 of Title 7 of the California Government Code. 2) Consider adopting the attached emergency interim ordinance (Exhibit B) which would prevent development on lots eligible for merger pending further action by City Council. Background The provisions of the Zoning Ordinance regulating combining lots (Section -s 1203 and 1203.1) were rendered invalid by Section 66424.2. of the California Government Code. This section has since been replaced by Articles 1.5 and 1.7, Chapter 3,- Division 2 of Title 7 of the Califoria Government Code as the sole authority for the merger of contiguous parcels. In November of 1981, the City Council passed a resolution of intention (81-4476) to repeal Sections 1203, 1203.1, and 1203.2 of the Zoning Ordinance and enact new sections which would conform to the requirements of Section 66424.2. by providing for due process noticing and public hearings. In December of 1981, the Planning Commission passed a resolution (P.C. 81-43) to recommend that the provisions of the previous City Council resolution (81-4476) be enacted. The resolution also recommended that the City perform an organized program of discoveries, notifications, hearings, etc. for lots which were merged or were to be merged. A fiscal analysis of the proposed program was performed but no further action was taken on the matter. The subject is being brought to the Council again at the request of a number of residents who submitted petitions. City Council Meeting - dune 12, 1984 Merger of Substandard Lots Page 2 Analysis The situation protested by the residents typically involves demolition of a single dwelling constructed over two or three very narrow lots followed by construction of a new dwelling on each lot of record. This increased density can have negative impacts such as loss of available street parking, increased traffic congestions, etc. The means to avoid this situation is by merging the lots into a single parcel. Merging of lots can only be accomplished within the guidelines established by Articles 1.5 and 1.7, Chapter 3, Division 2 of Title 7 of the California Government Code. Staff recommends #1 will provide for an assessment by the Planning Commission of the above referenced articles and how the require- ments for merger could be implemented. Items that should be addressed include: 1) magnitude - How many parcels are affected? 2) Environmental Impact - Cumulative effect if all potential parcels are developed? 3) Procedures - How is the mandated due process accomplished? 4) Fiscal Impact - What are the costs for implementing a program of merging lots? How are property tax revenues affected? Should the Council wish to prevent development on those lots potentially eligible for merger, the attached emergency interim ordinance could be adopted. Adoption of an emergency ordinance requires four (4) affirmative votes. Alternatives 1) The merger of lots is permissable by State law but not mandatory. The Council could choose to take no action. 0 William Grove, Director of Building & Safety Concur:C cur: rte r Greg ry If. M yer, Pa ela Sapetto, Cit Manager Director Planning 14 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 28 RESOLUTION NO. 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INDICATING ITS INTENT TO CONSIDER AMENDING THE ZONING ORDINANCE TO LIMIT DEVELOPMENTS OF SUBSTANDARD LOTS BY IMPLEMEN- TING THE REQUIREMENTS OF ARTICLES 1.5 AND 1.7 OF CHAPTER 3, DIVISION 2 OF TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE RELATING TO MERGER OF CONTIGUOUS PARCELS HELD UNDER THE SAME OWNERSHIP. WHEREAS, the provisions of the Zoning Ordinance regulating combining or merging of lots have been rendered invalid by State law; WHEREAS, Articles -1.5 and 1.7 of Chapter 3, Division 2 of Title 7 of the California Government Code contain provisions which cities must follow to merge contiguous lots held by the same owner; WHEREAS, the City Council finds that merging contiguous lots which are substandard in area may act to preserve the character of existing neighborhoods and reduce density; and NOTE, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission be directed to research and assess the provision of Articles 1.5 and 1.7 of Chapter 3, Division 2 of Title 7 of the California Government Code which regulates merger of contiguous lots held by the same owner. SECTION 2. That the assessment include appropriate Zoning Ordinance amendments, procedural guidelines and fiscal impacts. PASSED, APPROVED, AND ADOPTED this day of June, 1984. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED //A,,S TO FOP-11:� C C CITY CLERK CITY ATTORNEY 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 28 ORDINANCE NO. 84 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BEING AN EMERGENCY ORDINANCE ADOPTED PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE, PROHIBITING INDIVIDUAL DEVELOPMENT OF LOTS LESS THAN FOUR THOUSAND SQUARE FEET IN AREA WHEN SUCH LOTS ARE CONTIGUOUS TO LOTS HELD BY THE SAME OWNER, FOR A PERIOD OF FORTY-FIVE DAYS. WHEREAS, the City Council of the City of Hermosa Beach, California, has referred to the Planning Commission for study and consideration, possible amendments to the Zoning Ordinance limitin€ .r development of sub -standard lots in the City by implementing the requirements of Articles 1.5 and 1.7 of Chapter 3, Division 2 of Title 7 of the California Government Code relating to the merger of contiguous parcels held by the same owner; WHEREAS, Section 65858 of the Government Code of the State of California authorizes the adoption'of an interim ordinance as ar emergency measure prohibiting any usage of land which may be in conflict with a contemplated zoning proposal which the legislative body or Planning Commission is considering or studying or intends to study within a reasonable period of time; WHEREAS, there is a current and immediate threat to the public health, safety or welfare in the form of proposed develop- ment of sub -standard lots due to the cumulative effect of increasec density, traffic congestion, and reduction of available street parking and the approval of such developments and issuance of building permits therefore would result in a threat to public peace, health, safety or welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER"10SA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOII,S: SECTION 1. No use shall be commenced or established on lots which are eligible for merger pursuant to Articles 1.5 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 28 (commencing with Section 65451.10) and 1.7 (commencing with Section 66451.25) of Chapter 3, Division 2 of Title 7 of the California Government Code as presently enacted or hereafter amended, except that common ownership of continguous parcels is determined as of the effective date of this ordinance. SECTION 2. This ordinance is adopted as an urgency measure to protect the public safety, health or welfare, and shall take effect upon its adoption and shall continue in effect for a period of no longer than forty-five days; provided, however, that after notice pursuant to Section 65856 of the Government Code and a public hearing the City Council may extend the effectiveness of this ordinance for a period of ten months and fifteen days and thereafter for an additional period of one year. SECTION 3. The City Council expressly finds that there is a current and immediate threat to the public health, safety or welfare in the form of proposed development of substandard lots in the community and that the approval of such proposed developments or issuance of building permits therefore would result in a threat to public peace, health, safety or welfare. PASS, APPROVED, AND ADOPTED this day of June, 1984. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: C) CITY ATTORNEY -2- We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state -law has given the City of Hermosa Beach to "remerge" these parcels. Since there is a pending development on 24th Place, we are asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood is allowed. NAME /LEEN Nf}Pa[..�aN cU F" 2.air ,2G, A<DI409C 1 - Do .Sv o 8. a 10. 'OT J'6 OrvQwkN-jJ -8 -'-qd -`�ih �f _ /vi �Q • L i / •paMoTTP sT poog3ogq6T9u ino uTggTM AgTsuap aqg saseaJouT gegg guauidoTanap -iuP azo_qaq Met sTgg uo 6uTisaq TTng jog AgTungioddo ue uanT6 aq pTnogs pagoajje sguapTsaj aqg gPgg anaTTaq 914•uinTzoge:IouI P 6utssed Aq ATageTpaiuuit goP og noA 6uT31se aze am 'aoeTd g4tZ uo guawdoTanap buTpuad P ST a�agg aouTS •sTaojPd asagg „abjautai. og goPae PSOMJag 90 AgTO aqg uanTb seq MPT agegs aqg goTgM sauTTapTn6 aqg MoTTOJ og TTouno:) �qTo aqg 6utuotgTgad alt? am 'sazngPu6Ts ino Ag •goeag Psouizag 3o AgTZ) aqg uTggtM sTaosed pabiaui ATsnoTnajd TTP „sa5jauiun, goTgM uoT4PTsT69T agegs pagouua ATguaoaa aqg asoddo 'pauBTs3apun aqg 'aM • v �.• �• • ':•� :• �Obfiftftl /� 4aea8 es.Lu aH U 3fielo ""3 *61 S � Nor 1 8 uj1d 51984 . Clty Clerk City of Hermosa Beach PETITION ME MORATORIUM Qui DEVELOPMENT QZ "MERGED" We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state law has given the City of Hermosa Beach to "remerge" these parcels. Since there is a pending development on 24th Place, we are - asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood is allowed. tis cna4tr����....�-- 4A)n �, LYN 04�.F*, 774-p 1 4. Ju'k/,r 5 L. 601— .? oi. / !►1 z .l✓i��� s .1��1 d ins ��-.�'�: �,.� 8 . �LI�� �� r j�/� 6 3 — L/ k-rLr c- I1I5 0 io. int 8 Ir" ti .a r 5 1984 L City Clerk j 2 'City of Hermosa Beach PETITION FU MORATORIUM Q.H_DEVELOPMENT QF "MERGED" We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state law has given the City of Hermosa Beach to "remerge" these parcels. Since there is a pending development on 24th Place, we are asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood is allowed. NAME �o �iy �•�/s/ rt. 3. 15 T RPt 77D n eL 5. / -04;A) 07 6. 7. EDMUr1D L, 3-0 Ce -V 6 Y Ztfx� P 9, AS - 24Q. L to) M4•C M04 •. ti •� •'ti _ v J U N 5 1984 �•. CRY Crerk City of Hermosa Beach We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state law has given the City of Hermosa Beach to "remerge" these parcels. Since there is a pending development on 24th Place, we are asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood is allowed. NAME ADDRESS SBF 2. 3. 7AC°�<�/ !� U fl fIX rlc oc (�^%_� L �� ��, ` X�� G ryc ac 6. ► r� ;i l� )ice l i �, �h .� �� r,�i��u�, r���„��;� `f= NY 2-q S, _� , UN 5 1984 L "Y Clerk City of Hermosa Beach �� PETITION FDR MORATORIUM QN DEVELOPMENT 'MERGED"\ u� We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state law has given the City of Hermosa Beach to "remerge" these parcels. Since there is a pending development on 24th Place, we are asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood y allow d. NAME ADDRESS ,SIGNATURE II r ,s 2 • 3 4. ����c',✓ /� Ji:1��i YLi �� S�-S% 6 .�' I'� S ���,� Com- e 7. s. lo. e77 �11?1— 61 H 4s -,,-.t- I Z S %�sz %z9 c •paMoTTP sz poog3ogqBTau .zno uig4Tm A4Tsuap aqq sasPazoui 4Pg4 quaucdoTanap XUP aJogaq MPT stgq uo buz'Pag TTnj ?oJ X4Tungioddo UP uanT6 aq pTnogs pagoaggP s4uapTsaz aqq gPgq anaTTaq am •uinTJOgP.zout P buissPd Xq XTagPTpaututT qoP o-4 noX butxsP aiP am 'aoPTd ggvz uo. quauidoTanap 6uipuad P si azagq aoutg •sTaojPd asagq „a5JaUlOJ. oq goPag Psoutiag go �qTD aqq uantb sPq MPT 'a4P4s agq goigM s9utTapin6 aq-4 MoTTOJ oq Tiounoo Xgiz) aqq buiuoigigad aar am 'sa:rngPubis ino Xq •goPag PsoiuJag -4o AgTO aqq utggTM sTaojPd pab.zaui XTsnotnald TTP esa5jatuun. goTgM not-4PTstbaT agPgs p94oPua XTquaoaj aqq asoddo 'paubTsjapun aqq 'aM IM W111110MUR UZ53 NOTITIRCI yoeag esowiaH p d31�1 )IA913 413 X861 S N r, T' % ¢ ,, �,�ti 5 1984- `� City Clerk �MY of Hermosa Beach PETITION RQR MORATORIUM Q11 DEVELOPMENT QR "MERGED" We, the undersigned, oppose the recently enacted state legislation which "unmerges" all previously merged parcels within the City of Hermosa Beach. By our signatures, we are petitioning the City Council to follow the guidelines which the state law has given the City of Hermosa Beach to "remerge" these 4 parcels. Since there is a pending development on 24th Place, we are asking you to act immediately by passing a moratorium. We believe that the residents affected should be given an opportunity for full hearing on this law before any development that increases the density within our neighborhood is allowed. NAME ADDRESS ( � �-^�SIGNATURE 1 P, AN 1< F4 H k , J, e 2 .ES77f ZZ . . FAlf e- 3. 4. 5. 6. 7. 10. 644 24th Place Hermosa Beach, CA June 5, 1984 Subject Unmerging of merged lots. To 1,:ayor Brutsch Rather,than add one more telephone call to the many ,you may be �i receiving, I will make my plea to the members of the Hermosa -Beach city council by letter. position on the proposed moratorium on unmerging of merged lots is to strongly oppose the unmerging process, and, hence, the proposed construction at 636 24th Place. This, in spite of the fact that my house is 33 years old, occupies two full lots, and has not been significally upgraded. Therefore, my property is a prime candidate for the same action as is being taken at yr 636, next door. Yet I feel that the immediate best interests cf the residents of 24th Place, and the long range best interests of the entire city, will be served by immediate application of this moratorium. Respectfully, Willis L. Dobbins May 31, 1984 City of Hermosa Beach • Civic Center Hermosa Beach, California 90254 Attention: Gregory T. Meyer City Manager Dear Mr. Meyer: Due to the number of merged parcels of land that have recently been unmerged and built upon in the city and the imminent possibility of one more parcel being divided, we are ur:;ing the City Council to act to declare a morator- ium on further actions of this kind until the City of Hermosa has the opportunity to examine the impact on the city of this increase in the density of established neighborhoods. please place this on the agenda of the next City Council meeting. A petition regarding this -_uestion 1aill be -presented to support this action. Sincere-ly,yo-urs IiAmond L. ,aters 015 24th place Hermosa Beach, California c.c.: Mayor Gary Brutsch SiVIH3"W 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 28 RESOLUTION 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE 1985-1989 SHORT RANGE TRANSIT PLAN. WHEREAS, an approved 1985-1989 Short Range Transit Plan is a prerequisite for applying for Federal, State, and Local Transit Assistance funds; and WHEREAS, the attached 1985-1989 Short Range Transit Plan adequately describes the existing system and provides projections for the anticipated provision and use of the system in the future. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS; Section 1. That the City Council of Hermosa Beach approves and adopts the 1985- 1989 Short Range Transit Plan. CERTIFICATION The undersigned duly qualified City Manager of Hermosa Beach certifies that the foregoing is a true and complete copy of a resolution adopted at a legally convened meeting of the City Gxrcil of Hermosa Beach held on June 12, 1984. City Manager of the City of Hermosa Beach Date California. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California. TYPED FROM ORIGINAL LETTER Mayor, City Council Dear Gary: I may not be able to make the proposed Biltmore project, a couple of thoughts. 