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2019-08-20 PC Agenda
Planning Commission City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Chair David Pedersen Vice Chair Peter Hoffman Commissioners Michael Flaherty Rob Saemann Marie Rice Council Chambers7:00 PMTuesday, August 20, 2019 1 August 20, 2019Planning Commission Regular Meeting Agenda - Final Note: No Smoking Is Allowed in The City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City's web site at www.hermosabch.org. Wireless access is available in the City Council Chambers for mobile devices: Network ID: CHB-Guest, Password: chbguest Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City's website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. Page 2 City of Hermosa Beach Printed on 3/20/2024 2 August 20, 2019Planning Commission Regular Meeting Agenda - Final Submit your comments via eComment in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. eComments can be submitted as soon as the meeting materials are published, but will only be accepted until 12:00 pm on the date of the meeting to ensure Planning Commission and staff have the ability to review comments prior to the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Oral / Written Communications 5.19-0541 Information Only: Public Hearing Notices and Projects Zoning Map Section I CONSENT CALENDAR 6.REPORT 19-0540 Approval of the July 16, 2019 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the July 16, 2019 regular meeting. 7. Resolution(s) for Consideration - None Section II HEARING Page 3 City of Hermosa Beach Printed on 3/20/2024 3 August 20, 2019Planning Commission Regular Meeting Agenda - Final 8.REPORT 19-0524 SIGN REVIEW - S4 #38 Determination on whether a proposed 616 square foot display on the west wall of the building at 22 Pier Avenue is a mural, and determination that the proposed display is not a project under the California Environmental Quality Act. Recommendation:Adopt the attached resolution and determine that the proposed display covering 616 square feet of surface area on the west side of an existing building is consistent with the Hermosa Beach Municipal Code (HBMC) definition of 'Mural' at 22 Pier Avenue (Waterman's), and determine that the proposed display is not a project under the California Environmental Quality Act (CEQA). Section III PUBLIC HEARING 9.REPORT 19-0535 PDP 19-2 and PARK 19-2 -- Precise Development Plan and Parking Plan to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Recommendation:Adopt the attached resolutions approving Precise Development Plan 19-2 and Parking Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot (sq. ft.) commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit, and Parking Plan 19-2 to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adopt the Mitigated Negative Declaration. Alternatively, the Planning Commission may deny the project and adopt the attached denial resolution. 10.REPORT 19-0539 CUP 18-9 and PARK 19-4- Conditional Use Permit and Parking Plan Amendment request for a gymnasium/health and fitness center, limited (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolutions approving CUP 18-9 and PARK 19-4 to allow a limited gymnasium/health and fitness facility (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Page 4 City of Hermosa Beach Printed on 3/20/2024 4 August 20, 2019Planning Commission Regular Meeting Agenda - Final 11.REPORT 19-0542 A-14#63- Planning Commission consideration of a small lot exception to open space and lot coverage requirements otherwise required in the Single-Family Residential (R-1) zone for a new single-family residence at 3411 The Strand, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution to determine that the small lot exception to open space and lot coverage requirements are warranted for the proposed single-family residence. 12.REPORT 19-0523 CUP 19-3- Conditional Use Permit Amendment request to modify an existing non-conforming rooftop wireless telecommunication facility by removing and relocating antennas within new screening boxes below the existing building height and upgrading equipment (AT&T Mobility) at 2447 Pacific Coast Highway, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). (continued from the July 16, 2019 meeting) Recommendation:The applicant is requesting a continuance to October 15, 2019 to allow for additional time to address the Planning Commission's comments from their July 16, 2019 meeting. Pursuant to Federal regulations, there is a "shot clock" to process wireless applications which the applicant has agreed to pause (letter attached) while working with the City to gather and prepare application materials for the October 15, 2019 meeting. Therefore, staff recommends the item be continued to the October 15, 2019 meeting. Section IV 13. Staff Items a.REPORT 19-0536 Potential Municipal Code text amendment to the M-1 Light Manufacturing Zone to consider allowing Cypress District businesses to host openings or events to showcase and offer products for sale on a limited basis. Recommendation:As directed by the City Council, Staff recommends that the Planning Commission study the request for Cypress District businesses be permitted to operate in a more creative way consistent with the General Plan through consideration of amending the M-1 Light Industrial Zone and the appropriate permitting process to allow businesses to host openings or events with limited retail sales, and set a public hearing for the necessary amendments to the zoning ordinance. b.19-0544 Verbal Report on City Council Actions c.19-0545 Verbal Status Report on Major Planning Projects Page 5 City of Hermosa Beach Printed on 3/20/2024 5 August 20, 2019Planning Commission Regular Meeting Agenda - Final d.REPORT 19-0543 September 17, 2019 Planning Commission Tentative Future Agenda Items Recommendation:To receive and file the September 17, 2019 Planning Commission tentative future agenda items. 14. Commissioner Items 15. Adjournment Page 6 City of Hermosa Beach Printed on 3/20/2024 6 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0541 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 Information Only: Public Hearing Notices and Projects Zoning Map Attachments: 1.Easy Reader Notices 2.Public Hearing Notification Radius Maps 3.Projects Zoning Map City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™7 Easy Reader Run Date: August 8, 2019 DISPLAY Acct: 7010-2110 City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, August 20, 2019 to consider the following: 1. 307 Pacific Coast Highway, Game Ready Performance -- CUP 19-4 and PARK 19-4--- Conditional Use Permit and Parking Plan Amendment request for gymnasium/health and fitness center assembly use (Game Ready Performance) at 307 Pacific Coast Highway, and determination that the project is categorically except from California Environmental Quality Act (CEQA). 2. 715 Pier Avenue, Vons - CUP 19-8 -- Conditional Use Permit Amendment request to allow instructional tasting of beer, wine and liquor (Vons) at 715 Pier Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). 3. 3411 The Strand, A-14 #63 - Planning Commission consideration of a small lot exception to open space and lot coverage requirements otherwise required in the Single-Family Residential (R-1) zone for a new single- family residence at 3411 The Strand, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Continued from July 16th Public Hearing 4. 2447 Pacific Coast Highway -- CUP 19-3- Conditional Use Permit Amendment request to modify an existing non-conforming rooftop wireless telecommunication facility by removing and relocating antennas within new screening boxes below the existing building height and upgrading equipment (AT&T Mobility) at 2447 Pacific Coast Highway, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Continued from July 16th 2019 Public Hearing 5. 70 10th Street, PDP 19-2 and PARK 19-2-- Precise Development Plan 19-2 and Parking Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit with a 212 square foot ancillary registration office, and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Continued to a date uncertain during the June 18, 2019 Public Hearing 6. 22 Pier Avenue, Sign Review – S4 #38 Determination on whether a proposed 616 square foot display on the west wall of the building at 22 Pier Avenue is a mural, and determination that the proposed display is not a project under the California Environmental Quality Act. SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. Written materials pertaining to matters listed on the agenda of a Regular Planning Commission meeting must be submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda packet. However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City’s website at the same time as they are distributed to the Planning Commission by email and provided to the Planning Commission and public at the meeting. Written comments may be submitted to the Community Development Department, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, CA 90254. Written comments may also be submitted via eComment in 3 easy steps: 1) Go to the Agendas/Minutes/Video webpage and find the meeting on which you’d like to comment; 2) Find the agenda item on which you’d like to comment; and 3) sign in to your SpeakUp Hermosa Account or sign in as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. 8 2 FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss subject project on the Planning Commission agenda. A copy of the agenda will be available for public review at the end of the business day on Thursday, August 15, 2019 at the Hermosa Beach Police Department and Public Library. The staff report(s) in the Planning Commission packet will be available to view on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk 9 10 11 12 13 © OpenStreetMap contributors 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.2 Notes Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.090 City of Hermosa Beach-Projects Zoning Map City Boundary Parcels Zoning R-1 SINGLE-FAMILY RESIDENTIAL R-1A LIMITED SINGLE-FAMILY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 LIMITED BUSINESS AND RESIDENTIAL C-2 GENERAL COMMERCIAL C-3 GENERAL AND HIGHWAY COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS-1 RESTRICTED OPEN SPACE OS-2 RESTRICTED OPEN SPACE OS-O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) 14 © OpenStreetMap contributors 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.2 Notes Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.090 City of Hermosa Beach-Projects Zoning Map City Boundary Parcels Zoning R-1 SINGLE-FAMILY RESIDENTIAL R-1A LIMITED SINGLE-FAMILY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 LIMITED BUSINESS AND RESIDENTIAL C-2 GENERAL COMMERCIAL C-3 GENERAL AND HIGHWAY COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS-1 RESTRICTED OPEN SPACE OS-2 RESTRICTED OPEN SPACE OS-O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) 307 Pacific Coast Hwy- CUP and Parking Plan Amendment 15 © OpenStreetMap contributors 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.2 Notes Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.090 City of Hermosa Beach-Projects Zoning Map City Boundary Parcels Zoning R-1 SINGLE-FAMILY RESIDENTIAL R-1A LIMITED SINGLE-FAMILY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 LIMITED BUSINESS AND RESIDENTIAL C-2 GENERAL COMMERCIAL C-3 GENERAL AND HIGHWAY COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS-1 RESTRICTED OPEN SPACE OS-2 RESTRICTED OPEN SPACE OS-O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) 2447 Pacific Coast Hwy.-CUP Amendment. To be continued to 10/15/19 PC Meeting. 16 © OpenStreetMap contributors 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.2 Notes Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.090 City of Hermosa Beach-Projects Zoning Map City Boundary Parcels Zoning R-1 SINGLE-FAMILY RESIDENTIAL R-1A LIMITED SINGLE-FAMILY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 LIMITED BUSINESS AND RESIDENTIAL C-2 GENERAL COMMERCIAL C-3 GENERAL AND HIGHWAY COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS-1 RESTRICTED OPEN SPACE OS-2 RESTRICTED OPEN SPACE OS-O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) 17 Community Development Department, Greetings... I’ve been the owner of the apartment building at 65-67 10th Street since January 1973 and a resident of Hermosa Beach much of that time. I am opposed to the planned motel development of 70 10th Street because it would not have adequate on-site parking to accommodate their guests. And, street parking in the vicinity of this development is virtually nonexistent. Additionally, there will be no full-time motel attendants to mitigate their beach partier guest’s impact on the neighborhood. Our first block from the beach is zoned and is in-fact---residential. I and others agree with our neighbor, Carol James’ letter, 14 August 2019, attached. As Carol pointed out, 10th Street is one of the few remaining through-streets to the beach. As such, and the fact this street also connects to the Plaza via Beach Drive, 10th Street is already very crowded with beach and Plaza goers. Much appreciation for keeping, Hermosa Beach… “THE BEST LITTLE BEACH CITY” Frank Patton 8/20/19 AGENDA, ITEM 5 SUPPLEMENTAL eComment submitted by Frank Patton on 08/17/19 at 10:50 a.m. 18 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, August 20, 2019 3:14 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Anthony Higgins submitted a new eComment. Meeting: Planning Commission Meeting Item: 5. 19-0541 Information Only: Public Hearing Notices and Projects Zoning Map eComment: Dear Mr. Robertson, Re: Handling of the Short-Term Rental Pilot Request for Public Comment Per the attached courtesy letter from you I am requesting a copy of the draft ordinance for short-term rentals in advance of Thursday's posting. The Notice I received (attachment) indicated that if I wished to review this ordinance prior to Friday, August 23 I could do so by contacting Mr Blumenthal. Is that NOT the case? Why the confusion? Well Mr Blumenthal is out of the office the last two days per his auto-reply email and his designee has not responded to my request for a draft. I also don’t understand why the city has not made this draft-ordinance available on the web site earlier to facilitate public comment. I know you are only required to post it a minimum of 72 hours in advance of the public hearing but how does it benefit the public by not making it available earlier? Why always do the minimum? Finally why were the specific properties eligible for the pilot NOT identified in the written communications from you included below. That just makes it more difficult for the public to provide effective feedback. Finally, the verbiage you use to identify the properties eligible for the pilot appears to be intentionally and unnecessary vague. ...[to allow short-term rentals in existing non conforming dwellings]... see attached. What does “non-conforming” mean to the average resident? Does “existing” include properties under construction like 5 corners or does this apply to the apartments in the area? How are we supposed to comment on something so vague? Once again why not post the ordinance in advance? Why not specifically identify the eligible properties in a way that the average resident can easily understand? Like an address or a mark on a map? Why say you are can provide the ordinance in advance of the posting in your attached letter if you can’t or won’t? I have requested the draft ordinance twice with no response to that question. Do you really want a meaningful public hearing? If so I suggest you resend the letter to all residents and include the draft ordinance, a map of the eligible properties and verbiage the average resident can understand. I strongly recommend delaying the public hearing until this is done and waiving the 3 minute per person public comment time limit unless your goal is to suppress public comment 19 and residents legal grounds to challenge the ordinance. I’m referring to the last sentence in your letter. The one in fine print. Thank you Anthony Higgins View and Analyze eComments 20 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0540 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 Approval of the July 16, 2019 Planning Commission Action Minutes Recommended Action: To approve the Planning Commission action minutes of the July 16, 2019 regular meeting. Attachment: 1.July 16, 2019 Planning Commission action minutes Respectfully Submitted by: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™21 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Draft Planning Commission Chairperson David Pedersen Vice Chair Peter Hoffman Commissioners Michael Flaherty Rob Saemann Marie Rice 7:00 PM Council ChambersTuesday, July 16, 2019 Note: No Smoking Is Allowed in The City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City's web site at www.hermosabch.org. Wireless access is available in the City Council Chambers for mobile devices: Network ID: CHB-Guest, Password: chbguest Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City's website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. Submit your comments via eComment in three easy steps: Page 1City of Hermosa Beach Draft22 July 16, 2019Planning Commission Action Minutes - Draft Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. eComments can be submitted as soon as the meeting materials are published, but will only be accepted until 12:00 pm on the date of the meeting to ensure Planning Commission and staff have the ability to review comments prior to the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Commissioner Michael Flaherty, Vice Chair Peter Hoffman, Commissioner Marie Rice, Commissioner Rob Saemann, and Chairperson David Pedersen Present 5 - Absent 0 Also Present: Ken Robertson, Community Development Director Patrick Donegan, Assistant City Attorney David Blumenthal, Contract Senior Planner Nicole Ellis, Associate Planner Kathy Khang, Assistant Planner 4. Oral / Written Communications Coming forward to speak: Chad Kroger, JT Parr and Tony Higgins 5.19-0445 Information Only: Public Hearing Notices and Projects Zoning Map 1. Public Hearing Notices 2. Projects Zoning Map Attachments: Section I CONSENT CALENDAR 6.REPORT 19-0446 Approval of the June 18, 2019 Planning Commission Action Minutes 1. Planning Commission Action Minutes for June 18, 2019Attachments: ACTION: Motion by Commissioner Rice and seconded by Commissioner Hoffman to approve the June 18, 2019 action minutes with modification to item 11 Action Page 2City of Hermosa Beach Draft23 July 16, 2019Planning Commission Action Minutes - Draft to say: To continue to July 16, 2019 Planning Commission Meeting so the applicant and staff can provide additional documentaion to support the Precise Development Plan Amendment extension. Aye:Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 4 - Absent:0 Abstain:Commissioner Flaherty1 - 7.REPORT 19-0456 Variance 19-1- A Variance from the Multiple Family Residential (R-3) open space zone provisions and parking standards to allow a new single-family residence to provide less than required open space, 230 square feet, rather than the required 300 square feet with a parking space located within the front 20 feet of the lot not leading to a garage at 1515 Monterey Boulevard and determination that the project is categorically exempt from the California Environmental Quality Act. 1. Draft ResolutionAttachments: ACTION: Motion by Commissioner Flaherty and seconded by Commissioner Rice adoption of a resolution of denial as amended. The motion carried by the following vote: Aye:Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 4 - Absent:0 Abstain:Commissioner Flaherty1 - This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by August 5, 2019. *************************************************************************************************************** THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. *************************************************************************************************************** Section II HEARING 8.REPORT 19-0444 Receive tri-annual report for on-sale alcoholic beverage Conditional Use Permits Page 3City of Hermosa Beach Draft24 July 16, 2019Planning Commission Action Minutes - Draft 1. Process and Standards updated 2019 Approved by City Council 2. PoliceABC Report for this period 3. Police Statistics for this period 4. Police Officer Checks for this period 5. LACoFD Business License inspection report 6. Code Enforcement Data for this period 7. Code Enforcement Data for last period Attachments: ACTION: Motion was made by Commissioner Hoffman and seconded by Commissioner Flaherty, that this Action Item be received and filed with amendment to page 3 in the staff report to change dates to November 1, 2018 - April 30, 2019 . The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Absent:0 9.REPORT 19-0460 SIGN REVIEW - S4 #36 Determination on whether a proposed 302.19 square foot display on the west wall of the building at 2212 Pacific Coast Highway is a mural, and determination that the proposed display is not a project under the California Environmental Quality Act. 1. Proposed Resolution 2. Site Photograph 3. Applicant Submittal 4. Notice Poster Verification Attachments: Coming forward to speak: Gary Lane and Steve Isant ACTION: Motion by Commissioner Rice and seconded by Commissioner Saemann that this Action Item be approved as amended to section 7 of the resolution to remove lines 2 and 3. The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Absent:0 This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*. 10.REPORT 19-0468 Planning Commission interpretations on whether seating plan modifications are minor and acceptable for a Limited live Entertainment Permit for Hermosa Brewing Company, 1342 Hermosa Avenue. Page 4City of Hermosa Beach Draft25 July 16, 2019Planning Commission Action Minutes - Draft 1. Conditional Use Permit for 1342 Hermosa Avenue 2. Proposed floor plan and seating plan 3. CUP approved floor plan and seating plan 4. Public Notice Poster 5. SUPPLEMENTAL eComment from Sean Dennison (submitted 7-14-19 at 2:34pm).pdf 6. SUPPLEMENTAL eComment from Peter Snow submitted 7-15-19 4:31 PM 7. Supplemental Email from Jim Lissner (received 7-16-19 246 PM) Attachments: Coming forward to speak: Dave Davis ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Saemann to confirm that seating plan changes are a minor modification. The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Absent:0 This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*. Section III PUBLIC HEARING 11.REPORT 19-0466 PDP 19-5 -Precise Development Plan Amendment to extend the building permit expiration date, pursuant to Section 15.04.050 of the Municipal Code, for a 30-room hotel currently under construction at 1429 Hermosa Avenue Continued from June 17, 2019 meeting 1. Proposed Resolution 2. Refined Construction Schedule 3. 6/17 Staff Report and Attachments 4. Supplemental Memo - H2O with attachments 5. Supplemental Email from Howard Longacre (received 7-16-19 243 PM) Attachments: Coming forward to speak: Philomina Chhabria, Scott Pfohl, Melba Rodriguez and John (last name not provided) ACTION: Motion by Commissioner Rice and seconded by Commissioner Hoffman to adopt the resolution to extend the permit expiration date to September 2, 2020 as amended with corrections to section (2) to change date from 2/19/19 to 7/16/19 and section (5) to indicate proposed extension is not a project. The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Page 5City of Hermosa Beach Draft26 July 16, 2019Planning Commission Action Minutes - Draft Absent:0 This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by August 5, 2019. 12.REPORT 19-0454 CUP 19-7- A request for a Conditional Use Permit to extend by one hour the indoor operating hours till 11:00 PM daily and to allow outdoor dining from 8:00 AM to 10:00 PM daily at an existing restaurant with on-sale beer and wine (Mosa, previously Serve on 2nd) located at 170 Hermosa Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). 1. Draft Resolution of Approval 2. Current City approved Occupant load 3. Proposed Plans and Building Elevations 4. Site Photos 5. Legal Posters 6. Radius Map 7. Public Comment Letter Received 6-27-19 8. SUPPLEMENTAL Email from Len Kissel (submitted 7-12-19 at 355pm).pdf 9. SUPPLEMENTAL eComment from Kathie Stemig (submitted 7-16-19 at 9:54 a.m). 10. Supplemental Email from Jim Lissner (received 7-16-19 246 PM) Attachments: Coming forward to speak: Bob Lombardo, Anne Conness, Karl John Schlottig, Michelle Winn, Katie Stemig and Johnny Messinc. ACTION: Motion by Commissioner Saemann and seconded by Commissioner Rice to adopt the resolution approving the Conditional Use Permit request with the following modifications: 1. Outdoor patios close at 9:00 pm. 2. Restaurant interior to close by 10:00 pm Sunday through Thursday and 11:00 pm Friday and Saturday. 3. Retractable awnings on patios to be extended over dining areas by 7:00 pm. The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Absent:0 This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by August 5, 2019. 13.REPORT 19-0447 Zone Change 18-1- A request to rezone property located at 820 9th Street from General Commercial (C-3) to Single-Family Residential (R-1) and determine that the request is within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR). Page 6City of Hermosa Beach Draft27 July 16, 2019Planning Commission Action Minutes - Draft 1. Draft Resolution 2. Radius Map 3. Public Notice Poster Verification 4. General Plan Map 5. Existing Zoning 6. Proposed Zoning 7. Aerial Map Attachments: Coming forward to speak: Stacy Straus ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Saemann to adopt the resolution recommending the City Council approve the Zone Change. The motion carried by the following vote: Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, Commissioner Saemann, and Chairperson Pedersen 5 - Absent:0 14.REPORT 19-0467 A-14#63- Planning Commission consideration of a small lot exception to open space and lot coverage requirements otherwise required in the Single-Family Residential (R-1) zone for a new single-family residence at 3411 The Strand, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). 1. Applicant's Request 2. SUPPLEMENTAL eComment from Richard Gotthoffer (submitted 7-14-19 at 1:25pm).pdf Attachments: The Planning Commission consensus was to continue subject request to August 20, 2019 Planning Commission public hearing as requested by the applicant. 15.REPORT 19-0451 CUP 19-3- Conditional Use Permit Amendment request to modify an existing non-conforming rooftop wireless telecommunication facility by removing and relocating antennas within new screening boxes below the existing building height and upgrading equipment (AT&T Mobility) at 2447 Pacific Coast Highway, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Continued from June 2019 Public Hearing Page 7City of Hermosa Beach Draft28 July 16, 2019Planning Commission Action Minutes - Draft 1. Draft Resolution 2. Applicant's Submittal 3. PC Resolution 01-28 4. CUP 11-3 & Variance 11-2 Staff Report 5. Legal Poster and Radius Map 6. Zoning Map and Aerial Photo 7. Site Photos 8. Wireless Facilities in Public Rights-of Way Municipal Code Section 9. SUPPLEMENTAL eComment from Jay Schuster (submitted 7-12-19 at 4:11pm).pdf 10. SUPPLEMENTAL eComment from Patricia Zingheim (submitted 7-12-19 at 4:17pm).pdf 11. SUPPLEMENTAL eComment from Albro Lundy submitted 7-15-19 3:33 PM 12. Supplemental- Radio Frequency Safety Report 13. SUPPLEMENTAL Email from Jenny Wood received 7-16-19 at 4:41 PM Attachments: Commissioner Saemann recused himself due to having a financial interest within the 500' radius. Coming forward to speak: Chris Pell, Jay Schuster, Patricia Zingheim and Albro Lundy. The Planning Commission consensus was to continue this item to August 20, 2019 Planning Commission public hearing so staff can provide additional information to address Commissioners concerns. Aye:Commissioner Flaherty, Vice Chair Hoffman, Commissioner Rice, and Chairperson Pedersen 4 - Absent:0 Recused:Commissioner Saemann1 - Section IV 16. Staff Items 19-0449a.Verbal Report on City Council Actions 19-0450b.Verbal Status Report on Major Planning Projects. c.REPORT 19-0424 August 20, 2019 Planning Commission Tentative Future Agenda Items Planning Commission Tentative Agenda for 8-20-19Attachments: The Planning Commission consensus was to receive and file the August 20, 2019 Tentative Future Agenda adding the two continued items: 3411 The Strand and 2447 Pacific Coast Highway. Page 8City of Hermosa Beach Draft29 July 16, 2019Planning Commission Action Minutes - Draft d.REPORT 19-0448 Community Development Department Activity Report of April, 2019 April, 2019 Activity ReportAttachments: The Planning Commission consensus was to receive and file the April, 2019 Community Development Department activity report. 17. Commissioner Items 18. Adjournment The meeting was adjourned at 11:26 pm by Chairman Pedersen to Thursday July 18, 2019 to the joint City Council Commission Meeting at 7:00 pm. *Chapter 2.52, Section 2.52.040 of the Municipal Code provides for Council review and reconsideration of any decision of the Planning Commission by two affirmative votes at the next regularly scheduled City Council meeting. In the event the Council initiates a review, the review will be placed on a future agenda of City Council within a reasonable time period, and the Commission’s decision is stayed pending Council’s review and final decision. Page 9City of Hermosa Beach Draft30 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0524 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 SIGN REVIEW - S4 #38 Determination on whether a proposed 616 square foot display on the west wall of the building at 22 Pier Avenue is a mural, and determination that the proposed display is not a project under the California Environmental Quality Act. Applicant:Hermosa Beach Murals Project 710 Pier Avenue Hermosa Beach, CA 90254 Property Owner:22 Pier Avenue, LLC 22 Pier Avenue Hermosa Beach, CA 90254 Recommended Action: Adopt the attached resolution and determine that the proposed display covering 616 square feet of surface area on the west side of an existing building is consistent with the Hermosa Beach Municipal Code (HBMC) definition of ‘Mural’ at 22 Pier Avenue (Waterman’s), and determine that the proposed display is not a project under the California Environmental Quality Act (CEQA). Background: The subject property is located at 22 Pier Avenue (Waterman’s restaurant) on the south side of Pier Plaza, a popular venue for outdoor events and dining, connecting Downtown to the beach, pier, and The Strand. Pier Plaza is located directly north of the property, the Lighthouse Café is located east and adjacent to the building, public parking lot A is located to the south (across the alley 12th Court) and Beach Drive (an alley) is located directly to the west. The applicant proposes a 616 square foot (sq. ft.) display on the west side of the existing building facing Beach Drive. Analysis: ‘Mural’ as defined in HBMC Section 17.50.030 means a “pictorial representation not specifically identifying goods or services offered by the business on the premises”. Waterman’s restaurant is a business that offers food and beverages for customers of Hermosa Beach. The proposed display will measure 44 feet wide by 14 feet high. The mural was prepared by artist Timothy Robert Smith and the display will be the 9th mural in the Hermosa Beach Murals Project. The building wall will primed first to create a flat and smooth surface. The display will then be hand painted directly onto the west wall of the existing building by the artist. City of Hermosa Beach Printed on 2/20/2024Page 1 of 3 powered by Legistar™31 Staff Report REPORT 19-0524 The mural will celebrate many elements of Jazz and Beat counterculture as it existed in Hermosa Beach. It is designed to make viewers feel as if they can enter through a portal in time and become a part of this exciting era. Large iconic characters can be seen from the beach, luring viewers in for a closer inspection where they can try to identify all 15 hidden pieces. Everything will be painted realistically, from black & white and colored photo references, breaking the wall between past and present, evoking the feeling of being suspended in timelessness. Pursuant to HBMC Section 17.50.140.B.7, the Planning Commission may waive specific provisions of the sign ordinance relating to total sign area, coverage, height, type, and style for a display deemed to be a mural. If determined to be mural, the Planning Commission may allow the display to exceed the total 60 sq. ft. maximum sign area by an additional 556 sq. ft. and exceed the 25% maximum wall coverage along Beach Drive by occupying 39% of the wall area. The applicant has been informed and the project has been conditioned requiring that a Right-of-Way Permit be obtained from the Public Works Department and that traffic control plans be provided to the Public Works Department for review and approval in order to occupy the right-of-way while painting the display. General Plan Consistency: The project site is located within the General Plan (PLAN Hermosa) Recreational Commercial land use area and within the Downtown District which serve as the primary cultural and entertainment center for the community (residents and visitors) with events, activities, and social gatherings often occurring here” (PLAN Hermosa, Pg. 76 and 91).