6-12-84 the hearing tonight regarding but I wanted to pass along This decision, like most, is not "pure" yes or no. It's 60/40, good news and not. That's not intended to lead to dispair on your (all 5) part, rather to liberation in your decisionmaking. I lean 60 in favor, from what I have heard and read, knowing full well that I have reservations about 40. If you feel so inclined, based on the available information at this time and after much discussion and many hearings and group meetings, then vote accordingly. If you don't, then do that. But vote, one way or the other, knowing it is 60/40. Please don't throw it back to the voters through indecision on your (all 5) part. Negotiate the best possible agreement and go for it! Peace, /s/ Lance Widman Received June 12, 1984 at 2:45 P.M. IS May 30, 1984 HONORABLE MAYOR and MEMBERS of REGULAR MEETING of the HERMOSA BEACH CITY COUNCIL JUNE 12, 1984 FINAL MAP #42874 Recommendation Staff recommends final approval of Parcel Map #42874 located at 100-112 Monterey Boulevard, as submitted to Council as it is consistent with the tentative tract map. Tentative tract map approval was granted on June 7, 1983. It is recommended that the City Council: 1. Approve the map; 2. That City Council hereby finds that this project will not violate any of the provisions of Sections 66427.1, 66474, 66474.1, and 66474.6 of the Subdivision Map Act; 3. Instruct the City Clerk to endorse on the face of Tract Map #42874 the certificate which embodies the approval of said tract map. Lynn 6tevens Administrative Aide Pamela Sapetto Planning Director CONCUR: Greg ry .Myer City anager rl - tires .4 �-�-f'� �,' - � ■ I'y,U■4,� ' �-7 _ �_ pr c -1,�-j J .v ..y�^ 1' --�■'�'� y� _ �If _tom _ y ���-.r'•~1� `tib'' `��, � ■al 7-r -rte �-�� - 7",j 410 til KJ �,%-�__ y� lir �' r • SSR }-�•' + -i J RI _ �,w£ J - x f € a yam: � � . � _ f � � I a Y■-� ��:' ._ter,' -dl � y d � {• x pP - �� • �+ ti � � ': 1 *+� L ms s . T A ► a � _ �_ •Y rT rt_ r ,,mar ■.■''.1 ��' ..,Z i_�t •7t.,J�,- � Ll� � T A.1... �',f 'y �.����2�%� -f '��, t� -. -•� AN- - �■ F' 1 l ,t -�+� ••� Ems" - �� �a 4JY �.• -! - "5*e. - I ,.- .T.� =r � v{,e _- _ r. N J ti~ _ �`'-- '!. � .. � y: „yam �� ■�? � � _ -r •�� � _ ` ��� - �r'. � - ~~„, '�� ��4`c �■ ft _i� _ �`a' r _ - '�- T .yrs C4•-- Y. RESOLUTION P. C. 83-17 A RESOLUTION OF THE PLANNING C01tAISSION OF THE CITY OF HER-,40SA BEACH, CALIFORNIA, APPROVING A 7 -UNIT CONMIINITTM, CONDITONAL USE PEPJAIT AND TENTATIVE TRACT 114C NO. 42874 LOCATED AT 100-112 MONTEREY BOULEVARD. MIEREAS, the Planning Commission of Hermosa Beach held a public hearing on June 7, 1983 to consider a 7 -unit condominium and tenta- tive tract map #42874 located at 100-112 Monterey Boulevard; and WHEREAS, the Commission finds: (a) that the proposed map is consistent with applicable general and specific plans; (b) that the site is physically suitable for this type of development; (c) that the site is physically suitable for the proposed density of development; (d) that the subdivision or the proposed improvements are not likely to cause substantial environmental damage; (e) that the subdivision or the type of improvements is not likely to cause serious public health problems; and (f) that the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; (g) design of the proposed subdivision is compatible and con- sistent with applicable elements of the City's general plan, and is compatible with the immediate environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a seven -unit condominium and Tentative Tract P.iap #42874 located at 110-112 ::ton- terey Boulevard subject to the following conditions: 1. Project shall meet all construction standards in Chapter 9.5-1 thru 9.5-28 of the Condominium Ordinance. 2. A fire alarm system approved by the Hermosa Beach Fire Department shall be installed in each unit. 3. A complete utility plan shall be submitted and approved by a registered civil engineer procured by the City at applicant's expense; all utilities to be underground. 4. All meters, utility service conncections, major roof chimney, pipes or structures shall be integrated with the design of the building and screened architecturally and/or by landscaping. 5. Construction of all public improvements such as curbs gutters, sidewalks, drains and drives, to be approved by a civil engineer of the applicant's choice, at applicant's expense. 6. A final map shall be filed within twenty-four (24) months from the date of the tentative map approval or it shall become null and void. C; Resolution P. C. 83-17 Page 2 7. A final map shall be submitted by the architect to staff with such passive solar system alternatives that would be appropriate to this project and incorporated in the approval; a report to be brought back to the Planning Director for review and approval. 8. Storage area, in its entirety or aspects thereof, shall be used exclusively as storage space. 9. That a deed restriction be executed limiting the property to seven dwelling units.. VOTE: AYES: Chrmn. Peirce, Cotes. Brown, Izant, Shapiro, Smith and Strohecker NOES: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P. C. 83-17 is a true and complete record of the action taken by the Planning Com- mission of the City of Hermosa Beach, California at their regular meeting of June 7, 1983. ! /1 4JSA PEIRCE, CHAIR=4 DATE TICO TITLE INSURANCE MCI October 26, 1983 Denn Engineering 23751 Madison Street Torrance, Calif. 90505 Order No. 8095804 Tract No. 42874 SUPERSEDE PRELIMINARY CONDOMINIUM PLAN GUARANTEE (This preliminary condorainium plan guarantee supersedes any previous condominium plan guarantees) Dated as of October 17, 1983 ,at 7:00 A.M. ' '4 -�� 1 A O CON MINIUM TITLE OFFICER Liability under this preliminary guarantee shall not exceed the SUM of $1,000.00. In connection with the proposed recordation of a condominium plan, a preliminary examination of those public records which under the recording laws impart constructive notice of matters relating to land situated in the County of Los Angeles, State of California, described as follows: Proposed Condo Tract No. 42874 Discloses at the date hereof that the following are the only parties who are required to sign the certificate required under the provisions of section 1351 of the California Civil Code: (1) Bill Juckes Development Inc., A California Corporation (Owner) (2) Home Bank (Beneficiary) Under deed of trust recorded October 12, 1983 as Instrument No. 83-1198740, Official Records i or 'ii de Insurance Company of California 1717 Walnut Grove Avenue, P.0 Box 5030, Rosemead, California 91770 (213) 307-7000 k - OC- -- — ---------------- ,la 4 � �}�� OC- -- — ---------------- OC- Pi Wsd...Oi or N m Fj tj 9 tin I 0 • , 0 90 30Vd 9 d ZOOSSOR R *9NINNI`)3A 30 1NIOd 3N1 01 1S3M SON009S oo S31nNIW 01 S33W)90 ZT .NIbON 6N011bON0'10Nd SlI ONV 3N1-') A'1a31S3N OTVS 9NOIV 33N3H1 -'3NII AT89IS3h+' OIVS 01 1S3M SONO33S n0 S31nNIW O� S33w130 Ll. .HinnS `a3AIdDS30 OS aNII OIvs `.)Noly 33N3H1 6Z6 N3nlp 30 T 101 OId 30 d3NHOD 1S3MHI2ON 3Hl WOdiA 1933 00.6+► 1SV3 SON037S no S31nNIW nT S33dn3o ZT H1nnS NO3d3H1 1NV1S10 •aNll 'A1d3J1,S3rA OIVS NI 1NInd v NnnOdwI ON]SSVd ONV 76 N3010 30 T 101 OIVS 30 3NI1 Ald3J.S3M 9Hl 01 S71nNV IHI1Id 1V ()321nSV344 A3NI1 V 01 1333 OS•T7T 43Adn3 OIVS 3n NOiivnNIAN03 A1'13H1nn(; 3NL `.)NOIv 33NPHI 11333 8Z•447T T 3n SnlavN V ONIAVsa AId31SV3 3AV3r,O3 3ANn3 V ONl 3P 3NIl AlN31SV7 OIVS '1 101 ODNOI1N3W 1SV1 OIVS 30 INI1 AI»31SV3 3H1 NI 1NInd 9I9NV NV 01 1933 00.9f ISV3 SONn33S 00 SaInNIW 6? 1;33dO30 �?T H1NON ONV 1373 5U•t�5 1CV3 SON033S ,00 S31nNIW 90 S33do;a 69 H1dON •NOISiAIQgns S®NVWn3A 30 T lnl OIvs 30 AHvoNrCI; DNI ON01V 33N7H1 ` d3OdO332t A1Nn03 O I VS N 1 °' SdVW 30 &419 3`)V d p '+ntOA NI 0304013 �+ dVW 293d SV •NnISIA IOOns S oNVW03A d0 I l0I _In 1 :3NdO0) lS 3MHlnoS aHl 1V ONINNIn3�i SV 310NM V SV 0301N3S30 dVW 01VS NO NMQHS SV •OVO>i1IVd V}N21ntIl: SMO'll(1--1 V3 NN3H.1n0S 3H.I An AVM 30 iHOI2i 3(lIM 1003 no•Oq 3N1 313 NCII'dOd 1VHl Hilm 6(+,F£6T 66T 3Nnr 03140 64775 *ON 33NVNIO'JO A9 031V3VA) dVW 01rC NO NMOHS •30IM 133-1 00.09 61=I31dlS 1SNI3 30 N011HOd 1VH1 HIIM N3WJ-3 O1 6A1Nn03 oIVS -in >i30N033N A1NnOD =)H1 30 33I33O 3H1 NI "SdVW 3O 7T CNV 17 30Vd £ NOOP NI C3MIOD3d dVW N3d Sty V]NbOJIIV7 30 91VIS 6S9139NV SOI 30 A1Nn00 ?Hl NI 6H3V30 VSOWi,IH 30 Alll 314! 6HDV39 VSnwd3H nl NOIII00V ON039S 3H1 30 Z6 'AM19 NI T 101 '.1'.3 NOT1Nnd :IVHI :Z 13;}dVd •AINno3 OIvS 30 2430H073d A1NnO3 IHI 30 3)Id:40 3H1 NI °SdVW 30 bol 30Vd 9 'AOOq NI 03oNO33'd dVW N3d SV 6vINd1311V3 -30 31v1S 6S,3190NV SOI 3O AINn(l3 3H1 NI °H'lv3Fl VSOW'd9H 30 AlI3 3N1 1,11 'HD'v3q VSOWY3H 01 NOI1100V ON033S 9Hl 30 16 Y3019 -30 N0I1Nnd V 30 NOISIAIOgns S•N,VW03A 30 T 10l VINN0311VD 3n ANVdWO3 73NVdnSNI 31111 2101II :1 19D8Vd tNOIIdIMTS:i0 0 LO 9OVd 9 � 7005909 SIVId 6*ldno &s.z/cij IN90 ll?d OnT :3jv)i 403213H 91VO 3HI wo�j SWINOW VIS of volbd 1030�1009'8 0390 Ag 09HI(103V SVM Nl9H3H 33_t4;3A 3HI jo VIWJOATIVB 40 ANVdWO3 33NV'dOSNI 31111 <io3j1 �.� 0f Los,fro cejF COUNTY OF LOS ANGELES DEPARTMENT OF COUNTY ENGINEER-FACILITIES STEPHEN J. KOONCE COUNTY ENGINEER 550 SOUTH VERMONT, LOS ANGELES, CA 90020 BOARD OF SUPERVISORS (213) 738-2011 HIAM BARMACK PETER F. SCHABARUM CHIEF DEPUTY KENNETH HAHN EDMUND D. EDELMAN CITY OF HERMOSA BEACH DEANS DANA MICHAEL D. ANTONOVICH May 21, 1984 The City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Dear Council Members: TRACT NO. 42874 The subject map has been checked by the City Engineer and is ready for your approval. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve the map. 2. Make findings as follows: a. The City Council hereby finds that this project will not violate any of the provisions of Sections 66427.1, 66474, 66474.1, and 66474.6 of the Subdivision Map Act. b. The City Council hereby finds that the proposed sub- division, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (com- mencing with Section 65450) of Chapter 3 of Division 1 of the Government Code. C. The City Council, pursuant to Section 66436(c)(1) of the Subdivision Map Act, hereby finds that the development of the property in the manner set forth on the subject division of land will not unreasonably interfere with the free and complete exercise of any public entity and/ or public utility rights-of-way and/or easements within the subject division of land. oL: Fnrig _rT-r .- -K-T •i?F��-rasfh r 4: r;qq, s A -a 0 IJTCtip : arty f� c �z' i' rci rt ur his ars I-C�erou �d`�Fa` qt'C� � 4r�z�� ���4"� �1rr or oy rc3d 1a��1yTt�€i rsr �23#�t) ) MT 1. • r,f� G1.I amu-g: too nTJe Wit':. �.�b b_1.;�.r., s r,.p'pa, r FT ft CP c. <G i 1 I C�;1,I� €��...�l�f�#�711F?sl-•�t�"it�=;�l ;�_��6:e' '�'kif��4,����a;r;:� IIF -.y q� i{�iwZZ �r .I!f� ���}' j.,l' � _. L�C�[.fZ�1�:Li ���i l•�j M:'Y� �' •+ : Lt`�fti'�F v..-` _ _ �i �i'!snl� 16j NJ � -sem �awl,. iJ, C.L C '0 • - - -rte �� 21* r4 The City Council Tract No. 42874 May 21, 1984 Page 2 3. Instruct the City Clerk to endorse on the face of the map of Tract No. 42874 the certificate which embodies the ap- proval of said map. Very truly yours, STEPHEN J. KOONCE City Engineer Donald Y ilne Deputy unty Engineer SJK:DYM WJS:lmd 44 Attachments cc: City Clerk a--111`17 CALIFORNIA WATER SERVICE COMPANY 1720 NORTH FIRST STREET • P. 0. BOX 1150 • SAx JOSE, CA 95108 • (408) 298-1414 Denn Engineers 23751 Madison St. Torrance, CA 90505 Attn: Gary Roehl Gentlemen: April 11, 1984 RE: TRACT NO. 42874 Please be advised recording of the Parcel Map for Tract No. 42874 will not unreasonably interfere with the free and complete exercise of the easement held by California Water Service Company within the boundaries of the tract. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement, nor should this letter be construed as a waiver of any of the provisions contained in said easement. If additional information is required in connection with the above mentioned subject, please call at our Redondo Beach office. (213)540-1033. Very truly yours, CALIFORNIA MATER SERVICE COMPANY John S. Simpson miananFr nf NPThr R,vs;nes- JSS:mcv cc: W. Delsigne A. R. Soule MINUTES OF THE REGULAR MEETING OF THE PLANNING C014MISSION OF HERMOSA �--i BEACH HELD ON JUNE 7, 1983, IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. U I. ROLL CALL PRESENT: Chrmn Peirce, Comms Brown, Shapiro, Smith, Strohecker, and Izant. ABSENT: Comm Loosli ALSO PRESENT: Pam Sapetto, Planning Director; Alfred Mercado, Plan- ning Aide. II. MINUTES Comm Smith asked that his remark on page two of the minutes be ex- panded to include that"the document says a lot but promises little or nothing, as most planning documents do." Motion by Chrmn Peirce, seconded by Comm Smith, to approve the minutes noting the above correction. AYES: Chrmn Peirce, Comms Brown, Izant, Shapiro, Smith, Strohecker NOES: None. ABS: None III. RES. P. 83-12, P.C. 83-13, P.C. 83-14 Chrmn Peirce explained to the audience what the resolutions were about. It was the concensus of the Commission that they accurately reflected the actions taken by Commission. Motion by Comm Smith, Seconded by Comm Strohecker to approve the three resolutions as prepared. AYES: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith, Strohecker. NOES: None ABS: None IV. SCHOOL DISTRICT LOT LINE ADJUSTMENT The staff report was given by Mr. Mercado. He stated that the Appli- cant -- Hermosa Beach School District-- was proposing to sell a por- tion of Hermosa View School. The reason for the sale of the land is due to its pronounced slope which renders it impractical for school purposes. Furthermore, there have been some erosion problems. Once the land is sold individually to the adjacent six property owners, they will landscape and take preventative measures against the erosion. He continued by saying that the project is viewed as being in the pub- lic interest, in that it is the first step towards mitigating the drain- age problem experienced by the six adjacent residents. Therefore, staff recommends that the Commission approve this project by adopt- ing the attached resolution whcih contains the following condition. PAGE 9 Motion by Comm Smith, seconded by Comm Shapiro, to adopt Resolution 83-16 approving the final plan for 75 units, subject to the various whereas's and stipulations contained in the suggested resolution with the following change to the introductory paragraph: "A resolution of the Planning Commission of Hermosa Beach Approving the final plan for 75 condominiums, tentative tract map #22187 and Conditional Use Per- mit for property located at 440 - 2nd Street, also known as the 'Boatyard site'." AYES: Chrmn Peirce; Comms Brown, Shapiro, Smith, Strohecker NOES: Comm Izant ABS: None VI. SEVEN UNIT CONDOMINIUM, CUP AND TENTATIVE TRACT MAP #42874 The staff report was given by Mr. Mercado. He stated that the project consists of a two-story (over_ garages) seven unit condominium on a 9,961 square foot lot with a general plan designation of high density and R-3 zoning. The project meets all the requirements of the condo- minium ordinance and is consistent with the General Plan. He stated that staff recommends that this project, which meets all condominium ordinance requirements, be approved. Chrmn Peirce suggested that perhaps the plan (® code with respect to common garages/tandem that only three of the spaces were tandem. of Buildings opinion was that the proposed code, a common garage, and, further, that spaces are tandem. Public hearing opened. may be in violation of the parking. Mr. Mercado stated He added that the Director garage is, as defined in the only 30 percent of these Allan H. Juckes, 27310 Rainbow Ridge Road, Palos Verdes Peninsula -- applicant -- stated in response to Chrmn Peirce's question that there were no doors on the garages and in fact he had been told by the city that he could not install doors in a common garage without violating the code. He added that he didn't need the doors because the project was set back further than. 50 feet from the street. Curt Camper, 1.26 Monterey, Hermosa Beach, stated that this was a very good idea since that portion. of Monterey is at the present time a mess of overgrowth. He felt that the developer should be encouraged to build, and the sooner the better. Comm Izant stated that using the roof deck to serve as open space for another unit was a novel approach. In Hermosa you have to use creative architecture. He wanted a confirmation that that area would be struc- turally stronger to accommodate foot -traffic. Ms. Sapetto assured him that when the drawings come to the city the Building Code requires that this sort of building be checked,i.e., dwellings one above another. Public Hearing closed. Notion by Comm Shapiro, seconded by Comm Smith to approve the