“The pedestrian orientation of Downtown streetscapes should be improved through provision of arts and cultural activities focused in and around the Downtown” (PLAN Hermosa Pg. 91). “The City of Hermosa Beach’s artistic past has shaped its vision and guiding principles for the future, and continues to resonate today. Public art includes artwork placed and integrated into the public realm for the community to enjoy. They provide both aesthetic and practical purposes that enhance community character and shapes identity. The public art and design in Hermosa Beach is a true reflection of the City’s name, “Hermosa”, meaning “beautiful” in Spanish. Since incorporation in 1907, the city has evolved into a vibrant and distinct beach community. The prevalence of public art and festivals contribute to the “funky” and “eclectic” character. Public art and design has played a large role in shaping the city’s identity and is appreciated by residents and visitors alike. Public art displays in Hermosa Beach often help to share the rich cultural history of the town in the form of sculptures, murals, and placards or informational displays. These more permanent and highly visible displays - such as the many murals adorning previously blank walls throughout Downtown - contribute to the beautification and aesthetic value of the community and are the result of cooperation, dedication, and commitment from many volunteers, donors, and community groups” (PLAN Hermosa Pg. 69). “The Hermosa Beach Murals Project uses the professional work of talented artists to beautify buildings throughout the city. Murals displaying Hermosa Beach’s rich history and beach culture are showcased bringing community members and visitors from all around to see them. The murals have become a destination point in the city and have educated the community while preserving its unique City of Hermosa Beach Printed on 2/20/2024Page 2 of 3 powered by Legistar™32 Staff Report REPORT 19-0524 charm” (PLAN Hermosa Pg. 69). Environmental Analysis: The proposed display is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a), because the display will be painted directly onto the west wall of the existing building, and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Conclusion: Staff finds the display is a mural because it does not directly advertise products or goods offered on the premises, but instead depicts the City’s counterculture, and enhances the pedestrian realm of the Downtown streetscapes through provision of arts. Staff recommends the Planning Commission adopt the attached resolution and determine that the proposed display is a mural and that it be allowed to exceed standards for total sign area and wall coverage pursuant to HBMC Sections 17.50.130.D.1. and 17.50.130.D.4., and determine that the proposed display is not a project under the California Environmental Quality Act (CEQA). Attachments: 1.Proposed Resolution 2.Applicant Submittal 3.Notice Poster Verification Respectfully Submitted by: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 3 of 3 powered by Legistar™33 1 P.C. Resolution 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THE PROPOSED 616 SQUARE FOOT DISPLAY ON THE WEST WALL OF THE EXISTING BUILDING AT 22 PIER AVENUE IS A MURAL AND DETERMINING THE PROPOSED DISPLAY IS NOT A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on August 5, 2019 by the Hermosa Beach Murals Project, seeking determination of whether the proposed display covering 616 square feet of the west side of an existing building is consistent with the Hermosa Beach Municipal Code (HBMC) definition of ‘Mural’ for the building located at 22 Pier Avenue. Section 2. HBMC Section 17.50.030 defines a mural as “a pictorial representation not specifically identifying goods or services offered by the business on the premises”. Section 3. The Planning Commission at its public meeting of August 20, 2019 considered testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 4. The proposed display is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a), because the building wall will be primed to create a flat and smooth surface, then the mural will be hand painted directly onto the west wall of the existing building, and the mural will not result in a direct or reasonably foreseeable indirect physical change in the environment. Section 5. Based on the evidence received at the public meeting, the Planning Commission makes the following findings: 1. The display meets the definition of a mural as set forth in HBMC Section 17.50.030, because the business on the premises, Waterman’s restaurant, is a business that offers food and beverages for customers of Hermosa Beach, and the proposed display, a pictorial representation of Hermosa Beach’s counterculture, does not specifically identify goods or services offered by the business on the premises. 2. Pursuant to HBMC Section 17.50.130.B, it is appropriate to waive the specific provisions of the sign code pertaining to sign area, coverage, height, type and style for the 616 sq. ft. mural display because the display meets the definition of a mural. Therefore, the proposed display will measure 44 feet wide by 14 feet high and the display is authorized to exceed the total 60 sq. ft. maximum sign area by an additional 556 sq. ft. and exceed the 25% maximum wall coverage along Beach 34 2 Drive by occupying 39% of the wall area. Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 19-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of August 20, 2019. David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 35 36 37 38 Notice Poster Verification 39 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0535 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 PDP 19-2 and PARK 19-2 -- Precise Development Plan and Parking Plan to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single- family residence which will be converted to an additional unit and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Applicant/Owner:B&J Capital Group Investments 414 Torrance Boulevard Redondo Beach, CA 90277 Recommended Action: Adopt the attached resolutions approving Precise Development Plan 19-2 and Parking Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot (sq. ft.) commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit, and Parking Plan 19-2 to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adopt the Mitigated Negative Declaration. Alternatively, the Planning Commission may deny the project and adopt the attached denial resolution. Background: ZONING:Restricted Commercial (C-2) GENERAL PLAN:Community Commercial USES EXISTING/PROPOSED:Single-family residence/ six-unit motel LOT SIZE:4,023 sq. ft. TOTAL GROSS FLOOR AREA:1,841 sq. ft. (existing to remain) and proposed 2,744 sq. ft. (addition) totaling 4,585 sq. ft. PARKING SPACES: REQUIRED:6 parking spaces PROPOSED:4 on-site parking spaces (fees paid in lieu of 2 spaces) & 2 neighborhood City of Hermosa Beach Printed on 2/20/2024Page 1 of 11 powered by Legistar™40 Staff Report REPORT 19-0535 electric vehicles ENVIRONMENTAL DETERMINATION:Adoption of the Mitigated Negative Declaration will reduce potential impacts to a less than significant level. The subject site at 70 10th Street is located within the Downtown District, south of Pier Plaza, and on the southwest corner of Hermosa Avenue and 10th Street. The site is located within the Restricted Commercial (C-2) zoning district with a Community Commercial General Plan land use designation. The 4,023 sq. ft. lot houses an approximately 1,840 sq. ft. two-story single-family residence and contains one parking space which is accessed from the alley to the south (10th Court). Two residential units are located immediately west of the subject property at 64 10th Street and 69 10th Court, The adjacent residences are located within the C-2 zoning district, and as such, are legal nonconforming uses. A mixture of commercial uses are located north (across 10th Street), east (across Hermosa Avenue) and south (across 10th Court) of the subject site. Commercial uses in the vicinity consist of general and medical office, retail and restaurant uses. The original project reviewed and considered by the Commission at their July 17, 2018 meeting was for a request to construct a new three-story, detached, 2,744 square foot commercial building with ground floor retail and second and third floor office space while preserving in place and converting the existing 1,841 square foot single-family use to a single-unit motel. The project required 12 parking spaces. The project was denied during their August 1, 2018 meeting. As such, the applicants considered the Commission’s feedback and revised the project uses and reduced the amount of required parking spaces. At their June 18, 2019 meeting the Planning Commission considered the request to allow a six-unit motel project by constructing a new three- story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence, proposed to be converted to an additional unit with a 212 square foot ancillary registration office, and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot. To avoid adverse impacts to both the historic integrity of the existing structure as well as the ability of the collection of bungalows to maintain eligibility for designation as a historic district, no physical changes were proposed to the structure, and the structure was proposed to be adaptively re-used as one of the motel units. After hearing public comments and deliberation the Commission expressed continued concerns with anticipated parking impacts by not providing enough parking spaces on-site for the motel use and ancillary registration office while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The Commission continued the item to a later date and requested the applicant work on a design solution that would provide additional parking spaces or reduce the number of units thereby reducing the number of parking spaces required. Analysis: The applicants met with staff to discuss options and alternatives and assessed the site for any ways to provide additional parking spaces on-site. After extensive efforts, it was agreed that no additional parking spaces may be added to the site without involving: City of Hermosa Beach Printed on 2/20/2024Page 2 of 11 powered by Legistar™41 Staff Report REPORT 19-0535 1.Loss of the 1st floor motel unit thereby gaining one additional tandem parking space and reducing the number of units to 5 (requiring 1 parking space in-lieu) and architectural and building/access plan revisions, re-review by the historic consultant, revisions to the Mitigated Negative Declaration and re-consultation with tribes. The applicants are not agreeable to loss of any units. Or, 2.Removal of a portion of or a full demolition of the existing front building which would require preparation of an Environmental Impact Report (EIR) due to resulting significant unavoidable impacts to the historic structure and an amendment to the Historical Resources Report; or 3.Providing an additional driveway to the site which would result in loss of public metered street parking spaces. Vehicle lifts were considered but are not a City code recognized method of providing required parking. As stated by the Commission and staff agrees, that vehicle lifts would not be appropriate for the motel use since vehicle lifts are, in effect, vertical tandem spaces instead of horizontal tandem spaces which results in similar vehicle coordination and staging impacts. The property is also not large enough to provide a driveway ramp leading to underground parking. Underground parking facilities require a minimum vertical clearance of seven feet. The maximum driveway slope is 12.5% with up to 20% if 8-foot transitions are provided on either side of the driveway. A driveway with the maximum slope permitted would not provide sufficient vertical clearance or provide drivers the ability to maneuver (back-up) and turn around an underground parking facility. Therefore, this option is not feasible. The project site is also a corner lot surrounded by public metered street parking spaces and in the Coastal Zone making vehicle access options limited. There is currently a non-conforming driveway approach at the northwest of the lot that extends between the subject property and the property to the west. However, the clear width dimension from the west property line to the west wall of the existing structure is 7-foot 2 ½ inches which is insufficient width for a standard or compact parking space (requiring 8’6” to 7’6” in stall width). In addition, the applicants agreed to install a property line wall as requested by the property owner to the west that would further reduce the available space by an additional 8” leaving 6-foot 6 ½ inches clear to park. The site provides vehicle access from the 20-foot wide alley, 10th Court. However, with the existing structure and due to the 42 foot 4 inch lot width and 51-foot depth from the rear (south) property line to the back of the existing structure only five (5) parking spaces can be provided on-site (with 2 spaces in tandem and 1 space as the required van accessible ADA space). The 17-foot wide required van accessible (ADA) parking space and path, and wider (9’6”) parking stalls needed to meet back- up/turning radius requirements on the narrow 20-foot alley only leaves space for two standard parking spaces side-by-side. Parking spaces must measure 18 feet in depth therefore only two vehicles may be stacked in tandem. The van accessible parking space cannot be located in tandem with another parking space. In order to gain one (1) additional on-site parking space the 1st floor pedestrian oriented motel unit must be removed, thereby reducing the number of units to 5 (requiring 1 parking space in-lieu). The project would then require architectural and building/access plan revisions, re-review by the historic City of Hermosa Beach Printed on 2/20/2024Page 3 of 11 powered by Legistar™42 Staff Report REPORT 19-0535 consultant, revisions to the Mitigated Negative Declaration and re-consultation with tribes. Staff and the applicant also analyzed the option of converting the existing structure to the lowest parking intensive use with no building at the rear of the lot. If the existing 1,841 square foot structure were to be converted to any of the least parking intensive commercial uses such as general office, retail and personal service uses (requiring 1 parking space per 250 square feet) and factoring in the required van accessible ADA parking space and use of tandem parking, seven (7) parking spaces would be required (with 1 of the spaces being the van accessible ADA space) which cannot be located in tandem. Only five (5) parking spaces can be provided on-site (with 1 of the spaces being the can accessible ADA space). Therefore, to simply convert the existing structure to the lowest parking intensity commercial use would require payment of two (2) parking spaces in-lieu and tandem parking which both require approval of a Parking Plan. The currently proposed project requires six (6) parking spaces (1 parking space per motel unit) and four (4) spaces would be provided on-site and two (2) spaces would be paid in-lieu. The applicants agreed that there would be a benefit in preserving the historic structure which would maintain the charm and scale of the 10th Street frontage and historic district as opposed to construction of a new 30-foot high commercial building along the 10th Street and Hermosa Avenue frontages which can be seen on properties to the north and east of the subject lot. The project the applicants are proposing provides a motel unit on the Hermosa Avenue pedestrian frontage as opposed to a parking lot which conflicts with the City’s General Plan policies (Land Use Goal 4 Policy 4.10, Goal 5, Goal 6 Policies 6.6 and 6.7 to eliminate garage dominated building facades, and 6.10) and the project requires the same amount of parking spaces in-lieu as would be required to convert the existing structure to general commercial uses such as office, retail or personal service uses. Without a Parking Plan for use of tandem or payment of parking space in-lieu only three (3) parking spaces could be provided on-site (1 of which would be the required van accessible ADA space). With three (3) parking spaces only 750 square feet of the existing 1,841 square foot structure could be used. Therefore, either a substantial portion of the structure (1,091 sq. ft.) would need to be demolished (also requiring further historic and environmental analysis) or a portion of the structure would need to be deactivated. After the above analysis and considerations the applicants decided to maintain the previously proposed site layout and physical building design and number of motel units due to significant time and finances invested into the current design. An alteration to the site layout and building would require re-review by the City’s historic consultant, an amendment to the Historical Resources Report, revisions to the Mitigated Negative Declaration and/or possible EIR and additional design and plan preparation costs and time. Therefore, the applicants have decided to propose the following supplemental operational adjustments and alternative parking/vehicle options due to the site constraints. 1.Green Solutions: a.Provide parking spaces for two (2) on-site neighborhood electric vehicles (golf carts) with one neighborhood electric vehicle provided for motel guests, utilizing dedicated space at the northwest corner of the property, next to the historic structure which is too City of Hermosa Beach Printed on 2/20/2024Page 4 of 11 powered by Legistar™43 Staff Report REPORT 19-0535 narrow for a standard or compact parking space. b.Condition the project to require that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free). c.Provide discounts for all occupants of boutique inn that are vehicle free. In addition to the newly proposed green solutions above, the applicants will continue to provide an electric vehicle charging station and a bicycle rack. The project is conditioned to require a bicycle rack for at least eight (8) bicycles be maintained on-site at all times and that a minimum of four (4) shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. 2.Eliminate Ancillary Registration Office/Concierge Services and Provide Alternative Cleaning Solutions a.Utilize local real estate broker and property management firm. The applicants have consulted and confirmed with two local real estate broker/property management firms located within three blocks of the property to provide service to guests and resolve any issues as needed. b.Through eliminating the ancillary registration office/concierge services there will no longer be an employee occupying a parking space. c.The applicants identified two local cleaning services that offer drop off and pick up of cleaning staff. d.Condition the project to require keyless entry for all rooms (see information from Starwood/Marriott). The applicants request that the project be approved with conditions and operational procedures as set forth above. Despite the applicant’s inability to directly satisfy the Planning Commission’s request to provide additional parking, staff believes that the items outlined above will enhance the project and will help manage parking, incentive use of ride share options (Uber, Lyft) and active transportation options such as bicycles and that the project results in sufficient parking with less potential to result in parking impacts. In addition to the parking options and alternatives assessed above, staff also worked with the applicants to assess the following considerations which include the following: 1.Request for a Variance: Not a viable option due to the four required Variance findings being based upon lot/property constraints and there being exceptional circumstances applicable to the property involved. The property consists of a flat lot which is regular in shape and is comparable in size to other downtown commercial lots. 2.Request for a Zone Change and Land Use Change from commercial to residential use: Staff confirmed through prior zoning maps and zoning codes that the property was never rezoned from a residential to commercial zone. Instead, the prior commercial zoning allowed residential uses on commercially zoned property. For example, in 1943 the entire 10th Street block was zoned C-3 which allowed any use permitted in zones R1, R2, R-3, R-4 or C-2 in addition to various commercial uses. Our current zoning code prohibits newly established residential City of Hermosa Beach Printed on 2/20/2024Page 5 of 11 powered by Legistar™44 Staff Report REPORT 19-0535 uses on C-2 zoned lots. Not a viable option for the following reasons: ·The City’s recently adopted General Plan designates the property as Recreational Commercial and intends to preserve commercial land area. Therefore, a request to change the use of the property to commercial would be inconsistent with the City’s General Plan. ·A Zone Change and Land Use change would result in spot zoning and would create an apparent break or disconnect between commercial properties which run the length of the west side of Hermosa Avenue between16th Court to 9th Court. ** If a Zone Change and Land Use Change were approved then the property would be re-zoned to R-2 Two-Family Residential which would permit two residential dwelling units and would require a minimum of five parking spaces (2 standard spaces per unit and 1 guest space for every two units) plus replacement parking on-site for any loss of street parking resulting. The project would require a PDP, CUP and Map and the demolition of the front historic structure would require preparation of a focused EIR. 3.Request to demolish, add to or raise the front historic structure would require preparation of a focused EIR and the City Council would need to make a finding of overriding considerations that the demolition and/or modification of the historic structure provides more benefit to the community than preserving it. The California Coastal Commission must review and approve the project prior to the City issuing a building permit. The California Coastal Commission additionally reviews the project for CEQA compliance and would also assess impacts to the historic structure. 4.Request for mixed use development: Not a viable option pursuant to HBMC Section 17.52.050 which states that while a nonconforming use (residential use) exists on any lot, and it is the only use on the lot, no new use (such as office, retail, motel, etc.) may be established thereon even though such other use would be a conforming use. In addition, pursuant to HBMC Section 17.52.020 when a nonconforming use is vacated or discontinued for 90 consecutive days or more, the nonconforming use will be deemed abandoned, and any future use of such building shall comply with the code. In addition to the above application considerations the applicants and staff worked with the City Building Official and accounted for the following California Building Code (CBC) requirements: 1.The CBC requires that 1 van accessible parking space be provided for every 25 required parking spaces. The van accessible parking space cannot be shared/ utilized by non-handicap vehicles cannot be placed off-site and cannot be provided in tandem. 2.All new construction must comply with current building codes in regards to seismic improvements. Therefore, the front historic structure would be exempt from seismic improvements. 3.All rooms and buildings which have common areas which would be accessed by the general public must meet current ADA codes (CBD Chapter 11). Since the front historic structure does not have common areas such as a registration hall, lobby, food or vending area, the front structure and rooms are exempt from ADA codes (CBD Chapter 11). 4.Energy codes will apply to all new systems or building upgrades the applicants undertake including new lighting, heating and cooling, and similar systems. City of Hermosa Beach Printed on 2/20/2024Page 6 of 11 powered by Legistar™45 Staff Report REPORT 19-0535 Precise Development Plan and Parking Plan Considerations Staff previously analyzed the project for consistency with the Precise Development Plan (PDP) criteria and Parking Plan considerations in the June 18, 2019 staff report (attached below) and staff’s recommendation remains the same. PDP criteria 2 has been revised below based on the updated project proposal along with the Parking Plan analysis section. 2. The amount of existing or proposed off-street parking in relation to actual need:HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings, and other methods of reducing parking demand. The applicants request to allow for a reduction in the number of spaces require through payment of parking spaces in-lieu and for use of tandem parking spaces. Motels require one space for each unit. The proposed project consists of six motel units which require a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.14, therefore, a minimum of 2 parking spaces (25% of 6 spaces) must be provided on-site. The proposal complies with code and includes 4 parking spaces on-site with 2 in-lieu spaces requested. The City, through an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), has an approved parking in-lieu fee program. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on-site. The fee was established by resolution of the City Council and was based on an appraisal completed in July 2006. The in-lieu funds are used to mitigate increased parking demand and funds can be used for future improvements to the City’s public parking. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. Currently 66 in-lieu parking spaces have been approved by the City to date. If the applicant’s request to purchase 2 in-lieu spaces is approved, the City’s inventory of available in-lieu spaces will be reduced to 32. Once the City reaches the 100 space threshold additional parking must be constructed or, no additional in-lieu parking may be authorized. A Parking Plan is requested to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces. To provide some context in considering the request for approval of 2 in-lieu spaces, the following is a list of the largest in-lieu parking requests approved by the City to date. The current inventory of all City-approved in-lieu parking spaces is attached to the June 18th staff report. City of Hermosa Beach Printed on 2/20/2024Page 7 of 11 powered by Legistar™46 Staff Report REPORT 19-0535 ●20 spaces at 1301 Hermosa Avenue; ●16 spaces at 906-910 Hermosa Avenue; ●13 spaces at Pier Plaza; ●7 spaces at 1429 Hermosa Avenue; ●5 spaces at 51 Pier Avenue; and ●5 spaces at 117 Pier Avenue. The property is located within the Downtown District where the General Plan emphasizes and supports the following parking design goals: A park-once district that allows centralized,shared parking facilities providing pedestrian connections at multiple destinations; and parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. General Plan Mobility Goal 4 aims to provide innovative parking supply solutions which will be used to provide a variety of services tailored to different users in addition to adopting policies that will incentivize targeted business and commercial development of shared parking solutions. Policy 4.1 aims to facilitate park-once and shared parking policies among private developments that contribute to a shared parking supply and interconnect with adjacent parking facilities. Additionally, a bicycle rack accommodating eight bicycles is proposed to be located near the southeast corner of the existing structure. The project is conditioned to require that a bicycle rack, for at least eight (8) bicycles, be maintained on-site at all times and that a minimum of four (4) shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. The applicants additionally propose to provide green solutions which include providing two (2) on-site neighborhood electric vehicles (golf carts) at the northwest corner of the property, requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free) and that discounts be provided for all occupants of the boutique inn that are vehicle free. The applicants are also proposing to eliminate and replace the ancillary registration office/concierge room with the room serving as additional living room area and to provide alternative cleaning solutions. The applicants propose to utilize a local real estate broker and property management firm and the applicants have consulted and confirmed with two local real estate broker/property management firms located within three blocks of the property to provide service to guests and resolve any issues as needed. Through eliminating the ancillary registration office/concierge services there will no longer be an employee occupying a parking space. In addition, the applicants identified two local cleaning services that offer drop off and pick up of cleaning staff thereby making on-site spaces available to motel guests. The applicants also propose that the motel require keyless entry for all rooms. Peak parking demand for hotel/motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily. Motel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public City of Hermosa Beach Printed on 2/20/2024Page 8 of 11 powered by Legistar™47 Staff Report REPORT 19-0535 surface parking lot, which contains 130 parking spaces, is located approximately 1 block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13 th Court; between Hermosa Avenue and Beach Drive, and is approximately two and a half blocks (750 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. Pursuant to HBMC Section 17.58.030.C. Criteria for Denial, denial of a PDP is appropriate when: 1. The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding vicinity, and there are no known conditions of approval which can be imposed that could resolve such problems; 2. The proposed development would have significant environmental adverse impacts which are not mitigable, and where the finding of overriding considerations cannot be made. Staff believes that the proposed project design, which preserves the historic structure as a motel unit and maintains the charm and scale along the 10th Street frontage and historic district, and construction of a detached five-unit three-story motel building with a ground floor pedestrian oriented frontage provides visitor accommodations to Hermosa Beach and does not detract from the use or enjoyment of property in the vicinity. The development is consistent and complimentary to the surrounding area and mixture or residential and commercial uses. The project meets and exceeds code and the applicants have incorporated measures such as green solutions and elimination of the ancillary registration office while providing off-site property management services and cleaning services with drop off and pick up only to additionally ensure compatibility and to mitigate parking concerns. The project has been appropriately conditioned and designed to ensure a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives, and to protect existing and potential developments, and uses on adjacent and surrounding property. Therefore, the project is not anticipated to substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area. In addition, the proposed project has undergone comprehensive environmental review through preparation of a Mitigated Negative Declaration and Historical Resources Report and the project has been conditioned to mitigate potential vibration impacts to the adjacent property. As designed and conditioned the project mitigates any significant environmental adverse impacts. Parking Plan HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required through payment of parking spaces in-lieu and for use of tandem parking spaces. Motels require one space for each unit. The proposed project will consist of six motel units which requires a total of six parking spaces. City of Hermosa Beach Printed on 2/20/2024Page 9 of 11 powered by Legistar™48 Staff Report REPORT 19-0535 Alternative transportation options for motel occupants which may provide parking relief, include ride sharing services (Uber and Lyft) and bus lines 130 and 109 which have stops along Hermosa Avenue. The Parking Analysis conducted for the proposed Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20, 30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel (containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a large portion of motel guests may arrive via Uber/Lyft. A link to the City’s Downtown Rideshare Zones is attached and contains additional information. The environmental determination and General Plan consistency analysis and findings remain substantially the same as provided in the June 18, 2019 report. The resolution findings have been updated to reflect the updated project and conditions of approval have been added to reflect the current proposal and to ensure compatibility with the surrounding area and to mitigate parking concerns. Summary: Based on the analysis above, staff finds that the revised project which proposed 6 motel units with 4 on-site tandem parking spaces, an ADA parking space and 2 neighborhood electric vehicle (golf cart) spaces, bicycle racks and supplied bicycles and payment of 2 parking spaces in-lieu, while removing the ancillary registration office and providing off-site management services in addition to green solutions and pick-up and drop off cleaning services responds to and addresses the Commission’s concerns expressed at their July 17, 2018 meeting that led to the previous project being denied and at their June 18, 2019 meeting which lead to the item being continued. The proposed Precise Development Plan 19-2 and Parking Plan 19-2, as conditioned, are consistent with applicable sections of the Hermosa Beach Municipal Code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolutions approving the PDP and Parking Plan and adopting the Mitigated Negative Declaration. Attachments: 1.Applicant Letter 2.Exhibit of Site Parking and Vehicle Access Constraints 3.Link to the June 18, 2019 Staff Report and Attachments including plans <http://hermosabeach.legistar1. 4.Draft Resolution of Approval for Proposed Precise Development Plan 5.Draft Resolution of Approval for Proposed Parking Plan 6.Draft Denial Resolution for Proposed PDP and Parking Plan 7.PC Reso 18-23 Denying Prior 70 10th Street Project 8.Public Notification 500 Foot Radius Map 9.Public Notification Legal Posters 10.Public Comment Letter- Carol James Respectfully Submitted by: Nicole Ellis, Associate Planner City of Hermosa Beach Printed on 2/20/2024Page 10 of 11 powered by Legistar™49 Staff Report REPORT 19-0535 Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 11 of 11 powered by Legistar™50 Addendum to Planning Application for 70 10th Street, Hermosa Beach Narrative of revisions based on continuance of Planning Submittal dated March 19, 2019. The property owner is submitting the same site layout and physical building design that was reviewed and approved by the City’s historical consultant Page & Turnbull and was determined to preserve and not negatively impact a contributor to the historic district. Additionally, our team considered the Commission’s feedback and believe we have come up with solutions to assist in mitigating parking concerns. Due to the size of the existing structure of approximately 1841 square feet, simply converting the existing building to any of the least parking intensive commercial uses such as a general office, retail and personal service uses (requiring 1 parking space per 250 square feet (factoring in ADA parking and tandem use) would require 7 required parking spaces ( 1 of which must be a van accessible ADA space) which cannot be located in tandem and occupies approximately 2 parking spaces width due to the accessible path. Only 5 parking spaces can be provided on-site with 1 of the spaces being the required ADA space. Therefore, 2 spaces would have to be paid in-lieu). Also, a Parking Plan would be required for tandem and in-lieu to just convert the building to a general commercial use. The proposed project requires 6 parking spaces (4 of which would be provided on-site and 2 would be paid in-lieu. The project we are submitting requires less parking spaces then the existing structure would require if converted to the lowest intensity general commercial uses. Without a Parking Plan for use of tandem or in-lieu only 3 parking spaces could be provided on-site (1 of which would be the required ADA space). With 3 parking spaces only 750 square feet of the existing 1841 square foot structure could be used therefore, either 1,091 square feet would need to be deactivated or demolished. Methods of providing parking for the boutique inn has been the major hurdle for the Planning Commission to approve this project. The property owners have consulted with multiple different consultants on proven ideas with local statistics from a recent EIR study in Hermosa Beach. The following are our recommended proposals to address the concerns about parking. GREEN SOLUTIONS: Solutions to resolve parking concerns are as follows: A) Introduction of green living solutions: 1) The project can be conditioned to require two vehicle free units whenever the property is more than 65% occupied (4 units with vehicles, 2 units vehicle free). 2) Provide discounts for all occupants of boutique inn that are vehicle free B) Provide four (4) Bicycles for guests along with an eight (8) stall bicycle rack C) Provide one (1) onsite neighborhood electric vehicle (cart), utilizing dedicated space on the northwest side of the property, next to the historical structure which is too narrow for a standard or compact parking space. D) Provide electrical vehicle charging station. ELIMINATE CONCIERGE SERVICES and CLEANING SOLUTIONS 51 - Utilize local real estate broker and property management firm. We have confirmed with two local real estate broker/property management firms located within 3 blocks of the property. - By eliminating concierge services, we are eliminating the need to occupy a parking space for a full time employee while still giving maximum service to our guests and resolve any issues as needed. - Identified two local experienced cleaning services that offer drop off and pick up of cleaning staff. - Establish keyless entry for all rooms (see information from Starwood/Marriott). We request that the project be approved with conditions set forth above. 