seven unit condominium, CUP and Tentative Tract Map #42874, located at 100-112 Monterey Boulevard. PAGE 10 AYES: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith and Strohecker NOES: None ABS: None Ms. Sapetto stated that the words "if the planning Commission deems it necessary" should be deleted from items number three and. four of the proposed resolution. Motion by Comm Shapiro, seconded by Comm Smith, to approve Resolution 83-17 subject to the change suggested by Ms. Sapetto. AYES: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith and Strohecker NOES: None ABS: None VII. REGULATION OF SATELLITE RECEIVING ANTENNAE The staff report was given by Ms. Sapetto. She stated that staff was asking the Commission to adopt a Resolution of Intention to regu- late the installation of satellite receiving antennas. She added that the city of Torrance had a similar resolution and she would provide copies of it to Commission at the next meeting. She advised Commission that if they felt that antennas should be regulated to some extent C, then they should adopt the attached Resolution of intention. Chrmn Peirce stated that at the present time this did not appear to be a problem but with decreasing costs to erect these antennas they may soon be proliferating in the city. He added that they look similar to a solar panel, only not as attractive. He encouraged the Commission to go forward and examine this issue. Comm. Smith agreed and added that if the computer revolution is any in- dicator the installation of these antennas will increase rapidly over the next five years; and he didn't want a neighborhood filled with them to downgrade the neighborhood's appearance, not to mention the in- terference. Comm Brown agreed. Motion by Comm Smith, seconded by Comm Izant to adopt resolution 83-18; there being no objection it was so moved. VII. REDEFINING HOTEL/MOTEL/BOARDING HOUSE/ROOMING HOUSE/LODGING HOUSE Chrmn Peirce stated that the council wants hotels and motels to have cooking facilities and they want parking to be scaled to the size of the project. He was somewhat dismayed by the councils request, since the Commission had put a lot of thought and reasoning into these defin- ions. He also felt that kitchen facilities would make the hotels/motels too similar to apartments, and it may be difficult to keep them from ( becoming apartments. Mr. Mercado suggested that the city could possibly place as a condition of approval that there be periodic assessments of the records to deter ROBERT N. HACKER �tt�lrun. ��loyaE 4907 TOPANGA CANYON BOULEVARD WOODLAND HILLS, CA 91364 OFFICE (213) 884-4071 RESIDENCE (213) 348-2115 C O N S U L T I N G R A T E S 1,. RESEARCH PROJEGTS.....PF.ESCRIBED INDIVIDUAL PROSPECTS: Regional studies, prospect evaluations, repots and data presentation, field evaluations, structural and stratigraphic analysis studies: ...............$640.00 per day. 2. FIELD SUPERVISION: Full day on-site drilling well supervision and core drilling, including daily well reports and daily well progress analysis: ...............$560.00 per day. 3. CONFERENCES: Office consultation, negotiation meetings: ................$80.00 per hour. 4. HEARINGS: Environmental hearings, expert witness: 5. Personal Auto Mileage: ...............$100.00 per hour. ...............35¢ per mile. 6. Negotiable fees for extended retainer for continuing monthly consulting and prospect evaluation services. j" Robert N. Hacker Calif. Reg. Geol. #443 January 1, 19823. O cn r, rn Y• \ O \ F, W ►S a) R O C) o 1 � a '0 l0 a co a\ n\ :3 w 0 r� /V < d (D a r� n h, rt w a Y (D < Fh � n Y• rt (D K O V pi �-K H ,I: v O m x cn C Y. rt- (D O� O w Fh ro FJ o n <n Y (D n F3 rn P. (D rt rt :I X (D O LO a n 0 En • w rt F3 (D fl (D (D X F - Pi M cD L lj Y• La (D (D (D rS (D Y rS Ln w ro �. Y• ►� n m o C) n FS n (D n rt x (D V H F� n rt 0 n N co N ro Y- Y LO a n a F►, rt a ro Y- Y• In ro 0 rt n O F - (D r- 0 0 w n rt (D U) c Y - FJ (D O x' F� a 0 B w a N 0 t i a � � \ o X1. \ O cn a v: C: � c n < (n On • K K ►- 0 z an w o w a as a cu n n. w Y• Fh O rt � H w rt (D F� N a LC) n n rr � n rt (D (D N rt - (D cD rt c n Y- cD K In Y - rt K 0 Fh m Y• rt a rt cT 0 C) 0 rt K r� La Y• CD 0 n Gi w Fh W w F, a. n 0 rt K r� Y - A. 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F-' n Iz-n :E o ::s CLQ n ,D 0 F'• rt C a w m LO G rt 3 H rt ti rt rr m H is 10 r w F3 P- N• O F- 0 0 i n rt (DD 3' X: o m k< 0 n- m w cn :� Q::r C P. F' m 0 P. rn m :�o • O is n O •. En z 010 :3 rr r- � m � n � rn F✓ m w o 7i H< m rt F' < tS K Pi w C n F ' m is in a O Lf) F-'• rt F'• ti O 0 ID m '0 w CtsN• A.A.P.G. OFFICES: 1962/63 Chairman L. A. Geologic Forum 1964/65 Treasurer, Pacific Section 1968/69' District Representative 1969/70 Vice President, Pacific Section 1973/76 LA Basin Delegate 1975/76 Chairman, House of Delegates AAPG National Executive Committee 1978/79 President, Pacific Section 7- _ E , 1.12 - ._G��...:, :C. 4213 State Street, Santa Barbara, CA. 93110 (805) 964 9911 Mr. E. A. Hall$ Division Geologist, Union Oil Company 2323 Knoll Drive, Ventura, CA. 93003 (805) 656 7600 Mr. R. R. Von Hagen, President, Lloyd Corporation, Ltd. 9441 tdest Olympic Blvd. Beverly Hills, CA. 90212 (213) 8793080 Mr. John'R. Crain, Crain & Diesenroth 400 Oil Capitol Bldg., Tulsa, Oklahoma 74103, (918) 583 0472 EXPERIENCE: 1/1965 - Present: Consulting Geologist I have initiated or caused to be drilled more than 40 prospects since entering the consulting field on a full-time basis. These have resulted in 11 wells being completed as oil wells in California, Colorado and Utall and 4 wells producing gas in California. At the present time I have several original wildcat prospects in'the process of leasing or awaiting the drill. I have done a number of major prospect evaluations and studies for clients the most notable of which include: Assisting in preparation of a detailed study and preparation of suitable exhibits of western Ventura.County, California, on -shore geology and relating it to the off -shore of the Santa Barbara Channel in preparation for the 1968 Federal Lease Sale. In the. early stages of drilling I was consulting for a group actively drilling in the Channel. I subsequently appeared as an expert witness in the Pauley et al vs USA trial in 1970. During the early days of steam prospecting in California I surveyed the heavy oil provinces of the State and was able to participate in two steam prospects, one of which was successful. (2) ADDRESS: 7130 Atheling Way Canoga Park, CA. 91307 Phone: (213) 348 2115 Business: 4907 Topanga Canyon Blvd. Woodland Hills, CA. 91364 Phone:' (213) 884 4071 DATE,OF BIRTH: August 11, 1917, I-lacksville,.Kansas. CIVIL STATUS:. Married, Julienne M. July 1, 1950. Children, Paul H. (29); Adrienne L. (25) EDUCATION: 9/23 5/36 Carmen Public Schools, Carmen, Oklahoma. 9/36 - 6/39 University of Houston (Night School) Major: Mechanical Engineering (38 semester units) 9/39 - 6/40 University of Oklahoma and Major: Mechanical En 9/41 - 4/42 ancagineering (53 semester units) 2/46 - 8/48 University of California (Berkeley) Tlajor: Petroleum Geology Degree: AB Geology, September, 1948. 8/48 - 4/50 University of California Graduate School, Berkeley Major: Petroleum Geology Degree: MA Geology, February, 1950 Thesis: "The Geology of a Portion of the Orestimba and Mount Boardman Quadrangles, California." MEMBERSHIP AND AFFILIATIONS American Association of Petroleum Geologists (1950) Pacific Section, AAPG, (1951) American Institute of Professional Geologists, (Charter) 1964 Registered Geologist, State of California, Number 443,(1970) Western Oil & Gas Asso., Wildcat Committee,.(1974) Chairman, 1983. Theta Tau F & A M, Scottish Rite, Shrine, since 1942. G,dho's Who in the West, (1972/1983) (1) GLEN RO WATSON GLENN R. WATSON ROBERT G. BEVERLY HARRY L. GERSHON J. R. VAU GHAN DOUGLAS W. ARGUE MARK L. LAM KEN ARNOLD SIMON PATRICK C. COUGHLAN LEE T. PATERSON RI CHA.PO H. DINEL DAROLD D. PIEPER FRED A. FENS ER ALLEN E. P.ENNETT STEVEN L. DORSEY WILLIAM L. STRAUSZ ROBERT M. GOLDFRIED ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L. NEUFELD STEVEN A. BROILES GREGORY W. STEPANICICH ROCHELLE BROWNE DONALD STERN MARY JO MCGRATH MICHAEL JENKINS BURTON MARK SENKFOR MARIANNE GOODWIN TERESA R. TRACY OUINN M. BARROW DEBORAH S. GERSHON COLEMAN J. WALSH, JR. JOHN F. P. LAMB CAROL W. LYNCH LAUREN SEYMOUR RONALD F. GARRITY RICHARDS, WATSON, DREYFUSS & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION Gregory T. Meyer, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: Dear Mr. Meyer: June 7, 1984 THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071 1213) 626-8484 CABLE ADDRESS RICHWAT OF COUNSEL GILBERT DREYFUSS. INC. RONALD M. GREENBERG A PROFESSIONAL CORPORATION JAMES N. HERBERT VIA MESSENGER SERVICE Retention of Petroleum Geologist in Connection With Possible Oil Drilling From City Maintenance Yard Pursuant to your direction, we have contacted several geologists in order to find one who is available and able to do the study you want within the time limit set by the circum- stances. On this date we met with petroleum geologist Robert Norris Hacker. Mr. Hacker's resume and fee schedule are enclosed for your review. Mr. Hacker stated that by the end of this month he could complete a preliminary evaluation of the feasibility of drilling from the City Yard and a preliminary assessment of the potential drainage that might occur vis-a-vis the tidelands. We believe Mr. Hacker is qualified to perform this project. If the City Council decides to retain Mr. Hacker, I recommend that it authorize an expenditure not to exceed $3,000.00. Please advise either Mr. Drewry or me as soon as possible as the time is now of the essence. Ver truly yours, Xy GRW:mm GLENN R. WATSON enclosures Iuauzgol3 j jv xoj-exjstutuzpy aou-eurd pu-eladoo zxrA :4.oudurt l-eostj xol pajOK pI/WILD xaf-euuw ITD xa�Say • � �Sxo axe •saxniTpuadxa GAr4oadsoxd uzoxl palttxdoxdd-e -)q o4 satuow Aa-essaoou agq. :pxe,� Also agl It Ito xaglxnl 2utpx-e2ax stsA,E uu xronxasax Ax-essaoau age waolxad of 0001E$ paaoxa of fou l (uorjtnlUna A-ep/oVg$ `uotj,ejlnsuoo xg/08$) pautujax eq Iszooloaq wrna-yoalad I-euj popuawwooax st 4t 'pago-ejju ago of 4uensxnd .LSI ogoa J waagouiad 30 NouxaiaH �86T `ZT aunr jo Itounoo Allo awl- so ,guF4aajj I rouno0 i�4 L0 sxaquzayq puu xoA-eW algexouog t86T 18 aunt � Y; t u�i' ��yerir � ,r• #� � `1-s � ''� _ � �,__.�s,� t�?7 1 •� ;fY �-:}r �y 3.�";<i � � r _ � - ^� • . r•; r�' �, � (�I II � - ,_ k - -- •'J�'-y'. - f st'=` `+i�I,IJ. r 1 -- '�` ��-F�.�.�'"'� �{ kp;: ,�fy� Yrt �:4 )� r. 3,�, f^�Q� Y{-,1`'�"`i• SSS 2+ � � l3 a.'- �C?�`�''"�� ��} II�� 1� �I, 1� -� �.- 4 ar: t r $. }+�.i- .. _ �iw.'.�i r ��f�'s���'�`iCla 17 t �"..' -' � tc _ ^ •n"" T � ff I Ilj I , I • 5 r3 ♦ JLCrw1 2s _.tY}t.J ., .+r 1, .� 3.`��-i �� ' c;r •!ai. '-i�r'3 _ � -�;� ,• �` i � III 'I IiJ ! 1 < '''j ��'b� •+'::_ r �.L Fir_ ,; J. . v. 1_3 II III 1` ke I � �.} r.,� • � Jj,ir4i. 1 .. '- �rfl .��. .. I. I - �� �.� � I III -.;T•a �_ _ _ 'n.� _u_ III - ��, i ..�iY,( � 'Y �3f.'f•:i`' r' _k _. yr ��: II III r ,i• ro ' ' �r•�r�y. �,: -... i 1.1'- r �'> E- .3r ;.tea-'.-.:.. .. •-I aYIJ ;, , ., - �� � _ r., ` +`./S '.�. 1�➢ zea. 'L':r'•,r C. 4,61 is Ig im- 1 'C�t r ti` - "t k -F2 .i%� "�Fa7. i•"F�-j,��11.'X _ �.r •!,� r '. s.'. ^ y -(� :Z iy, t _ _ t; �` ,�-a �, - i_} - ^fir ":- � SPAM.. i� - S, _ .y �. -'` _ -i„ • �' � - �� 'air HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued Robert Carson, 1707 Pacific Coast Highway - Sensitive to height limit and asked Council to obey the law re height limits. Neil Gretsky, 1535 Bayview Drive - noted that urban sociologists have examined the behavior that Hermosa is going through and presented a bibliography of references on this subject. Stated that EIR was adopted although there were some questions that were not addressed and the public hearing was not continued. He stressed that environmental problems are increased and added that "good business climate" generally means that the local area pays for the large developer to move in with no recovery of costs of the growth. He felt that local groups opposed to growth must mobilize and make the strongest showing possible to reverse "the backroom deal". He quoted the Mayor re the decision on Five Corners - zoning codes are meant to maintain consistency throughout the City". Bob Payne, 1637 The Strand - strongly in favor of the hotel on the Biltmore site. Also strongly in favor of open space in Hermosa Beach but not adjacent to the beach. What is needed from the Biltmore site is some way to provide revenues - property taxes, drilling for oil or users fee on the beach and renters. Bill Key, 55 - 14th Street, Manager of Grandview Hotel - considers Biltmore site a blighted area, commended Council for attempting to find a solution to the problem, feels guests at Grandview Hotel will be denied a view of the ocean - suggested alternative of building hotel over 14th Street to give hotel guests view and access to the beach. He suggested a bed tax to retire the revenue bonds and feels 8% bed tax in Hermosa Beach be used to promote Hermosa Beach. His final recommendation was to turn the Biltmore site into a public green area. Linda Drewry, 323 - 30th Street - submitted a.petition with 129 signatures in favor of the hotel. Also advised Council that Pat and Myron Gazin were strongly in favor of the hotel. Judge Vernon Foster, 15 - 15th Street - project exceeds height limit and three -floor limitation, conflicts with Coastal Plan, and violates the code in that it provides no self-contained parking. Blue Ribbon Commission suggested 1507200 rooms versus the 260 rooms proposed by the developer. Judge Foster quoted from the Development Agreement regarding the .height limit and parking. He questioned the legality of the proposal whereby the Vehicle Parking District or the Parking Authority would take care of the developer's parking requirements - the City entering into a joint venture with a private developer for the benefit of the private developer. Judge Foster quoted from a Supreme Court decision on the case of the City and County of San Francisco versus Ross (a project to build a parking structure the purpose of the parking structure to benefit a private entity) This decision stated that the building of this structure could not be exercised to secure to private activities the means to -8- V ` 1 1r -aouuuzpao pasodoad aqq uT pagpgs sP auiuuzzauz pup saraoqs erg ou saTaogs aATJ 40PJ uT SPM Ta:.oq 'v� \ pasodoad aqq gpilq paaabP TTP anoao aoqoaaTQ buTPTTng puu aaAays aa5PUPY1 AqzO 'oqqadPS'SW 'TzounOD 90 buTuozgsanb uodn � •gaodaa jjuqs aqq paquasaad oggadpS PTauiPd aoqoaaTG buzuuPTd 111Z ,ZIgIHX3 Ni cagiuDS3Q A'IuvDaq (INV, i T ZIgIHX3 NO QSSKOIQNI Std air LRaAV VSOWHaH QNK QNVIISS/-76 Jf �< 4s � alll GNV Slaa'dlS HS£T I HIST N33MS3g VaUV NMOjNMOQ SHS NI SNaWdO'I3n3Q STVZnDad 01 NVUd DI3IO3dS V SSdOQK ! �c HOIHM HDVag KSOWUaH d0 ALID 3HS dO 3ON`dNIQ2i0 NK„ : aOuPUTpao g4TM ' @qTs Toatoad aqq aoj quauipuamp PTB TPgsuoj T. oo puu uPTd oTJzoads P 90 TPnQaddv EP X11 v (iioz.zza� ae:{fxe!d 'sTouuad suwogz) SNOIiyaNawwoOmi NOISSII WOO ONINNV'Id dO 'IK3ddFi QNK ' lMaW33`dDV SNaWdOaaAaQ Qui (IN--gNQNaKV NKZd gVISVOD 'IKDOU) NvJd DIdIO3.ds isaUnignuis 9iviIXuyd sN3OTdrQy H,LIM SIO'I9N°d'I '3 f� QOOMNaaUD ' SUadOUaAaQ) 'IXSOdOhd 'I3,I,OH S2iOWIUI9 HDVag KSOWURH f i pooM - NIVISEV TJJoTO - S3ON gosgnag a0APY1 'sTTTagaQ 's�{aug - S37,K o��'r gosqnag aoAPY1 puooas 's�{aug uo-r-.oW „' 3nNaAV KSOMaH Z� QS,I,'qDO'I UHadOUd NO £-U OS T--•0 Woud ,i•SanOaU 39NVH0 a-MOZ K ONI7,N3Q VINHOdI'IHD 'HDVRU VSOW-d2H dO ASID SHS do 'IIDNl1O0 ASID 3HS do NOI nUOSaU `d„ PaTgTqua OTLf-t8 •oN uoignTosag gdopu puu anuaAV PsouiaaH V09Z qP £-U 04 T-0 woag abuuga ouoz pasodoad P ao? TPaddu aqq Auap oy - NOISDV •pasoTo SPM buTauag aTTgnd aqy -T-D pauoz 3T aagbtq aq pTnoM anTPA 40T aq4 puu 'qaa; O£ puu sazaogs oMq oq pagTtUTT oq pTnoM Aag4 Z -H aapun 4Pgq buTgPgs TTounoD passaappP uTPbP APW •sY1 -Paau aqq uT AouagsTsuoo gsTTqugsa oq pabuPgo aq pTnogs buzuoz aqq ao pabuugo aq pTnogs uPTd Tuaauao aqq aaggeqm pauozqsanb oqM 'gaaagS q4L - ZSTT 'fang PmTTM sum aouazpnP aqq uzoaJ buzxuads •£-g 04.gT abuPgo Oq uuTd TPaauao aqq ggTM gUGgsisuoo ST 4T aagq@gM o4 SP uozsTaap aqq 03{utu ptnogs TzounoO aqs •TPf:> s r �T '�.uagsTsuoo sz qz qPqq apPut oq pTnoo asPo aqq ;T puu uPTd TPaauao aqq ggTM quagsTsuoo aq pTnOm £-H Agm o4 sP pTnoa aqs sP suosuaa Xuuui sP a0,7=T0 oq APW -SW Pas-rnPP PPq ag gPgq POgPgS qSOd AauaO4gV Xq-FD Y panutquoo) anNSA V VSOWaRH t'09Z . - gVgddK � � .� Yd�tVF 2 We, the undersigned residents of Her_Losa Beach are _' c of the proposed hotel to be built on the Biltmore and adjacent properties: Name Address Tel. ' Registered Voter? -6'z� LIJ m k 5 i&�-- 7TL� A 14 �D Y -- Ise I Fr ZANci� 7z HI B. vle5 We, the undersigned residents of Hermosa Beach are ;,O the proposed hotel to be built on the Biltmore and adjacent properties: Name Address Tel.; Registered Voter? On 12 Wil• A &" 6w 11 �fp 54 4ig 314 - 613q %natc 314- ¢G � 14� A - S HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued) When questioned by Council regarding Sections 208 and 1201 of 'the Zoning Code, Building Director Grove indicated that Section 208 building height includes parapet walls or railings and Section 1201 indicates that elevator and stairway penthouses, mechanical equipment, parapet walls, etc., may be located above the allowable height limit to screen the allowable equipment from view. He stated the mansard roof would not be considered a parapet wall. City Manager Meyer stated that the reasons for this type of construction was because it was the best representation consistent with the overall design criteria which came from the Biltmore Committee and the Planning Department. This design would be sensitive to the up -hill view.- He stressed the developer is not obligated to use the mansard roof but is doing so even though it will be more costly. City Attorney Post, upon questioning by Council, stated that the more specific generally governs over the more general. He concurred with Mr. Grove regarding the Zoning Ordinance sections which are in conflict regarding allowable building height. Ms. Sapetto advised Council that this was addressed on page 4 of the proposed ordinance as follows: "That the project will exceed the City's 45 foot vertical height restriction for commercial development with elevator and stairway penthouses and other equipment necessary to operate the building as permitted in Section 1201 of the City Code. In order to screen the equipment from view, a mansard roof not to exceed nine (9) feet in height will be constructed around the parameter of the roof." City Manager Meyer than summarized the focus of this meeting regarding the Specific Plan and Local Coastal Plan Amendment. The Public Hearing was opened. Coming forward were: J9e_Lan_-qlQ 8,.-Greenwood/Langlois, stated_he would address the Specific Plan and -_--some of the elements that are in.it_ He stresses that. this is -.not the Development Agreement - approval tonight does not mean approval of the project. This is only the path to approval. He stressed that the allowable square footage is 240,000 - they will build 183,000 square feet. They are complying with the 45 -foot height limit although not the three story limit. They are willing to bear the additional cost of the mansard roof to improve the appearance. Parker Herriott, 224 - 24th Street, appellant, submitted,to Council a supplement to his appeal letter. He questioned the number of employees necessary, employee parking, and number of necessary parking spaces to accommodate all patrons of the hotel (1999). Mr. Herriott asked that the budget be presented to the people in such a way so they can understand it, especially if we are heading for bankrupcy. -7- Minutes 5-22-84 HERMOSA BEACH BILTMORE HOTEL PROPOSAL (continued) carry on a private business whose primary objective and purpose is private gain and not public need. Judge Parker advised that under the Parking District law of 1949, the City may issue bonds to construct a parking structure if it is legal. He cited Section 33101 of the Streets and Highways Code which authorizes the City to issue such bonds but it requires that before any bond issue is authorized it must be submitted to a vote of the electorate. Section 33101.5 permits a similar procedure but applies to a specific parking project - also authorizes issuance of bonds but only after an election and approved by the electorate. Section 33101.6 authorizes the issuance of bonds without a public vote (the section Mr. Stradling, Bond Counsel, is citing. Judge Parker stated he felt this. Development Agreement was one of the poorest he has ever seen and questioned the validity of the project. Mayor Brutsch continued the Public Hearing to June 12 on the following: a. Approval of a Specific Plan and Local Coastal Plan amendment for the project site. b. Conditional Use Permits for alcoholic beverages, live entertainment, customer dancing and outside dining. C. Financial feasibility and design for parking structures on Lot B and Community Center. d. Discussion and future direction to staff regarding Development Agreement, Option to Lease and Ground Lease. A recess was called at 10:15 P. tai. The meeting was reconvened at 10:35 P.M. e. Request for Additional City Council Meeting on May 29, 1984. Letter dated May 15, from Developer Joe Langlois, Greenwood & Langlois. City Manager Meyer addressed Council regarding this additional City Council meeting. ACTION - To deny the request of the developer. Motion Barks, second Mayor Brutsch AYES - Barks, Cioffi, DeBellis, Mayor Brutsch NOES - Wood 6. 1984-85 HERMOSA BEACH LIGHTING DISTRICT. Memorandum from Public Works Director Charles Clark dated May 14, 1984. The staff report was presented by Public Works Director Clark. The Public Hearing was opened. No one coming forward, the Public Hearing ,,as closed- -9- Minutes 5-22-84 G1TY s�"erm-osa MEMBERS OF THE P �o GOVERNING BOARD Beach' CRy John Cioffi Karen Gale d� Jr�► x ? Peggy O'Brien y •A• L y Carol G. Reznichek 1904, P.O. Box Number 338 Leslie N. White Hermosa Beach, California 90254 June 18, 1984 Mr. Gregory Meyer City Manager City of Hermosa Beach Civic Center Hermosa Beach, CA 90254 Dear Greg, SUPERINTENDENT OF SCHOOLS Marilyn Harris Corey (213) 376-8961 HAND DELIVERED At its regular meeting of June 13, the Board of Trustees requested that I pursue with you the idea of the school district joining the city on the ballot issue of hydrocarbon recovery. Vie would propose that the language specify "public landfd or include "school propertyt° in addition to your specified language. Please discuss this issue with the city council and communicate their decision to me. I know that we are on a tight timeline at this point. Thanks so much for your -cooperation. Sincerely, Marilyn Harris Core District Superintendent MHC/mg A,DD1 T l0''JA�� �- �L_yil CJS June 6, 1984 HONORABLE MAYOR and MEMBERS of the REGULAR MEETING of HERMOSA BEACH CITY COUNCIL June 12, 1984 SPECIFIC PLAN FOR A HOTEL PROJECT IN THE DOWNTOWN AREA Pursuant to the last review by the City Council of the Specific Plan, Mr. Langlois will present to the Council a description of the height of the proposed hotel at each point including the roof and elevator mechanical structure. As indicated to you during the 5-22-84 public hearing, the mansard roof is not considered an exception to the height limit. Staff however, recommends approval of the design component since it is a substantial improvement to the structure with respect to the uphill view. For this meeting, staff recommends: a. Approval of a Specific Plan and Local Coastal Plan amendment for the project site. (Attached) b. Approval of Conditional Use Permits for alcoholic beverages, live enter- tainment, customer dancing and outside dining. C. Discussion of feasibility and design for parking structures on Lot B and Community Center, if time permits. d. Discussion and future direction to staff regarding the DDA, Option to Lease and Ground Lease, if time permits. With respect to the DDA, the City's Bond Counsel and development consultants shall be available on the 6-26-84.meeting in order to clarify to the City Council some of the issues raised during public testimony at the 5-22-84 meeting. .i Pamela Sapetto Planning Director CONCUR: Greg ry T. Meyer City Manager Honorable Mayor and Members of the City Council June 8, 1984 City Council Meeting of June 12, 1984 CITY COUNCIL PROCEEDINGS RE. BILTMORE HOTEL DEVELOPMENT AGREEMENT In the interest of proceeding with this matter in a timely manner, it is recommended that the City Council convene a special meeting at 7 p.m., Monday, June 25 for the purpose of discussing the proposed Development Agreement. Attached is a copy of the latest City draft which 1) Requires additional discussions with the developers. 2) Need further attention re. letter of credit, financing, etc. Gr gory T. Meyer Ci y Manager GTM/ld Attachments cc: Planning Director City Attorney °aad-ed uoilTsod jaiaq y - uoilE dlolla-ed To sad'eQTTTlaaO juawaa.z�y juawdojanaa llBap t86T It aunt 'Z sluawaaa2V juawdotanaa uo aad-ed uoijLsod woal sidaaaxa 'set3.to So anfeeq °T sgviva vw aNnOHOMOV9 DEVELOPMENT AGREEMENTS League of California Cities 1400 K Street Sacramento, CA 95814 (916) 444-5790 ATTN: Russel] Selix December 30, 1980 -V sgaag uiatgoad Ino shads Istt)l3at{3 nogs �jt3 aui u3tuM aoa M autwaalap n @.1133 aq Pt ut 2utaalua Aq past13a aa13 sanssl u d uawaaaS13 agl @utw13xa of I uawdotanap g of .1@133 aq ptnogs ugt I uawaaa213 • uauiaaaSg � � azcutin.13s � 03 istt�3ag3 a�Ii pug sl ugtd auz } u13 �utuugtd q uawdotanap tM ,Ita 13 IBg, sluownaop of 33gis �utaaaut�ua• pug luawaas-2g j aa13 aztttjn of lu13M it. uawdotanap agZ SI 3aua a�ii gn IAiput olut 2utaaluautaapcsuo3 uayhl I anap ;o tutilgap aoj I .ISI uawdotanap t P. 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In addition, once an agreement has been entered into, a local agency must periodically review the progress made by the developer to comply with the agreement at least every twelve months. If a local agency finds that the developer is not complying with the terms of the agreement, it may terminate or modify the agreement. WHAT TYPES OF PROJECTS WILL BE SUBJECT TO A DEVELOPMENT AGREEMENT? Since a development agreement does not eliminate any other requirements it may represent additional paperwork, legal requirements and staff time for both the city and the developer. It will definitly increase the time required to make the initial approval of the land development. Consequently, neither the city nor the developer is likely to find the development agreement useful for routine or ordinary development applications. Developers will most likely want to enter into a development agreement for large multi- phase developments where the developer is going to be called upon to make substantial investments at the beginning for public facilities and services and for planning and engineering for the entire project. In these types of projects the developer may be hesitant to proceed unless there is some assurance that these initial investments can be recovered by being able to complete the project or at least to be insured that the basic concept of the project will not be changed. A local agency may also benefit from the use of an agreement in this type of situation where the alternative is likely to be smaller, more fragmented developments. If 'a city has recently prepared a specific plan or a community plan for an area where it wants all development to be. integrated and coordinated, the development agreement can be used as an incentive to encourage developers to invest in more comprehensive projects. In addition to the large development, a development agreement may also be utilized for smaller parcels where there are lots of public service problems or where a city is trying to induce a particular property owner to dedicate or participate in the construction of new public facilities even though that property owner is not yet ready to develop the property. A local agency could also hold out a development agreement as an incentive to encourage developers to provide.low income housing, extra open space or other provisions the city or county desires. Often a city will be hesitant to approve a project because it has no. way of guaranteeing that the developer will perform as he has indicated. For example, a city may be willing to approve a desired zone change only if it knows that a particular project will be constructed within a specified time period. Zoning normally can't provide this assurance. However, a development agreement can be used to restrict uses of the Property and to indicate a time schedule for construction. Similarly a city may be reluctant to approve a development because of uncertainties in the availability of specific public improvements and services. Through a development agreement, the developer can be obligated to provide specific facilities to contribute to a city project. These are just illustrations. The general rule is that the development agreement must be. something that both the local agency and the developer want conditions favorable to a development agreement may the developer is not prepared to make the kinds of co 'mmitments that may be required for Even though the basic a development agreement, no agreement should y exist, if either the local agency or However be entered. into. considering the. difficult services to new developments, there ma y of some cities and counties in y be few routine providing public developments. Nearly every 1.2 C-- development represents potential costs to local government. The development agreement might be the only device available to ensure that the developer will assume the responsibility for such costs. IN WHAT SITUATIONS SHOULD A DEVELOPMENT AGREEMENT BE AVOIDED? Many city officials feared that the development agreement concept would lead to irresponsible decisions enabling land speculators to tie up large pieces of property for several years or to preclude future city councils from making decisions based on the most current policies. It has been fairly well agreed upon between city and developer groups who have discussed the bill, that an agreement should not be entered into with a developer who does not really want to provide for the present development of the parcel. Agreements should only be entered into where the developer is prepared to proceed promptly in accordance with a specific time schedule for seeking the required approvals and commencing construction. Where a local agency enters into a development agreement, it makes a strong commitment to live by the land use plans presently applicable to a particular area. Accordingly, that land use planning process should be up- to-date and complete for that area. As a general rule for larger projects, a specific plan or community plan should be prepared for the area either before or at the time that the development agreement is entered into. Where a specific plan has not been prepared, at least a master development plan for the entire area together' with an environmental impact report would ordinarily be done in conjunction with the development agreement. Clearly, if there are problems in the area being studied, or standards are likely to be changed or proposed land uses have not recently been the subject of comprehensive planning, the city or county should not enter into an agreement for that area. HOW DO AN AGENCY AND DEVELOPER GO ABOUT ENTERING INTO AN AGREEMENT? In order to enter into development agreements, a city or county will need to amend its existing ordinances or codes to authorize the entering into of development agreements. Additionally, the city or county will have to adopt, by resolution or ordinance, a set of procedures for the consideration of the agreements and draft the forms that will represent the agreement. The agreement itself will look- a lot like a planned unit development approval which will also contain elements generally found in annexation agreements, subdivision improvement agreements, or redevelopment agency owner participation agreements. The process is much the same as for any complex land use entitlement. It begins with informal discussions between the applicant and city staff. Before presenting an application to the planning commission and city council for adoption, the city attorney will be required to review the scope of the agreement and to prepare the necessary documents. AT WHAT STAGE OF THE APPROVAL PROCESS WILL DEVELOPMENT AGREEMENTS BE ENTERED INTO? Normally a developer will want to enter into an agreement at the first possible opportunity when he has made a minimum prior commitment of resources to the project. Since the development agreement does commit a city to certain future actions it is subject to the Environmental Quality Act. 