52 53 Page 1 – Precise Development Plan 19-2 P.C. RESOLUTION 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO ALLOW A SIX-UNIT MOTEL PROJECT BY CONSTRUCTING A NEW THREE-STORY, DETACHED 2,744 SQUARE FOOT COMMERCIAL BUILDING CONTAINING FIVE UNITS, TO BE CONSTRUCTED BEHIND THE EXISTING 1,841 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH WILL BE CONVERTED TO AN ADDITIONAL UNIT, AND A PARKING PLAN TO ALLOW THE 6-SPACE PARKING REQUIREMENT TO BE MET WITH 4 ON-SITE SPACES (INCLUDING 1 TANDEM SPACE) PLUS FEES IN LIEU FOR 2 SPACES, ON A 4,023 SQUARE FOOT LOT IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 70 10TH STREET; AND ADOPTING THE MITIGATED NEGATIVE DECLARATION. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by B&J Capital Investments on March 21, 2016, seeking approval of Precise Development Plan 16-7 and Parking Plan 16-2 to allow a new three-story, detached 2,744 square foot commercial building with ground floor retail and second and third floor office space, to be constructed behind the existing 1,841 square foot single-family residence which was proposed to be converted to a single-unit motel, and Parking Plan to allow the 12-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in-lieu for 8 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on July 17, 2018 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. During their August 1, 2018 meeting the project was denied with a 5:0 vote. The Commission expressed concerns with unknown office and retail tenants, renting out the front residence for short term vacation use, and anticipated parking impacts by not providing enough parking spaces on-site for the combination of uses while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The project proposed to provide 4 out of the 12 required parking spaces on-site (33% provided on-site). Section 3. The applicants considered the Commission’s feedback and revised the project uses and reduced the amount of required parking spaces. An application was filed on March 21, 2019, requesting approval of Precise Development Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit with a 212 square foot ancillary registration office, and a Parking Plan 19-2 to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. The new project proposes to provide 4 out of 6 required parking spaces on-site (67% provided on-site) thereby reducing the required amount of in-lieu spaces by 71% by changing the uses from retail and office to motel. 54 Page 2 – Precise Development Plan 19-2 Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application on June 18, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission expressed continued concerns with anticipated parking impacts by not providing enough parking spaces on-site for the motel use and ancillary registration office while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The Commission continued the item to a later date and requested the applicant work on a design solution that would provide additional parking spaces or reduce the number of units thereby reducing the number of parking spaces required. Section 5. The applicant decided to maintain the previously proposed site layout and physical building design and number of motel units while removing and replacing the ancillary registration office/concierge service with the room serving as additional living room area, providing off-site property management services and pick up and drop off cleaning services, requiring all units be keyless entry, providing two parking spaces for neighborhood electric vehicles (with one vehicle provided for motel guests), providing discounts to motel quests who are vehicle free and requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free). The Planning Commission conducted a duly noticed public hearing to consider the revised application on August 20, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 6. Pursuant to the California Environmental Quality Act, the City prepared a Mitigated Negative Declaration (MND) for the proposed project. The MND identified that potential impacts related to generation of excessive groundborne vibration or groundborne noise levels were potentially significant, but this impact was determined to be less than significant with a measure to ensure that vibration levels would be reduced if they reach a certain level and standard conditions of approval for this project. On May 23, 2019 a notice of intent to adopt a Mitigated Negative Declaration (filing number 2019144257) was recorded and published online on the Los Angeles County Clerk CEQA Notice page and notice to the public was provided on the City’s website the same day. The 20 day public review period began on May 25, 2019 and ended on June 6, 2019. No comments were received. A public hearing was held at the time of the Planning Commission’s consideration of the request on June 18, 2019 and August 20, 2019. The use of heavy construction equipment has the potential to exceed allowable groundborne vibration levels. The adjacent residence to the west at 64 10th Street is a beach cottage constructed in 1914. Because of the age and historic significance of the existing structure on site and the adjacent structure, these nearby structures must be considered especially sensitive to vibration impacts. The proposed Mitigated Negative Declaration includes a monitoring and vibration reduction measure indicating, “During the periods of site preparation when heavy equipment (such as a 315 excavator and 953 track loader, or similar) will be in use, vibration levels at site’s western property line adjacent to the neighboring residential structure at 64 10th Street and at or near the southern foundation of the historic resource on site will be monitored by an acoustic engineer. The monitoring shall be performed by a registered engineer of INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 001 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Director in the form of a memorandum prepared by the acoustic engineer in a timely manner.” 55 Page 3 – Precise Development Plan 19-2 A condition of approval is also included which provides specificity on how this mitigation measure must be implemented stating that “Prior to issuance of any type of construction-related permits, the developer shall provide evidence that a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring has been hired, and that the scope of work and frequency/availability of the engineer is adequate, to the satisfaction of the Community Development Director.” The Mitigated Negative Declaration prepared for this project reflects the City’s independent judgment and analysis. The Planning Commission finds that, with implementation of the above-referenced measure which is hereby included as a condition of approval, there is no substantial evidence that the project would have a significant impact on the environment and finds the Initial Study and Mitigated Negative Declaration adequate and complete. The Planning Commission hereby adopts the Mitigated Negative Declaration. The record of proceedings for this MND are maintained in the Hermosa Beach Community Development Department 1315 Valley Drive, Hermosa Beach CA 90254. On May 13, 2019 the City provided a courtesy notification letter to the Gabrieleno Band of Mission Indians – Kizh Nation Tribe advising them of the revised project at 70 10th Street. The only change to the project previously considered by the Tribe was to the project uses (from the previously proposed office and retail uses to the current proposed motel use). The construction activities and building and site design will be no different. On July 1, 2019 the Tribe agreed with concluding the consultation process for the revised project at 70 10th Street because they consulted on the initial 70 10th Street project and there is minimal change to the project uses (from the previously proposed office and retail uses to the current proposed motel use) and because the construction activities and building and site design will be no different. Section 7. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for the Precise Development Plan pursuant to H.B.M.C. Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects: Two residential units are located immediately west of the subject property. The rear residence (69 10th Court) is located at the subject property’s west property line and the front residence (64 10th Street) is located approximately three feet from the subject property’s west property line. The proposed building is designed with the motel guest entrance/exits and covered walkways located along the east side of the building (Hermosa Avenue frontage) which are oriented away from nearby residential uses, and vehicular access is provided from 10th Court. Motels are permitted by right within the C-2 zone and all noise from the motel use operations will be contained within the fully enclosed building. Pursuant to HBMC Section 8.24.040, the City’s Noise Ordinance restricts commercial activities that are plainly audible from a residential dwelling unit’s property line from 10:00 p.m. to 8:00 a.m. daily. Lighting will be installed around the building and is required to be downcast so to not disturb neighboring residential uses. The project is conditioned to require lighting be downcast and be non-disruptive to nearby uses. Lighting shall conform to HBMC Section 17.44.160(C). The existing single-family 1911 bungalow structure will be adaptively re-used as one of the motel units, and to maintain the historic integrity of the structure, no physical changes are proposed. The majority of the motel use will be conducted indoors, with the exception of the front porch which will be available to the guests of the motel’s single unit. The interior of the structure is being converted from three bedrooms to two bedrooms and the previously proposed 212 square foot ancillary 56 Page 4 – Precise Development Plan 19-2 registration office on the first floor will now be used as additional living room area. An off-site property management company will assist with concierge services and tenant check in and checkout. Daily cleaning services will be provided by an outside cleaning service whose employees will be dropped off and picked up. The motel units will be "smart units" where the renters will be able to access information and pay online. All units will be keyless entry. Therefore, negative impacts to existing residential uses are not anticipated. 2. The amount of existing or proposed off-street parking in relation to actual need: HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings, and other methods of reducing parking demand. The applicants request to allow for a reduction in the number of spaces require through payment of parking spaces in-lieu and for use of tandem parking spaces. Motels require one space for each unit. The proposed project consists of six motel units which require a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.14, therefore, a minimum of 2 parking spaces (25% of 6 spaces) must be provided on-site. The proposal complies with code and includes 4 parking spaces on-site with 2 in-lieu spaces requested. The City, through an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), has an approved parking in-lieu fee program. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on-site. The fee was established by resolution of the City Council and was based on an appraisal completed in July 2006. The in-lieu funds are used to mitigate increased parking demand and funds can be used for future improvements to the City’s public parking. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. Currently 66 in-lieu parking spaces have been approved by the City to date. If the applicant’s request to purchase 2 in-lieu spaces is approved, the City’s inventory of available in-lieu spaces will be reduced to 32. Once the City reaches the 100 space threshold additional parking must be constructed or, no additional in-lieu parking may be authorized. A Parking Plan is requested to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces. To provide some context in considering the request for approval of 2 in-lieu spaces, the following is a list of the largest in-lieu parking requests approved by the City to date. ● 20 spaces at 1301 Hermosa Avenue; ● 16 spaces at 906-910 Hermosa Avenue; ● 13 spaces at Pier Plaza; 57 Page 5 – Precise Development Plan 19-2 ● 7 spaces at 1429 Hermosa Avenue; ● 5 spaces at 51 Pier Avenue; and ● 5 spaces at 117 Pier Avenue. The property is located within the Downtown District where the General Plan emphasizes and supports the following parking design goals: A park-once district that allows centralized, shared parking facilities providing pedestrian connections at multiple destinations; and parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. General Plan Mobility Goal 4 aims to provide innovative parking supply solutions which will be used to provide a variety of services tailored to different users in addition to adopting policies that will incentivize targeted business and commercial development of shared parking solutions. Policy 4.1 aims to facilitate park-once and shared parking policies among private developments that contribute to a shared parking supply and interconnect with adjacent parking facilities. Additionally, a bicycle rack accommodating eight bicycles will be located near the southeast corner of the existing structure. The project is conditioned to require that a bicycle rack, for at least eight (8) bicycles, be maintained on-site at all times and that a minimum of four (4) shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. The applicants additionally propose to provide green solutions which include providing parking spaces for two (2) neighborhood electric vehicles (golf carts) at the northwest corner of the property with one vehicle provided on-site for motel guests, requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free) and that discounts be provided for all occupants of the boutique inn that are vehicle free. The applicants propose to eliminate and replace the ancillary registration office/concierge room with additional living room area and to provide alternative cleaning solutions. The applicants propose to utilize a local real estate broker and property management firm and the applicants have consulted and confirmed with two local real estate broker/property management firms located within three blocks of the property to provide service to guests and resolve any issues as needed. Through eliminating the ancillary registration office/concierge services there will no longer be an employee occupying a parking space. In addition, the applicants identified two local cleaning services that offer drop off and pick up of cleaning staff thereby making on-site spaces available to motel guests. The applicants also propose that the motel require keyless entry for all rooms. Peak parking demand for hotel/motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily. Motel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located approximately 1 block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two and a half blocks (750 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking 58 Page 6 – Precise Development Plan 19-2 spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. 3. The combination of uses proposed, as they relate to compatibility: The subject site will contain a total of six motel units. The single-family residence will be converted to one of the motel units. Motels are permitted by right within the C-2 zone, and all noise from the motel use operations will be contained within the fully enclosed building. The on-site motel use is consistent with the surrounding mixture of commercial uses such as general and medical office, retail and restaurant uses. Therefore, adverse impacts are not anticipated. 4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area: The project will not introduce any hazards to mobility, as alterations to the surrounding streets are not proposed and the project’s proposed modifications will not impact emergency access to the site. Emergency access and fire lanes and ingress and egress points will be maintained in full compliance with the Building and Safety Code and Fire Code. The project does not propose any features or modifications to existing circulation facilities that would have the potential to conflict with transportation/mobility plans. Additional peak hour trips generated by the proposed project are expected to be two additional trips during a.m. and p.m. peak hours which is well below the standard threshold of significance of 50 trips during a peak hour, indicating the project does not have the potential to result in significant impacts related to the capacity of local or regional roads or intersections. Therefore, adverse impacts are not anticipated. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The new commercial building will be detached and located approximately six feet behind the existing on-site single-family residence. In doing so, the project will preserve the small scale character as viewed from 10th Street. Although the new building is not required to be compatible with the bungalow or the eligible historic district in scale or massing, it is important that the new building does not impact the integrity of the eligible 10th Street Beach Bungalow Historic District to the extent that the district would no longer be eligible for historic listing. Architectural treatments and design elements include painted lap siding, wood trim, wood picket railing, exposed rafter tails, masonry walls and covered and recessed walkways and balconies to provide a more pedestrian friendly streetscape. The elevator housing unit will exceed the 30-foot height limit by the minimum amount necessary to meet the California Building Code (approximately 3.66 feet) pursuant to HBMC Section 17.46.010 and will occupy less than 5% of the roof area (approximately 3.45%). No signage is currently proposed. The project is conditioned to require a sign permit for new signage at the subject site in conformance with HBMC Section 17.50. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools: The proposed building is designed with the motel guest entrance/exits and covered walkways located along the east side of the building (Hermosa Avenue frontage) which are oriented away from nearby residential uses. The project will maintain the existing vehicular access point provided by a driveway along the south alley (10th Court). The vehicular ingress/egress point is oriented to the south, across from an existing commercial building, where it is least impactful to nearby residences and will additionally limit impacts to street traffic on Hermosa Avenue. No new curb cuts are proposed and all on-street parking spaces will be preserved. No impacts are anticipated. The new building which abuts the Hermosa Avenue sidewalk will be recessed back approximately three to six feet and will contain covered walkways to provide a more pedestrian oriented frontage along Hermosa Avenue. 59 Page 7 – Precise Development Plan 19-2 7. Noise, odor, dust and/or vibration that may be generated by the proposed use: The short duration of noise events generated during the anticipated 12-18 month construction period will temporarily result in increased ambient noise levels, but will not significantly impact the ambient noise environment over the long term or for a significant period of time. Compliance with the City’s Noise Ordinance will effectively ensure that the project does not exceed adopted standards and successfully avoids significant construction-related temporary noise impacts. Motels are permitted by right within the C-2 zone, and all noise from the motel use operation will be contained within the fully enclosed building, with the exception of the front porch (fronting along 10th Street) which will be available to the guests of the motel’s single unit. The interior of the structure is being converted from three bedrooms to two bedrooms and the previously proposed 212 square foot ancillary registration office on the first floor will now be used as additional living room area. An off-site property management company will assist with concierge services and tenant check in and checkout. Daily cleaning services will be provided by an outside cleaning service whose employees will be dropped off and picked up. The motel units will be "smart units" where the renters will be able to access information and pay online. All units will be keyless entry. As such, significant noise impacts from the long-term operations are not anticipated. The use of heavy construction equipment has the potential to exceed allowable groundborne vibration levels. The adjacent residence to the west at 64 10th Street is a beach cottage constructed in 1914. Because of the age and historic significance of the existing structure on site and the adjacent structure, these nearby structures must be considered especially sensitive to vibration impacts. The Mitigated Negative Declaration requires compliance with a mitigation measure requiring that, “During the periods of site preparation when heavy equipment (such as a 315 excavator and 953 track loader, or similar) will be in use, vibration levels at site’s western property line adjacent to the neighboring residential structure at 64 10th Street and at or near the southern foundation of the historic resource on site will be monitored by an acoustic engineer. The monitoring shall be performed by a registered engineer of INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 001 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Director in the form of a memorandum prepared by the acoustic engineer in a timely manner.” The project is conditioned to require the applicant submit a demolition and construction management plan for review and approval by the City Building Official at time of Building Permit submittal. The project is also conditioned to require the applicant to hold a pre-demolition/ construction meeting. HBMC Section 8.12 requires adequate solid waste collection and disposal facilities for all developments. A minimum four cubic yard roll off container is needed for the six- unit motel use. A fully enclosed trash enclosure with a roof will be provided along the west side of the existing structure where the container can be rolled to the edge of the property along 10th Street. Although that space is not large enough to meet the minimum dimensions for a standard or compact parking stall, the area has been informally used to park vehicles, such as a golf cart. The applicant proposes to provide parking spaces for two (2) neighborhood electric vehicles (golf carts) at the northwest corner of the property with one vehicle provided on-site for motel guests. The project is conditioned to require the area be adequately signed to limit parking to two tandem neighborhood electric vehicle spaces and that the applicant provide one vehicle on-site for motel guests. Therefore, with implementation of the mitigation measure and various conditions of approval, adverse impacts are not anticipated. 60 Page 8 – Precise Development Plan 19-2 8. Impact of the proposed use to the city’s infrastructure, and/or services: The existing site has available utilities and services. The site has historically been occupied by a residential use. The City’s Public Works Department has confirmed that that adequate capacity exists to provide utilities for the proposed development. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms: An Initial Study and Mitigated Negative Declaration was prepared to analyze the proposed project. The Initial Study/Mitigated Negative Declaration determined that, with implementation of one mitigation measure (included as a condition of approval within this resolution), the project will not result in any significant environmental impacts. 10. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project is conditioned such that upon final approval of the Precise Development Plan the property owner shall be required to file with the City of Hermosa Beach the necessary business license for the motel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. The applicant proposes to install an electric vehicle charging station and the adjacent parking space will be non-exclusive and may be occupied by a non-electric vehicle. In addition, an area on the roof has been designated for future solar panels. The size and quantity of panels will be determined at time of plan check and are subject to a separate permit. Additionally, the project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15). The project energy consultant will prepare calculations to illustrate compliance with the minimum standards to meet code. The California Building Codes and Green and Energy Codes require installation of building insulation, energy windows, occupancy/vacancy sensors on outlets and light fixtures, motion sensor light fixtures within stairways, energy efficient light fixtures (LED or florescent) throughout the interior and exterior and require compliance with mandatory star rated energy efficient mechanical systems, appliances, and electronics such as televisions to ensure no wasteful, inefficient, or unnecessary energy consumption. Therefore, the project will not result in wasteful, inefficient or unnecessary consumption of energy. Section 8. Based on the foregoing, the Planning Commission hereby approves the proposed Precise Development Plan 19-2 subject to the following Conditions of Approval: 1. The project consisting of a six-unit motel development shall be substantially consistent with plans and application submitted and approved by the Planning Commission on August 20, 2019, as modified per subsection 1a-h. The Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval, provided that the use is not changed, intensity of use is not increased and the arrangement of space would not increase negative impacts. Any substantial deviation, changes to the floor plan, site plan, or building exterior which alter the primary function of the use as a motel shall be subject to review and approval by the Planning Commission. a. The front northwest corner of the property, west of the historic structure, shall be dedicated and adequately identified with surface paint as well as vertical (building or pole mounted) signage to accommodate parking spaces for two (2) tandem 61 Page 9 – Precise Development Plan 19-2 neighborhood electric vehicles (golf carts) on-site, to the satisfaction of the Community Development Director. b. At least one (1) neighborhood electric vehicle shall be provided on-site for motel guests. c. The previously proposed 212 square foot ancillary registration office/concierge room shall be used as additional living room area. d. Two vehicle free units shall be provided whenever the property is more than 65% occupied (4 units may utilize vehicles & 2 units shall be vehicle free). e. Discounts shall be provided for all occupants of the motel that are vehicle free. f. A local off-site property management firm shall be utilized to provide services to guests and to maintain the welfare of the residents, and/or commercial and residential establishments nearby. g. An off-site local cleaning service shall provide all cleaning services and employees shall solely be dropped off and picked up. h. All motel units shall be keyless entry “smart units”. 2. The subject site shall additionally comply with Parking Plan P.C. Resolution 19-XX. 3. Prior to the submittal of structural plans to the Building Division for plan check an ‘Acceptance of Conditions’ affidavit and recording fees shall be filed with the Planning Division of the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this permit of approval. 4. Upon final approval of the Precise Development Plan the property owner shall file with the City of Hermosa Beach the necessary business license for the motel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. 5. The applicant shall obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit. 6. Prior to issuance of any type of construction-related permits, the developer shall provide evidence that a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring has been hired, and that the scope of work and frequency/availability of the engineer is adequate, to the satisfaction of the Community Development Director. 7. During the periods of site preparation when heavy equipment is used (such as a 315 excavator and 953 track loader, or similar), vibration levels at the project site’s western property line adjacent to the residential structure at 64 10th Street and at or near the southern foundation of the historical residence on-site, shall be monitored by an acoustic engineer. The monitoring shall be performed by a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer, with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 0.01 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Department in the form of a memorandum prepared by the acoustic engineer in a timely manner. 62 Page 10 – Precise Development Plan 19-2 8. Architectural treatments and accessory facilities shall be as shown on building elevations, site and floor plans. Precise building height compliance shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. 9. The elevator housing unit shall be subject to Hermosa Beach Municipal Code Section 17.46.010 and shall occupy no more than 5% of the total roof area. 10. All exterior lighting shall be downcast and fully shielded, and illumination shall be contained within the property boundaries. Lighting shall be energy-conserving and motion detector lighting shall be used for all lighting except low-level (three feet or less in height) security lighting and porch lights. Lamp bulbs and images shall not be visible from within any onsite or offsite residential unit. Exterior lighting shall not be deemed finally approved until 30 days after installation, during which period the Building Official may order the dimming or modification of any illumination found to be excessively brilliant or impacting to nearby properties. 11. Lighting for signage must be downcast and non-disruptive to nearby uses and compliant with HBMC Section 17.50 (Signs). 12. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. 13. An trash enclosure facility with roof, capable of accommodating a minimum four-yard roll off container shall be located along the west side of the existing structure, subject to review and approval of the Community Development Director. 14. A bicycle rack for at least eight (8) bicycles shall be maintained on-site at all times. a. A minimum of four (4) shared bicycles shall be provided on-site for motel guests and the motel shall promote their availability when making reservations online. 15. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 16. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 17. The establishment shall not adversely affect the welfare of the residents, and/or commercial and residential establishments nearby. 18. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44) and install permeable surfaces in the parking lot and other non-landscaped areas to the maximum extent feasible. If providing water-permeable surfaces on at least 50% of exterior surface area is not feasible and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of runoff produced by a 0.80 inch twenty-four (24) hour rain event, then the applicant shall infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall designate the exact location of the subsurface infiltration system, the applicant shall enter into a maintenance agreement with the City (prior to final map approval) for the ongoing infiltration, and 63 Page 11 – Precise Development Plan 19-2 provide a surety bond to the City to guarantee that on-site, subsurface infiltration is achieved. The amount of the bond shall be determined by the Building Division. All other drainage shall be routed to an off-site facility or on-site permeable area approved by the City. To the extent possible, a portion of roof drainage shall be routed to on-site permeable areas. No drainage shall flow over any driveway or sidewalk. Low Impact Development calculations and documentation such as Appendix D and E of the Storm Water LID Guidelines must be submitted to the Public Works Department at time of grading and plan check along with an erosion control plan. 19. If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property owner(s) shall record an agreement to assume the risk associated with use and operation of said sump pump, release the City from any liability, and indemnify the City regarding receipt of surface waters from the property. The recorded agreement must be filed with the City prior to issuance of the Certificate of Occupancy. 20. The project and operations shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the City of Hermosa Beach Municipal Code. 21. Building plans shall be submitted to the Los Angeles County Fire Department for review and approval. Final fire inspections shall be coordinated with the Los Angeles County Fire Department. 22. The project shall maintain in conformance with all other applicable regulatory agency requirements and standards, including but not limited to: Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 23. The applicant shall submit a demolition and construction management plan (and shall hold a pre-demolition/construction meeting) for review and approval to the City Building Official at time of Building Permit submittal. a. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. b. The form of the notification shall be provided by the Planning Division of the Community Development Department. c. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. d. Project construction shall conform to the Noise Control Ordinance requirements in Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at construction site. e. During construction traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 24. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 64 Page 12 – Precise Development Plan 19-2 25. Civil engineering plans shall be prepared by a licensed civil engineer and conceptually approved by the Public Works Department prior to submitting an application for Building Permits. Complete civil engineering plans shall address grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on- site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the Municipal Code and Public Works specifications and shall be filed with the Community Development Department. 26. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 27. Project construction shall protect private and public property in compliance with Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence unless and until all necessary permits are attained from the Public Works Department including if required, an approved Residential or Commercial Encroachment Permit. 28. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid elevations must be submitted prior to grading and plan check. Sewer lateral video must be submitted with plan check submittal, if the developer plans to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 29. The practice of washing and rinsing floor mats, equipment, tables, etc., or discharge of any liquids, other than Stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 30. Exterior and interior water use shall comply with Chapter 8.56. 31. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 32. The Planning Commission may review this Precise Development Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject Precise Development Plan. 33. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 9. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community 65 Page 13 – Precise Development Plan 19-2 Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 19-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of August 20, 2019. ______________________________ ______________________________ David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 66 Page 1- Parking Plan 19-2 P.C. RESOLUTION 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW THE 6-SPACE PARKING REQUIREMENT TO BE MET WITH 4 ON-SITE SPACES (INCLUDING 1 TANDEM SPACE) PLUS FEES IN LIEU FOR 2 SPACES, FOR A SIX-UNIT MOTEL PROJECT CONSISTING OF A NEW THREE-STORY, DETACHED 2,744 SQUARE FOOT COMMERCIAL BUILDING CONTAINING FIVE UNITS, TO BE CONSTRUCTED BEHIND THE EXISTING 1,841 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH WILL BE CONVERTED TO AN ADDITIONAL UNIT, ON A 4,023 SQUARE FOOT LOT IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 70 10TH STREET; AND ADOPTING THE MITIGATED NEGATIVE DECLARATION. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by B&J Capital Investments on March 21, 2016, seeking approval of Precise Development Plan 16-7 and Parking Plan 16-2 to allow a new three- story, detached 2,744 square foot commercial building with ground floor retail and second and third floor office space, to be constructed behind the existing 1,841 square foot single-family residence which was proposed to be converted to a single-unit motel, and Parking Plan to allow the 12-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in-lieu for 8 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on July 17, 2018 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. During their August 1, 2018 meeting the project was denied with a 5:0 vote. The Commission expressed concerns with unknown office and retail tenants, renting out the front residence for short term vacation use, and anticipated parking impacts by not providing enough parking spaces on-site for the combination of uses while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The project proposed to provide 4 out of the 12 required parking spaces on-site (33% provided on-site). Section 3. The applicants considered the Commission’s feedback and revised the project uses and reduced the amount of required parking spaces. An application was filed on March 21, 2019, requesting approval of Precise Development Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit with a 212 square foot ancillary registration office, and a Parking Plan 19-2 to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. The new project proposes to provide 4 out of 6 required parking spaces on-site 67 Page 2- Parking Plan 19-2 (67% provided on-site) thereby reducing the required amount of in-lieu spaces by 71% by changing the uses from retail and office to motel. Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application on June 18, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission expressed continued concerns with anticipated parking impacts by not providing enough parking spaces on-site for the motel use and ancillary registration office while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The Commission continued the item to a later date and requested the applicant work on a design solution that would provide additional parking spaces or reduce the number of units thereby reducing the number of parking spaces required. Section 5. The applicant decided to maintain the previously proposed site layout and physical building design and number of motel units while removing and replacing the ancillary registration office/concierge service with the room serving as additional living room area, providing off-site property management services and pick up and drop off cleaning services, requiring all units be keyless entry, providing two parking spaces for neighborhood electric vehicles (with one vehicle provided for motel guests), providing discounts to motel quests who are vehicle free and requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free). The Planning Commission conducted a duly noticed public hearing to consider the revised application on August 20, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 6. Pursuant to the California Environmental Quality Act, the City prepared a Mitigated Negative Declaration (MND) for the proposed project and the City adopted a Mitigated Negative Declaration pursuant to Precise Development Plan Resolution No. 19-XX. Section 7. Based on the testimony and evidence received, the Planning Commission makes the following factual findings pertaining to the application for a Parking Plan pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.44.210: HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings, and other methods of reducing parking demand. The applicants request to allow for a reduction in the number of spaces require through payment of parking spaces in-lieu and for use of tandem parking spaces. Motels require one space for each unit. The proposed project consists of six motel units which require a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b. 68 Page 3- Parking Plan 19-2 requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.14, therefore, a minimum of 2 parking spaces (25% of 6 spaces) must be provided on-site. The proposal complies with code and includes 4 parking spaces on-site with 2 in-lieu spaces requested. The City, through an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), has an approved parking in-lieu fee program. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on- site. The fee was established by resolution of the City Council and was based on an appraisal completed in July 2006. The in-lieu funds are used to mitigate increased parking demand and funds can be used for future improvements to the City’s public parking. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. Currently 66 in-lieu parking spaces have been approved by the City to date. If the applicant’s request to purchase 2 in-lieu spaces is approved, the City’s inventory of available in-lieu spaces will be reduced to 32. Once the City reaches the 100 space threshold additional parking must be constructed or, no additional in-lieu parking may be authorized. A Parking Plan is requested to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces. To provide some context in considering the request for approval of 2 in-lieu spaces, the following is a list of the largest in- lieu parking requests approved by the City to date. ● 20 spaces at 1301 Hermosa Avenue; ● 16 spaces at 906-910 Hermosa Avenue; ● 13 spaces at Pier Plaza; ● 7 spaces at 1429 Hermosa Avenue; ● 5 spaces at 51 Pier Avenue; and ● 5 spaces at 117 Pier Avenue. The property is located within the Downtown District where the General Plan emphasizes and supports the following parking design goals: A park-once district that allows centralized, shared parking facilities providing pedestrian connections at multiple destinations; and parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. General Plan Mobility Goal 4 aims to provide innovative parking supply solutions which will be used to provide a variety of services tailored to different users in addition to adopting policies that will incentivize targeted business and commercial development of shared parking solutions. Policy 4.1 aims to facilitate park-once and shared parking policies among private developments that contribute to a shared parking supply and interconnect with adjacent parking facilities. 69 Page 4- Parking Plan 19-2 Additionally, a bicycle rack accommodating eight bicycles will be located near the southeast corner of the existing structure. The project is conditioned to require that a bicycle rack, for at least eight (8) bicycles, be maintained on-site at all times and that a minimum of four (4) shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. The applicants additionally propose to provide green solutions which include providing parking spaces for two (2) neighborhood electric vehicles (golf carts) at the northwest corner of the property with one vehicle provided on-site for motel guests, requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free) and that discounts be provided for all occupants of the boutique inn that are vehicle free. The applicants propose to eliminate and replace the ancillary registration office/concierge room with additional living room area and to provide alternative cleaning solutions. The applicants propose to utilize a local real estate broker and property management firm and the applicants have consulted and confirmed with two local real estate broker/property management firms located within three blocks of the property to provide service to guests and resolve any issues as needed. Through eliminating the ancillary registration office/concierge services there will no longer be an employee occupying a parking space. In addition, the applicants identified two local cleaning services that offer drop off and pick up of cleaning staff thereby making on-site spaces available to motel guests. The applicants also propose that the motel require keyless entry for all rooms. Peak parking demand for hotel/motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily. Motel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located approximately 1 block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two and a half blocks (750 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. Alternative transportation options for motel occupants which may provide parking relief, include ride sharing services (Uber and Lyft) and bus lines 130 and 109 which have stops along Hermosa Avenue. The Parking Analysis conducted for the proposed Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20, 30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel (containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a large portion of motel guests may arrive via Uber/Lyft. 70 Page 5- Parking Plan 19-2 Section 6. Based on the foregoing, the Planning Commission hereby approves the proposed Parking Plan 19-2 subject to the following Conditions of Approval: 1. The project consisting of a six-unit motel development shall be substantially consistent with plans and application submitted and approved by the Planning Commission on August 20, 2019, as modified per subsection 1a-h. The Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval, provided that the use is not changed, intensity of use is not increased and the arrangement of space would not increase negative impacts. Any substantial deviation, changes to the floor plan, site plan, or building exterior which alter the primary function of the use as a motel shall be subject to review and approval by the Planning Commission. a. The front northwest corner of the property, west of the historic structure, shall be dedicated and adequately identified with surface paint as well as vertical (building or pole mounted) signage to accommodate parking spaces for two (2) tandem neighborhood electric vehicles (golf carts) on-site, to the satisfaction of the Community Development Director. b. At least one (1) neighborhood electric vehicle shall be provided on-site for motel guests. c. The previously proposed 212 square foot ancillary registration office/concierge room shall be used as additional living room area. d. Two vehicle free units shall be provided whenever the property is more than 65% occupied (4 units may utilize vehicles & 2 units shall be vehicle free). e. Discounts shall be provided for all occupants of the motel that are vehicle free. f. A local off-site property management firm shall be utilized to provide services to guests and to maintain the welfare of the residents, and/or commercial and residential establishments nearby. g. An off-site local cleaning service shall provide all cleaning services and employees shall solely be dropped off and picked up. h. All motel units shall be keyless entry “smart units”. 2. The subject site shall additionally comply with Precise Development Plan P.C. Resolution 19-XX. 3. Prior to the submittal of structural plans to the Building Division for plan check an ‘Acceptance of Conditions’ affidavit and recording fees shall be filed with the Planning Division of the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this permit of approval. 71 Page 6- Parking Plan 19-2 4. The applicant shall obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit. 5. In order to compensate for a lack of required parking on-site, the applicant shall contribute fees to the City’s parking improvement fund in lieu of the additional required two (2) parking spaces, as set forth in HBMC Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 as set forth by resolution of the City Council. The payment of fees in-lieu of required parking shall be made prior to issuance of building permits. 6. The motel shall provide 4 parking spaces on-site at all times. a. The parking lot shall be designed and striped in compliance with HBMC Chapter 17.44. b. The parking lot shall be fully available for and limited to motel guest parking during all hours of operation. 7. A bicycle rack for at least eight (8) bicycles shall be maintained on-site at all times. a. A minimum of four (4) shared bicycles shall be provided on-site for motel guests and the motel shall promote their availability when making reservations online. 8. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. 9. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 10. The Planning Commission may review this Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 11. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested in writing to the Community Development Director, including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 7. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the 72 Page 7- Parking Plan 19-2 Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the final decision on this Parking Plan (either by the Planning Commission, or the City Council should they take jurisdiction of the project), must be made within 90 days after the final decision. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 19-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of August 20, 2019. ______________________________ ______________________________ David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 73 P.C. RESOLUTION NO. 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A PRECISE DEVELOPMENT PLAN TO ALLOW A SIX-UNIT MOTEL PROJECT BY CONSTRUCTING A NEW THREE-STORY, DETACHED 2,744 SQUARE FOOT COMMERCIAL BUILDING CONTAINING FIVE UNITS, TO BE CONSTRUCTED BEHIND THE EXISTING 1,841 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH WILL BE CONVERTED TO AN ADDITIONAL UNIT, AND DENYING A PARKING PLAN TO ALLOW THE 6-SPACE PARKING REQUIREMENT TO BE MET WITH 4 ON-SITE SPACES (INCLUDING 1 TANDEM SPACE) PLUS FEES IN LIEU FOR 2 SPACES, ON A 4,023 SQUARE FOOT LOT IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 70 10TH STREET. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by B&J Capital Investments on March 21, 2016, seeking approval of Precise Development Plan 16-7 and Parking Plan 16-2 to allow a new three-story, detached 2,744 square foot commercial building with ground floor retail and second and third floor office space, to be constructed behind the existing 1,841 square foot single-family residence which was proposed to be converted to a single-unit motel, and Parking Plan to allow the 12-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in-lieu for 8 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on July 17, 2018 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. During their August 1, 2018 meeting the project was denied with a 5:0 vote. The Commission expressed concerns with unknown office and retail tenants, renting out the front residence for short term vacation use, and anticipated parking impacts by not providing enough parking spaces on-site for the combination of uses while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The project proposed to provide 4 out of the 12 required parking spaces on-site (33% provided on-site). Section 3. The applicants considered the Commission’s feedback and revised the project uses and reduced the amount of required parking spaces. An application was filed on March 21, 2019, requesting approval of Precise Development Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit with a 212 square foot ancillary registration office, and a Parking Plan 19-2 to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. The new project proposes to provide 4 out of 6 required parking spaces on-site (67% provided on-site) thereby reducing the required amount of in-lieu spaces by 71% by changing the uses from retail and office to motel. 74 Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application on June 18, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission expressed continued concerns with anticipated parking impacts by not providing enough parking spaces on-site for the motel use and ancillary registration office while requesting too many parking spaces be paid in-lieu through the City's in-lieu program. The Commission continued the item to a later date and requested the applicant work on a design solution that would provide additional parking spaces or reduce the number of units thereby reducing the number of parking spaces required. Section 5. The applicant decided to maintain the previously proposed site layout and physical building design and number of motel units while removing and replacing the ancillary registration office/concierge service with the room serving as additional living room area, providing off-site property management services and pick up and drop off cleaning services, requiring all units be keyless entry, providing two parking spaces for neighborhood electric vehicles (with one vehicle provided for motel guests), providing discounts to motel quests who are vehicle free and requiring that two vehicle free units be provided whenever the property is more than 65% occupied (4 units with vehicles & 2 units vehicle free). The Planning Commission conducted a duly noticed public hearing to consider the revised application on August 20, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 6. Based on the testimony and evidence received, the Planning Commission did not have evidence that a sufficient number of parking spaces would be provided on-site for customers of the six unit motel project proposed to occupy the site. Hermosa Beach Municipal Code (HBMC) Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings, and other methods of reducing parking demand. The applicants request to allow for a reduction in the number of spaces require through payment of parking spaces in-lieu and for use of tandem parking spaces. Motels require one space for each unit. The proposed project consists of six motel units which require a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.14, therefore, a minimum of 2 parking spaces (25% of 6 spaces) must be provided on-site. The proposal complies with code and includes 4 parking spaces on-site (including 1 tandem space and one parking space required van accessible) with 2 in-lieu spaces requested. Further, the evidence presented did not provide the Planning Commission with assurance that the configuration of the proposed on-site parking spaces (with one parking space in tandem and one parking space required van accessible) would be adequate to accommodate customers of the motel. 75 Section 7. Based on the testimony and evidence received, the Planning Commission makes the following findings to DENY the application for Parking Plan 19-2 pursuant to Section 17.44.210 of the Hermosa Beach Municipal Code (HBMC): A Parking Plan is a mechanism provided in the HBMC to allow for a reduction in the number of spaces required. The proposed project with six motel units requires a total of six parking spaces. The proposed project provides four on-site spaces (including one tandem space and one parking space required van accessible) plus payment of fees in-lieu for two spaces. Thus, the project requires a Parking Plan to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings, and other methods of reducing parking demand. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.14, therefore, a minimum of 2 parking spaces (25% of 6 spaces) must be provided on-site. The proposal complies with code and includes 4 parking spaces on-site with 2 in-lieu spaces requested. The purpose of the in-lieu fee program is to collect funds which can be used to for future improvements to the City’s public parking. To provide some context in considering the request for approval of 2 in-lieu spaces, the following is a list of the largest in-lieu parking requests approved by the City to date. The current inventory of all City-approved in-lieu parking spaces is attached. ● 20 spaces at 1301 Hermosa Avenue; ● 16 spaces at 906-910 Hermosa Avenue; ● 13 spaces at Pier Plaza; ● 7 spaces at 1429 Hermosa Avenue; ● 5 spaces at 51 Pier Avenue; and ● 5 spaces at 117 Pier Avenue. Members of the Commission and public were concerned with the lack of sufficient on-site parking proposed and found that providing approximately four of the six required parking spaces (approximately 67% of required parking on-site) while paying for two parking spaces (33% of required parking) in-lieu was not sufficient to satisfy the parking needs for the six-unit motel project. Peak parking demand for hotel/motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily. Motel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located approximately 1 block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two and a half blocks (750 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking lot 76 occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. Based on these numbers, the Planning Commission found there to be a lack of sufficient public parking available in the area to accommodate the parking demand from the proposed project and to offset the two parking spaces to be paid in-lieu. Therefore, the Planning Commission finds that the project, with four on-site parking spaces, will not provide adequate parking for the motel guests. Section 8. Based on the foregoing, the Planning Commission hereby DENIES the request for Precise Development Plan 19-2. In accordance with HBMC Section 17.58.030.C., denial of a PDP is appropriate when: 1. The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding vicinity, and there are no known conditions of approval which can be imposed that could resolve such problems; 2. The proposed development would have significant environmental adverse impacts which are not mitigable, and where the finding of overriding considerations cannot be made. The Planning Commission does not have evidence that a sufficient number of parking spaces would be provided on-site for customers of the six unit motel project proposed to occupy the site. Therefore, the proposed development is inappropriately designed in relation to the surrounding vicinity. The Planning Commission finds that the lack of on-site parking is an inappropriate design. Although the project complies with code requirements, through the City’s In-Lieu Fee Program which allows up to 75% of required parking spaces to be paid in-lieu, (four out of six spaces may be paid in-lieu), by requesting two out of six spaces in-lieu (33% requested in-lieu), the Commission has the authority to determine that due to specific project circumstances the project is inappropriately designed in relation to the surrounding vicinity and that there are no known conditions that can be imposed to the current proposed design that can accommodate more on-site parking other than reducing the number of motel units which the applicants are not agreeable to. Therefore, the Planning Commission denies the request for Precise Development Plan 19-2. Section 9. While a Mitigated Negative Declaration was prepared for this project, pursuant to Section 15270 of the ‘Guidelines for Implementation of the California Environmental Quality Act (CEQA), Title 14 of the California Code of Regulations, the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. Section 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: 77 CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 19-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of August 20, 2019. ______________________________ ______________________________ David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 78 79 80 81 82 Public Notification Legal Posters 83 84 85 86 -----Original Message----- From: Bill Peddle <bill.peddle49@gmail.com> Sent: Friday, August 16, 2019 12:57 PM To: Ann Yang <anny@hermosabch.org> Subject: New hotel plans I am a resident on 10 st. All I can say is parking, even when it was a vacation rental I lost my ability to park. With guests there will be visitors, guess what more parking issues. Sent from my iPad ______________________________________________________________________________ -----Original Message----- From: Mary <manhattanbeach49@gmail.com> Sent: Thursday, August 15, 2019 7:37 PM To: Ann Yang <anny@hermosabch.org> Subject: Council Meeting Tuesday Ann and Council Members, I live on 10th Street and would like you to please understand how much impact a hotel at the other end of our residential block will do to our lives, not in a good way. This block is already a high impacted area because of the SeaSprite and all of the Uber and Lyft drop off and pick ups and people themselves dropping off beach gear and looking for parking. The street has even gotten busier the past couple of years with Hermosa booking new events on our side of the pier. This is a residential block but doesn’t really seem like the council cares. Hermosa Beach is a small “beautiful” town but getting crazy busy. Please do not give us more Chaos by allowing another hotel at the end of our residential 10th St. (&Hermosa Avenue). We as residents here will not be able to find parking in front of our homes because the hotel cannot accommodate all the cars for the guests (and friends). We vacation rented our home in AZ for 4-5 years and there were always more cars than the guests staying at our home. Everyone had friends and relatives in the area who came over. I’m sure that will be the case here also. Please vote NO on Tuesday for the house at the end of 10th Street to become a hotel. Thank you, Mary Peddle 23 10th Street Sent from my iPad 8/20/19 AGENDA, ITEM 9 SUPPLEMENTAL letter submitted by Mary Peddle on 08/15/19 at 7:37 p.m. SUPPLEMENTAL letter submitted by Bill Peddle on 8/16/19 at 12:57 p.m. 87 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, August 19, 2019 6:26 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Dennis Toomey submitted a new eComment. Meeting: Planning Commission Meeting Item: 9. REPORT 19-0535 PDP 19-2 and PARK 19-2 -- Precise Development Plan and Parking Plan to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. eComment: So, once again, for the 3rd time in the past year, those of us in the area impacted by this proposal, must write letters and attend meetings in order to stop this insanity! The current version of the proposal does not significantly differ from the prior iterations. At issue her is still PARKING! It is totally ludicrous for the Planning Commission to even consider granting variances of this type. If the developer wants to build, then fine, CONFORM TO THE REQUIREMENTS!!! These types of variances over the years have greatly contributed to the Parking problem. Quit selling out the Residents of Hermosa Beach by accepting ''fees'' in lieu of compliance!!! Regards Dennis View and Analyze eComments 88 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, August 20, 2019 3:27 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Charles Shehadi submitted a new eComment. Meeting: Planning Commission Meeting Item: 9. REPORT 19-0535 PDP 19-2 and PARK 19-2 -- Precise Development Plan and Parking Plan to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. eComment: I live at 61 10th Ct and am opposed to this development for several reason, but will only highly the two most critical: parking and zoning. Parking has been and will continuing to be a problem close to the pier, and this proposal will continue exacerbate the underlying parking issue for residents and our guests. Further, I am in complete opposition to the redevelopment of a residential property into a commercial rezoning. Housing inventory is already extremely limited and this will further reduce the amount of inventory for hard working people who want to own a property in our great town. I highly urge you deny this plan. View and Analyze eComments 89 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, August 20, 2019 3:51 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Scott Hayes submitted a new eComment. Meeting: Planning Commission Meeting Item: 9. REPORT 19-0535 PDP 19-2 and PARK 19-2 -- Precise Development Plan and Parking Plan to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional unit and a Parking Plan to allow the 6-space parking requirement to be met with 4 on-site spaces (including 1 tandem space) plus fees in lieu for 2 spaces, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. eComment: I really like this project. I like that the original house will be kept largely undisturbed. I think that the architecture of the hotel fits well in the area. The issue that I have with the project is the parking. I think that the project should only be approved if they can find the parking on site. "In lieu" fees do not provide any relief to the already congested parking areas near downtown. View and Analyze eComments 90 70 10th Street, Hermosa Beach, CA. Planning Commission Meeting August 20th, 2019 91 Arial View of 10th St, Hermosa Beach 92 Local Neighbors Comments •“The owners, according to their flyer, originally bought the property for commercial development, when those plans were denied, they decided to try something different.” Carol James (We did purchase for commercial development, but we listened to the neighbors comments and developed something that had a residential component) •“ My understanding is that they are unable or unwilling to provide the required amount of parking for this development. “ Carol James (The existing structure does not meet code, 2-3 parking spots are required for the existing structure and for the proposed structure only requires 2, however the Boutique Inn is the least amount of density and traffic/pedestrian mitigation) •“I feel the development should be conducive to the property size and location.” Carol James (The new development IS conducive to the neighborhood - Please see arial photo) •“This is a residential block but doesn’t really seem like the Council cares. Hermosa Beach is a small, beautiful town and it’s getting really crazy busy. Please do not give us more chaos by allowing another hotel at the end of our residential 10th Street” Mary Peddle (Yes, most of the block is residential, but this is a commercial property, where we have created a residential component) •“If the developer wants to build, then conform to the requirements” Dennis Toomey (The new development conforms, the current historic structure does not) 93 Arial View of 10th Street, Hermosa Beach 94 70 10th St., Hermosa Beach Existing structure 1850 sq. ft. Single Family Residence on Commercial Zoned Lot 95 Hermosa Beach Parking Regulations for Current 1850 sq. ft. building converted to commercial use •Current regulation for minimum commercial use is 1 parking space for every 250 square feet of improvement •Current improvement would require 7 parking spaces on site to operate ANY general commercial business uses. (i.e., general retail, general office, surf shop, coffee shop, therapist, business professional, etc.) •Based on consultation with Planning Staff, if we kept the existing structure and used for general commercial business uses; any and all occupants would need to purchase 2 parking in-lieu spaces. •Per Planning Staff, without a parking plan (no tandem and no in-lieu) only 3 spaces can be provided on-site. With only 3 parking spaces, only 750 square feet out the 1850 square foot historic building can be used (requiring deactivation or demolition of 1,100 square feet. •Even with planning staff approval of a parking plan, the lot size would only allow for one (1) required ADA (handicap) parking space and four (4) parking spaces. An ADA parking space cannot have a tandem space behind it and we would still need 2 parking spaces in-lieu. •The City’s parking and traffic engineer confirmed that the previously proposed retail/office project would generate more parking and traffic demand than the current proposed motel use. 96 Existing house structure has limited parking for commercial use - 1 ADA + 4 parking spaces (2 tandem) would still require 2 in lieu 70 10th Street, Hermosa Beach City Confirmation that per Hermosa Beach city code, no more than 5 parking spots fit on the property, although 7 parking spots per code are needed to utilize existing structure. 97 Proposed Historic Hermosa Beach Boutique Inn Motel 70 10th Street, Hermosa Beach Lowest Parking & Pedestrian Traffic Impact permitted by City Code 98 Hermosa Beach Parking Requirements for Proposed Boutique Inn •Hermosa Beach Planning Code requires 1 parking space per unit. Proposed project has 6 units. •Proposed project has 4 onsite parking spaces, 1 of which is ADA. The on-site parking exceeds the City code standards which require a minimum 25% or 2 spaces be provided on- site. 4 parking spaces are provided on-site which compiles with City code. •Proposed project is requesting 2 in-lieu spaces; and will provide green solutions and parking solutions that will help reduce parking demand and mitigate potential parking concerns. 99 Green Solutions to mitigate the Boutique Inn parking issues: •City conditional use: When property exceeds 66% occupancy, conditional use mandate two (2) vehicle free guest units •City conditional use: If and when units are 100% occupied, two units MUST be vehicle free. •Significant data has been collected with local hotels EIR’s which states that 32% of their current guest/customer base already arrives vehicle free. (Note: recent Beach Hotel EIR data) •The Vehicle free mandate can be audited by Hermosa Beach using their existing Transient Occupancy Tax (p. 214) under Guidelines for Revenue Tracking 100 Green Solutions to mitigate the Boutique Inn parking issues: (cont’d.) •Green Solutions: Discounts will be provided to ALL guests of the Boutique Inn that are vehicle free. •Developer to provide two (2) tandem parking spaces on-site for neighborhood electric vehicles carts and will provide 1 on- site DMV approved electric vehicle cart for tenant use. •Developer will provide an 8 rack bicycle rack including 4 bicycles for tenant use. •Emphasize in our marketing and to our tenants that no vehicles are needed as the City of Hermosa Beach has local taxi cab service within 2 blocks of proposed project. 101 Guest Management provided by Keyless Management Application and Local Real Estate Brokerage •Keyless Management Application is being utilized by major and boutique inns, hotel and motel companies, including but not limited to: Marriott Hotels, W Hotels, Sheraton, and other major hotels and boutique inns. •Developer interviewed local brokerages in walking distance to proposed project at 200 Pier Avenue, including Sotheby’s, Keller Williams, RE/MAX. All have shown interest in assisting in management of boutique inn from their office in coordination with our Keyless Management application. •Guests can access property management companies through their Keyless/Management APP on their smartphones. •By eliminating the concierge we eliminate the need for a parking space for the full time employee while still giving maximum service to our guests and resolve any issues as needed. •We’ve identified two local experienced cleaning services that drop off and pick up cleaning staff, eliminating the need for another parking space. 102 Keyless Management Application Offers The Following: Book your room, check in and out of your room Access property management personnel Receive option for vehicle free discount Request or deny cleaning and receive additional savings Local restaurant delivery service Provide any notifications to guests 103 Keyless Management Apps More Information •The mobile technology used with radio frequency ID electronic locks delivers a more personalized and interactive guest experience—from check-in and informing guests of hotel amenities to securely accessing their room, all via their mobile device, said Joey Yanire, assistant VP of mobile access lodging systems for dormakaba. •Already being used by Mobile locks and keyless entry are approaching a critical mass of installations as demand and popularity climb. •“Percentages show that hotels appear to be slower to adopt these solutions in comparison to the percentage of demand from travelers and hotel guests who express interest in having access to these technologies,” •Mobile locks and keyless entry are approaching a critical mass of installations as demand and popularity climb, said Markus Boberg, VP of business development for Assa Abloy Hospitality •https://www.hotelmanagement.net/tech/mobile-key-it-new-reality-for-hotels 104 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0539 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 CUP 18-9 and PARK 19-4- Conditional Use Permit and Parking Plan Amendment request for a gymnasium/health and fitness center, limited (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant:Game Ready Performance C/O: Jacquelyn Guerra 409 North Pacific Coast Hwy. #230 Redondo Beach, CA 90277 Owner:Maurice Refoua/ Refoua LLC 1559 S. Sepulveda Los Angeles, CA 90025 Recommended Action: Adopt the attached resolutions approving CUP 18-9 and PARK 19-4 to allow a limited gymnasium/health and fitness facility (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: City of Hermosa Beach Printed on 2/20/2024Page 1 of 9 powered by Legistar™105 Staff Report REPORT 19-0539 Located within the Pacific Coast Highway corridor, the subject building at 307 Pacific Coast Highway is located on the west side of Pacific Coast Highway between 3rd Street and 4th Street with a 40.5- foot building frontage along Pacific Coast Highway. The subject building is located between Hermosa Motors car sales to the south and South Bay Jiu Jitsu to the north with commercial uses to the east, across Pacific Coast Highway, and to the west behind the subject site. The closest residential zone is located approximately 60 feet northwest from the rear property line. In 1993, CUP 93-15 and PARK 93-3 were approved by Resolution 93-52 to allow a gymnasium/health and fitness center with classes with less than required parking at 307 Pacific Coast Highway. The original 1993 approval for “Boxing Works” had unrestricted hours, except for group fitness classes (3 or more people) which were limited to after 7:30 P.M. on weekdays and on weekends. The most recent tenant was “Play Hive Childrens Gym.” In 1997, the Planning Commission interpreted that the original 1993 CUP included the rear, outdoor portion of the site as part of the allowable use for the business. The proposed business (Game Ready Performance) is a gymnasium/health and fitness center that provides performance training and sports-related assessment services tailored for personal and team athletic improvements. Individual and team evaluations and fitness training classes are available by appointment only and there are no walk-in classes. Hours of operation for evaluation and training are proposed between 9:00 A.M. and 8:00 P.M. and office hours are proposed between 6:00 A.M. and 9:00 P.M., 7 days a week with no more than 20 students/clients on-site at one time. For purposes of consistency with similar businesses and in order to avoid a potential need for future CUP amendments, a condition has been included in the resolution limiting hours of operation with clients present to between 9:00 A.M and 9:00 P.M. daily. Client assessments and training will be conducted both inside and outside the building in the partially-covered outdoor area. Stationary equipment will be located inside the building for physical assessments, including: manual/powered treadmills (5), hydro-rowers (2), and a supercat machine for vertical jump assessments (1). Outdoor equipment will include balls, hoops, goals, cones, bungees and plyometric jump boxes. Analysis: The project site is located in SPA-7 (Specific Plan Area No. 7) zone, which refers to the C-3 (General Commercial) zone for permitted uses. The SPA-7 zoning designation provides opportunities for the full range of office, retail, and service businesses deemed suitable for the City and appropriate for the Pacific Coast Highway commercial corridor. The project requires a Conditional Use Permit and Parking Plan Amendment due to operational changes including class sizes, hours of operation and floor plan modifications. Pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.26.030, the proposed limited gymnasium/health and fitness (assembly hall) use requires a Conditional Use Permit (CUP) in the SPA-7 zone, and Section 17.26.050.B.1 states outdoor uses be permitted by CUP for uses listed as stated in the permitted use list. The HBMC defines an assembly hall as any building, or portion of a building, used for public or private gatherings. For example, and without limitation, “assembly hall" includes convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness City of Hermosa Beach Printed on 2/20/2024Page 2 of 9 powered by Legistar™106 Staff Report REPORT 19-0539 centers, educational institutions (K-12), game arcades with five (5) or more machines, miniature golf courses, large day spas, movie theaters, museums, music academies, religious institutions, and skating rinks, whether available for public or private use. The Zoning Code definition for smaller fitness centers is defined as follows: "Gymnasium/health and fitness center, limited" means a facility not exceeding six thousand (6,000) square feet of gross floor area, whether open to the public or a private club, which provides the indoor space, equipment and the supervision/training/teaching for physical activities including but not limited to sporting activities, exercising, martial arts, aerobic dancing, weight training, gymnastics and spas. In this Code, "gymnasiums/health and fitness center" includes this use type "gymnasium/health and fitness center, limited." The Zoning Code differentiates parking requirements for Gymnasiums/Health and Fitness Centers as follows: a.Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. b.Greater than three thousand (3,000) square feet but not more than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per two hundred (200) square feet of gross floor area. c.Greater than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per one hundred (100) square feet of gross floor area. The applicant proposes to make 480 square feet of the rear outdoor area inaccessible for gymnasium/health and fitness center use by limiting the area for bicycle parking only in order count the business square footage as within the 3,000 square feet limit needed for the parking requirement to be equivalent to the general retail commercial parking requirement and no more intense than the previous use, thus requiring no additional parking. The bicycle parking area is not considered part of the gross floor area space since it is not usable for the primary business operations except for parking for employees and customers who travel to the fitness center by bicycle. The 1993 CUP allowed less-than-required parking and the applicant seeks approval of the same parking impact. The site is land-locked, with no-onsite parking and relies on the public parking lot across 3rd Street, which is the same situation as for the original 1993 approval. The applicants signed a lease in September 2017 to operate Game Ready Performance at this location. The original application for a City business license was received in December 2017, at which time it was determined that an amendment to the CUP and Parking Plan were required due to the assembly use and the request to hold community events. The applicants have been working with Community Development staff on its application since that time, but were delayed in their pursuit of an easement agreement with the adjacent property owner to allow access for parking in the rear portion of the lot. The unsuccessful pursuit of the access easement created delays and the applicant has withdrawn its request to host events, beyond what the City’s Temporary Minor Special Event City of Hermosa Beach Printed on 2/20/2024Page 3 of 9 powered by Legistar™107 Staff Report REPORT 19-0539 Permit allows (pursuant to HBMC Section 17.42.150, due to an inability to provide additional parking. Code enforcement has cited the business for not having a business license and operating without a valid CUP and Parking Plan. There have been no complaints about the business. CUP Criteria, Conditions and Standards HBMC Section 17.40.020 establishes the criteria, conditions and standards for reviewing, granting and amending CUPs in order to reduce the potential for adverse secondary land use impacts. In considering the granting of any CUP for any use, the following criteria for granting said permit shall be considered: 17.40.020 General criteria for all uses A.Distance from existing residential uses: The nearest residence is a nonconforming residential use located approximately 20 feet northwest of the rear (west) property line within the SPA-7 commercial zone and the nearest residential zone is located approximately 60 feet northwest of the rear (west) property line within the R-2 Two Family Residential zone. Conditions of approval are included in the draft resolution to reduce potential noise and vibration impacts to existing nearby residential uses, which include requiring sound dampening mats to be located under all equipment, requiring that the building be equipped with air conditioning and requiring that noise emanating from the property comply with the City's Noise Ordinance. A gym use has operated at this site since 1993 beginning with Boxing works from 1993 to 2014 which was then replaced with a children’s play gym (Play Hive) from 2014 to 2017. Game Ready occupied the space in 2017 and has been in operation since. There have been no complaints for the prior or current businesses. Potential impacts are detailed further in criteria I below. As conditioned, the proposed use is not anticipated to create adverse impacts to nearby residential uses. B.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The applicant proposes to continue the gymnasium/health and fitness use established by CUP 93-15 and PARK 93-3, which allowed the use to be established on an existing property, both indoors and outdoors, with no on-site parking. The site is land-locked and relies on the public parking lot across 3rd Street and other street parking. There are 22 off-street parking spaces in the City public parking lot provided across 3rd Street behind 201-233 Pacific Coast Highway. Pursuant to P.C. Resolution 93-52, the less-than-required parking “was justified and demonstrated that adequate parking was provided and/or was already available for customers that need parking.” The parking requirement for Gymnasiums/ health and fitness centers less than or equal to 3,000 square feet and with less than or equal to 20 students at one time, if classes are offered, is 1 off-street parking space per 250 square feet of gross floor area (includes exterior site area for outdoor uses) per HBMC Section 17.44.030 equivalent to the parking requirement for general retail commercial uses. Approximately 480 square feet of the rear outdoor area will be used for bicycle parking only in order to limit the gross usable area to 3,000 square feet. The bicycle parking area is not considered to be gross floor area since it is not usable for the primary business operations except for bicycle parking. Since the use will have the equivalent parking requirement as previously approved by CUP 93-15 and Parking Plan 93-3, no additional parking is required or proposed. As conditioned, the proposed use is not anticipated to create adverse parking impacts. City of Hermosa Beach Printed on 2/20/2024Page 4 of 9 powered by Legistar™108 Staff Report REPORT 19-0539 C.Location of and distance to churches, schools, hospitals and public playgrounds: Bi-Centennial Park, located at 4th Street and Valley Drive, is the nearest of these types of sensitive receptors at approximately 1,000 feet west of the project site. Due to the distance and continuation of the gymnasium/health and fitness assembly use, the proposed use is not anticipated to have adverse effects on Bi-Centennial Park. Conditions of approval have been added to the draft resolution to mitigate potential impacts and it is unlikely that the proposed use will affect similar sensitive receptors in the vicinity. D. The combination of uses proposed: The entire 1,600 square foot building and 1,400 square foot outdoor area (excluding 480 square feet of deactivated bicycle parking area) will be dedicated to the gymnasium/health and fitness center and will not be combined with any other uses. Because the use will be located within a single- tenant building, the proposed use, as conditioned, is anticipated to have minimal impacts on the surrounding commercial uses/buildings. Noise and vibration impacts and mitigations are detailed further in criteria I below, while parking is detailed in criteria B above. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: In order to assure compatibility with surrounding uses, the business owner proposes to utilize sound speakers within the building only and not in the outdoor area. The business owner proposes stationary equipment with shock absorbers within the building and portable soft equipment only in the outdoor area. The rear 480 square foot outdoor area will be utilized for bicycle parking only. The number of people on-site, as proposed by the business owner, is limited to a maximum of three employees during their busiest periods and a maximum of 20 students/clients during peak hours (9:00 A.M and 9:00 P.M. daily) and all business operations will be contained on-site. These precautions are intended to minimize impacts related to noise, vibration and parking. Conditions of approval are included to ensure these precautions are maintained throughout the life of the operation, and as conditioned, it is anticipated that the proposed establishment will be compatible with existing surrounding uses. Noise and vibration impacts are detailed further in criteria I below. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: The proposed gymnasium/health and fitness center is not anticipated to generate additional trips because the capacity of the existing building and outdoor area will not increase. Through the reduction of 480 square feet of outdoor area and utilizing the space for bicycle parking only, the business operations are limited to 3,000 square feet with class sizes limited to 20 students, consistent with the class size of gymnasium/health and fitness uses and with the general retail parking requirement.Pacific Coast Highway is classified as a Major Arterial Street designed to carry large volumes of traffic. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: No proposed exterior façade modifications are proposed with this request. Any proposed City of Hermosa Beach Printed on 2/20/2024Page 5 of 9 powered by Legistar™109 Staff Report REPORT 19-0539 signage will require a separate sign permit application and conform to the HBMC Section 17.50 for Signs. H. The number of similar establishments or uses within close proximity to the proposed establishment: Game Ready Performance will be a specialty fitness facility providing curriculum development for teams and elite athletes, fitness assessments, and recovery lab services after workouts and games. Other health and fitness facilities located nearby include South Bay Jiu Jitsu directly to the north at 325 Pacific Coast Highway, Anytime Fitness at 300 Pacific Coast Highway, Poise Fitness at 428 Pacific Coast Highway, and CrossFit South Bay at 725 5th Street. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The proposal is to designate the front portion within the building (1,600 square feet) to performance training and sports-related physical activity, stretching, fitness assessments, recovery services on stationary equipment (with applicable no/low impact shock absorbers), education and curriculum development, data analysis, and office work. The indoor area stationary equipment includes manual/powered treadmills (5), hydro-rowers (2), and a supercat machine for vertical jump assessments (1). The outdoor area (1,400 square feet) is designated for performance training and sports-related physical activity, meditation and stretching, education and curriculum development, and physical measurements. Outdoor equipment will include balls, hoops, goals, cones, bungees and plyometric jump boxes. The proposed hours of operation with clients present will be limited to 9 A.M. to 9 P.M. The business owner proposes a speaker in the indoor portion of the building be used when the roll- up doors and windows are closed. The tenant space has existing air conditioning and ventilation, which facilitates keeping all doors and windows closed during periods of amplified sound inside the building. Conditions of approval are included in the draft resolution to ensure compatibility of the proposed use with surrounding uses, such as closing the doors when amplified sound is provided within the building, maintaining a neat and clean premises, complying with the City's Noise Ordinance, all activities must be conducted on-site and not in public right-of-way areas, and strictly prohibiting any dropping of weights. In addition, the project is conditioned to require that a Temporary Minor Special Event Permit, pursuant to HBMC Section 17.42.150, be obtained for all events on-site. The proposed health and fitness facility use, as conditioned, is not anticipated to create adverse impacts. J. Impact of the proposed use to the city’s infrastructure, and/or services: The existing building is adequately served by the various utility companies, infrastructure and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. K. Will the establishment contribute to a concentration of similar outlets in the area: There are several fitness uses located within the City of Hermosa Beach, with approximately five facilities located along or nearby the Pacific Coast Highway Corridor, including the adjacent South Bay Jiu Jitsu. Fitness centers are health based and community-serving businesses, which support the Hermosa Beach health conscious beach culture and the associated goals and policies of PLAN Hermosa. However, unlike other fitness facilities, the City of Hermosa Beach Printed on 2/20/2024Page 6 of 9 powered by Legistar™110 Staff Report REPORT 19-0539 proposed gymnasium/health and fitness center offers a specialized service to the community to provide elite athletic training, analysis, assessments and recovery services by appointment only. Due to the size and type of the proposed business, there are no anticipated negative impacts from a concentration of the fitness-based businesses. L. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The proposed application is an Amendment to CUP 93-15 and Parking Plan 93-3.The proposed resolutions for the new CUP 18-9 and Parking Plan 19-4 include applicable conditions from the 1993 approvals plus new conditions.These new resolutions will supersede the previously-approved 1993 Resolution 93-52. Parking Plan Criteria, Conditions and Standards HBMC Section 17.44.210 states that a parking plan may be approved by the planning commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. Staff believes that less than required parking (no spaces provided) is acceptable for the use based on the below factors. 17.44.210 Factors to be considered A.Van pools, Though most in-office appointments are for individuals, teams may occasionally come to the business location. For these cases, a condition of approval has been included in the Parking Plan resolution to encourage team appointments to utilize van pools when possible. B.Bicycle and foot traffic. Through the reduction of 480 square feet of outdoor area, new bicycle parking will be provided for clients and employees traveling by bicycle. A condition of approval has been included in the Parking Plan resolution to encourage local clients and employees to travel by bicycle when possible. C.Common parking facilities. A gymnasium/health and fitness center was established in 1993 by CUP 93-15 and PARK 93- 3,which allowed the use to be established in an existing building with no on-site parking.The site is land-locked and relies on the public parking lot across 3rd Street.There are 22 off-street parking spaces in the City public parking lot provided across 3rd Street behind 201-233 Pacific Coast Highway.Pursuant to P.C.Resolution 93-52,the less-than-required parking “was justified and demonstrated that adequate parking was provided and/or was already available for customers that need parking.” D.Varied work shifts. All clients are scheduled by appointment only. Staffing needs are according to appointments scheduled during the hours of 9:00 A.M and 9:00 P.M., which varies according to the daily City of Hermosa Beach Printed on 2/20/2024Page 7 of 9 powered by Legistar™111 Staff Report REPORT 19-0539 needs. It is anticipated that there will be no more than 3 staff members on-site at peak time periods. E.Valet parking. No valet parking is requested as part of this application. F.Unique features of the proposed uses. None noted. G.Other methods of reducing parking demand. Through the reduction of 480 square feet of outdoor area and utilizing the space for bicycle parking only, the business operations are limited to 3,000 square feet with class sizes limited to 20 students, consistent with the class size of gymnasium/health and fitness uses and with the general retail parking requirement. H.Peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multi-tenant buildings. Clients are scheduled by appointment only, which allows consideration of parking availability. Typically peak weekend and evening hours which are most popular for restaurants are not as popular for the business operations of the proposed gymnasium/health and fitness center. Domino’s Pizza and Hermosa Saloon are located adjacent to the shared parking lot behind 201-207 Pacific Coast Highway. They are served by on-site parking as well as the shared public parking lot. Environmental Determination: The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301(a), Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure and involves only minor alterations to the interior of the structure but includes outdoor adjustments and minor site modifications, such as electrical and mechanical permits. Moreover, none of the exceptions to the Categorical Exemption apply nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. General Plan Consistency: The proposed establishment is located within the Community Commercial (CC) General Plan land use area, the purpose of which is to provide opportunities and locations for uses designed to serve the shopping, dining, and employment desires of the entire community. The Community Commercial land use designation provides space for locally oriented commercial uses including retail stores, restaurants, professional and medical offices, personal services, and including health and fitness uses. The site is located within the Pacific Coast Highway Character Area. The Pacific Coast Highway corridor serves as the primary entry point into Hermosa Beach, as well as a pass-through corridor City of Hermosa Beach Printed on 2/20/2024Page 8 of 9 powered by Legistar™112 Staff Report REPORT 19-0539 between Manhattan Beach and the Palos Verdes Peninsula. There should be a variety of commercial uses including health and fitness, retail, office, residential and auto-oriented uses along the corridor. The proposed use implements the following PLAN Hermosa goals and policies: Community Governance policies 5.1 Residential and commercial compatibility, 5.7 Visitor and resident balance, 6.2 Regional presence, 7.5 Health-promoting uses, 7.9 Healthy commercial products and Land Use and Design policies 1.3 Access to daily activities, 1.5 Balance resident and visitor needs, 1.7 Compatibility of uses, 1.8 Respond to unique characteristics, 1.9 Retain commercial land area, 13.2 Social and health needs, 13.4 Private health uses, and 13.6 Connecting health and land use. Summary: Based on the analysis above, the proposed gymnasium/health and fitness center, limited (assembly hall) use located at 307 Pacific Coast Highway (Game Ready Performance), as conditioned, is consistent with the Hermosa Beach Municipal Code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolutions for amendments to CUP 18-9 and PARK 19-4, and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Attachments: 1. Proposed Approval Resolution for CUP 2. Proposed Approval Resolution for PARK Parking Plan 3. Applicant Submittal Business Narrative, Plans and Site Photos 4. Zoning Map and Aerial Photo 5. Legal Poster and Radius Map 6. Planning Commission Minutes, Report and Request Letter 11-18-97 7. Planning Commission Resolution 93-52 8. Letter from Carol Vernon and Dwight Glasscock dated 8-13-19 Respectfully Submitted by: Christy Teague, Contract Senior Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 9 of 9 powered by Legistar™113 1 P.C. RESOLUTION 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT (CUP 18-9) FOR A LIMITED GYMNASIUM/HEALTH AND FITNESS (ASSEMBLY HALL) USE LOCATED AT 307 PACIFIC COAST HIGHWAY (GAME READY PERFOMANCE), HERMOSA BEACH, CA; AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Jacquelyn Guerra with “Game Ready Performance,” seeking approval of a limited gymnasium/health and fitness (assembly hall) use located at 307 Pacific Coast Highway (proposed Game Ready Performance). SECTION 2. The Planning Commission conducted a duly noticed public hearing on August 20, 2019, to consider the application for Amendment to Conditional Use Permit 18-9 at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301(a), Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure but includes outdoor adjustments and minor site modifications, such as electrical and mechanical permits. Moreover, none of the exceptions to the Categorical Exemption apply nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. SECTION 4. Based on the foregoing factual findings the Planning Commission makes the following findings for the Conditional Use Permit pursuant to Hermosa Beach Municipal Code Section 17.40.020, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: 17.40.020 General criteria for all uses A. Distance from existing residential uses: The nearest residence is a nonconforming residential use located approximately 20 feet northwest of the rear (west) property line within the SPA-7 commercial zone and the nearest residential zone is located approximately 60 feet northwest of the rear (west) property line within the R-2 Two Family Residential zone. Conditions of approval are included in the draft resolution to reduce potential noise and vibration impacts to existing 114 2 nearby residential uses, which include requiring sound dampening mats to be located under all equipment, requiring that the building be equipped with air conditioning and requiring that noise emanating from the property comply with the City's Noise Ordinance. A gym use has operated at this site since 1993 beginning with Boxing works from 1993 to 2014 which was then replaced with a children’s play gym (Play Hive) from 2014 to 2017. Game Ready occupied the space in 2017 and has been in operation since. There have been no complaints for the prior or current businesses. Potential impacts are detailed further in criteria I below. As conditioned, the proposed use is not anticipated to create adverse impacts to nearby residential uses. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The applicant proposes to continue the gymnasium/health and fitness use established by CUP 93-15 and PARK 93-3, which allowed the use to be established on an existing property, both indoors and outdoors, with no on-site parking. The site is land-locked and relies on the public parking lot across 3rd Street and other street parking. There are 22 off- street parking spaces in the City public parking lot provided across 3rd Street behind 201- 233 Pacific Coast Highway. Pursuant to P.C. Resolution 93-52, the less-than-required parking “was justified and demonstrated that adequate parking was provided and/or was already available for customers that need parking.” The parking requirement for Gymnasiums/ health and fitness centers less than or equal to 3,000 square feet and with less than or equal to 20 students at one time, if classes are offered, is 1 off-street parking space per 250 square feet of gross floor area (includes exterior site area for outdoor uses) per HBMC Section 17.44.030 equivalent to the parking requirement for general retail commercial uses. Approximately 480 square feet of the rear outdoor area will be used for bicycle parking only in order to limit the gross usable area to 3,000 square feet. The bicycle parking area is not considered to be gross floor area since it is not usable for the primary business operations except for bicycle parking. Since the use will have the equivalent parking requirement as previously approved by CUP 93-15 and Parking Plan 93-3, no additional parking is required or proposed. As conditioned, the proposed use is not anticipated to create adverse parking impacts. C. Location of and distance to churches, schools, hospitals and public playgrounds: Bi-Centennial Park, located at 4th Street and Valley Drive, is the nearest of these types of sensitive receptors at approximately 1,000 feet west of the project site. Due to the distance and continuation of the gymnasium/health and fitness assembly use, the proposed use is not anticipated to have adverse effects on Bi-Centennial Park. Conditions of approval have been added to the draft resolution to mitigate potential impacts and it is unlikely that the proposed use will affect similar sensitive receptors in the vicinity. D. The combination of uses proposed: The entire 1,600 square foot building and 1,400 square foot outdoor area (excluding 480 square feet of deactivated bicycle parking area) will be dedicated to the gymnasium/health and fitness center and will not be combined with any other uses. Because the use will be located within a single- tenant building, the proposed use, as conditioned, is anticipated to have minimal impacts on the surrounding commercial 115 3 uses/buildings. Noise and vibration impacts and mitigations are detailed further in criteria I below, while parking is detailed in criteria B above. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: In order to assure compatibility with surrounding uses, the business owner proposes to utilize sound speakers within the building only and not in the outdoor area. The business owner proposes stationary equipment with shock absorbers within the building and portable soft equipment only in the outdoor area. The rear 480 square foot outdoor area will be utilized for bicycle parking only. The number of people on-site, as proposed by the business owner, is limited to a maximum of three employees during their busiest periods and a maximum of 20 students/clients during peak hours (9:00 A.M and 9:00 P.M. daily) and all business operations will be contained on-site. These precautions are intended to minimize impacts related to noise, vibration and parking. Conditions of approval are included to ensure these precautions are maintained throughout the life of the operation, and as conditioned, it is anticipated that the proposed establishment will be compatible with existing surrounding uses. Noise and vibration impacts are detailed further in criteria I below. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: The proposed gymnasium/health and fitness center is not anticipated to generate additional trips because the capacity of the existing building and outdoor area will not increase. Through the reduction of 480 square feet of outdoor area and utilizing the space for bicycle parking only, the business operations are limited to 3,000 square feet with class sizes limited to 20 students, consistent with the class size of gymnasium/health and fitness uses and with the general retail parking requirement.Pacific Coast Highway is classified as a Major Arterial Street designed to carry large volumes of traffic. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: No proposed exterior façade modifications are proposed with this request. Any proposed signage will require a separate sign permit application and conform to the HBMC Section 17.50 for Signs. H. The number of similar establishments or uses within close proximity to the proposed establishment: Game Ready Performance will be a specialty fitness facility providing curriculum development for teams and elite athletes, fitness assessments, and recovery lab services after workouts and games. Other health and fitness facilities located nearby include South Bay Jiu Jitsu directly to the north at 325 Pacific Coast Highway, Anytime Fitness at 300 Pacific Coast Highway, Poise Fitness at 428 Pacific Coast Highway, and CrossFit South Bay at 725 5th Street. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: 116 4 The proposal is to designate the front portion within the building (1,600 square feet) to performance training and sports-related physical activity, stretching, fitness assessments, recovery services on stationary equipment (with applicable no/low impact shock absorbers), education and curriculum development, data analysis, and office work. The indoor area stationary equipment includes manual/powered treadmills (5), hydro-rowers (2), and a supercat machine for vertical jump assessments (1). The outdoor area (1,400 square feet) is designated for performance training and sports-related physical activity, meditation and stretching, education and curriculum development, and physical measurements. Outdoor equipment will include balls, hoops, goals, cones, bungees and plyometric jump boxes. The proposed hours of operation with clients present will be limited to 9 A.M. to 9 P.M. The business owner proposes a speaker in the indoor portion of the building be used when the roll-up doors and windows are closed. The tenant space has existing air conditioning and ventilation, which facilitates keeping all doors and windows closed during periods of amplified sound inside the building. Conditions of approval are included in the draft resolution to ensure compatibility of the proposed use with surrounding uses, such as closing the doors when amplified sound is provided within the building, maintaining a neat and clean premises, complying with the City's Noise Ordinance, all activities must be conducted on-site and not in public right-of-way areas, and strictly prohibiting any dropping of weights. In addition, the project is conditioned to require that a Temporary Minor Special Event Permit, pursuant to HBMC Section 17.42.150, be obtained for all events on-site. The proposed health and fitness facility use, as conditioned, is not anticipated to create adverse impacts. J. Impact of the proposed use to the city’s infrastructure, and/or services: The existing building is adequately served by the various utility companies, infrastructure and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. K. Will the establishment contribute to a concentration of similar outlets in the area: There are several fitness uses located within the City of Hermosa Beach, with approximately five facilities located along or nearby the Pacific Coast Highway Corridor, including the adjacent South Bay Jiu Jitsu. Fitness centers are health based and community-serving businesses, which support the Hermosa Beach health conscious beach culture and the associated goals and policies of PLAN Hermosa. However, unlike other fitness facilities, the proposed gymnasium/health and fitness center offers a specialized service to the community to provide elite athletic training, analysis, assessments and recovery services by appointment only. Due to the size and type of the proposed business, there are no anticipated negative impacts from a concentration of the fitness-based businesses. L. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The proposed application is an Amendment to CUP 93-15 and Parking Plan 93-3. The proposed resolutions for the new CUP 18-9 and Parking Plan 19-4 include applicable conditions from the 1993 approvals plus new conditions. These new resolutions will supersede the previously-approved 1993 Resolution 93-52. 117 5 SECTION 5. Based on the foregoing, the Planning Commission hereby approves the requested Conditional Use Permit Amendment, subject to the following Conditions of Approval: 1. This resolution of approval supersedes Resolution 93-52 for CUP 93-15 and Parking Plan 93-3. 2. The subject property shall additionally comply with Parking Plan P.C. Resolution 19-XX. 3. The proposed project shall be substantially consistent with plans submitted and approved by the Planning Commission on August 20, 2019. Minor modifications that do not affect scale, type, location or intensity of uses or impacts thereof may be approved by the Community Development Director when not in conflict with the findings or conditions of this permit or the Municipal Code. Any substantial deviation must be reviewed and approved by the Planning Commission. 4. The hours of operation with clients present shall be limited to between 9:00 A.M. and 9:00 P.M. daily. 5. All gymnasium/health and fitness, limited (assembly hall) activities/functions, which generally includes stationary equipment within the building such as treadmills, rowers, and zero-gravity chairs, shall be limited to the interior 1,600 square foot building and includes temporary and portable sport-specific equipment in the exterior 1,400 square feet of the outdoor area, as designated on plans. 6. All doors and windows shall be closed during the hours of operation when the interior speakers are on and the building shall be equipped with air conditioning. 7. Sound dampening mats shall be located under all weight equipment within the gymnasium/health and fitness facility (assembly hall). 8. Weight dropping shall be strictly prohibited. 9. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments. 10. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the outdoor area of the tenant space or situated so as to be clearly visible to the public right-of-way (sidewalk). 11. Management shall be responsible for maintaining noise volumes at reasonable levels. 118 6 12. All activities shall be contained on-site. No training is permitted on the sidewalk or in public right-of-way areas. 13. A Temporary Minor Special Event Permit, pursuant to Hermosa Beach Municipal Code Section 17.42.150, shall be obtained for all events on-site. 14. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 15. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. 16. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 17. The project and operation of the business shall comply with all applicable requirements of the Hermosa Beach Municipal Code. 18. The practice of washing and rinsing floor mats, equipment, tables, etc., or discharge of any liquids, other than Storm water, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 19. Exterior and interior water use shall comply with Chapter 8.56. 20. The operation shall comply with all requirements of the Building, Fire and Public Works Departments. 21. The project shall maintain in conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Disabled Access Standards (Government Code Title 24) and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 22. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. 119 7 SECTION 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. SECTION 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION 120 8 I hereby certify the foregoing Resolution P.C. 19--XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their adjourned regular meeting of August 20, 2019. ___________________________ ____________________________ David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 121 Page 1 – PARK 19-4 65270.00001\32270478.1 P.C. RESOLUTION 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AMENDMENT (PARK 19-4) IN CONJUNCTION WITH A CONDITIONAL USE PERMIT AMENDMENT (CUP 18-9) FOR A LIMITED GYMNASIUM/HEALTH AND FITNESS (ASSEMBLY HALL) USE LOCATED AT 307 PACIFIC COAST HIGHWAY (PROPOSED GAME READY PERFOMANCE), HERMOSA BEACH, CA; AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Jacquelyn Guerra with “Game Ready Performance,” seeking approval of a limited gymnasium/health and fitness (assembly hall) use located at 307 Pacific Coast Highway (proposed Game Ready Performance). Section 2. The Planning Commission conducted a duly noticed public hearing on August 20, 2019, to consider the application for Amendment to Parking Plan (PARK 19-4) in conjunction with an Amendment of Conditional Use Permit 18-9 (CUP 18-9) at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301(a), Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure and involves only minor alterations to the interior of the structure but includes outdoor adjustments and minor site modifications, such as electrical and mechanical permits. Moreover, none of the exceptions to the Categorical Exemption apply nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following factual findings pursuant to Hermosa Beach Municipal Code Section 17.44.210 pertaining to the application for a Parking Plan amendment: Parking Plan Criteria, Conditions and Standards HBMC Section 17.44.210 states that a parking plan may be approved by the planning commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. The Planning Commission finds 122 Page 2 – PARK 19-4 65270.00001\32270478.1 that less than required parking (no spaces provided) is acceptable for the use based on the below factors. 17.44.210 Factors to be considered A. Van pools, Though most in-office appointments are for individuals, teams may occasionally come to the business location. For these cases, a condition of approval has been included in the Parking Plan resolution to encourage team appointments to utilize van pools when possible. B. Bicycle and foot traffic. Through the reduction of 480 square feet of outdoor area, new bicycle parking will be provided for clients and employees traveling by bicycle. A condition of approval has been included in the Parking Plan resolution to encourage local clients and employees to travel by bicycle when possible. C. Common parking facilities. A gymnasium/health and fitness center was established in 1993 by CUP 93-15 and PARK 93-3, which allowed the use to be established in an existing building with no on- site parking. The site is land-locked and relies on the public parking lot across 3rd Street. There are 22 off-street parking spaces in the City public parking lot provided across 3rd Street behind 201-233 Pacific Coast Highway. Pursuant to P.C. Resolution 93-52, the less-than-required parking “was justified and demonstrated that adequate parking was provided and/or was already available for customers that need parking.” D. Varied work shifts. All clients are scheduled by appointment only. Staffing needs are according to appointments scheduled during the hours of 9:00 A.M and 9:00 P.M., which varies according to the daily needs. It is anticipated that there will be no more than 3 staff members on-site at peak time periods. E. Valet parking. No valet parking is requested as part of this application. F. Unique features of the proposed uses. None noted. G. Other methods of reducing parking demand. Through the reduction of 480 square feet of outdoor area and utilizing the space for bicycle parking only, the business operations are limited to 3,000 square feet with class sizes limited to 20 students, consistent with the class size of gymnasium/health and fitness uses and with the general retail parking requirement. H. Peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multi-tenant buildings. 123 Page 3 – PARK 19-4 65270.00001\32270478.1 Clients are scheduled by appointment only, which allows consideration of parking availability. Typically peak weekend and evening hours which are most popular for restaurants are not as popular for the business operations of the proposed gymnasium/health and fitness center. Domino’s Pizza and Hermosa Saloon are located adjacent to the shared parking lot behind 201-207 Pacific Coast Highway. They are served by on-site parking as well as the shared public parking lot. Section 5. Based on the foregoing, the Planning Commission hereby approves the proposed Parking Plan amendment 19-4 subject to the following Conditions of Approval: 1. The proposed project shall be substantially consistent with plans submitted and approved by the Planning Commission on August 20, 2019. Minor modifications that do not affect scale, type, location or intensity of uses or impacts thereof may be approved by the Community Development Director when not in conflict with the findings or conditions of this permit or the Municipal Code. Any substantial deviation must be reviewed and approved by the Planning Commission. 2. This resolution approval supersedes Resolution 93-52 for CUP 93-15 and Parking Plan 93-3. 3. The subject property shall additionally comply with Conditional Use Permit P.C. Resolution 19-XX. 4. Applicant shall encourage team appointments to utilize van pools when possible. 5. The applicant shall encourage local clients and employees to travel by bicycle when possible. 6. The rear 480 square feet of outdoor area shall be reserved for bicycle parking and storage only, as shown on approved plans. 7. A Temporary Minor Special Event Permit, pursuant to Hermosa Beach Municipal Code Section 17.42.150, shall be obtained for all events on-site. 8. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit, in addition to CUP P.C Resolution 19-XX, and any law, statute, ordinance or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 9. Approval of this permit shall expire thirty-six (36) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby and by the Conditional Use Permit and Parking Plan have commenced. One or more extensions of time may be requested. No extension shall be considered unless requested in writing to the Community Development Director, 124 Page 4 – PARK 19-4 65270.00001\32270478.1 including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Parking Plan amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the final decision on this Parking Plan (either by the Planning Commission, or the City Council should they take jurisdiction of the project), must be made within 90 days after the final decision. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION 125 Page 5 – PARK 19-4 65270.00001\32270478.1 I hereby certify the foregoing Resolution P.C. No. 19-4 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of August 20, 2019. ______________________________ ______________________________ David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 126 127 128 129 130 131 132 133 134 135 Zoning Map and Aerial Photo 136 Legal Poster and Radius Map 137 138 139 140 141 142 143 144 145 146 147 8/20/19 AGENDA, ITEM 10 SUPPLEMENTAL 17 letters submitted to the Community Development Department 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, August 19, 2019 10:52 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Cameron Paulson submitted a new eComment. Meeting: Planning Commission Meeting Item: 10. REPORT 19-0539 CUP 18-9 and PARK 19-4- Conditional Use Permit and Parking Plan Amendment request for a gymnasium/health and fitness center, limited (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). eComment: Hermosa Beach Planning Commission and City Council, My name is Cameron Paulson. I’m 24 years old and have grown up in the South Bay my entire life. I’ve had a position at Game Ready Performance for over one year and currently act as their Director of Operations overseeing their flagship location in Hermosa Beach. After college, travel and multiple jobs have taken me elsewhere, I still find myself right back where I started... home. And I don’t mean the literal home I grew up in with a roof and a door, I mean the feeling of being home when I have my toes in the sand, when I walk the Green Belt or drive to Portuguese Bend. It’s a feeling that keeps myself and so many others coming back to the South Bay. The feeling of comfort, belonging, pride and love for such a beautiful place with such an amazing community. Game Ready Performance has not only given me a stable, reliable and growing job opportunity, it has also given me yet another place to call home. Living in an area that requires a higher amount of income to carry out daily life, I am beyond grateful to GRP for being able to support my dreams and be a driving factor in helping plant my roots in a community I plan on living in for the rest of my life. This space welcomes young professionals and helps them turn aspirations into careers all while showing our youth athletes that a life and career in this setting is within reach. Being in such a central location in the South Bay, the GRP facility gives me the ability to walk or ride a bike to work. As I am in direct contact with our athletes and their families, the topic of parking has never been an issue I’ve had to address. I am proud to be apart of a company that facilitates not only positive and healthy physical growth but mental growth as well. Each day, GRP instills values of self confidence and positive affirmations helping our clients become better athletes and more conscious and caring members of society. Game Ready Performance is a beacon of positive light, a safe space for our athletes, a tranquil place to process and decompress in a 170 world that sometimes feels so heavy but most importantly a home for so many people in the South Bay community. I am and will always be Game Ready. Cameron Paulson View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 171 307 Pacific Coast Highway – Game Ready Performance Timeline November 2017: Regarding a business license application inquiry at the public counter, staff informed the applicant that a CUP was needed for the proposed use. Staff provided the applicant the CUP application and guidelines. December 2017: Sign Permit not accepted; Staff informed contractor at counter that a sign permit application could not be processed at the time because the proposed use required a CUP. 12/20/17: Applicant submitted Business License application with revised business description to try to avoid the need for a CUP. This is the application that staff has on file. 01/18/18: Applicant emailed staff for a status update regarding business license review; Staff emailed the applicant the same day letting them know the City was still reviewing the application. 01/22/18: Planning staff informed the applicant via email that their proposed business is classified as an assembly use (fitness center) and requires a CUP. 07/25/2018: City received CUP application materials. 08/21/2018: City Staff sent review comment letter via email to applicant and, after review of City records, noted the application includes a CUP and Parking Plan amendment (27-day City turnaround time). 12/03/18: Due to project inactivity, Code Enforcement division emailed a correction letter to the applicant informing them that the business was operating without a business license and without zoning approval. 12/17/2018: City received revised plans (118-day applicant turnaround time) 01/10/2019: City Staff sent review comment letter via email to applicant (4 out of the 7 corrections listed were unaddressed correction items from the 1st review comment letter). (24-day City turnaround time) 05/30/2019: City Attorney office conference with applicant to discuss their need to complete the application to resolve their ongoing violation of operating without a CUP. 06/24/2019: City received revised application materials from the applicant (166-day applicant turnaround time). 07/15/2019: City staff deemed the application complete and scheduled the CUP and Parking Plan for August Planning Commission meeting (22-day City turnaround time). 08/20/2019: Planning Commission Consideration of CUP 18-9 and PARK 19-4 Parking Plan. *Several meetings were held with Planning Staff, Planning Manager, Community Development Director between above action dates 8/20/19 AGENDA, ITEM 10 SUPPLEMENTAL Timeline submitted by the Community Development Department 172 8/20/19 AGENDA, ITEM 10 SUPPLEMENTAL Instagram Posts submitted by the Community Development Department 173 174 175 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, August 20, 2019 12:48 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Giovanni Partida submitted a new eComment. Meeting: Planning Commission Meeting Item: 10. REPORT 19-0539 CUP 18-9 and PARK 19-4- Conditional Use Permit and Parking Plan Amendment request for a gymnasium/health and fitness center, limited (assembly hall) at 307 Pacific Coast Highway (Game Ready Performance), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). eComment: Hermosa Beach Planning Commission and City Council, My name is Giovanni Partida. I’m 24 years old, born and raised in the South Bay and have been lucky enough to have a position with Game Ready Performance for the past 7 years. Starting as a young athlete in college, I found Game Ready Performance as a means to set myself apart from other players on the field. What I didn’t expect at the beginning of my training, was to find not only a passion, but a career that allowed me to reciprocate the powerful knowledge, guidance and training that was once given to me. At Game Ready Performance, athletes are able to develop a close relationship with their data and their bodies. Each day, our wearable technology (heart rate monitors) collect heart rate variability information from each athlete that walks through our doors. Throughout each session data is communicated consistently. That being said, while the environment is upbeat, the level of noise is never louder than the sound of my voice in order to effectively communicate information. Another aspect of GRP is a mental building pillar. Dreams are actualized and aspirations become a realities when our athletes have a positive mindset and apply it to their lives. Every day I walk into GRP is a new day to help an athlete grow closer to being their best self both on and off the field. Game Ready has cultivated an environment where athletes are empowered to transform themselves into who they desire to be. I am so grateful to be able to do what I love in a city and community that is supportive of its youth and its local business owners to follow their dreams. Giovanni Partida View and Analyze eComments 176 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0542 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 A-14#63- Planning Commission consideration of a small lot exception to open space and lot coverage requirements otherwise required in the Single-Family Residential (R-1) zone for a new single-family residence at 3411 The Strand, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant/Owner:Frank Khulusi 942 Highland Avenue Manhattan Beach, CA 90266 Recommended Action: Adopt the attached resolution to determine that the small lot exception to open space and lot coverage requirements are warranted for the proposed single-family residence. Background: The subject lot is located at the northwest corner of the city. The lot fronts on The Strand, a paved path that runs along the beach, and the lot is accessed from a service road to the east that runs parallel to Hermosa Avenue. The nearest cross street is 34th Street. The 2,275 square foot lot is 35 feet wide, 65 feet deep, and contains an existing two-story duplex constructed in 1927. The duplex totals 2,443 sq. ft. in size, exclusive of the garages. The existing duplex is legal nonconforming to parking requirement with a total of two parking spaces rather than a total of five parking spaces (four standard parking spaces and 1 shared guest required for a duplex). The existing building is nonconforming to height and yard setbacks. In addition, the existing duplex is a nonconforming use because it contains two units on a R-1 zoned lot. City of Hermosa Beach Printed on 2/20/2024Page 1 of 8 powered by Legistar™177 Staff Report REPORT 19-0542 The applicant proposes to demolish the legal nonconforming existing duplex to construct a new two- story single-family residence with a basement level. As part of their application, the applicant requests the Planning Commission determine that the small lot exceptions to open space and lot coverage requirements are warranted. Analysis The applicant proposes to construct a two-story single-family residence with a basement level consisting of 3,850 sq. ft. of living space on a 2,275 square foot lot. The proposed single-family residence contains a basement floor level comprised of a family room and bar area, guest bedroom, and two bathrooms. There is a 300 square foot open space patio directly west of the basement level and adjacent to The Strand. The first floor level contains a two-car garage and guest parking space (all of which are accessible from the Hermosa Avenue service road), great room, dining room, kitchen, bathroom, and a 63 square foot west facing balcony (it should be noted that this balcony does not count towards the open space requirement because the dimension is less than 7’ length x 7’ width). The second floor level contains four bedrooms and four bathrooms and a 90 square foot west facing balcony (it should be noted that this balcony does not count towards the open space requirement because the dimension is less than 7’x7’). In addition, there is a 293 square foot roof deck with a swimming pool (100 sq. ft. maximum roof deck area counted towards open space requirement). Lots that are 2,100 sq. ft. or less are considered a small lot, and while subject to R-1 development standards are granted the exception of the open space and/or lot coverage requirements “by right” pursuant to Hermosa Beach Municipal Code (HBMC). Pursuant to HBMC Section 17.08.040 (Development Standards for Small Lots), “Lots within ten percent (10%) of the lot size identified above (i.e., lots ranging from two thousand one hundred one (2,101) to two thousand three hundred ten (2,310) square feet may also be considered for some or all of the lot coverage and/or open space exceptions for small lots… subject to review and approval by the Planning Commission if warranted by any of the following considerations:” 1.To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood. 2.To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures. 3.To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone. 4.To address unusual lot configurations or topography, as compared with surrounding lot and development patterns. The following is a comparison table between the R-1 zone requirements and R-1 zone with “Small Lot” Exceptions, and how they relate to the proposed single-family residence. R-1 Zone Requirement With Small Lot Exception Proposed Residence Lot Coverage 65%70%68.39% Minimum Open Space 400 sq. ft.300 sq. ft.400 sq. ft. Open Space on Balconies/Decks 100 sq. ft. (Maximum) N/A 100 sq. ft. Directly Accessible to Livable Area N/A 180 sq. ft. (minimum) 300 sq. ft. Minimum Dimension for Open Space (length x width) 10’ x 10’7’ x 7’35’ x 7’-9 1/4” to 9’5” City of Hermosa Beach Printed on 2/20/2024Page 2 of 8 powered by Legistar™178 Staff Report REPORT 19-0542 R-1 Zone Requirement With Small Lot Exception Proposed Residence Lot Coverage 65%70%68.39% Minimum Open Space 400 sq. ft.300 sq. ft.400 sq. ft. Open Space on Balconies/Decks 100 sq. ft. (Maximum) N/A 100 sq. ft. Directly Accessible to Livable Area N/A 180 sq. ft. (minimum) 300 sq. ft. Minimum Dimension for Open Space (length x width) 10’ x 10’7’ x 7’35’ x 7’-9 1/4” to 9’5” The applicant requests the Planning Commission grant the following small lot exceptions: 1.Minimum 7’ x 7’ (length x width) open space dimensions instead of 10’ x10’; and 2.Provide 68.39 percent lot coverage instead of 65 percent maximum lot coverage. As part of the small lot exception, the applicant is also requests the Planning Commission interpret that a 30-inch balcony projection that partially covers the 300 sq. ft. basement level open space area and partially covers the 7’ dimension, is not considered an obstruction, thus allowing all 300 sq. ft. to count towards the required open space total. If this interpretation is not made, then none of the 300 sq. ft. basement level open space area will qualify or contribute to the required open space requirement since the basement level open space would be less than the minimum dimension for open space - 7’ x 7’ (length x width). Pursuant to HBMC Section 17.04.040 "‘Open space’" means areas which are from ground to sky free and clear of any obstructions or obstacles unless otherwise specified within each zone classification. Minor obstacles such as telephone and power lines or similar obstacles, and obstructions such as eaves or entryway overhangs, a maximum of thirty (30) inches wide, may encroach into open space areas in the R-1 zone. The applicant requests the Planning Commission consider, for this specific project, that this specific partial 30-inch balcony projection be viewed similar to an eave which is otherwise allowed to project over open space areas. Eaves are allowed to project over open space areas due to their limited size and ability to allow sunlight to reach open space areas as opposed to coverage that results in dark and unused open space areas. For this specific project, the limited 30- inch projection is limited in size and any dark and unused open space areas will be limited due to the design and layout of this specific basement level open space. As noted above, HBMC Section 17.08.040.C states that “lots that range between 2,101 to 2,310 square feet may be considered for some or all of the lot coverage and/or open space requirements… subject to approval by the Planning Commission if one of the four considerations can be made based on review of these considerations.” The applicant feels that the City can make three of the four considerations to the small lot exceptions. City of Hermosa Beach Printed on 2/20/2024Page 3 of 8 powered by Legistar™179 Staff Report REPORT 19-0542 Their explanation is attached as Attachment 5. Staff’s analysis of the application is contained below. The Planning Commission will note that Staff generally agrees with the applicant, and has made similar observations and conclusions. Consideration (#1):To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood. The applicant claims their proposed 3,850 sq. ft. of indoor living space is comparable to the that single-family residences within the immediate neighborhood along The Strand and east side of Hermosa Avenue between 26th Street and 35th Street. The immediate neighborhood consists of homes along The Strand and Hermosa Avenue from 26th Street to 35th Street. The homes fronting The Strand are zoned (R-1) Single-Family Residential, homes east of Hermosa Avenue are zoned (R-3) Multiple-Family Residential, and four lots to the south towards 26th Street are located within the (R-2) Two-Family Residential. As shown in the attached Living Area Square Footages in the Immediate Neighborhood exhibit (Attachment 4), Staff has confirmed that 59 percent of the 66 single-family residences exceed 3,500 sq. ft. of indoor living space and 48 percent exceed 3,800 sq. ft. of indoor living space. In addition, 24 of the 66 single-family residences in the immediate neighborhood have indoor living space that exceeds 4,000 sq. ft. Based on existing indoor living space square footage within the immediate neighborhood, the proposed 3,850 sq. ft. of indoor living space is comparable to the immediate neighborhood. Consideration (#2):To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures. This consideration is not applicable since this is a proposed single-family residence. Consideration (#3): To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone. The applicant claims the proposed design incorporates elements to reduce massing and provide visual interest to the public. The proposed design includes an articulated roof line and a facade with a staggered setback with a building orientation that takes advantage of opportunities for outdoor living space. The property fronts The Strand, a paved path that runs along the beach, and Hermosa Avenue service road. The property has a downward slope of 13 percent from east to west, which is approximately 9 ft. in elevation change from The Strand elevation and the Hermosa Avenue service road and the basement level of the proposed single-family residence. As a result of the grade change, the vehicle access is provided from the service road and creates a split or break between levels. The Hermosa Avenue frontage is occupied by a two-car garage and guest parking space; and therefore, it cannot be utilized for open space purposes. Staff agrees that the applicant’s design is innovative because it provides a mixture of west facing open space areas (plus the roof deck), while maintaining useable livable area. City of Hermosa Beach Printed on 2/20/2024Page 4 of 8 powered by Legistar™180 Staff Report REPORT 19-0542 Staff believes the innovative design elements used by the applicant include: 1.Providing a majority of the required open space, 75 percent (300 sq. ft. of the 400 sq. ft. provided) adjacent to The Strand and accessible from a primary living area (basement floor) and 25 percent (100 sq. ft. of 400 sq. ft.) on the roof deck. This contributes to a total of 400 sq. ft. of qualifying useable open space, exceeding the minimum 300 sq. ft. requirement for usable open space areas for the occupants of the home, and is similar to surrounding properties. Pursuant to HBMC Section 17.08.040.A, primary living areas are living rooms, family rooms, and kitchen and living room or family room combinations. Therefore, the proposed single- family residence contains two primary living area floor levels: The basement level with a family room and a wet bar area; and the second floor with a kitchen, dining room, and living room. 2.The applicant also proposes more narrow balconies on the first and second floor levels, which project over the basement level open space area. Although, the balconies do not qualify or contribute to required open space, since they are less than 7’ x 7’ (length x width). These open space amenities on the upper floor levels help to break up the façade and create visual interest. 3.The lot is a beach front residential property and therefore, the outdoor living areas are orientated towards the beach to capture the ocean views, similar to other homes along The Strand. The proposed single-family residence will provide a 300 sq. ft. basement level open space with 36-inches wall to increase the ocean view. Moreover, the proposed single-family residence will have a roof deck with a swimming pool, which will increase the opportunities for enjoyment of outdoor living spaces on the property. The proposed single-family residence meets the goals and intent of the open space by providing useable outdoor living area on all levels, plus the roof deck. The addition of large balcony doors on all floor levels will maximize the use of the open space. Staff believes that the applicant’s proposed design is innovative by breaking up the facade by providing decks facing The Strand to avoid the box-type massing appearance to create visual interest while taking advantage of the ocean views. Staff also believes that the applicant’s design provides a functional 300 sq. ft. of useable open space on the basement level that is directly accessible from the living area with a 293 sq. ft. of roof deck area (100 sq. ft. max counted towards the required open space requirement) meets the intent of the open space requirements. Consideration (#4):To address unusual lot configurations or topography, as compared with surrounding lot and development patterns. The applicant claims that subject lot has an irregular lot configuration in which the proposed on -grade open space is irregular in shape. The applicant states the 35’ front lot line along The Strand is not squared to the rest of the lot, therefore, the proposed open space has a starting width of 7.9’ at the north line and widening to 9.4’ at the south lot line. In addition, the applicant is claiming the lot has an unusual topography due to the downwards slope from the rear to the front of the lot. City of Hermosa Beach Printed on 2/20/2024Page 5 of 8 powered by Legistar™181 Staff Report REPORT 19-0542 Lot Configuration Staff does believe the subject lot has unusual lot configuration because of its shallow lot depth of 65’ rather than a typical lot depth in the surrounding area of 90’ to 100’. The lot also has a slightly irregular shape. Topography The subject lot fronts The Strand (west of the property) with paved path that runs along the beach, and Hermosa Avenue service road (east of the property). The subject lot has an unusual topography in that it has a significant downward slope with a 13 percent grade change from east to west of the property. The service road is approximately nine feet higher in elevation than The Strand elevation and access to parking can only be provided from the service road. The proposed single-family residence meets all minimum required yard setbacks with a slightly greater front yard setback for all floor levels. The proposed 68.39 percent lot coverage in which the building occupies 1,556 sq. ft. of lot that does not result in a bulky appearance or massing of the building. The proposed building occupies 77.25 sq. ft. more than the standard R-1 development standard instead of 65 percent standard maximum lot coverage. Accordingly, the single-family residence meets the intent and goals of the development standards for the R-1 zone by meeting a majority of the R-1 development standards with the exception to the open space and lot coverage requirements. Environmental Determination: The proposed single-family residence is Categorically Exempt from the California Environmental Quality Act as defined in Section 15303(a), Class 3 Exemption, New Construction or Conversion of Small Structures. The project consists of a single-family residence in an urbanized area, totaling no more than six dwelling units. Moreover, none of the exceptions to the Categorical Exemption apply. Nor will the project result in a significant cumulative impact. General Plan Consistency: The proposed single-family residence is located within a Low Density Residential (LD) Land Use designation. According to Plan Hermosa, “The purpose of this designation is to provide retention, maintenance, investment in single-family residential neighborhoods, and to protect residential uses from potential nuisances of nonresidential uses. This low density designation is also intended to provide the lowest levels and offer a high quality environment for family life, and ensure the preservation of residential property values.” The subject lot is also located within the Walk Street Neighborhood character area, which “provides a range of beach side residential development and neighborhood commercial services within a linear street network,” as stated in Plan Hermosa. In addition, the walk streets also provide beach access from Hermosa Avenue out to The Strand that is a feature unique to this beach front residential area. Plan Hermosa states,“The future vision for this character area is to maintain the high quality pedestrian connections through the walk streets and retain the form, scale, and orientation of buildings in this area by designing buildings to take advantage of the ocean view through the outdoor living areas facing the ocean.” The proposed project will be consistent in that it will serve as a lower City of Hermosa Beach Printed on 2/20/2024Page 6 of 8 powered by Legistar™182 Staff Report REPORT 19-0542 density single-family use and building has been designed to capture the ocean views through providing additional outdoor living opportunities. The proposed design features implement the following PLAN Hermosa goals and policies in the Land Use policies: 1.6 Scale and Context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing. The proposed single-family residence has outdoor and primary living areas facing the ocean similar to the surrounding neighborhood. Additionally, a roof deck with swimming pool is provided to increase the outdoor living opportunities. 