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When used properly in accordance with a comprehensive planning process, active citizen participation, and a full undertanding by := all involved of the commitments that are being made there is no question that the development agreement provides a new flexible tool that can provide for more orderly development. However, it is equally clear that a development agreement is a very new and complex tool that should only be used where both the local agency and the developer can see the clear advantage to proceeding under the agreement. City officials and developers see the development agreement mainly as a way to provide financing of public facilities. However, another value from the new law may be in the changes it encourages in the decision-making process. In the past there has often been a reluctance on the part of builders to disclose all details of their plans when seeking city approvals. Similarly cities have often reviewed development proposals on a project -by -project basis without considering cumulative impacts on their overall plans for neighborhoods or communities. Where a development agreement is contemplated, both the local agency and the developer will need to disclose their plans in a more comprehensive manner. While this will broaden the initial approval process, subsequent applications for the development should be processed more . quickly and with more certainty. Thus, even if few development agreements are entered into, the land use decision-making process may be improved by the new law. 1.5 EXPLANATION OF DEVELOPMENT AGREEMENT LAW CHAPTER 934 OF 1979 STATUTES (AB 853 Calvo) Background - Vested Rights Doctrine Chapter 934 was introduced at the request of the California Building Industry Association in an attempt to legislatively modify the vested rights doctrine in California which is basically a judicial doctrine. A "vested right" in land development is the right of the developer to construct a project without being affected by further public or govern- mental interests. Under present California law, when a developer has obtained a permit from a city or county for a project and has performed substantial work in good faith reliance upon that permit, he has a "vested right" to complete the permitted work. There are no statutes which define "vested rights;" rather, as indicated above, it is a judicial doctrine. The latest California Supreme Court case on the subject was Avco Community Developers v. South Coast Regional Commission (Aug.. 25, 1976) 17 Cal. 3d 785, which reaffirmed the traditional vested rights doctrine. Plaintiff Avco owned approximately ( 8,000 acres of land in Orange County, a small portion of which was located within a coastal zone. Prior to February 1, 1973, the date on which the permit requirement of the Coastal Zone Conservation Act which had been passed :by the voters became effective, Avco had obtained zoning, tentative and final subdivision map approval and had in addition completed or was in the process of constructing storm drains, improvements, utilities and similar facilities for the subdivision tract. However, no building permits had been issued for unit construction. The company had spent $2 million and incurred additional liabilities of $750,000 for the development of the subdivision tract. Avco had argued that it should be exempt from the coastal zoning permit requirement imposed by the act which was basically a land use law in view of the fact that it had obtained all discretionary entitlements and thereafter engaged in various utility improvements. The California Supreme Court held that Avco could not be regarded as having perfected a vested right because under the facts it had failed to meet the traditional vested rights common law rule that a landowner has a vested right only if he has performed substantial work in good faith reliance upon building permits. The Supreme Court stated: "... By zoning the property or issuing approvals for work preliminary to con- struction the government makes no representation to a landowner that he will be exempt from the zoning laws in effect at the subsequent time he applied for a building permit or that he may construct particular structures on the property, and thus the government cannot be estopped to enforce the laws in effect when the permit is issued." As the result of this case there were several bills introduced during the 1977-78 legislative session to legislatively modify the Avco decision. None were passed. In 1979 the League formed an advisory subcommittee on vested rights to monitor legislation in this field. In 1979 Assemblyman Calvo introduced Assembly Bill 853 at the request of the California Building Industry Association and after several amendments— many of which were urged by the League—the bill was signed into law as Chapter 934. As a result of the bill's passage the League, in conjunction with county representatives and in cooperation with the Building industry, set up a technical committee to prepare this manual. i Explanation of the Bill Chapter 934 adds Government Code §65864 et seq. which sets forth a procedure for authorization of cities and counties to enter into binding development agreements. After setting forth the Legislative findings in Government Code §65864, the statute authorizes cities to enter into development agreements with developers which specify the permitted uses of the property, the density of use, the maximum height, size, -and location of buildings, and such other terms and conditions as the city and the developer may agree upon. For the specified duration of the agreement, the development set forth in the agreement shall be governed by land use and other regulations which were in effect at the time that the agreement was entered, notwithstanding subsequent changes in law, unless at the time the agreement was entered into the agreement itself indicated that there might be changes in such laws by which the city could not be bound.. Any city choosing to enter into these agreements is then authorized to establish procedures and requirements for the consideration of them, including requirements for periodic review at least every twelve months at which time the applicant must demonstrate good faith compliance with the terms of the agreement. Also the law provides for a public hearing to be held on an application for a development agreement. The statute provides that a development f agreement is a legislative act to be approved by ordinance and to be subject to referendum. 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If properly structured, the certificates will not constitute a general obligation or indebtedness of the City for which the City would be obligated to levy or pledge any form of taxation. Furthermore, because payments are subject to annual payments towards the calculation of its debt limitation within the meaning of Article XVI, Section 18 of the California Constitution. Financing Structure The basic legal document for a certificate of participation finan- cing is a lease purchase or installment sale agreement between the City (as lessee or purchaser) and a lessor or seller (bank, leasing company or other public entity, such as the City's Parking Authority.) (The basic difference between the two forms of the agreement pertains to when title to the facility passes to the City. Facts specific to the financing will determine the more appropriate form of agreement.) Under the agreement, the City would make annual lease or installment payments, which payments are separated into principal and interest components, to the lessor/seller in return to use of the facility. The City could sublease the facility to another entity, private or public (such as the City's Parking Authority) for actual operation of the facility. To generate sufficient funds to construct the facility, the lessor/ seller would assign its rights under the agreement to a trustee. The trustee would in turn divide the City's lease ore installment payment obligation, the interest portion of which is tax-exempt, into $5,000 "pieces", or certificates. The trustee would sell the certificates to Merrill Lynch who would in turn sell the certificates to investors. Each $5,000 certificate represents a proportionate ownership interest in the City's obligation to make lease or installment payments - hence the term certificates of participation. The lease or installment sale agreement in a certificate of partici- pation transaction need not be approved by an ordinance of the City Council which would be subject to a referendum. Only a resolution of the City Council is required. There are no legal limits.on the interest rate on certificates of participation or the amount of principal which may be issued; how- ever, there are practical limitations, including the ability of the City to meet the lease or installment payments. Certificates may be sold through competitive bid or through negotiation with a sel- ected managing underwriter. - Continued t� S�1 -Z- -doad pule AjTjrgnrl orlgnd `(aepra a31nnbq a'Ua un 2urpnTour) a.2naanoo aouuansur papuGZSG pun oarl !saanj-leaj uorqduzapea pun TTleo :ol p@jruzrl 4ou aau Inq ' epnjour uzna2oad 2urounurl eqj- To 2uran4onaj.s eqj -uranp paaaprsuoo aq llr� jleuj saoloej ur1axautu aaujo 'juejxo aossal le of •algnarsap aq �fnuz saalleap pun sae, ran aapun ,aag�o aol s2ulleGuz uorl.letuaoTur alley -Gad '2urounurj age 10 Gan;nu aq; pun suor�.rpuoo 1a31aleuz leo 2urpuadap pun '�uraay�o age ler Is@aaZut aoIsanur jsolueJ2 eg4 aznlnuzr4s OZ ATaprm paInuruzassrp aq pinogs uorInuzaolur jnuorZrppn pun juauzaa.n-js TurorJJo eqj •paoueurj aq ol lo@Coad eqj to aan4leu age pun uorlu�rTgo ao ssaupajgopur age. To luawABdea aol �jranoas eq, 'sar�.rlrgrsuodsea aragj pun uorIonsuual eql ur szundror�.aud oq3. 'spun; TulTdno eqj To uorluorlddu pun aoanos eq, '2u,ouuurl aqqTo Gan onal-s age So uorssno -srp anrsuegeadwoo n Iuesoad (Juewez-e4s Tnrorljo) quewnoop 2uraaTj:o auk �eu� Tnrzuesso sr IT 'asuo aagjTo uz -el-es GqI 01- 2urpuaT slurp@aooad age ler aledroi4aud uuo aeZTanAaapun eq, Zngl os 101ram -aapun Ou'Ouunuz paq.oaTes u g2noagj pros dTrpnaa aaotu sr Tnnsnun ao palnorlduzoo eaouz sr ltlgl I-oaCoad u 1ATluaaueg •uorzlerj-o.,,3au g2noagj ao ATanrIrIadtuoo aagZra pros aq Aleuz uor4ledrorzand to sa�leorTr�aa� •anssr eqZ To Zrpaao 2ulAlaapun eqj gZTIA Iua!srsuoo Caurq.na apna� zuauzjsanur sag rg age To lueWu2rsse aqz off. Terq_uesso sr saroua�n le urla age le o� uor�juasaad pojtaIsagoao TlatA pun Gnrsuagaaduzoo y •aeeq TTTIA suor�e�rlgo age �eg� sauna Tsaaalur age ler_ saoqole3 2ururuz -aaIap aoCleuz Gale uor!jeaodaoD s,aood �? panpunl-s atjpue •ouz 'aornaag s.101sanuz s,ApooW Aq 2uraa;jo Tledroruntu le of pau2rssle Ourlua eq, `anr�oa��a-�soo �r `pule 'pa;n2rjsanur a no s 'pensand eq q pT q. �uatuaounguo A4ranoog •peurlejgo sr aouleansur puoq Tedrorunuz ;r „VVVI, 01. ao (aGl-l-aq ao ,VV,,) xuleq zTpGao To aoz aT aql To ;leu; 01 pepna2dn eq ';uatuaouuuuo Al-ranoes g2noagl- pinOm enssr ule o; pau2rssn eq asrmaeglo pinom luq). Cjurq-lea eqL •Irpaao To ao;jej e ao aounansur puoq lledrorunuz su gons saornap g2noaqj anssr ule ao; Alranoas ors -eq agj aoulegua o; alglearsap sr IT `uallo parTddu aq Snuz punk •ZseaOZur puu Tndrourad To s4uewAud Tleurl agj of anaasaa @qZ ler s�Sauovl •��r� age �q �uauz�nd Tunuun age aonpaa 01 parTddu aq uuo pauaua Is@aal.ur pule paZsanur eq uuo punj anaasaa eqj ur sAeuoll • sZuawAlad Bons aNnuz of �.uaror11nsur al -e sanuanaz lleuj Juana age ler �urpUtZSjnO eq, leo sjuauz,Sed lseaolur puu Tndrourad 2uranZm Aud ol uodn umeap aq uuo pun anssr aVnorjTIaao OqZ 10 @Jrj aq! aano paurnjureuz sr punj anaasaa age, •sl_izauz -a.zrnbea lsaaaZur puu Tudrourad s,aeoA Guo usual zn of lenba junowe ue ur 'spaaooad uzoar pepun, AlleordAl 'punj anaasaa e to aouuual-ur-em pun quatugsrlgn!jse aq1 sr aansuauz AlTanoas luuor,rppe uy •sanuanaa 'Jurxaud tuoal posanquzraa eq pinom punj Tnaauag s, AITO eqj • juatu osugoand juatull-elsur ao @seal auk. 10 suorsrnoad aqj aapun puna Inaouag sIT uzoaj Sq -To age. Aq opleuz sluauzdnd @seal ao luawiluisur qqj aq pTnonl OqZ To jueuiA-ed aol AlTanoos ors -eq auk, AlTanoes HIM •dgttto,ej aqj So uotgounj aqj of snlduns eq of pawaap Aijadoad So asodsip asimaagq_o jo as -ea, Illas of AITILgB puB sJuBuanoo jgap t-euotltppr, :jojo-ejjuoo aq; Aq pataa-eo spuoq uoijaldwoo -xanoo aouBansui Aou-edn000 puB asn :aA-eaaAoo oou3ansui'a2-eurep Al-ja OUTLINE OF MAJOR LEGISLATIVE PROVISIONS Required Provisions 1. Duration. 2. Perm itted.uses of the property. 3. Density or intensity of use. 4. Maximum height and size of proposed buildings. 5. Reservations or dedications of land for public use. Permissive Provisions 6. Conditions, terms, restrictions and requirements for subsequent discretionary actions _except these can not prevent development of the uses and densities described in 2 and 3 above. 7. Time within which construction will commence and be completed. 8. Those rules, regulations and official policies governing land use, density, design, improvement and construction standards and specifications which exist at the time the Agreement is made and can be changed during the life of the Agreement. 9. A statement that successors in interest to the land covered by the Agreement are bound by the Agreement. (This is provided in Government Code §65868.5. Constructive Notice is given by the recording of the Agreement.) 10. Amendment or cancellation in whole .or in part by mutual consent. The pro- cedure to "unadopt" is the same as to "adopt" the Agreement. (This is provided by Government Code §65868.) Procedural For ALrreements Generall 1. A procedure and requirement ordinance or resolution to guide those making application for an Agreement. 2. At least an annual review of good -faith compliance with terms and conditions of Agreement (an "anti -warehouse" provision since there is no statutory limit on length of Agreement.) Sanction for lack of good faith is unilateral term- ination or modification of Agreement by city or county. 3. Notice public hearings on the application for an Agreement. 4. finding of consistency with general and specific plans. 5. Approval of Agreement by ordinance which is referendumable. The Agreement Provisions Survive Against 1. Changes in rules, regulations and official policies governing land use, density, design, improvement and construction standards and speculation existing at the time the Agreement was made and the Agreement did not provide that. subsequent changes would be applicable. 2. Changes in applicable general or specific plans, zoning, subdivision or. building regulations of the city or county. The Agreement Provisions Do Not Survive Against 1. Changes in State or federal law or regulations that preclude or prevent com- pliance with any provision of the Agreement. The affected provision is modi- fied or suspended so as to permit compliance. The Agreement Provisions Do Not Affect 1. Changes in rules, regulations and policies affecting the property which do not conflict with those rules etc. which apply to the property and are held constant by the Agreement. 