2.5 Neighborhood Preservation. Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive, nonconforming buildings and uses. The proposal is to demolish the existing duplex, which is a nonconforming use and building, and to construct a new single-family residence. Elimination of the nonconforming use will preserve and enhance the neighborhood by ensuring the use of the site is consistent with the General Plan land use designation and the zoning code. 5.1 Scale and Massing. Consider the scale of new development within its urban context to avoid abrupt changes in scale and massing. The proposed single-family residence consists of a two-story with a basement level and west facing balconies. Due to the slope on the properties, it will have a three-story appearance facing The Strand and a two-story appearance facing the Hermosa Avenue service Road. This is similar to the other residences in the surrounding neighborhood; thus the proposed single- family residence will have a similar scale and mass as others in the area. Summary: Staff recommends the Planning Commission adopt the attached resolution to approve the small lot exception from open space and lot coverage requirements located at 3411 The Strand. Staff also recommends Planning Commission interpret that the 30-inch balcony projections do not obstruct the 300 sq. ft. proposed basement level open space area. The subject lot is consistent with HBMC Sections 17.08.040.C.1, 17.08.040.C.3, 17.08.040.C.4 because the property has an unusual lot configuration and topography, the proposed single-family residence will have comparable indoor living space in the immediate neighborhood, and the proposed single-family residence is an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1. Attachments: 1.Proposed Resolution 2.Site Photographs 3.Project Plans 4.Applicant’s Living Square Footages in the Immediate Neighborhood Exhibit City of Hermosa Beach Printed on 2/20/2024Page 7 of 8 powered by Legistar™183 Staff Report REPORT 19-0542 5.Applicant’s Discussion of Small Lot Considerations 6.Public Notice Posters 7.Radius Map Respectfully Submitted by: Kathy Khang, Assistant Planner Approved: Ken Robertson, Community Development Director Legal Review: Lauren Langer, City Attorney City of Hermosa Beach Printed on 2/20/2024Page 8 of 8 powered by Legistar™184 1 P.C. Resolution 19-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THE SMALL LOT EXCEPTION TO OPEN SPACE AND LOT COVERAGE REQUIREMENTS ARE WARRANTED FOR THE PROPOSED SINGLE- FAMILY RESIDENCE AT 3411 THE STRAND, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on January 17, 2019 by applicant/property owner, Frank Khulusi, seeking determination that the small lot exceptions to open space and lot coverage requirements are warranted for the proposed single-family residence at 3411 The Strand and determines that the project is categorically exempt from the California Environmental Quality Act (CEQA). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on August 20, 2019, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15303(a), Class 3 Exemption, New Construction or Conversion of Small Structures. The project consists of a single-family home in an urbanized area, totaling no more than six dwelling units. Moreover, none of the exceptions to the Categorical Exemption apply. Nor will the project result in a significant cumulative impact. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the small lot exceptions to open space and lot coverage requirements as outlined in Hermosa Beach Municipal Code (HBMC) Sections 17.08.040.C.1, 17.08.040.C.3, 17.08.040.C.4; thereby, the Planning Commission is warranted by three of the following considerations: 1. To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood. The immediate neighborhood consists of homes along The Strand and Hermosa Avenue from 26th Street to 35th Street. The homes fronting The Strand are zoned (R-1) Single-Family Residential, homes east of Hermosa Avenue are zoned (R-3) Multiple-Family Residential, and four lots to the south towards 26th Street are located within the (R-2) Two-Family Residential. Planning Commission finds that 59 percent of the 66 single-family residences exceed 3,500 sq. ft. of indoor living space and 48 percent exceed 3,800 sq. ft. of indoor living space. In addition, 24 of the 66 single-family residences in the immediate neighborhood have indoor living space that exceeds 4,000 sq. ft. 185 2 Based on existing indoor living space square footage within the immediate neighborhood, the proposed 3,850 sq. ft. of indoor living space is comparable to the immediate neighborhood. 2. To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures. This consideration is not applicable since this is a proposed single-family residence. 3. To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone. The property fronts The Strand, a paved path that runs along the beach, and Hermosa Avenue service road. The property has a downward slope of 13 percent from east to west, which is approximately 9 ft. in elevation change from The Strand elevation and the Hermosa Avenue service road and the basement level of the proposed single-family residence. As a result of the grade change, the vehicle access is provided from the service road and creates a split or break between levels. The Hermosa Avenue frontage is occupied by a two-car garage and guest parking space; and therefore, it cannot be utilized for open space purposes. Planning Commission agrees that the applicant’s design is innovative because it provides a mixture of west facing open space areas (plus the roof deck), while maintaining useable livable area. Planning Commission finds the innovative design elements used by the applicant include: a. Providing a majority of the required open space, 75 percent (300 sq. ft. of the 400 sq. ft. provided) adjacent to The Strand and accessible from a primary living area (basement floor) and 25 percent (100 sq. ft. of 400 sq. ft.) on the roof deck. This contributes to a total of 400 sq. ft. of qualifying useable open space, exceeding the minimum 300 sq. ft. requirement for usable open space areas for the occupants of the home, and is similar to surrounding properties. Pursuant to HBMC Section 17.08.040.A, primary living areas are living rooms, family rooms, and kitchen and living room or family room combinations. Therefore, the proposed single-family residence contains two primary living area floor levels: The basement level with a family room and a wet bar area; and the second floor with a kitchen, dining room, and living room. b. The applicant also proposes more narrow balconies on the first and second floor levels, which project over the basement level open space area. Although, the balconies do not qualify or contribute to required open space, since they are less than 7’ x 7’ (length x width). These open space amenities on the upper floor levels help to break up the façade and create visual interest. 186 3 c. The lot is a beach front residential property and therefore, the outdoor living areas are orientated towards the beach to capture the ocean views, similar to other homes along The Strand. The proposed single-family residence will provide a 300 sq. ft. basement level open space with 36-inches wall to increase the ocean view. Moreover, the proposed single-family residence will have a roof deck with a swimming pool, which will increase the opportunities for enjoyment of outdoor living spaces on the property. The proposed single- family residence meets the goals and intent of the open space by providing useable outdoor living area on all levels, plus the roof deck. The addition of large balcony doors on all floor levels will maximize the use of the open space. Planning Commission finds that the applicant’s proposed design is innovative by breaking up the facade by providing decks facing The Strand to avoid the box-type massing appearance to create visual interest while taking advantage of the ocean views. Planning Commission finds that the applicant’s design provides a functional 300 sq. ft. of useable open space on the basement level that is directly accessible from the living area with a 293 sq. ft. of roof deck area (100 sq. ft. max counted towards the required open space requirement) meets the intent of the open space requirements. 4. To address unusual lot configurations or topography, as compared with surrounding lot and development patterns. Lot Configuration Planning Commission finds the subject lot has unusual lot configuration because of its shallow lot depth of 65’ rather than a typical lot depth in the surrounding area of 90’ to 100’. The lot also has a slightly irregular shape. Topography The subject lot fronts The Strand (west of the property) with paved path that runs along the beach, and Hermosa Avenue service road (east of the property). The subject lot has an unusual topography in that it has a significant downward slope with a 13 percent grade change from east to west of the property. The service road is approximately nine feet higher in elevation than The Strand elevation and access to parking can only be provided from the service road. Section 5. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City 187 4 because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 19-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of August 20, 2019. David Pedersen, Chairman Ken Robertson, Secretary August 20, 2019 Date 188 Attachment 2 Site Photographs View from The Strand View from Hermosa Avenue 189 190 3411 THE STRAND HERMOSA BEACH, CA 90254 A NEW TWO STORY PLUS BASEMENT SINGLE FAMILY RESIDENCE:A NEW RESIDENCEPROJECTSITECONSULTANTSCIVIL SURVEY CONSULTANTSHEET INDEXPROJECT DATALEGAL DESCRIPTIONPROPERTY OWNERHERMOSA BEACH, CAVICINITY MAPSYMBOL LEGENDABBREVIATION A.H.A.W.B.O.W.C.H.CLG.CLR.COL.CONC.C.W.DIM.DN.ELEV.F.A.FLR.FX.HORZ.HT.LAND.LT.WT.MAX.MIN.OP.PLINE.REQ.SECT.S.F.E.SHT.SK.SL.T.O.W.ACTUAL HEIGHTAWNING WINDOWBOTTOM OF WALLCRITICAL HEIGHTCEILINGCLEARCOLUMNCONCRETECASEMENT WINDOWDIMENSIONDOWNELEVATIONFROM ABOVEFLOORFIXEDHORIZONTALHEIGHTLANDINGLIGHT WEIGHT CONCRETEMAXIMUMMINIMUMOPERABLEPROPERTY LINEREQUIREDSECTIONSUB FLOOR ELEVATIONSHEETSKEWEDSLOPEDTOP OF WALLDIFFERENTIAL IN FLOOR ELEVATION, FINISHSURFACE, OR CHANGE IN WALL PLANLIGHT WEIGHT CONCRETE FLOORELEVATIONTOP/BOTTOM RISER# OF RISERS UP/DOWNDN. 0 R. @ 0"ROOM NAMELIVING ROOMSLOPE RUNSLOPE RISEEXTENTS OF REVISIONREVISION NUMBERNORTH ARROW DESIGNATIONSKYLIGHT LETTER DESIGNATIONDOOR NUMBER DESIGNATIONWINDOW LETTER DESIGNATIONSECTION NUMBERSHEET NUMBERAA-00A1ASURFACE DESCRIPTIONSLOPED SURFACE(ARROW POINTS DOWN SLOPE)ELEVATION DESIGNATIONSHEET NUMBERROOF SLOPE DESCRIPTIONELEVATIONELEVATIONFLOW LINE(ARROW POINTS DOWN SLOPE)SUB FLOOR ELEVATIONSUB-FLOOR ELEVATIONAROOF SLOPE4:12CBA-00D100.00'100.00'100.00' S.F.E.LT.WT.S.F.E.CEILING HEIGHT8'-0" FLAT CLG.NORTHNORTHNOTESNOTESTSNH INVESTMENTSMANHATTAN BEACH, CA 90266NO. OF STORIES: 2 + BASEMENTNO. OF UNITS: 1ZONING:OCCUPANCY AND ZONINGOCCUPANCY:CONSTRUCTION TYPE: TYPE V-B= 2275 S.F.LOT SIZEBALCONIES/DECKS APPLICABLE CODESCITY, STATE, NATIONALLYSECOND FLOOR LIVINGSTORAGEAREA CALCULATIONSR3/UR1TOTAL LIVINGFIRST FLOOR LIVINGBASEMENT LIVINGGARAGE APN:4181-034-0011. BUILDING COMPLIES WITH 2013 CBC, 2013 CMC, 2013 CPC, 2013 CEC, AND CITY OF HERMOSABEACH.2. AQMD NOTIFICATION IS REQUIRED 10 DAYS BEFORE BEGINNING ANY DEMOLITION WORK.REQUIRED FORM IS AVAILABLE AT THE COMMUNITY DEVELOPMENT DEPARTMENT. PROVIDEPROOF OF NOTIFICATION (MAIL WITH RETURN RECEIPT) 10 DAYS BEFOREBUILDING PERMITIS ISSUED, OR COMPLETE ASBESTOSNOTIFICATION WAIVER.3. ALL BUILDING FEATURES PROJECTING INTO REQUIRED SETBACKS ARE INDICATED ONSITE/PLOT PLAN.4. SOILS REPORT SHALL BE PROVIDED TO THE BUILDING DEPARTMENT FOR ALL CUTS, FILLS, ANDEARTHWORK AS REQUIRED BY CBC SECTION 1804.5. STUMPS AND ROOTS SHALL BE REMOVED TO A DEPTH OF 12" IN THE AREA OCCUPIED BY THEBUILDING.6. INSTALLATION OF INTERIOR AND EXTERIOR WALL AND CEILING COVERINGS SHALL CONFORMTO CHAPTER 25 UBC.7. ALL WATER CLOSETS TO FLUSH WITH 1.6 GALLON MAX. AND ALL NEW PLUMBING FIXTURESSHALL BE CERTIFIED LOW FLOW FIXTURES.8. ALL HOSE BIBS MUST BE PROTECTED BY BACK FLOW PREVENTION AND HAVE AN ANTI-SIPHONDEVICE.9. PROVIDE APPROVED BACKWATER VALVE FOR ALL PLUMBING FIXTURES LOCATED BELOW THEELEVATION OF THE NEXT UPSTREAM MANHOLE COVER. FIXTURES ABOVE SUCH ELEVATIONSHALL NOT DISCHARGE THROUGH THE BACKWATER VALVE. PROVIDE CAST IRON WASTEPIPE RISERS.10. ALL WINDOW COVERINGS REQUIRED BY CFIR. FORM SHALL BE POSTED PRIOR TO FINALINSPECTION.11. WRITTEN APPROVAL FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT(SCAQMD). (714)396:2000 PER RULE 1403 FOR THE PROPER DISPOSAL OF ASBESTOS.12. ONLY LOS ANGELES COUNTY HEALTH DEPARTMENT APPROVED DEVICES MAY BE UTILIZEDFOR LANDSCAPE IRRIGATION BACK FLOW PREVENTION DEVICES.13. ALL SITE DRAINAGE SHALL BE TERMINATED AT PUBLIC WAY VIA NON-EROSIVE DEVICE PERHBMC.14. PROVIDE DRIP PAN OR SIMILAR DEVICE FOR LAUNDRY ROOM, WATER HEATER, ANDDISHWASHER.15. PROVIDE SURVEY STAKES PRIOR TO FOUNDATION INSPECTION TO VERIFY LOT LINES.16. THE ARCHITECT IS NOT RESPONSIBLE FOR SITE GRADING OR DRAINAGE.17. IAPMO APPROVAL REQUIRED FOR ONE PIECE LAVATORY.18. POST INSULATION COMPLIANCE CARD IN CONSPICUOUS LOCATION IN DWELLING PRIOR TOFINAL INSPECTION.19. IT IS THE GENERAL CONTRACTORS RESPONSIBLITY TO VERIFY THAT THE BUILDING IS WITHINTHE HEIGHT LIMIT PRIOR TO FRAMING THE ROOF RAFTERS. CONTACT THE CIVIL SURVEYCONSULTANTS.20. CONTROL VALVE FOR SHOWERS AND TUB/SHOWERS SHALL BE OF THE PRESSURE BALANCEOR THERMOSTATIC MIXING VALVE TYPE. UPC. SECT. 410.7.21. VERIFY CLEARANCES WITH OVERHEAD UTILITY LINES FROM ALL PERMANENT ANDTEMPORARY STRUCTURE INCLUDING SCAFFOLDING AND OTHER WORKING AREAS DURINGCONSTRUCTION. CLEARANCE TO BE 8 FT. HORIZONTAL AND 12 FT. VERTICAL. VERIFY WITHSOUTHERN CALIFORNIA EDISON CO. BEFORE COMMENCING CONSTRUCTION.22. PROVIDE PROTECTION TO PEDESTRIANS PER UBC SECTION 3303 DURING CONSTRUCTION.23. BUILDING ADDRESS SHALL BE PROVIDED ON THE BUILDING IN SUCH A POSITION AS TO BEPLAINLY VISIBLE AND LEGIBLE FROM THE STREET PER CBC SEC. 501.24. THE STRUCTURE SHALL COMPLY WITH THE SECURITY REQUIREMENTS OF "APPENDIXCHAPTER 10 SECURITY" OF HBMC.25. COOKING EQUIPMENT MUST BE LISTED FOR RESIDENTIAL USE.26. BUILDING ADDRESS SHALL BE PROVIDED ON THE BUILDING IN SUCH A POSITION AS TO BEPLAINLY VISIBLE AND LEGIBLE FROM THE STREET PER CITY CODE SECTION 502.27. ALL DOORS PROVIDING DIRECT ACCESS TO THE POOL SHALL BE EQUIPPED WITH A SELFCLOSING, SELF LATCHING DEVICE WITH A RELEASE MECHANISM PLACED NO LOWER THAN54" AFF. ALL THESE DOORS SHALL BE EQUIPPED WITH EXIT ALARMS. CBC SECTION3109.4.1.8.28. THE INSTALLATION OF A CONDUIT FROM THE ROOF TO THE SERVICE PANEL SHALL BEREQUIRED TO ASSIST AND ENCOURAGE THE INSTALLATION OF ROOF MOUNTED ENERGYCOLLECTION/GENERATION DEVICES FOR NEW RESIDENTIAL CONSTRUCTION OR ADDITIONSOR REMODELS WHERE: (1) THE EXPANSION EXCEEDS 50 PERCENT OF THE EXISTING GROSSFLOOR AREA: OR (2) THE COST OF REMODELING, EXPANSION OR IMPROVEMENT EXCEEDS 50PERCENT OF THE VALUE OF THE EXISTING STRUCTURE AS DETERMINED BY THE BUILDINGOFFICIAL. SAID ELECTRIC SERVICE PANEL SHALL BE OF ADEQUATE SIZE TO PROVIDECAPACITY FOR THE FUTURE ADDITION OF PHOTOVOLTAIC AND SOLAR THERMAL, OR OTHEREQUIVALENT ALTERNATIVE ENERGY PRODUCING DEVICE(S). SOLAR PANEL INSTALLATIONSAND OTHER ROOF ATTACHMENTS SHALL CONFORM TO THE PROVISIONS OF SECTION15.04.084.29. WHERE A DWELLING UNIT OCCUPIES TWO STORIES, INTERIOR ACCESS SHALL BE PROVIDEDBETWEEN STORIES BY AN OPEN UNENCLOSED STAIRWAY.30. CONDUIT FROM ROOF TO ELECTRIC SERVICE PANEL WILL BE REQUIRED.GENERAL NOTESEXCAVATION NOTES1. PROVIDE CONTINUOUS INSPECTION DURING EXCAVATION OF SHORING AND INSTALLATION OF SHORINGMEMBERS.2. AN EXCAVATION/CONSTRUCTION PERMIT SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF ANYIMPROVEMENTS WITHIN PUBLIC RIGHT-OF-WAY. THIS INCLUDES, BUT IS NOT LIMITED TO, STANDARDSIDEWALKS, CURBS, GUTTERS, DRIVEWAY APPROACHES, OR UNDERGROUNDING OF UTILITIES.3. CONTRACTOR TO PROVIDE EVIDENCE OF PERMIT FROM CALIFORNIA STATE DEPARTMENT OFINDUSTRIAL SAFETY FOR EXCAVATION 5'-0" OR DEEPER. CALL 213.736.3041.4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONTACT "DIG ALERT" PRIOR TO ANY EXCAVATION IN THEPUBLIC RIGHT-OF-WAY. (800) 227-26005. PROVIDE TEMPORARY SHORING OF ADJACENT PROPERTY. QUALIFIED PERSONS REGISTERED WITHTHE STATE SHALL DESIGN SHORING.6. A PERMIT IS REQUIRED FROM THE STATE DIVISION OF INDUSTRIAL SAFETY FOR TRENCHES OREXCAVATION 5' (1.52 METERS) OR DEEPER OR BUILDING/STRUCTURE OVER 3 STORIES HIGH, ORBUILDING OVER 36' (11 METERS) HIGH.OPEN SPACE CALCULATIONSACTUAL LOT COVERAGEMAX. ALLOWABLE LOT COVERAGE=70% X LOT SIZE (2275 S.F.) = 1592.5 S.F.LOT COVERAGE CALCULATIONS= 1556 S.F.= 68.39%ROOF = 100 = 400TOTAL OPEN SPACE SECOND FLOOR = 0BASEMENT FLOOR = 300(SEE SHEET A.00 FOR MORE INFORMATION)PROJECT SUMMARYNEW TWO STORY PLUS BASEMENT RESIDENTIAL BUILDING WITH ATTACHED GARAGE,DEMOLITION OF EXISTING BUILDINGR-1APN:4181-034-001LOT 1, THE DALE TRACT3411 THE STRAND, HERMOSA BEACH, CA. 90254PROJECT LOCATION:LEGAL DESCRIPTION:ASSESSOR PARCEL NO:ZONING:SCOPE OF WORK:GENERAL BUILDING INFORMATION (NOTE: FOR ADDITION AND REMODEL PROJECTS, PLEASEPROVIDE INFORMATION FOR EXISTING AREA AND ADDED AREA.)GARAGE (INTERIOR DIMENSIONS)BASEMENT LIVING2ND LEVEL LIVING AREADECKS/ BALCONIES17'-2"x20'-2"1469 S.F.1392 S.F.TOTAL LIVING AREATOTAL DECKS/ BALCONYNO.OF BEDROOMSNO.OF BATHROOMS55 FULL 2 HALFZONING INFORMATIONAREALOT AREALOT COVERAGEYARDSFRONTSIDEREARMAX 1592.5 S.F. (70% OF LOT)3'-6"PARKING AND DRIVEWAYS1REQUIREDPROVIDEDNUMBER OF SPACESGUEST SPACESPARKING SETBACKPARKING STALL DIMENSIONTURNING AREADRIVEWAY MINIMUM WIDTHDRIVEWAY MAXIMUM SLOPEOPEN SPACEON GRADEDECKS/ BALCONIESTOTAL2275 S.F.1556 S.F. (68.39% OF LOT)3'-6"6'-6" (ALL FLOORS)2218'-6"x20'-0"15'-6"8%100400300BASEMENT QUALIFICATION CALCULATION1ST LEVEL LIVING AREA989 S.F.90 S.F.3850 S.F.746 S.F.ROOF DECKS293 S.F.DECKS/ BALCONIES63 S.F.7'-5"(ALL FLOORS)3'(1st FLOORS) & 1'(FLOORS ABOVE)12.5%9'-0"17'-0"x20'-0"22'22'-212"2003001001ST LEVEL F.F. ELEVATIONLINEAL FEET (LF) OF PERIMETERLF OF PERIMETER <6' FROM GRADE TO F.F. ABOVE% OF PERIMETER <6' TO FF ABOVE2016 CBC, 2016 CMC, 2016 CPC, 2016 CEC, 2016 CRC, 2016 GBS, 2016 CEC, AND THECITY OF HERMOSA BEACHA.01SITE PLANA.02BASEMENT FLOOR PLANA.03PROJECT INFORMATIONCIVIL SURVEYC.01FIRST FLOOR PLANA.05SECOND FLOOR PLANELEVATIONSA.07ROOF PLANA.04G.01AREA CALC'SA.00SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWLOT 1,THE DALE TRACTM.B. 21-141APN 4181-034-001PHONE 310-963-1711 942 HIGHVIEW AVENUEA.06ELEVATIONSFIRST FLOOR = 03'(1st FLOORS) & 1'(FLOORS ABOVE)A.05.1CRITICAL POINT PLANG.01PROJECTINFORMATIONA.08SECTIONDECKS/BALCONIES300 S.F.PROVIDED8/14/2019 2:34:24 PM191 NOTE:A TITLE POLICY HAS BEEN PROVIDED AND REVIEWED BY DENN ENGINEERS AT THETIME OF THIS SURVEY. ANY READILY AVAILABLE ITEMS AFFECTING THIS PROPERTYHAVE BEEN PLOTTED BASED ON PROVIDED DOCUMENTS.USA NATIONAL TITLE COMPANYORDER NO. 071833027-GDDATED JULY 16, 2018SCALE 1" = 8'NO R T H N 65°07'00"E64.18' P/LN 24°53'00"W35.00' P/LN 65°07'00"E65.84' P/LN 65°02'41"E76.56'N 22°10'52"W185.36'N 22°10'52"W35.04' P/LN 24°53'01"W185.04'5.00'5.00'100.04'35.00'50.00'50.06'35.04'100.26'HERMOSA AVENUE5'34TH PLACETHE STRANDS'LY LINE R.S. 149-15N 65°07'00"E67.82'100.2299.7795.1995.279 7 . 0 7 97.43100.11100.29100.09 PC100.01100.29100.39100.1099.93 FL100.03WM99.94 FL100.26100.23100.25100.25100.27100.33102.04102.07102.05 TC101.56 FL101.75102.42 FL1 0 2 . 8 6 T C102.88 TC102.53 FL101.69101.58 FL102.68 TC102.26 FL101.56 FL101.70102.01 TC100.349 9 . 8 3 F LWMWV10 0 . 0 7 P C99.99100.01100.29 GFFWMGRD POST9 9 . 8 7 GRD POST100.169 9 . 9 1 99.80 FLPP100.17SIGN1 0 0 . 2 0 100.23101.94 TC101.53 FL101.63102.17 FL1 0 2 . 5 8 T C 91.67 PC90.20 91.6591.9292.5090.3590.23 9 3 . 0 3 9 3 . 7 3 93.8892.0593.0895.0899.6699.5191.7991.6091.61 PC 91.7091.6194.2795.4394.2994.2994.3095.74 FF91.2792.2692.3699.20 TW95.459 5 . 4 6 9 5 . 4 7 100.06100.04100.1095.5295.4892.9992.58127.09 RIDGE119.17 PPT124.63 RIDGE120.16 PPTBIKE LANECONC. GUTTEREXISTING RESIDENCEEXISTING RESIDENCEEXISTING RESIDENCESET L&T RCE 30826ON PROP. CORNERTAG ELEV = 100.09'FOUND L&T, NO TAG3.28' E'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 99.94'SET L&T RCE 308261.00' W'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 91.64'SET L&T RCE 308261.00' W'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 91.60'FOUND L&T RCE 20367 PER PWFB 0616-1596,1597FOUND L&T LS 5909 PER PWFB 0616-1596,1597FOUND NAIL PER PWFB 0616-1596,1597ESTAB. REC. BRNG. & DIST.FROM HERMOSA AVENUEPER PWFB 0616-1596,15972'-101 4" 2'-912"418"518"8'-838"DECK90'-0"TRANSIT LINEA.C. PAVEMENTCONC.DECKDECKDECKCONC.ANY CHANGES OR MODIFICATIONS MADE TO THIS PLANWITHOUT WRITTEN CONSENT OF DENN ENGINEERSSHALL RELIEVE DENN ENGINEERS FROM ANY LIABILITYOR DAMAGE RESULTING FROM SUCH CHANGES ORMODIFICATIONS, INCLUDING ANY ATTORNEYS FEES ORCOSTS INCURRED IN ANY PROCEEDING THAT DENNENGINEERS MAY BE JOINED.THE NOTATION ON THE PLANS FOR OFFSET DISTANCES. IF THERE ARE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT DENN ENGINEERS FOR CLARIFICATION AT :(310) 542-9433, M-F 8:00 AM TO 5:00 PM. CONCRETEBRICK106.76EXISTING ELEVATIONBLOCK WALLLEGEND100EXISTING CONTOURFIRE HYDRANTGARAGE FINISH FLOORLEAD AND TAGTOP OF CURBFLOW LINETOP OF WALL / T.O.W.TOP OF DRIVEWAY APRONBEGINNING OF CURB RETURNSPIKEFOUNDWESTERLYPROPERTY CORNER / PROP. CORNERFHGFFL&TTCFLTWTXBCRSPKFDW'LYPCXEXISTING FENCENORTHERLYN'LYSPIKE AND WASHERS&WPOWER POLEPPGUY WIREGWSTKSTAKE / STAKE & TAGPROPERTY LINE / PROP. LINEPL, P/LE'LYEASTERLYMHMANHOLESOUTHERLYS'LYWATER METERWMNOTE: ALL SETBACK DIMENSIONS SHOWN ARE MEASURED TO EXTERIOR SURFACE OF BUILDINGS UNLESS OTHERWISE NOTED.BOUNDARY MONUMENTS ARE NOT NECESSARILY SET ON PROPERTY CORNERS. PLEASE REFER TO GAS METERGMSSMHSANITARY SEWER MANHOLESTREET LIGHTSTLTC/LCENTERLINEFINISH FLOORFFEMELECTRIC METERSSCOSANITARY SEWER CLEAN OUTEXISTING BUILDINGWOOD DECKFENCEFEC.L.F.CHAIN-LINKPARAPETPPTTHIS MAP CORRECTLY REPRESENTS A SURVEYMADE BY ME OR UNDER MY DIRECTION INCONFORMANCE WITH THE REQUIREMENTS OFPROFESSIONAL LAND SURVEYORS' ACTR.C.E. 30826GARY J. ROEHL3914 DEL AMO BLVD, SUITE 921TORRANCE, CA 90503 (310) 542-9433ENGINEERSJOB ADDRESSLEGAL DESCRIPTIONFORDRAWN BYCHECK BYSHEET 1 OF 1DRAWN ONREVISIONSCOPYRIGHTJOB NO.3411 THE STRANDHERMOSA BEACH, CA 90254LOT 1,THE DALE TRACTM.B. 21-141APN 4181-034-001FRANK KHULUSI942 HIGHVIEW AVENUEMANHATTAN BEACH, CA 90266PHONE 310-963-1711 SURVEY ANDTOPOGRAPHYKWTSAUGUST 21, 2018REVISIONS18-341SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWCIVIL SURVEYSCALE: 1/8"=1'-0"C.01CIVIL SURVEY8/14/2019 2:34:27 PM192 1469 S.F. LIVING AREA22 S.F.STORAGE7'-914"300 S.F. OPENSPACE AREAOPEN SPACE300 S.F.PATIO9'-5"35'-0"LINE OF OVERHANGSABOVE; TO PROJECTNO MORE THAN 30"INTO OPEN SPACE2'-6"1 0 0 . 2 7 989 S.F. LIVING AREA375 S.F.GARAGE AREA63 S.F.BALCONY1392 S.F. LIVING AREA90 S.F.BALCONY GARAGE AREA STORAGE AREA OPEN SPACE LIVING AREA BALCONY/PATIOLEGEND55'-5"6"28'-0"42'-1114"28'-0"8'-0"4'-534"293 S.F.ROOF DECK100 S.F. OPEN SPACEAREAOPEN SPACESHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWFIRST FLOORSCALE: 1/8"=1'-0"ROOF DECKSCALE: 1/8"=1'-0"SECOND FLOORSCALE: 1/8"=1'-0"BASEMENT FLOORSCALE: 1/8"=1'-0"AREA CALCFIRST FLOOR SECOND FLOOR TOTAL LIVING = 3850 S.F.LOT SIZE = 2275 S.F.BASEMENT FLOOR OPEN SPACE CALCULATIONBASEMENT FLOOR= 300 S.F. FIRST FLOOR= 0 S.F. TOTAL = 400 S.F.SECOND FLOOR= 0 S.F. OPEN SPACE PROVIDED =300+100 = 400 S.F. ROOF= 100 S.F. BALCONY+DECK AREA = 300+63+90+293 = 746 S.F.GARAGE AREA = 375 S.F.= 1392 S.F.= 989 S.F.= 1469 S.F.LIVING AREA CALCS:STORAGE = 22 S.F.LOT COVERAGEMAXIMUM ALLOWED LOT COVERAGE: LOT SIZE x 70% MAXIMUM ALLOWED LOT COVERAGE = 2275 S.F. x 70% = 1592.5 S.F. ACTUAL LOT COVERAGE = 1556 S.F. = 68.39%LOT COVERAGESCALE: 1/8"=1'-0"A.00AREA AND LOTCALCULATIONS8/14/2019 2:34:28 PM193 N 65°07'00"E64.18' P/LN 24°53'00"W35.00' P/LN 65°07'00"E65.84' P/LN 22°10'52"W185.36'N 22°10'52"W35.04' P/L 5.00'5.00'35.04' HERMOSA AVENUE5'THE STRAND 1 0 0 . 2 2 1 0 0 . 2 9100.01100.29100.39100.1099.93 FL100.23100.25100.25100.27100.33102.04102.07102.05 TC1 0 1 . 5 6 F L101.75102.42 FL1 0 2 . 8 6 T C 1 0 2 . 6 8 T C 102.26 FL101.56 FL101.70102.01 TC100.349 9 . 8 3 F LWMWV99.99100.01WMGRD POST9 9 . 8 7 GRD POST100.1690.20 91.9292.5090.3590.2393.0393.7393.8893.0899.6699.5191.7091.2792.2692.3699.20 TW 1 0 0 . 0 4 100.1095.5295.4892.9992.58124.63 RIDGE120.16 PPTBIKE LANECONC. GUTTER EXISTING RESIDENCEEXISTING RESIDENCESET L&T RCE 30826ON PROP. CORNERTAG ELEV = 100.09'FOUND L&T, NO TAG3.28' E'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 99.94'SET L&T RCE 308261.00' W'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 91.64'SET L&T RCE 308261.00' W'LY OF CORNERON PROP. LINE PROD.TAG ELEV = 91.60'418"518"A.C. PAVEMENTCONC.CONC.NEW RESIDENCEUPUPUPGW3'-0"53'-5"7'-11"28'-0"3'-6"SETBACK3'-6"SETBACK 6'-6"SETBACK3'-0"SETBACKDN 3RDN 3R22'-3"TURNING RADIUS DIMENSION18'-0"PARKING DIMENSION8'-6" PARKING 15'-6"64'-218"LOT DIMENSION65'-10"LOT DIMENSION35'-0"LOT DIMENSION NEW WOOD FENCE35'-0" LOT DIMENSIONGUEST PARKING 8'-6"x18'-0"8.2%7.8%7.8%NEW PROPERTYLINE WALL12514414141491.61'P.C.91.67'P.C.100.09'P.C.1 0 0 . 0 7 ' P. C .94.10'T.O.W.94.38'T.O.W.10 1 . 3 8 ' T. O . W .7'-914"9'-5"SECTION-1PL3'-8"3'-0"SETBACK100.46'LIP100.07'P.L.8.2%100.29'DRAIN2'-8"SECTION-2PL3'-8"3'-0"SETBACK100.46'LIP100.08'P.L.7.8%100.29'DRAIN2'-8"SECTION-3PL3'-8"3'-0"SETBACK100.46'LIP100.08'P.L.7.8%100.29'DRAIN2'-8"SITE PLANSCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.01SITE PLAN8/14/2019 2:34:32 PM194 HERMOSA AVENUE THE STRAND GUEST BEDROOMELEVFAMILY ROOMBARLAUNDRYWINEBASEMENT FLOOR PLANSCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.02BASEMENTFLOOR PLAN8/14/2019 2:34:35 PM195 HERMOSA AVENUE THE STRAND KITCHENLIVING ROOMGARAGEELEVDININGFIRST FLOOR PLANSCALE: 1/8"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.03FIRST FLOORPLAN8/14/2019 2:34:38 PM196 HERMOSA AVENUE THE STRAND MASTER BEDROOMBEDROOM #1BEDROOM #2BEDROOM #3ELEVMODELNUMBERTRADENAMEPRODUCTMATERIAL SECOND FLOOR PLANSCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.04SECONDFLOOR PLAN8/14/2019 2:34:40 PM197 HERMOSA AVENUE THE STRAND POOLINFINITY EDGEROOF PLAN SCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.05ROOF PLAN8/14/2019 2:34:43 PM198 HERMOSA AVENUE THE STRAND POOLINFINITY EDGEROOF PLAN SCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.05.1CRITICALPOINT PLANABBREVIATIONMH = MAXIMUM HEIGHTSPH = PROPOSED HEIGHTSCP = CRITICAL POINTSPC = PROPERTY CORNERPLINE = PROPERTY LINEBLDG = BUILDING8/14/2019 2:34:46 PM199 NORTH ELEVATIONSCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWWEST ELEVATIONSCALE: 1/4"=1'-0"A.06ELEVATIONS8/14/2019 2:34:48 PM200 SOUTH ELEVATIONSCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWEAST ELEVATIONSCALE: 1/4"=1'-0"A.07ELEVATIONS8/14/2019 2:34:52 PM201 MASTER BATHROOM BEDROOMGREAT ROOMGARAGEBATHROOMBEDROOMBARLIVING ROOM BATHROOM BEDROOMPOOLTOILET ROOMCLOSETSECTION ASCALE: 1/4"=1'-0"SHEET NUMBERCOPYRIGHTDRAWINGPRINT DATEPROJECT NUMBERREVISIONSSTAMPPROJECT18025REVISION SCHEDULENUMBERDESCRIPTIONDATERESIDENCE3411 THE STRANDHERMOSA BEACHCALIFORNIA 90254A NEWA.08SECTIONS8/14/2019 2:34:55 PM202 203 204 205 206 207 208 209 210 Attachment 5 Public Notice Posters 211 212 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, August 20, 2019 4:43 PM To: Planning Commission-Group <PlanningCommission-GROUP@hermosabch.org>; Ken Robertson <krobertson@hermosabch.org>; Ann Yang <anny@hermosabch.org>; Nicole Ellis <nellis@hermosabch.org> Subject: New eComment for Planning Commission Meeting New eComment for Planning Commission Meeting Jim Hamilton submitted a new eComment. Meeting: Planning Commission Meeting Item: 11. REPORT 19-0542 A-14#63- Planning Commission consideration of a small lot exception to open space and lot coverage requirements otherwise required in the Single-Family Residential (R-1) zone for a new single-family residence at 3411 The Strand, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). eComment: 1. The proposed home is maxed out with west wall setback only 6'6" from the Strand. This is closer to the Strand than almost every other home in this section of the Strand. Our home next door is set back 9'10" across most of our west exposure except for our bay windows which cover 11' of our west wall on both floors. They extend 20" from our west wall, but are still set back over 8' from the Strand. 2. Proposed home will have a second floor balcony stretching totally across the west side, extending 2'6" into the setback area, extending to within 4' of the Strand. The vast majority of homes in our neighborhood do not have balconies extending totally across their west side and are set back further from the Strand. Thus, the second floor balcony will be out of character for our neighborhood. Respectfully, the request to allow this balcony as proposed should be denied. Its intrusion into the 300 sq. ft patio below should operate to reduce the open space credit for that patio. 3. The proposed 2nd floor balcony will also intrude into and interfere with our views to the southwest out of our bay windows. Possibly this negative impact could be reduced by angling that corner of the balcony at a 45 degree angle, which would also create more true open space for the patio below. 4. The plans depict 3 square objects intruding into the 3'6" setback on the north side of the home. These objects are probably HVAC units which appear to extend 24-30" into this setback area, less than 1'6" from the property line. That should not be approved due to their size, impingement into the setback area and attendant noise. Respectfully submitted, Jim and Janet Hamilton View and Analyze eComments 213 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0523 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 CUP 19-3- Conditional Use Permit Amendment request to modify an existing non-conforming rooftop wireless telecommunication facility by removing and relocating antennas within new screening boxes below the existing building height and upgrading equipment (AT&T Mobility) at 2447 Pacific Coast Highway, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).(continued from the July 16, 2019 meeting) Recommended Action: The applicant is requesting a continuance to October 15,2019 to allow for additional time to address the Planning Commission’s comments from their July 16,2019 meeting.Pursuant to Federal regulations,there is a “shot clock”to process wireless applications which the applicant has agreed to pause (letter attached)while working with the City to gather and prepare application materials for the October 15,2019 meeting.Therefore,staff recommends the item be continued to the October 15, 2019 meeting. Attachment: 1. Applicant Letter (Pausing Shot Clock) 2. Public Notification Radius and Notice Posters Respectfully Submitted by: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™214 215 Public Notification Radius and Notice Posters 216 217 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0536 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 Potential Municipal Code text amendment to the M-1 Light Manufacturing Zone to consider allowing Cypress District businesses to host openings or events to showcase and offer products for sale on a limited basis. Applicant: City of Hermosa Beach Recommended Action: As directed by the City Council, Staff recommends that the Planning Commission study the request for Cypress District businesses be permitted to operate in a more creative way consistent with the General Plan through consideration of amending the M-1 Light Industrial Zone and the appropriate permitting process to allow businesses to host openings or events with limited retail sales, and set a public hearing for the necessary amendments to the zoning ordinance. Background: At its meeting on July 9, 2019, the City Council reviewed a request letter and heard public comments from Mike Collins, business owner of ShockBoxx, requesting initiation of a Municipal Code amendment to the M-1 Light Manufacturing Zone in the Cypress District. The letter, which represented six businesses and property owners, asked for consideration to update the M-1 Zone to allow for “current and emerging, businesses, shop owners, and tenants, to conduct business in a more creative way,” particularly regarding special event limitations. At that meeting, the City Council directed staff to consider this matter at a future City Council meeting. At its meeting on July 23, 2019, the City Council considered initiation of a Municipal Code amendment to the M-1 Zone and the appropriate permitting process to allow Cypress District businesses to host openings or events with limited retail sales. After discussion, the City Council directed the Planning Commission to consider a Zoning Code Text Amendment for the M-1 Zone in the Cypress District and recommend changes to the City Council for potential adoption. Analysis: The Cypress Avenue industrial area has a mix of older and newer buildings within which businesses operate; some are established businesses in operation for decades and others are newer businesses investing in the area and finding that the M-1 Light Manufacturing Zone is restrictive for their proposed business operations. The M-1 Zone states the specific purpose is to provide “for a range of light manufacturing and warehousing and distribution uses and certain appropriate service commercial uses.” The M-1 Zone allows accessory administrative offices but generally does not allow City of Hermosa Beach Printed on 2/20/2024Page 1 of 5 powered by Legistar™218 Staff Report REPORT 19-0536 uses that serve the public directly, such as retail sales or art galleries. For example, artist studios are permitted in the M-1 Zone, but not galleries. Some new businesses, including artist studios on Cypress Avenue, have obtained permits for Temporary Minor Special Event Permits for art-oriented events. The popularity of these events has prompted businesses to request modification of the M-1 Zone to regularly allow events without seeking a Temporary Minor Special Event permit for each event or be limited to 12 per year. Similarly in 2018, in response to business requests for a simpler special event process in commercial zones, the City Council approved a Zoning Code amendment with a new administrative permit process for qualifying events and definition for Limited Live Entertainment: Entertainment, Limited Live. "Limited live entertainment" means the provision of live entertainment as defined herein, but only as accessory to an established on-site use during normal business hours for limited periods of time outside of late night hours, provided by a maximum of two (2) performers using amplification at any time, that does not typically generate off-site impacts or contribute to impacts within the commercial district or adjacent residential districts in accordance with operational standards in the commercial zoning districts. This new Limited Live Entertainment permit process does not apply to the M-1 Light Manufacturing Zone nor does it seem appropriate for the types of events that are better described as openings for the purpose of showcasing art or other goods produced or manufactured in the studios. However, the simplified Administrative Permit process, which is obtained once for a two-year period, would be a simpler alternative to the Temporary Minor Special Event Permit, which requires a new application for each event and is limited to 12 per year. To implement a similar permit process, an amendment to the Zoning Code for the M-1 Zone would be required with conditions applicable to the types of special events now allowed through Temporary Minor Special Event Permits. Expanded special event uses are not consistent with the existing code in the M-1 Light Industrial zone. As directed by the City Council, in order to permit host openings or events to showcase and offer products for sale, the requested Code amendment would be an interim measure until a more comprehensive update is completed for the M-1 Zone consistent with the vision of the PLAN Hermosa General Plan. Considerations brought up during the July 23, 2019 City Council discussion include: 1.If potential events should be within the building or allowed to expand onto property. 