2. The decisions which deny or conditionally approve a project as it proceeds through the development "pipeline." 3. Decisions by a government entity not a party -to the Agreement. 1.9 Chapter 934 of the Statutes of 1979 added Article 2.5 to Chapter 4 of Division 1 of Title 7 of the Government Code commencing with §65864: 65864. The Legislature finds and declares that: W The luck of certainty in the approval of development projects can result in a waste of resour:.-es, escalate the cost of housing and other devel- opment to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utili- zation of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. 65865. Any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. Every city, county, or city and county, may, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property: 65865.1. Procedures established pursuant to §65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement. 65865.2. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. 65865.4. Unless amended or canceled pursuant to §65868, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering such agreement, which alters or amends the rules, regulations or policies specified in §65866. 65866. Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and govern- ing design,- improvement, and construction standards and specifications applicable to development of the property subject to a development agreement shall be those rules, n regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. 65867. A public hearing on an application for a development agreement shall be held by the advisory agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in §§ 65854, 65854.5 and 65856 in addition to such other notice as may be required by law for other actions to be considered concurrently with the development agreement. 65867.5 A development agreement is a legislative act which shall be approved by ordinance and is subject to referendum. A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and applicable specific plan. 65868. A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by §65867. An amendment to an agreement shall be subject to the provisions of §65867.5. 65868.5. No later than 10 days after a city, county," or city and county enters into a development agreement, the clerk of the legislative body shall record with the county .recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of_�this state. The burdens of the agreement shall be binding upon, and the benefits .of the agreement shall inure to, all successors in interest to the parties to the agreement. 65869. A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and cer- tified pursuant to the requirements of Division 20 (commencing with §30000) of the Public Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action. 65869.5 In the event that state or federal laws or regulations, enacted after a devel- opment agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. C •mal a;Bls jo suoistAoad sa yans suoiluliwil aallo of laa[gns aq �SBw aauautpao us yans -Slaadodd sill of ajgaatjdduui 'Sl iadoad ui `pinoa aql of ajgaoijdda �Sllawlou saauautpao aallo a>IBw `aauuutpdo sill 2utiaaua 411132a1 alta all. aauuulplo Sq olut padalua 31aslt st ;uawaal.2a luawdolanap all asnBaaq `aanamoH •lsixa mo layl sluawadinbal �S1-euipao woa3 ajdoad ldwaxa of pazililn aq pjnom luawaalfB luawdolanap aqi l'Bgl pualui lou pip a;nlBls all ,lo sdal3Bdp ayy •suoi;Bln2ad mau all of laa[gns aq of luawdolanap sill sluBm li puB Sivas mal ;xau aql ut sluawa.imbal .2ui>{aad sli of sa2uBya do[Bw aq hien alall 11341mous �Satu 'glia a `ajdwaxa 103 •awtl ui luiod sill la wall of palliwwoa aq of luam lou. saop li lagl a�uBga of �Sjaxil os ass awos daglaym autwlalap puB saiatjod luasadd sli autwaxa of luawaaa U13olui 2uilalua Alta a moM01119of si „`;uawaad2B all Sq paptAodd a� ssajun„ `asnala aqi 2uipnlaui 1o3 asoddnd aLI L •olui padalua si luawaad2B all aw cl all lB loajja ut asoll ala S;Jadoad all of ajgaoijdda saiailod pus salna ljB „`luawaad2u luawdolanap all �Sq paptAodd asimdaglo ssalun„ `asnsja all ylim suiaq gggSg uoilaaS Z91.iadold all of ajggaildda eq asimlaglo pjnom lagl sapilod .so saauauiplo wo1,l iadOlaAap a ldwaxa o; pass aq ;uawaadSa luawdolanap u U13 •fi •ladolanap a of sluawalinbal jo sad�Sl niau pua uoilanalsuoa jo spdapuals mau HutSlddu wo1j Alp ay; ;uanadd saop `lanamoq `juawaad.2a luawdolanap ayZ •aaiAlas all $utpinodd jo sisoo pasaaaaui Jaglo Jo. uoi;BUui lasj,lo of palinbal aa,l all asBadaui ABw All;) a,41`Pa2uBga lou ala of laafc),ns aq pjnom iadolanap all IBgI spdapuals uoilana;suoa puB luawanoldwi agl SLI &01 sy •suoilaai3iaads pus spdapuals uoilanlisuoa puB ;uaw -anoldwi u2isap 2uiudano.S pua LS;tsuap puBj jo sasn palliwaad 2uiudaAOO saiailod puB suoilajnjaa `sajna ;uawudano2 asoyl o; SIddu Sluo gg8Sg uoilaaS jo suoisinoad all 'ON Lsuoi;satjdda luanbasgns ui of laafgns aq pinom ladolaAap u lull sa2laya PUB saa,I sli 2utsaaaoui wodj Alia a luanadd ;uawaad2B luawdolanap B saoQ •£ •jjuls 911a A.q do uoissiwwoa Ouiuu-eld all ,Sq palanpuoa aq of matnad all 10J apinodd Saw saouauiplo yans `lanamoH •maina,x atpotlad 1oj adnpaoold B aauau. �Sq gs.Li'O a lsnw �Slia y •Mainad aipoilad all ;anpuoa lsnw oqm �Sjiaads lou saop alnlals all N Zjpunoz Alia aql Aq palanpuoa aq of aABy T•Sg8Sg uoiloaS Sq palmbal Mainad aipotdad all saoCI •Z •uollaB Itaunoa ,&lia mau ;noglim llwij sill of do awp jo suoisualxa anoddd-e o; 33B;s Jo; apinoad pjnoa ;uawaaa213 all `19AamoH •olui padalua 2utaq ;uawaad.2u mau B lnoylim papualxa aq lou pjnoo ;uawaal a all gatgm puoriaq awl jo poidad - wnwixBw alnjosga ua aq o; aABy `aanamoq `pjnom a1agj, •awil jo poidad lauoilippB U,9 o; do matAad aipoilad lanuu-e aq; ,lo lead su sdaglad `suoilipuoa uisldaa 2utjaaw uodn pasaq awtl 3o suoisualxa puB uoiladnp IBiliui us 103 apinoad pjnoa luawaad2u ayy •uop-einp oi3iaads B g;doj las o; ;uawaaAB aql salmbaa Z"gg8Sg uoilaaS Zjiaunoo Alia all Xq panodddu aq of ;uawaad2u mau x 2uidinbad inot{aim wdal Iaui2ido sli jo awi; aq; puoXaq papualxa aq luawaad.2u luawdolanap V UUJ *I AAVrI ,LNHLVHHIIDV ,LNaI1IdOgaA3Q 30 SNOISIAOIld 30 ONINVaW HHI NO SIIHMSNV (INV SNOIJSHfIb CDc 5. When does a development agreement have to be recorded? Section 65868.5 states that not later than ten days after the city or county enters into the agreement it must be recorded. Since the agreement is entered into by ordinance the question arises as to whether the agreement is entered into on the date that action is taken by the governing body or thirty days thereafter, at which point in time the ordinance becomes effective. The statute is silent on the point. However, the general view and certainly the safer route is to assume that the agreement is entered into on the date that the city council takes action, so that the agreement must be recorded within ten days of that period. This means that a city will, of course, have to provide a procedure for recording another notice in the event that a referendum petition challenging the development agreement ordinance is filed. This would stay the effect of the ordinance until the referendum has been voted on. A third notice would then have to be recorded after the results of the referendum election. 6. Does a development agreement represent a contract zoning that forces a property owner to construct a particular development on his property? Contract zoning is often regarded as a device whereby a zone change to a particular urban classification is granted upon the agreement of the developer to provide a particular use. A.development agreement is entered into in addition to zoning so there is clearly no direct impact. However, it is noted that a development agreement limits the uses permitted on the property to those permitted in the agreement for the period while the development agreement is in effect. After the agreement expires or is terminated there would be no limitation upon the use_of the property unless it was then rezoned through the normal processes. 7. If the property owner does not build as promised in the agreement, what remedy does the city have other than just terminating the agreement? While it is not required in the development agreement, a city may include in a development agreement provisions that impose an obligation upon the property owner to take out a bond to secure not only public improvements but also to guarantee performance of any specified development. Thus, through these security devices the city can compel performance by the developer. Often, of course, it is not necessary to require a bond for the private development. The developer's obligation to provide public streets is often enough assurance to be certain that the development will proceed. C 1.13 TO: Gregory T. Meyer DATE: June 7, 1984 City Manager FM: Charles J. Post City Attorney RE: Hermosa Hotel, Revised Development Agreement and Option to Lease Attached is a draft Development Agreement revised on June 4, 1984 as a result of a meeting with Messrs. Greenwood, Langlois and Sugar for the Developers and Sapetto and me for the City. The changes from the draft Development Agreement dated May 4, 1984 are as follows: 1. Paragraph lf.) - Project changed to Projects to empha- size public and private portions. 2. Paragraph 3 - Revised to add sentence describing three projects. 3. New Paragraphs 4 and 5 are added entitled: - 4. Agreement with Respect To Financing Project. 5. Agreement with Respect to Managing Conference Facilities and Parking Facilities. These two paragraphs are added to more specifically describe the activities of the parties. 4. Paragraph 4, Description of Real Property, becomes Paragraph 6. 5. Paragraph 5, Optioned Property, becomes Paragraph 7. 6. Paragraph 6, Option to Lease, becomes Paragraph 8. 7. Paragraph 7, Time Schedule, becomes Paragraph 9. 8. Paragraph 7.1, Lease, becomes Paragraph 9.1 and the final sentence of the paragraph is new. Page 2 9. Paragraph 7.4, Start of Construction, becomes Paragraph 9.4 and is revised to more accurately describe the pre- cise activities of the parties. 10. Paragraph 7.5, Completion of Project, becomes Paragraph 9.5. The final sentence is new. 11. Paragraph 8, Effect of Agreement on Land Use Regula- tions, becomes Paragraph 10. 12. Paragraph 9, Public Improvements, Facilities and Ser- vices, becomes Paragraph 11. 11 13. Paragraph 9.5, Subdivision Map, Parcel Map, becomes Paragraph 11.5 and would expeditiously is added to describe the City's approval. 14. Paragraph 10, Actions of the City, becomes Paragraph 12. 15. Paragraph 10.6, Storm Drains, becomes Paragraph 12.6. The City promises to complete the storm drain altera- tions prior to the time the hotel portion of the project is eligible for a certificate of occupancy. Added to clarify the precise obligation of the parties. 16. Paragraph 11, Hold Harmless, becomes Paragraph 13. 17. Paragraph 12, Insurance, becomes Paragraph 14. 18. Paragraph 13, Evidence of Insurance, becomes Paragraph 15. 19. Paragraph 14, Periodic Review, becomes Paragraph 16. 20. Paragraph 15, Amendment Or Cancellation Of Agreement, becomes Paragraph 17. Page 3 21. Paragraph 16, Events Of Default, becomes Paragraph 18. 22. Paragraph 17, Procedure Upon Default, becomes Paragraph 19. 23. Paragraph 18, Damages Upon Termination, becomes Para- graph 20. 24. Paragraph 19, Attorneys Fees And Costs, becomes Para- graph 21. 25. Paragraph 20, Notices, becomes Paragraph 22. 26. Paragraph 21, Assignment, becomes Paragraph 23 and is slightly revised to clarify that assignment is per- missible if the person to whom the duties are assigned can comply with those duties. 27. Paragraph 22, Successors, becomes Paragraph 24. _ 28. Paragraph 23, Relation Of Parties, becomes Paragraph 25. 29. Paragraph 24, Duration Of Agreement, becomes Paragraph 26. A clause is added to the paragraph making the obli- gations to provide public improvements extend beyond the expiration of the other terms of the Development Agree- ment. The changes from the draft Option to Lease, dated May 4, 1984 (Exhibit "E" to the Development Agreement) are as follows: 1. Paragraph 2.2, City land is omitted as superfluous. 2. Paragraph 2.3 Development, becomes Paragraph 2.2 and incorporates the term optioned property and leased property to be consistent with the Development Agreement. 3. Paragraph 2.4 Design of Improvements, is omitted as unnecessary. •AgTD auq ao3 uotgoagoad se £•£T gdPab -PaPd ggTm aaggaboq papnTouz sz gnq 'aadoTanaQ agq Aq oq pagoaCgo si potaad uotgdo agg buianp satpatuaa s,aadoTanaa agg sgtuiZT goTgm Z•ET gdPabPaPd Mau gegq agou asPaTd '£T gdeabeaPd; sauiooaq 'uijay uoigdo butana saanzeM s,aadoTanaa '�T gdeabeaecl -ST •ATuo suozgebigsanuz PUP sgsaq 'sAanans Apngs qonpuoo oq Aq aadoad pauMo AgTO agq uo aague oq ggbta aadoTanaQ quPab oq pastnaa ST PUP ZT gdPabPaPd samoaq 'uu ay uozgdo buiana sasiuiaad go uoissassod PUP asn '£T gdPabeaed '�T •TT gdeabPaPd sawooaq 'saoigoN 'ZT gdPabeaed '£T 'OT gdPabeaPd samooaq 'uoP918 Jo aantPM 'TI gdpabeaed 'ZT •6 gdPabPaPd sauiooaq '4Tne;ac 'OT gdPabPaed 'TT .8 gdPabeaud satuooaq 'uotgdo go uoigpuT= as '6 gdPabeaed -OT •paap uIlPTogTnb agq segea -od.zooui Pup L gdeabeapd sauiooaq 'Agtanoas 'g gdeabeaed •6 •aseal agq go uoTgnoaxa pup uozgdo agq go asioaaxe go agep au -4 sP agep bUTouPUTJ agg A3Tquapi oq uaggtaMaa sT pup 9 gdeabeaed sauiooeq 'uotgdp 9sioaax3 'L gdPabeaPd -9 •snonTgaadns se peggTuio ST 'aadoTanaQ ,Kq pagonagsuoo aq oq pasodoad squauianoaduil 19 gdPabPaed *L •gdPabeaed stgg uz paUT;ap ST agPp buTOUVUIJ ags •agep 5UTOUPUT3 agq go ,�aesjgATUUP gsat; agq uo buiaidxa puP quaul -aaa5V quautdoTanaQ agq ;o uoignoaxe agq go agPp agq uo buiouauiuioo uu aq P aptnoad oq pastnaa sl 'uiaas uoigdo '� gdPabPaPd '9 •suozgTUTgap quamaaabV quawdoTanaQ ugzM quagszsuoo aq oq pastnaa �TggbiTs sl 'sasztuaad aqq asaaq oq uozgdo go quPao '£ gdeabeaed 'S '£'Z gdeabeaPd samooeq 'aseaq aog uoTgPaapTsuoD �-Z gdeabeaPd *V 6 abed Td/drZ) zsod • r s2IdVxD 'paggzuigns AlTnjgoadsag •uiagq og 5uiaaa6e og aotad ,mpaq„ Agto aqg ;o saaquiaw jaggo Aq paMaznaa aq pTnogs pup jadoTanaQ aqq 30 gs9nb9a aqq ge Ta61PT aap sa6uego pagsa66ns aqs • 6T gdpabpaed sawooaq ' asnpTO s6utnes ' OZ gdea5Ra2d • TZ • 8T gdPi6paed samooeq 'iaquinN pue .zapu90 '6T gdpa5papd • OZ -LT gdva5eapd samooeq 'amis 18T gdpabpapd •6T •9T gdQa5eava sauiooaq 'suoTgd2D 'LT gdpabpapd •8T *Sl gdeabexed samooeq 'ssossaoons 19T gd4a5eaed *LT •%T gdej6 -p.zed seuiooaq 'sgapdjagunoo ui uozgnoaxz ' ST gdp-76ejpd • 9T S abed -I- - - '(E-S•ST g6noagq T-S'ST suoij -oaS 'S'SI *IJV '9po0 TedToTunW goeag esouiaaH) squauraaaby quauz -dolanaQ log sainpaooid TPAoidde pagoeua seq ,�qTO aqs •g '(S'698S9-�HS9 u0140aS apo0 4uauiuJaAOq) Agaadoad aq4 go IuauidoTanap aq4 .jog Agjadoad Teal UT sgsaaaqui ajgegTnba 10 TebaT butneq suosaad ggTM s4uawaaa5V quauidoTanaQ 6utpuTq OquT .zaqua oq AgTO aqq sazTaoggne ajnleTsT59q age4S aqs •v :s43e3 6uTMoTTo3 aqq uodn pageoipazd si queuiaaa5v sTgs S'IFI,I, I 0 au 'AgTO aq4 UT ("409C aqq) sa14TTT0eJ aoua.za;uoo pue Taloq P ;o queuidoTanap aqq log ( „zadoTanaQ„ aqq) digslaugled TPa@U9O PTUIO;TTPO e 'SIO'IONv'I I QOOMNSSUD pue '(„�T�zO„ aqq) uoTgeaodjo0 TedToTunW Meq Telaua0 v 'HDVS9 VSOM3H 30 uIO eqq uaamgaq 'D,861 ' go Aep sTgq uo oquT paJa4u9 ST ,I,N2WMIDV IN3WdOaSA3Q SIHZ IN3W99UO ' IN3Wd0'I3A3Q t,861 'D, aunr - a3SIA3H D1861 'V APW - JaV�IQ tISZO6 VO 'goeag Psouu aH anTJQ XaTTPA STET gOPag esouIlaH 30 A4t0 :01 'IIKW (IRCUO032i NSHM QNB' Ag GSZSSnb3x ONIGEOOS'd -Z- •4oi.z4sip ssautsnq age 30 uoi-4pzzTe3tna-T ag-4 pup WJ09 pue aTeos 6utpITnq ssa.zppp 'sasn oiTgnd jaggo - puP-s-eaap A41AT-402 __ pa-4u0t zo-uetx4sapad o3 aopds 3aaJ4s pazTTTgn-.zapun 4a9nuoo 'eaje agq 3o .za3 ---aejpga TensTn' ag-4 app.z6dn •3uauiaTq u6tsaQ Qegzn =( •q -SJ03Tszn goeaq pup squap -Ts9J TeooT 30 spaau ag3 sgaaui goigm uoz3pa.zoa_T /Tetozauiuioo 3o uoTgpubisap aqs •4uauiaT2 asn pue? -(•e :saioTTod ueTd TeJauaD 6uTMoTTo3 ago gs'Tdui000e TTTm �I •ueTd Tel9uaD ag3 g4Tm quagsisuoo 3Z spuz3 pup 3oaCozd ago jog aedoTanaQ 3o uoT3poiTdde agq passaooad seg A4Tj aqz •Q •-4uaui -doTanap 3o s4soo otuiouooa agq aonpaj pup '6uiuueTd anisu@q@aduioo ut uot3edTDTgjed a3entjd a6einooua 'ssaooid 6uiuueTd OTlgnd agq uag36uajgs TTTm 'goaCoad gpgq jog Tenoidde 3o suoTgTpuoo ag3 oq Aluo 4oaCgns 'suoi3eTn6aJ pup saTna 'sazozTod 6utgsixa ggTm aoue -pj000e uT goaCoad agq ggTm paaooid I�eui qupotTdde ag3 3oaCojd ag3 3o Tpnoidde uodn gegq goaCoid 3uauidOTanap e zo3 queoTTdde aqq oq aoupa nsse geg3 puno3 aan3eTsi5eq agegg agq 'uo,gTppe uI •OTTgnd agq oq gsoo oiuiouooa gseaT ago 3p saoznosaa 30 uotgezZTTgn 3uai3 -T33a uiniuixeui saNeui goTgm 6uiuueTd anisuagaaduioo 3o adA3 ag3 o3 4uaui4tunuo3 pue UT 4uaiugsanui 30 quaiva52Jnoosip agq pup saoinosai 30 agsPm e uz 3Tnsai ueo sgoaCoad queuidoTanap 30 Tenoidde age ui Aquie3l90 90 �iORT 3egq puno3 seg aingeTst6al agejg ags 'D c.) Transportation and Circulation Element. Provide for improved pedestrian circulation and opportuni- ties for landscaping. d.) Parking. Provide parking necessary for the pro- ject as well as additional parking to meet future demands. e.) Economic Element. Revitalize commercial district, provide economic stability, provide policy for future commercial growth. E. On the City Council (the "Coun- cil") adopted Ordinance No. effective approving this Development Agreement. NOW, THEREFORE, the parties agree:. 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have tIhe following meanings: a.);"City": The term "City" shall mean and refer to the City of Hermosa Beach, County of Los'Angeles,: _ State of California, a General Law Municipal Corporation. b.) "City Owned Property": The term "City Owned Property" shall mean and refer to those certain -3- parcels of real property which are owned by the City and are to be leased to the Developer as a part of the Leased Property, all as is more particularly described in Exhibit "B" attached hereto. c.) "Developer": The term "Developer" shall mean and refer to Greenwood & Langlois, a General Partner- ship. d.) "Leased Property": The term "Leased Property" shall mean and refer to that certain real property described in Exhibit "F" attached hereto and which shall be leased to the Developer by the City. e.) "Optioned Property": The term "Optioned Property" shall mean and refer to those certain parcel -s of real property which are the subject of options to purchase in favor of the Developer, all as is more particularly described in Exhibit "C" attached hereto. "Projects": The term "Projects"_ shall ,.mean_ and_ _ refer to those several works of improvement..morer. particularly described in Paragraph 3 below. 2. Exhibits. The following documents are referred to in this Agreement, attached and made a part by this reference: -4- -s- -__ •pa�oa33a eae spoggaui ggoq ssaTun pagoa33.a aq TTTM buToueuT3 30 poggaui aaLPTau gegq aaabe a aggan3 saT4aed agy 'SaT ITTToeg Taqoq age ao3 6utoueuTJ TeuoT4uanuoo aanoas TTTM aedojanaQ aqy •saT4TTT3e3 bui-i ed aqq pue aaquao aouaaa3uoo aq-4 aaTnboe o-4 p.asn aq TTTM gotgM 30 TTe=�TTeTquegsgns 'saTuout -7o3 abuegoxa ut szasegoand oq ao aas2go.:;nd e oq paaanTTap aq oq uoTqedToTgaed 3o sage3T3Tq.za3 gdmaxa-xeq asneo TTegs AqTO aq4 :sMoT103 se aaabe ogaaaq saTgaed aqy •sgoa. old uT3ueuT3 oy qoa sag 14gTM quauiaaa v •� •s@igTTToe3 buxXaed (TtT) Pup :saT4tTToeJ 79-4uao a3u9ja3uoo (TT) isaT4TTT0e3 4uauiuTe4aaqua pup aeq 'queane-4saa 'sdogs TTe49a 'dogs aa33oo 'Ta4og e (T) 3o 4sTsuoo sgoaCoad aqq 'ueTd oT3Toads aqq uT saeadde ATTn3 ajow sV •„g„ -4TgTgxs se pagoe44e ST gTuizad asn TeuoT4TpuOD ago 3o Adoo V •„FI„ gTgTqxs se pagoegge sl ueTd oT3Toads aqq 3o ,�doo V •4Tuiaad asn TeuoT4Tpuoo e Pup goaCoad ago ao3 4uauidojanap 3o ueTd oT3ioads e paAoadde AgTD aqq uo • sgoa, oad 30 ieununs • £ aseaZ - „3„ gTgTqxs aseaZ oq uoTgdo - ,.3„ -4TgTgx2 ,�gaadoad pauoTgdo - „a,. -4TQTgxs Agaadoad pauMo AgTD - ,.D,. gTQTgxs 4Tuia9d asn TeuoT4TpuoD - „S„ -4TQTgxs ueTd oT3Toads - „V„ -4TgTgxs 5. Agreement With Respect To Managing Conference Facili- ties and Parking Facilities. The City hereby agrees that it will include in any agreement pursuant to which the conference facilities are managed and in any agreement pursuant to which the parking facilities are managed a requirement that rental rates and charges for parking respectively, will be maintained at a level such that maximum revenues in light of reasonable business Judgment and consistent with the public use are generated by the conference facilities and the parking facilities. 6. Description Of Real Property. The real property which is the subject of this Agreement consists of certain City Owned Property legally described in Exhibit "C"; and certain Optioned Property legally described in Exhibit "D". Together they are referred to as the Leased Property. 7. Optioned Property. The Developer has an equitable interest in -the form of options in the Optioned Property. The City shall acquire the Optioned Property, and together with the property it previously acquired, lease it to Developer as is more fully described in the Option to Lease and Lease (Exhibits "E" and "F" to this Agreement). 8. Option To Lease. Pending the actual lease of the Premises by Developer, the parties have executed an Option to Lease, (Exhibit "D"). Fulfillment of the terms of the Option to ME Lease and exercise of the option constitute a condition of this Agreement. Termination of the Option to Lease shall constitute termination of this Development Agreement. 9. Time Schedule. 9.1 Lease. Upon -fullfillment of the conditions of the Option to Lease and the exercise of the option by Developer, Developer shall become the Lessee of the Leased Property. At the commencement of the term of the Lease, the Leased Property shall be free of all restrictions which would interfere with the development of the Projects. 9.2 Demolition. The Developer shall_ apply for a permit authorizing the demolition of all existing structures on the Optioned Property within thirty (30) calendar days of the conveyance of the 'Optioned Property from the Developer to the City and the -,commencement of the term of the Lease, and shall commence such- demolition within fourteen (14)"calendar days -of the issuance of such permits. The commencement of demolition shall be subject to the eviction of existing tenants of the Leased Proper+ -y and any construction schedules herein prescribed shall be he -id in abeyance until all evictions relativea-to_tYi7 Leased Property have been successfully completed. 9.3 Building Permit. The Developer shall submit an application for its first building permit 270 calendar days after entering into the Lease. -7- 9.4 Start of Construction. Developer shall begin construction of the Projects within four (4) months after the issuance of the building permit therefor. Developer, at its option, may also terminate this Agreement at any time within six (6) months subsequent to obtaining approval for the Projects from the California Coastal Commission, if (i) it is unable to secure conventional financing acceptable to it, upon payment to the City of a termination penalty of fifteen thousand dollars ($15,000.00) or (ii) the delivery of tax-exempt certificates of participation in connection with the conference center facilities and the parking facilities is prevented by inability of the City to sell the certificates. 9.5 Completion of Projects. Developer agrees to diligently pursue to completion the construction of the Projects and to complete such construction within two (2) years after the day actual construction begins. The parking facilities may be the subject of a separate building permit application and may, if completed prior to the hotel, be occupied prior to the hotel. 9.6 Force Majeure. Each specific time period for the :processing, pommencement or completion of the Projects, or- any __ portion thereof, shall be extended by the same amount of time as delays suffered by reason of the following forces reasonably beyond the control of the Developer: (i) War, insurrection, riot, flood, severe -weather, earthquake, fire, casualty, acts of a public Ism Q. •,,V,, 3TgTuxS 'ueTa oT31gadg 9u3 uT uMogs se pus 3uaWaal6V sTu3 3o uoT3noaxa aq3 3o auiT3 au3 3e aojo3 uT saTOTTod TeToT33o pus suoT3eTn6aa 'saTni asog3 awe Aqjadozd - —Tea.z 9u3 -30 3ueuidojanap 03 aTgeoTTdde suoT3sot3Toacs- pup sp.zsp -ue3s uoT3on43suoo pup 3uawanozduiT 'u6Ts9p au3 'Agaadoid Teaz au3 - 30 XgTsuep au3 'A3zadoad aq3 3o sasn pa33TuLzad 6uTuaano6 saToTTod Te10T330 pus suOl4eTn6aa 'saTna aqs •me -1 AqTD 17 OT •suo.4eTn ag asa pue? up 3ueuiaea y 3O 3oa33S *OT •s�sa�i a9ag3 spaaoxa AeTap pasnoxa Te3o3 aql 3T 3ueuiaa.26y stu3 30 uOT3eTTa3ue3 ao; spuno16 pazapTsuoo aq TTegs 3I •-4uauiaaa6y sTu3 3o 3aed Aue jo TTe u3TM aOueTTdiuoo s,-TadoTanaQ aq3 3uanaad asTmaag3o jo 3uauiaaz6v sTu3 3o 3zsd due jo TTe 93epTTenuT o3 aadOTanaQ au3 03 pagQT@Iun pus 3uawaaa6y sTg3 apTs3no saT3T3ua jo suosaad Niue Aq 3g6noaq uoT3oe TeToTpnC. uioa3 6uT3TnsaJ 'japuna.�aq saT3TTTgTsuodsai zo suo.4e6TTgo SIT u3TM aoueTTdmoo s,.zadOTanaQ aq3 u3TM 6uTia3.za3uT asTMlaggO 10 3uanaad 'uoT3ounCuT us o3 p93TuiTT Sou 3nq 6uTpnTouT '3Oe TeTOTpnC Suy (TTT) •aaTTddns ao aogoez3uoogns '.ao3oej3uoo Aue ao sSeTap 'sgnoxOOT 'saxTJgs 'sToo3 aO sTeT193em 'zogeT iJessaoau ai noas 03 A3TTTgeui (TT) !AgT3ua 30 AOu96e Te3uauivaano6 Aue 3o 3oe o3 sainTie3 ao s3Oe 'uOT3e6T3TT 'uOT3OTJ3saa Te3uauu-Tan06 ',�UIaua 10.2 Subsequent Approvals. This Agreement does not prevent the City in subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies appli- cable to the Leased Property pursuant to this Agreement. This Agreement does not prevent the City from denying or conditionally approving any subsequent development project application on the basis of existing or new rules, regulations and policies. 11. Public Improvements, Facilities And Services. Devel- oper agrees to provide the following public improvements, facil- ities and services: 11.1 Contribution to Shuttle. As provided for in the Lease, Developer shall provide, on an annual basis, twenty percent (20%). of the cost of the -shuttle bus service providing service between the beach area and Pacific Coast Highway, not to exceed $14,267.00 per annum and payable monthly commencing on the date of issuance of a Certificate of Occupancy for the Project. 11.2 Improvement of Street Signals. The Developer .shall pay up to Fifty Thousand Dollars ($50,000.00) towards .the cost of computerizing the connection -- p signals located on Hermosa Avenue between 10th and 14th Street. Such contribution shall be made only in the event that such work'is-requested -by the City within three ( 3 ) years of the -date --a Certificate of Occupancy is issued for the Project. -10- 11.3 Hiring. From and after the issuance of the Certificate of Occupancy for the Project, Developer agrees to give first Notice of Employment Opportunities to residents of the adjacent CDBG impact area and then to other City residents for all hotel jobs not otherwise filled by then -existing hotel employees, subject to the requirements of the laws of California and the United States. Developer's goal shall be to have City residents (particularly neighborhood residents) constitute not less than twenty percent (20%) of the hotel's employees and to encourage employment of minorities, the disabled, armed forces veterans and women. 11.4 Community Center Contribution. As provided for in the Lease, Developer agrees to pay to the Hermosa Beach Community Center Foundation Capital Fund, Five Thousand Dollars ($5,000.00) per year for ten (10) years payable at the end of the calendar year when the Certificate of Occupancy is issued for the Project and at the end of each calendar year thereafter. until fully paid. 11.5 Subdivision Map, Parcel Map. The City agrees -to expeditiously_ approve a parcel map or..subdiv.ision .p.ap for the Property, as=: may be appropriate in accordance with;=�appli cable law, and to divide the Leased Property into various parcels as determined by the Developer. The Developer -shall prepare- -_t -he -------necessary survey and tentative and final -.map through.its engineer at the Developer's expense and the City shall approve such parcel.:._ - map in accordance with standard City procedures. -11- -ZI- qoq aq4 UT pautequoo saoeds 06C ATa4euITxojdde aqq uioa3 pagejauab anuanaJ buixaed (TT) 'sanuanaa uiooi s,4oaCoad aq-4 uv ;xes Aoued - — -n000 quaTsueiy aqq (T)-jo qunouie aqq Aq 49sg;o aq TTegs aoTnaas ggap puoq AT.zeaA Aed oq uoi4e5TTgo s,a adoTanaQ aqy •uia-Tagq PageooT . __- - - ---` s@T4TItoe3 TaWg 12TTuiTs o4 goadsa-T --q-4zM seTabuV sol go A-4io auk Aq ipassasse- aw-rq--o--� auii-4 u10.z3 xeq Aouedn000 _quaisuezq age go 94e.z aqq go ssaoxa uz agea e of pasea.zout aq '4uana ou ut Aeuc xeq Bons •queuraaj5V sigq ggTM aouepj000e ut Agazag� paqejauab spun] ATdde oq pup goaCoad aqq go gaed e butsTjduioo T9404 aq4 4suTe5e (g8) quaoaad gg51a gseaT 4e go xe-4 Aouedn000 quazsueiq e asoduiz oq saalbe Agin aqy oue n000 quaisueay Z'ZT •-4uautaaz5v sig -4 ut ggjoj qas quawdoTanap go Agisuap aqq 04 pup sasn aqq aog Agjadoid paseaT aqq go quawdoTanap quanaad 4ou TTegs A4T3 aqq Aq suoTgoe Ajeuoiq -a.zoszp qons aog squawaainbaj jo suoTgoT.zgsaa 'sm@q 'suotgzpuoo Aue jo A4TD aqq Aq suoTgoe Aseuotga.zostp quanbasgns Aue 'Z'S9859 u01409S 9POD 4uauivaanoo UT peptnozd sy •quaWa9J5V sTgq ggTM aoue -pa000e ut Agaadoad paseaT aqq go quauidoTanap aqq ggTM ageiad000 pup gtuiaad TTegs A4TD aqs 'not-4eja ooh -q—TD T'ZT q?D 3o SUOT43V 'ZT •uoT4ipa SL61 '8T 'ON gaTgduied uotgeToossV uotgoagold 0-Ti3 Teuoz4eN aqq Pup 'UOT4TP9 Z86T 'apoo aJTA uaoiTun aq4 ggTM aouepz000e uT paa aTNuizds ATTn3 aq TTegs goaCold aqq go suoigjod paaTnbaa TTy utpTing paaaTNuzaS 9'TT C parking structure, or that number of spaces on which the Developer must guarantee bond debt. In the event such additional revenue exceeds the amount of the bond debt service, such excess proceeds shall apply against rent due under the Lease of the Leased Property, except however, that in no event, after the third (3rd) years of the term of the Lease shall the rent be reduced by application of such proceeds so as to be less than Two Hundred Sixty Thousand Dollars ($260,000.00) per year. 12.3 City Parking Structures. The City agrees to construct a parking structure on Lot B accommodating not less than one hundred (100) cars and a parking.structure at the Community Center accommodating not less than three hundred (300) cars. These lots shall be allocated for the general use of downtown visitors and are intended to enhance the downtown commercial area. The City will make space available at the Community Center structure for employees of the Project at the same cost charged to the general public. The architect for such parking structures shall be Howard, Needles, Tammen & Bergendoff �or other architects acceptable to the City and Developer. City approval of such parking structures shall be distinct and independent of the City approvals of the hotel project. -13- -�I- 1o9 suiiPTO pue g4e9p buipnToui AanCui Teuosaad jog abeuiep aOJ sugeTO -TO 96Pwep ao. A-qiTigeiT 111013 ssaTuLzeg sant-4e-4uas __-_- -,azdaa pue _saaAolduia 'squabe 'sTaoi3io sqi ',i-iz-0uqnv buTXZed goeag esouuag pue '43t14sIG 5UTXzed alOigan gOeag esoui.zag 'Agip — auq PTOq TTegs pue o-; saaabe jadolanaQ •ssaTuilPH _pToH '£T — - -- - - - •Aouednoop go 9gPoi4igaa3 e J09 aTgibi'Ta si sgOaCold age 3o uo. gjod Tagog aqq auiiq aqq o4 aoiid '-4sOO9Tos s -4i 4P pue Agin aqq Aq Pa49Tduioo aq TTegs 'Agaadoad paseaq aqq jog abeuiejp agenbape apinoid oq quaioiggns 'sgOaCOJd aq4 3o eaze aqq ui abeuielp uiaOgs JO UOTgQJ@glV •suieju ujaogs 91ZT •s�uaucazinba� goaCoad aqq ggTM aouepl000e CIT ueTd TegseOD TeooZ s4i jog quawala asb pueZ aqq go queuiepueuie ue .zo; uoiq -eoiTdde quioC e '4iuiz9d Te4seOD e jog uoiqeoildde s,aadOTanaQ Aq paiuedur000e '�iurgns ITegs Agi3 agq 'qu@uiaaz6V sigh go Tenojdde aqq ggiM ATquejanouoD •uoi4P3iT V Te-4s2OD S'ZT •asuadxa pue 4sO3 aTos s4T qe aTgissod sP uoos se sueTd Bons 4u9nr9lduq of sgao33a gsaq sqi aziTign ITegs A4TD agy •sbuiMe�p aoiqOnzqsuoO zoo $ PUP ubisap Azeutu"Taid jo3 $ uegq ajour quana ou ui qnq 'ueTd eons jog gsoo ago 3o (SOS) queo.zad Agji3 agngTa4uo3 TTegs AqiD agy-s43aCojd agl oq 4u93eCpe puPjgS aqq pue sanuaAV esouLzag 'sgaajgS ggST PUP ggVT 'g4£I aO3 ueTd buideospueT e '4oagTgoje adospuel sqi gbnojgq 'asedaid Tlegs jadOTanaQ agy buTdeospupq tl'ZT -ST- 'spaeoq aniquiodde pue ani409Ta aTagq 'AgTaog4nv 6ut�,faed goeag esouuag pue '40ia4sTG buINIud aToigan goeag esouJag 'A4TD aqq 04 pua4x9 TTegs aoueinsuT aqy •quauzaa.a6.V stg4 3o uuaq aqq 6utjnp = abueansu = au �_ uT� uzeiu ^TTegs-T@doTanaQ •aalalpo pup qunouie - - 'utsog 04 se AauJo44V AgTD aqq ;o Tenoadde 9q4 aniaoa.z pup gdej5 eavcl stq,4 ;aapun paatnbaa aoueznsuT aqq uteggo TZ-eqs a@doTanaQ 's-4oaCold 9114, uo X-loM 6utuut69q a-iojag •aoueinsuI •i�T •quauiaaabv quauidoTanaa aqq go AgipTTen aqq 6ui6uaTTego uoT-4oe Aue-ut A-4tO Jog asuagap e _.aptno-Td pue agsoo TTe Aed 'ssaTurIeq pToq 'A;TuutapuT oq saajbe aaggjn3 jadoTanaQ •aTgeoTTdde aae ZT gdpa5eaed uz oq paaaajaa saTotTod aoupansui aqq qou ao ,aaggagM o ssaTPae6al Pup sgoaCoad aqq aoj ggoq io suotgeoigToads aO sueTd panoadde ao 'pazTddns 'paaedaid AgTD aqq qou jo IaggaqM 3o ssaT -p.aebaj 'gdpa5ejed sig4 uT 04 pajia;aj suozgesado aqq 3o uoseai Sq paaa;jns uaaq `aneq oq pabaTTe jo pajaj;ns sabeuiep jog sluTeTo pue sabeuiep TTP oq s@TTdde quamaa.zbe ssaTurzeq pToq stgy •sgoaCojd aqq q�zM uoi40auuoo ut sal4TAT43e s,jadoTanaQ Jo uoseaz Aq pasneo uaaq aneg 04 pabaTTe ao pasneo sa6emep jog suoTgoe iuo.zj sanigequas -aadaj pup saaAoTduia 'squabe 'sjaoTjgo sqT pup AgTD aqq puajap TTegs pup oq saajbe aadoTanaQ •sgoaCozd aqq oq ageTaa goTgm 3Tegaq s?q uo butgoe uosiad aaggo jo aaAojdiva 'qua6e 'aogoejq -uooqns 'zog3ea4uo3 siq Jo asogq so aadoTanaa aqq 3o suotgej ado 4OGaTpuz Jo gOGJTp aqq uioJ3 @STJe AeW gotgM abewep Agaadoid -9T- •aaAojduia ao qua5p 'aogoPaquoogns 'aogoeaquoo sig ao aedoTanaQ Xq oqui paa94u9 40ea4uoo Niue uo A4TTTq ell TPnqopaq -UO3 p95aTTe ao A4TTTgpZ.T TPngoeaquoo puP 3o uoseaa Aq ao goeaq -uoo 3o goeaaq ao-T uizeTo ao goeaaq go uoseaa Aq apeui puPuiap ao uTZeTO "UO -1-45e UL 3b"uos�aa Aq pauzPqsns sabPiuep 4suiP6e bur znsuz go qunouie aqq uT AOTTod aoupansui up uTPquTeui TTPgs j adoTana(I *aoupansut AqTTTqeil TPngopaquoo =(o) - •aouaaan000 auo AuP go 4un000e uo uosaad gppa go Agaadoad aqq oq a5euiep ao; $ ueg,4 ssaT qou go qunouiP up uT aoupansut a5euiep Agaadoad pup ! aouaaan000 auo yup 3o qun000P uo $ uPg-4 ssaT qou qunouip up ui uosaad gopa ao3 gTwjj aures aqq oq goaCgns pup uosaad auo Aup o'4 Fg'4eap 5uipnToui) saianCui log $ upg-4 ssaT -4ou qunouip up ut aoupansui AgTTTgp'T OTlgnd uiequ'Pui TTpgs aadoTanaQ •aoupansuT a euipp Aqjadoid pup AqTTTqeTT otTgnd (q) •aouPansuT Bons Uie4uTpui pup qno aNeq oq eanTTPJ stq uioaJ 5uz4Tnsaa a5euiPp ao; AgTaog-4nV butNapd goeag PsouLTag PUP '40ialszQ 5UTNJed aToigan goeag esouiaag 'A4TD aqq A;Tuuiapui oq saaabe aadoTanaa •saaAOTduia antgoadsaa aiagq aoj aoup-ansut uotqPsuaduioo s,aa�,(IOM apznoad oq XTaPTTuits aogoeaquoogns pue aogoPa4Uoo goPa aatnbaa TTegs aadoTanaQ •sgoecoad agq 40 94TS aqq qe paAoTduia suosaad TTP aoj aoueansut uozgesuadwoD s,aaxaoM UTe4UTPui TTPgs aadoTanaQ •aoueansui uoigpsua uioD (P) •sgoaCoad agq UO NIOM buiuraojaad aogoeaquoogns PUP 1043ea4u03 goes PUP aadoTanaQ 9qq oq PUP sanigequasaadaa pup saaAoTduia 'squa5e 'slaoiggo 'suotssiunuoo 15. Evidence Of Insurance. Developer shall furnish City concurrently with the execution of this Agreement satisfactory evidence of the insurance required and evidence that the carrier is required to give the City at least ten (10) days prior written notice of the cancellation or reduction in coverage of a policy. 16. Periodic Review. Developer and City shall review periodically the parties' respective performance of this Agree- ment as provided for in Government Code Section 65865.1 and as further provided in this Section. In connection with such review, each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the bases for such assertion, and to receive from the other party a justification of its position on such matters. If on the basis of the parties' review of -any terms of the • Agreement, a party concludes that any other party has not complied in good faith with the terms of the Agreement,• then such party not in default under this Agreement may issue a written "Notice of Non -Compliance" specifying the -grounds there- for and all facts demonstrating such non-compliance.. The party receiving a -.-Notice of Non -Compliance shall have sixty (60) days to respond in writing to said Notice. If the response to the Notice of Non -Compliance has not been received in the offices of the party alleging the default within the prescribed time period, 4 the Notice of -Non -Compliance shall be presumed to -be valid-. -17- If a Notice of Non -Compliance is contested, the parties shall have up to thirty (30) days to arrive at a mutually accept- able resolution of the matter(s) occasioning the Notice. In the event the parties are not able to arrive at a mutually acceptable resolution of the matter(s), the party alleging the non- compliance may elect to (i) pursue any available remedy at law or in equity, or (ii) enter into binding arbitration provided that the other party to the Agreement consents to said arbitration. The above provisions are subject to meeting the Notice and hearing requirements of Government Code Section 65868. 17. Amendment Or Cancellation Of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Govern- ment Code Sections 65868, 65867 and 65867.5 except that failure of the Developer to exercise its Option to Lease as provided in Paragraph 6 terminates this Agreement. 18. Events Of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or cond it ions : -- - - - - - - -- ' (a) If a warranty, representation or statement made or furnished by Developer to the City is -false or proves to have - been false in any material respect when it was made; 31 M: (b) A finding and determination by the City made following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substan- tial evidence the Developer has not complied in good faith with the Project Time Schedule. 19. Procedure Upon Default. (a) Upon the occurrence of an event of default, the City may terminate or modify this"Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Developer implied if on periodic review the -City does not propose to modify or terminate the Agreement. (c) An express repudiation, refusal or renunciation of the contract, if the same is in writing and signed by the Developer, shall be sufficient to terminate the Agreement and a hearing on the matter shall not be required. (d) That adoption of a law or other governmental activity making performance by the applicant unprofitable or more difficult or.. more expensive does not excuse_ the performance of the obligation; by. the Developer. -- -_- _-i (e) All other remedies at law or in equity which are not otherwise provided for in the Agreement or in City's regula- tions governing development agreements are available to the parties to pursue in the event there is a breach. -19- 20. Damages Upon Termination. In no event shall Developer be entitled to any damages against City upon termination of this Agreement. Due to the nature of the development process, especial- ly with regard to these Projects in terms of the specific uses and structures, t the functional and economic inter -relationships of the various components of the Projects, and the functional and economic relationships between the Projects and City as a whole, as a practical matter, it will not be possible to restore the land to its undeveloped natural state and/or to alter the Projects' relationship to the growth of City once any significant portion of the Projects are constructed. Developer and City will then be foreclosed from other choices that they might have had available for the development and use of said land. Similarly Developer and City, have invested time and effort of planning prior to arriving at the kind, location and intensity of uses, improvements and structures all as specified in this Agreement and that it may not be possible to determine a sum of money which would adequately compensate either party for this. For: ---the above reasons, the parties agree -that damages would not be an adequate remedy for any of the parties if' one orJV more of the parties fail to carry out its obligations under this Agreement, because the subject of this Agreement is not -merely a parcel of real property but is a unique series of parcels of which few if any other such sets of parcels with such a potential -20- -TZ- 6DI006 VD 'saTa6uv soZ OOS e4Tns p.zenaTnog aquaoZA ueg 9ZLTT sioT6ueZ I pooMua919 - :sMoTTOJ se passa.zppe aq TTeus a adoTanaQ o- uaA16 aq o-4 peaznba-7 saot-4oN fiSZ06 VO 'goeag esouraag aATIG AaTTeA STET- aaquaD "OzntD goeag esouLzag 90 A-4zD :sMoTTo3 se passaappe aq TTegs AgTD oq uaAt6 aq o-4 paa-rnbaa sa:) . •pTedaid a6egsod 'Tzeui pai.3iqzao Aq quas ao uoszad ui paaaATTap pue 6utgi.zM uz aq TTegs queutaaa6v slgq japun iog papTnoad ao pea inbea sa3140u. TTI •saozgoN 'ZZ •sgsoo ganoo pue saag sAaujogge aTgeuoseaz oq paTgtqua si A -..zed 6uZTTenazd aqq 'queuraaa6V sigq 3o uozsinozd a aozojua 04 10 4ua►uaa.z6y sTgq go goeajq go asneoaq gg5no.zq si Agjed aaq-4ta Aq uotqoe Te6aT 31 •sgsoD puv saa3 s auloggv •iZ ,aapunaaaq uoige5TTgo sqT qno Ajaeo oq ainTieJ s,Agaed Aue go quana agj ut sabeurep uegq aaggej 'Apauiaa paiia;azd aqq aq TTegs aoueuiso;jad oijToads gegq aaa6e aagganj saigjsd aqq 'suoseaj 6uio6ajoj aqq jo3 •suoige5ijgo sqT qno Aijeo oq aanTtej s,Agjed jaggo agq 3o aseo ut Agaed aaggTa agesuadmoo ATa adoid pTnoo gozgM sa6eucep go qunouie aqq agenTena oq aTgissod aq 4ou pTnoM qT asneoaq pue 'A4TO sig4 ut 499T aJe queuidoTanap IOJ A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Assignment. The rights of the Developer under this Agreement may not be transferred or assigned without prior review and approval of the City. Review by the City of such an assign- ment shall be limited solely to the ability of such assignee to comply with the specific duties and obligations assigned. 24. Successors. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in inter- est of the parties to it. 25. Relation Of Parties. It is understood that the con- tractual relationship between the City and Developer is such that the owner is.an independent contractor and not the agent of the City. 26. Duration of Agreement. This Agreement shall expire. six (6) years from its adoption on -19_ except for the obligations to provide public improvements, facilities and services described herein. These obligations shall remain in effect as long as required to fulfill them:' IN WITNESS WHEREOF this Agreement has been executed by the parties on -the day and year first above written. -22- ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY By: By: CITY OF HERMOSA BEACH, A General Law Municipal Corporation GREENWOOD & LANGLOIS, A California General Partnership —23— -I- e suuoj aneaq oq uo?gd0.s?qq aapun aadolanaQ �q pauuojaad aq 04 paatnbaa suO?geb?Tgo aq4 3o aoueuaaoijad aq4 geg4 a5palMouNoe aadolanaa pue A4TO aqy •aseaZ aoj U014e19p?suo0 F•Z •asaq q�ao� qas suo?q?puoo pue susaaq aqq aapun Sqj adoad paseaq aqq aseal oq uo?gdo pue qq6?a an?snToxa aq-4 'Aq aqq uioaJ 9Jnoas 04 saa?sap aadolanaQ aqq pue -iadolanaQ aqq quea6 Oq saa?sap X4?0 aqq 'aadolana(j aqq Aq A:Izado.zd pase97 aqq JO 6u?a?q lenqoe aqq 6u?puad •quaut9aa6y quawdolanaa aqq 04 Cl 1 O sq?q?qxg ut �Claelno?�aed aaoui pagTjosap aje spueT asa4l •slaoaed uoTgdo aqq pue Xgaadoad paseaq aqq 3o Tequaa aqq 1 0; aseal a oqu? salua 04 saa?sap pue suoT4?pu03 u?egaao Japun as?o.Iaxa 04 spUa4U? SI?O aq4 goTgM �gaadoad pauo?qdo aqq aaTnboe 04 uo?gdo ue seq aadolanaQ aqy -.4uaur olanaQ Z•Z •aseaZ 04 UoTgd0 srgq of Aldde qq?Maaaq pagno -axa quaUr9a16y 4uaiudolanaQ .aqq ut suoTITUTjap aqy I • Z -YlVLID2U .Z •(„aadolanaQ„ aq-4) pue aggj UO?,4eaodaoo led?o?unw Mel Teaau96 e 'HOVS9 VSOWU3H 30 AID aql uaamgaq '-61 • go 4ep aqq go se o -4u? PE)aa-4ua pue apeut s? 3SK3q OZ N011dO SIHI •N0I,LFIOI3IIN3QI • I 3SV3q 01 NOIldO -Z- giiuqns 'X4TO aq4 oq Agsadoid pauotgdo aqq oq aTjTq aTgPquPgosaui pue pooh AaAuoo ITegs jadolanaQ aqq '(uoT:ldo stq-4- go gde.z6 -EZEd UT paUTJap se) agep 6utoueuT3 aq-4 .uo (e) 'NOIZdO do SSI02i3X3 •9 •ase9'ji o'4 uot:Ido stq-4 go -u014noax;a uodn aovenpe UT. $ 30 urns aqq uoigdo pue a6aTTntzd 'qq6T.:, sTg4 JO; aqq oq AEd of saa.z6e aadolanaQ ° NOIZdo Hod ZN3WTV'd .9 'AITD aqq Aq pano.zdde pue 'algeTiene aae 6UT -oueut3 puoq 3o spaaoozd aqq uagM a4ep gegq st agep 6uToueUI� ayL •94ep 6uzaueuT3. 90 A-Teszantuue -4S-TT aql uo a.ltdxa pue quauiaaz6y quauidol@naa aqq go uoTgnoaxa aqq go agep qI uo aouauiuroo ITegs ' „uuay not-4do,, I@-4jeaaaq ' uotgdo szgq go uuaq @qs "C -aw "U.LI UU •Aijadoid paseaq eqq 'A4TD 9q4 uioaJ @seal 04 uotgdo pue a6aTTATjd '4g6Tj antsnloxa aq-4 jadolanaQ oq squej6 A-4iO aqy S3SIW32id 3H,L 3SV2'1 O,L NOIZdO 30 LNVdE) • E •quauiaal6y qu@udoanaQ aq-4 01 „3„ -4Tgtgxg sz aseal goTgM 'aseaj qons 3o uoTgnoaxa aqq oq quapaoajd uoT4►puo3 R st aoueuijo3zad pies qeq, aagq.zn3 a@35e pue 'saijjed aqq uaaMgaq aseaj quanbasgns aqj so3 uoTIesapTsuoo aqq 3o gied IeTaaaeui June 7, 1984 Honorable Mayor and Members City Council Meeting of the City Council of June 12, 1984 CHP/SWITERS REPORT Attached is a copy of the CHP/SWITERS Report for the first quarter (Jan. - Mar.) of 1984 submitted by the Police Department. ak��m,q TV�k� Gregry Z yer City Manager GTM/ld Attachment 61q�� TO: CAPTAIN V. STRASER FROM: SGT. GUY WALTERS, TRAFFIC DIVISION SUPERVISOR SUBJECT: 1ST QUARTER SWITERS REPORT REVIEW DATE: MAY 29, 1984 I recently received our quarterly CHP/SWITERS Report for the first quarter 1-1-84 to 3-31-84. The following is an overview of the computations contained therein. Total accidents 79 fatal 0 injury.. 39 severe wounds 2 visible injury 14 complaint of pain 23 First quarter total 1983 96 First quarter total 1984 79 Reduction of accidents 17 Primary cause of accidents 52 (65%) 1. Auto right-of-way 13 (16%) 2. Improper turns 11 (13%) 3. DUI/Drugs 8 (10%) 4. Signs/Signals 7 ( 8%) 5. Unsafe start/backing 7 ( 8%) 6. Unsafe lane change 6 ( 7%) 7. Unsafe speed 5 ( 6%) Total 47 (68%) Accidents by shift Day 0700-1500 31 (39%) Swing 15100-2300 34 ( 43%) Graveyard 2300-0700 13 (16%) 1100-2300 52 (65%) 1600-2400 33 (41%) Accidents per street location PCH - 17 (21%) Hermosa Av 11 (13%) Ardmore Av ._5 ( 6%) Monterey B1 5 ( 6%) Aviation B1 4 ( 5%) 51% of our accidents are occuring on the arterial roadways or major collector streets. 65% of the accidents are occuring betw n 1�100-2300 hrs. SGT.�GUY WALTERS SUPERVISOR -TRAFFIC DIVISION HERMOSA BEACH POLICE DEPARTMENT GW/kh TO: CAPTAIN V. STRASER FROM: SGT. GUY WALTERS, OIC -TRAFFIC DIVISION SUBJECT: SPECIAL TRAFFIC REPORT 1983 DATE: MAY 29, 1984 I requested a special SWITERS run for Hermosa Beach targeting the major accident locations, Pacific Coast Hwy, and Aviation B1 in order to better analyze the city's accidnet trends. Below is an overview of the CHP/SWITERS computations. 1983 Major Accident Intersections 1. PCH and Aviation 11 Total 2. PCH and 15th St 11 it 3. Hermosa Av and 10th St 8 4. Hermosa Av and 6th St 6 " 5. PCH and 21st St 6 " 6. Aviation and Aubry (Alpha Beta) 5 " 7. PCH and 10th St 5 " 8. PCH and Pier.'Av 5 " In 1983 PCH totaled1137 reportable accidents to CHP/SWITERS, Hermosa Av,61; and Aviation B1, 43. The leading PCF on these roadways are auto right-of-way, speed, and DUI. These major arterial roadways and collector streets should be re-evaluated for traffic engineering deficiencies, which if corrected, should help in further reducing the accident profile for Hermosa Beach. I suggest, the Traffic Division, City Traffic Engineering.and CalTrans meet and confer to revue the aforementioned problem areas.