2.If gallery openings and similar activities should be considered as normal business operations or special events. 3.If gallery openings and similar activities should be subject to certain standards and limits such as frequency or hours. 4.Recognition that PLAN Hermosa anticipated some of these desired uses and that business City of Hermosa Beach Printed on 2/20/2024Page 2 of 5 powered by Legistar™219 Staff Report REPORT 19-0536 demand has preceded the Zoning Code updates anticipated in the General Plan. Other related considerations and standards: 1.Should art classes be allowed as part of this consideration? Some existing businesses in the Cypress district currently conduct art and other types of classes. 2.Should gallery openings and similar activities be limited to businesses which face a public street or within an appropriate overlay zone? Some existing building conditions in the Cypress District are not designed for foot traffic or frequent customers. 3.Safety standards to be included such as a safety inspection prior to approval, clear adherence to maximum occupancy within buildings, and barriers and safety lighting if outside property is included. 4.Public parking is available in nearby City-owned lots including at the City Yard, South Park and Clark Stadium. Options that the Planning Commission could consider (from lenient to restrictive): 1.Amend the M-1 Zone to allow host openings or events to showcase and offer products for sale on a limited basis as an allowable use with appropriate limits and operational standards such as retail as accessory use or during events, during normal business hours, and activities to be contained within the building with all doors and windows closed during events. 2.Amend the M-1 Zone to allow an Administrative Permit similar to the Limited Live Entertainment Permit with one permit for a two-year period in a manner customized for the M- 1 Zone with appropriate operational standards such as limits to frequency, hours, and the requirement that all activities be contained within the building and all doors and windows be closed during events. 3.The continued use of Minor Temporary Special Event permits for requested event approval on a case-by-case basis (with some modifications that deal with gallery openings or other events appropriate for the M-1 Zone). 4.Determine that the proposed use is not consistent with the Zoning Code and disallow future Minor Temporary Special Event permits in the M-1 Zone. General Plan Consistency: After extensive community discussion and study, the City Council adopted PLAN Hermosa on August 22, 2017. The Cypress Avenue district is located within the Creative Light Industrial (CI) General Plan land use area. The General Plan vision for the Cypress District industrial area is to foster new innovations and creative activity. Creative land uses, including in the Cypress District, are discussed throughout PLAN Hermosa in the following sections: City of Hermosa Beach Printed on 2/20/2024Page 3 of 5 powered by Legistar™220 Staff Report REPORT 19-0536 Creative Economy (p.69) Artists, like many business sectors, need space to create their art and venues or opportunities to sell their work and can benefit from proximity to one another. To encourage increased artistic activity and support economic development objectives, Hermosa Beach can ensure the space needed to support this industry is provided in an accessible and affordable manner that allows higher levels of collaboration among artists - all essential ingredients to flourishing creative communities. Land Use Designations - Creative (p.71) Creative land use designations are intended to provide space for production, design, and manufacturing uses that support the local employment base and produce goods and services that enhance the brand of Hermosa Beach as a creative and innovative community. Uses that are considered light industrial are to be designed and sited in a manner that ensures their compatibility with surrounding uses. Designation/Definition (p.73) CI Light Industrial - Production uses for light manufacturing, creative art, or design services with professional office as an allowed accessory use. Creative Light Industrial (CI) (p.77) Purpose - The creative light industrial designation is intended to create a suitable environment for small businesses that rely on manufacturing, warehousing, or production to operate successfully. This designation ensures uses are able to operate in a manner that contributes to local economic activity and diversifies the local employment base while minimizing impacts to adjacent residential uses. The designation fosters new innovations and creative economic activity by providing common gathering areas and meeting spaces to share and exchange ideas. Appropriate Land Uses - This designation is reserved for the provision of production uses for light manufacturing, creative art, or design services. Flexible use spaces, co-working offices, and creative or “maker” industry incubator spaces are also permitted. Professional office or specialty retail are allowed only as an accessory use to the primary production uses. Residential uses are not allowed in this designation as its intent is to promote and protect industry and production uses that diversify the City’s tax base. Cypress District Character Area (p. 94) Future Vision - The intent is to transform both building design and orientation as well as the public realm and streetscape within the Cypress District. This area is the creative, production and light industrial center of Hermosa Beach where ideas, spaces, and creativity are easily shared. The Cypress District includes a variety of flexible use spaces, co-working offices, and creative or “maker” industries. Intended Distribution of Land Uses - The Cypress District is exclusively designated for creative light industrial uses, with preference toward production uses aligned with green economy. While the area should allow some retail uses, the focus is on specialty trade services and must be accessory to the design or production uses. The Cypress District should support the development of new uses that will bring a wide range of high-quality jobs accessible to people with a variety of skill levels, including City of Hermosa Beach Printed on 2/20/2024Page 4 of 5 powered by Legistar™221 Staff Report REPORT 19-0536 research and development and light industrial uses. Relevant Goals and Policies the City’s General Plan are listed below: Governance Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism. ·Policy 6.5 Creative Economy. Land Use Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. ·Policies 1.1 Diverse and distributed land use pattern, 1.4 Diverse commercial areas, and 1.8 Respond to unique characteristics. Land Use Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach. ·Policies 3.1 Unique districts and 3.2 Compatibility of districts. Land Use Goal 10. A strong sense of cultural and architectural heritage. ·Policy 10.5 Adaptive reuse and sustainable development. One of the priority implementation tasks for PLAN Hermosa is to update the Zoning Code to align with the General Plan. Summary The intention for a potential M-1 Light Industrial Zone Text Amendment in the Cypress District is to serve as an interim measure to bring the Zoning Code closer to the PLAN Hermosa vision and in anticipation of a more comprehensive update in the future. Environmental Analysis: Environmental analysis will be determined based on the recommended action pursuant to the California Environmental Quality Act (CEQA) and California Public Resources Code. Once a course of action is determined, appropriate Environmental Analysis will be conducted at that time Attachments: 1.Link to 7-23-19 City Council Meeting (p. 9 of Agenda) 2.Excerpt of Zoning Code Chapter 17.28: M-1 Light Manufacturing Zone 3.Excerpt of Zoning Code Chapter 17.42.150: Temporary Minor Special Event Permit 4.Letter from Mike Collins dated July 2, 2019 5.Article “Artists Ask Hermosa Beach for Zoning Modifications in Cypress District” by Michael Hixon printed in The Beach Reporter on July 24, 2019 6.Email received from Gary Clark dated July 25, 2019 Respectfully Submitted by: Christy Teague, AICP, Senior Planner Concur: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 5 of 5 powered by Legistar™222 Chapter 17.28 M-1 LIGHT MANUFACTURING ZONE Revised 10/17 Sections: 17.28.010 Specific purposes. 17.28.020 Permitted uses. Revised 10/17 17.28.025 Similar use permitted. 17.28.030 Standards and limitations. 17.28.010 Specific purposes. In addition to the general purposes listed in Chapter 17.02, the specific purposes of the light manufacturing zone is to: A. Provide appropriately located areas consistent with the general plan for a range of light manufacturing and warehousing and distribution uses and certain appropriate service commercial uses. B. Strengthen the city’s economic base and employment base, but also protect existing small businesses that serve and employ city residents. C. Create and maintain suitable environments for various types of manufacturing and compatible uses, and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of development in the M-1 zone on adjacent residential districts. E. Ensure that the appearance and effects of manufacturing and commercial buildings in the M-1 zone are harmonious with the character of the area which they are located. F. Ensure the provision of adequate off-street parking and loading facilities. (Prior code Appx. A, § 9-1) 17.28.020 Permitted uses. Revised 10/17 In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a conditional use permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. 223 M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P. Required (See Chapter 17.40) USE See Section Administrative offices accessory to a primary permitted use (listed below), not exceeding twenty-five (25) percent of the gross floor area P Artist studio P Audio/visual recording studio P Communication facilities U 17.40.020 Motor vehicle and equipment service: U Chapter 17.40 General repair, service, installation of parts and accessories Body repair and painting Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials: U Chapter 17.40 Coated, plated and engraved metal products Diecut paper, paperboard, cardboard Machinery equipment and supplies Surfboards Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials: P Apparel Audio/visual products Awnings Bakery products Communications equipment Confectionery and related products 224 M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P. Required (See Chapter 17.40) USE See Section Electronic components, computers, and accessories Electric lighting and wiring equipment Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes Pharmaceutical products Photographic and optical goods, watches and clocks Hardware, plumbing, heating equipment and supplies Pottery and related products Professional, scientific and controlling instruments Toys, amusements, sporting and athletic goods Wooden containers Microbrewery U 17.40.210 Parking lots and/or structures P 225 M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P. Required (See Chapter 17.40) USE See Section Warehousing P Wireless communication facility U 17.40.170 Wholesale distribution of the products and materials listed above, and including the following: P Packaged groceries and related products (Ord. 17-1378 §4, 2017; Ord. 14-1346 §2, 2014; Ord. 04-1243 §4, Oct 2004; Ord. 02-1221 §4, July 2002; Ord. 01- 1214 §4(3), 2001) 17.28.025 Similar use permitted. When a use is not specifically listed in this chapter, it shall be understood that the use may be permitted if it is determined by the community development director that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this chapter, and anticipating that new uses will evolve over time, this section establishes the community development director with the authority to compare a proposed use and measure it against those listed for determining similarity subject to confirmation by the city council. In determining similarity the director shall make all of the following findings: A. The proposed use shall meet the intent of and be consistent with the goals, objectives and policies of the general plan; B. The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located; C. The proposed use shall not adversely impact the public health, safety and general welfare of the city’s residents; D. The proposed use shall share characteristics common with, and not be of greater intensity, density or general more environmental impact, than those uses listed in the zone in which it is to be located; and 226 E. The determination that the proposed used is similar must be confirmed by the city council. (Ord. 99-1193 §4 (part), 1999) 17.28.030 Standards and limitations. Every use permitted or maintained in the M-1 zone shall be subject to the following: A. Parking. Parking shall be provided as specified in Chapter 17.44. B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: 1. Outdoor uses permitted by conditional use permit as stated in the permitted use list; 2. Commercial parking lots; 3. Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided further, that such incidental uses are conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage shall be substantially screened from public visibility, public streets, parks or other public places and property. C. Signs. Signs for this section are regulated by Section 17.50.140. D. Building Height. Any building may have a maximum of thirty-five (35) feet in height and have a maximum of two (2) stories. Oil and gas operations may exceed this height for a temporary period of time and to a height as set forth in an approved conditional use permit pursuant to Ordinance No. 85-803. E. Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan. F. Alley Setback. Any building located on an alley shall maintain a distance of not less than three (3) feet from such alley. G. Rear and Side Yard Setback Adjacent to Residential Zones. A minimum rear and/or side yard setback of eight (8) feet shall be provided, and additional two (2) feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the M-1 zone from the residential zone. H. Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and 227 approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds. (Prior code Appx. A, § 9-3) 228 17.42.150 Temporary minor special events. Minor special events allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 subject to the requirements of this section. A. Definitions. 1. Related use: A use that promotes, benefits or is related to the onsite use and is conducted during the normal business hours of the onsite use, as determined by the community development director. 2. Unrelated use: A use that does not promote or benefit or is unrelated to the onsite use, or is not conducted during the normal business hours of the onsite use, as determined by the community development director. B. Uses Allowed. 1. The types of uses allowed shall be generally limited to uses and activities allowed in commercial zones as permitted or conditional uses, as determined by the community development director. 2. Uses prohibited include those uses prohibited by Title 17, adult uses, and uses determined by the community development director to be incompatible with the surrounding area due to safety, health or welfare concerns that cannot be mitigated. C. Administrative Permit Required. 1. Minor special events allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 in the C-1, C-2 and C-3 zones, M-1 zone, SPA zones that allow C-3 uses, SPA-11 zone, and in R zones on property developed with nonresidential uses. The use is additionally allowed without an administrative permit in OS zones accessory to Hermosa Beach City School District facilities compliant with the regulations in this section, provided the use is approved by the school principal. 2. The application shall specify the specific days and hours for which the use is requested. 3. The administrative permit shall be issued only to the property owner, business owner or business license holder, and the permit holder shall be physically present on the property for the duration of the use including set up and break down. 4. The proposed use may be conditioned to mitigate impacts to the surrounding area and provision of services, relating to number of people, traffic generated, type and volume of amplified music or entertainment, day of week and hours, sanitation, environment, concentration of activity and events during the same time period, availability of city 229 services to protect the health, safety and welfare of the public and property, compliance with other provisions of law, and other similar considerations. 5. If the subject property is governed by a conditional use permit or parking plan, the administrative permit shall not be approved unless the proposed use is timed and designed so it does not conflict with the purpose of the conditional use permit or parking plan. 6. The duration of any issued administrative permit shall not exceed one hundred eighty (180) calendar days. 7. The administrative permit may be revoked or modified with only a twenty-four (24) hour notice to the holder of the administrative permit; provided, however, that an administrative permit may be immediately revoked and the event ordered concluded at any time during the course of the event by the highest ranking police officer on duty at the time upon his/her determination that the event is causing a violation of state law or is violating one (1) or more conditions of approval, or a determination that the event has become a threat to public safety. 8. In the event an administrative permit has been revoked or documented problems have occurred or not been timely abated, the community development director may deny a future application for a similar event on the same property within a one (1) year period. 9. Any deviation from the standards and limitations in subsection (D) of this section shall require a conditional use permit in compliance with Chapter 17.40. D. Standards and Limitations. Minor special events may be permitted with an administrative permit in compliance with the following standards and limitations: 1. All elements of the use shall be contained on the subject site. 2. Frequency and Duration of Use. a. Outdoor entertainment and assembly events, such as carnivals, concerts, fairs, farmers’ markets, festivals, food events, fundraisers, live entertainment, outdoor sporting events, public relations activities, flea markets or rummage sales, and other similar outdoor events, when unrelated to the established onsite use: Maximum of four (4) times per year, limited to a maximum of seven (7) days each. b. Outdoor display or exhibit events, such as art, cultural, and educational displays, arts and crafts exhibits, when unrelated to the established onsite use: Maximum of four (4) times per year, limited to a maximum of seven (7) days each. 230 c. Outdoor sales events related to an existing onsite business: Maximum of four (4) sales per year, each limited to three (3) consecutive days each. d. Special events that include an activity that normally requires a discretionary permit in the subject zone or is currently limited or prohibited by a discretionary permit or license granted on the site (such as amplified music, outdoor tents, provision or sale of alcoholic beverages, other conditional uses): Maximum of four (4) times per year at any site, limited to three (3) consecutive days each. e. Indoor activities promoting or related to the established onsite use. May include limited outdoor display or activity to attract people to the business, where crowds are not anticipated. May include an activity that normally requires a discretionary permit in the subject zone: Maximum of twelve (12) times per year at any site, limited to three (3) consecutive days each. f. Similar temporary special events determined by the decision making body to be compatible with the zoning district and surrounding land uses: Limited to the number of occurrences and days applicable to the similar type of activity. g. Mobile food vendors proposed in conjunction with a minor special event shall be described in the application for the minor special event and shall comply with the requirements of this section. 3. Hours. a. In the C-2, C-3, SPA zones that allow C-3 uses, and SPA-11 zone when related to the established onsite use: Same as the customary operating hours of the use. When unrelated to the onsite use or not within a building: 8:00 a.m. to 10:00 p.m. b. C-1, M-1, and R zones developed with nonresidential uses: 10:00 a.m. to 9:00 p.m. c. Uses that may attract crowds or extend beyond allowed hours pursuant to a conditional use permit may be restricted from operating on St. Patrick’s Day, July 4th, Cinco de Mayo, New Year’s Eve or any other date where the police department determines the accumulation of activities in the city may exceed its capacity to adequately protect public safety. 4. Alcoholic Beverages. The sale, service or consumption of alcoholic beverages shall obtain and display the appropriate Department of Alcoholic Beverage Control license or approval. Outdoor activities involving alcoholic beverages shall be located a minimum of three hundred (300) feet from any public school property between 7:00 a.m. and 6:00 p.m. on school days unless the school principal has been consulted and any concerns are mitigated to the satisfaction of the city. 231 5. Entertainment. Amplified entertainment is limited to 10:00 a.m. to 9:00 p.m. for not more than four (4) hours in any day. Noise levels shall not exceed eighty (80) dBA at the property line. At no time may noise levels constitute a nuisance or violate the noise control ordinance in Chapter 8.24. 6. Pedestrian Access. The use shall be designed to provide safe, accessible pedestrian ways a minimum of four (4) feet wide, without encroaching on landscaping, required parking spaces and vehicular ways. A physical barrier or layout plan may be may be required to reduce conflicts to the satisfaction of the community development director. 7. Parking. a. A use that occupies required parking spaces shall not reduce existing parking by more than ten (10) percent excluding disabled spaces. When there are eleven (11) spaces or less excluding disabled spaces, the use may occupy one (1) parking space, provided at least five (5) spaces including one (1) disabled space remain unencumbered by the use. b. When the use is related to the onsite use, no additional parking is required unless the particular event is likely to create parking problems as determined by the community development director. c. When the use is unrelated to the onsite use, parking adequate for the use, but not less than ten (10) spaces, shall be provided excluding disabled spaces. 8. Occupancy. The occupancy of any buildings, structures or spaces, whether indoor or outdoor, shall be consistent with building and fire codes and safety protocols as determined by the community development director. Temporary structures such as tents shall be securely fastened and comply with city codes. 9. Control over attendance is the responsibility of the permittee. Advertising and media to attract people to the event shall be moderated to reduce the potential for impacts. Adequate security shall be provided. 10. Temporary signs may be provided during the event, not to exceed one (1) sign per one hundred (100) feet of street frontage with a maximum of two (2) signs per frontage, not to exceed sixteen (16) square feet per sign. Additional temporary signage may be permitted with a sign permit issued in compliance with Chapter 17.50. 11. Any lighting shall be shielded, downcast and directed onto the subject property. No strobes or moving lights are permitted. 12. If the duration of the use exceeds one (1) hour or if seating is provided, then restroom access for both employees and customers shall be provided on the property or a contiguous property for the duration of the use with directional signs thereto. No portable restrooms are allowed. 232 13. The use shall provide refuse containers proximate to the use adequate to contain all refuse generated by the operation of the use. The operator shall pick up all refuse generated by such operation prior to vacating the site. 14. The site shall be cleaned of litter and any other evidence of the use on completion or removal of the use, and shall thereafter be used in compliance with the provisions of this title. 15. The use shall otherwise comply with all applicable state and local laws. Where regulations conflict, the most restrictive shall apply. 16. The use shall comply with Chapter 8.44 and shall not discharge liquid or solid waste to the environment or municipal storm water system. 17. The provision of food of beverages shall comply with Chapter 8.64 and shall not be dispensed in polystyrene food service ware. (Ord. 13-1341 § 2, 2013) 233 Mike Collins 520 8th Street Hermosa Beach, Ca 90254 VIA EMAIL July 02, 2019 Mayor Stacey Armato Mayor Pro Tempore Mary Campbell Councilmember Hany Fangary Councilmember Justin Massey Council Member Jeff Duclos Re: M-1 Zoning Code Amendment For Cypress District Honorable Mayor Armato and City Councilmembers, The purpose of this letter is to formally request that the City Council place an item on the agenda, as soon as possible, to consider initiating a Code amendment to the M-1 Zone in the Cypress District. The main purpose of amending this Code would serve to update the current definition of what can and cannot be allowed in the M-1 Zone to be in alignment with current, widely celebrated uses in the area. We are asking that the Code be amended to allow for current, and emerging, businesses, shop owners, and tenants, to conduct business in a more creative way. This includes uses of space that are contained within their property boundary and do not spill out into the street without having to label such activities as “special events,” and that these activities not be limited to the current total number of “event” restrictions as outlined in the existing Temporary Minor Special Event Permit (limiting businesses to 12 in a calendar year). Sincerely, Mike Collins (ShockBoxx), Kevin Sousa (Hermosa Music Co.), Chip Herwegh (Building owner, woodworker), Jon Mangiagli (Cypress Surf) Sarkis Kassardjian (landlord for multiple buildings on 500 block of Cypress) 234 235 236 237 238 From: Gary Clark <dewey32468@gmail.com> Sent: Thursday, July 25, 2019 9:44 AM To: Suja Lowenthal <suja@hermosabch.org> Subject: Fwd: CYPRESS DISTRICT Suja I'm forwarding an email I sent to Michael Hixon about his article that was in the Beach Reporter. When this is scheduled for the Planning Commission will you please make sure I am properly noticed ---------- Forwarded message --------- From: Michael Hixon <mhixon@scng.com> Date: Thu, Jul 25, 2019 at 9:32 AM Subject: Re: CYPRESS DISTRICT To: Gary Clark <dewey32468@gmail.com> Hi Gary, Thanks very much for the feedback. I understand your point. When or if I do another story on the Cypress District, can I contact you to add your perspective? Thank you, Michael On Thu, Jul 25, 2019 at 9:14 AM Gary Clark <dewey32468@gmail.com> wrote: Michael I opened my shop on Cypress in 1983. It was a dirt street that was paved a year later. I'm one of those artists that make up the Cypress District. Please do not print articles that do not reflect the feelings of long time artists in the district. We are "WORKER BEES" that do our art to support our families lives. All we want is for you, Mike Collins and City officials to do is leave us alone. All you are going to do is force us out with "HIGH RENT". Why can't you just let people transition out without speeding up the process. We are all getting older, as you know Hap Jacobs just shaped his last board. I'm pretty sure Mike Collins and his wife do not support themselves with Shockbox. Thank You Gary Clark 239 August 20, 2019 Dear Planning Commissioners: I write this letter regarding the item on your agenda tonight for the M-1 Zone and Shockboxx Gallery. By all appearances, this is nothing more than a request by the spouse of a current City Councilmember to have his business retroactively legitimized after years of illegal operation. This request has been fast-tracked through the City process via a “spontaneous” ten minutes deliberation in response to a public comment. As a long-time member of the Hermosa Beach business community, I am aware of no other business in a similar circumstance would have been granted such favoritism, or been the beneficiary of the selective (read: nonexistent) code enforcement that would have allowed it to survive long enough to request the changes you are being asked to make tonight. As you know, per the Code and express statements by staff, “art galleries” retail, classes, and event space rental are not an allowable uses in the M-1 zone. Yet for years, Shockboxx has been allowed to open a business in a zone that prohibited its use, build without permits or inspections, operate without a business license, serve free alcohol without required licenses, and hold countless events without payment or approval. Having now been caught up in litigation, the City can no longer permit them to operate “organically” and the unintended use of “Temporary Special Event Permits” has run its course. The obvious solution to the problem of an illegal business would be to shutter it. But this business owner is married to a member of the City Council, so that’s not an option. Contrary to your City Attorney’s recent statements, the City Council and Staff had full knowledge of the illegal conditions at Shockboxx as early as May 2017. Yet the City Council allowed it to continue, attended events, presented the business with an award, and promoted it via City channels. In fact, the City Council was so dismissive of the potential for code enforcement action that it hosted political fundraisers there! . What does this say to our business community? It appears to say that there is one set of rules for the businesses that are not politically connected, and a second set of rules for those who are. The reality is that by allowing Shockboxx Gallery to operate illegally as the only for-profit retail art gallery in zone, the City gave the owners a monopoly by preventing law abiding business owners from the option to legally open a competing business and participating in the economy. Events at Shockboxx spilled out into the street on a weekly basis, at the very same time members of our gym were cited for jogging on the very same street under a code provision that requires “all uses shall be conducted wholly within a building enclosed on all sides…”. This exact provision was improperly used as a weapon to destroy our business and was intentionally ignored for others. There are countless examples, but the misuse of power, selective enforcement, political favoritism and lack of transparency in official dealings in Hermosa Beach has impacted how Hermosa deals with our businesses, schools, concerts on the beach, events, our downtown, non-profits, and how “ad hoc” committees and “community organizations” are proxies for the City Council. As an entrepreneur, I have respect for those who venture a new business and support the passion Shockboxx has put into creating something they feel deeply about. But there are many other business owners that put the same love, effort, and financial resources into businesses that are not politically tied or favored and have to operate by a totally different set of standards. In closing, if you want to give Shockboxx the right to operate an art gallery, sell retail, allow event space, classes, that is your prerogative. They should, however, go through the zoning application process that we all are required to do. If they find the process expensive and time consuming as we all do, perhaps that is a different matter to all-together. There is no question that most experienced operators find operating in Hermosa a burdensome process that often 240 makes the risk not worth the venture. And finally, should you allow this, the rights an opportunities afforded to one business should also be provided to all willing businesses in the M-1 zone not just the politically favored. Please clean up and return our city government to one that truly represents all of its businesses and residents. Sincerely, Jed Sanford Hermosa Business Owner Past President - Hermosa Beach Chamber of Commerce Shockboxx two days before Crossfit Horsepower gym being found Hermosa’s first public nuisance based in part by the “city’s evidence” of outside activities as seen in the photos below. 241 Shockboxx Gallery four days after the August 28, 2018 hearings in which Crossfit Horsepower gym was required to soundproof its entire building within 90 days or “ceast and desist usings any and all weights. “ 242 Mayor Duclos at a Shockboxx event several days after Crossfit Horsepower gym was cited by the City for its first and only ticket for patrons jogging in the Crossfit Horsepower parking lot. 243 August 20, 2019 To the Hermosa Beach Planning Commissioner Hoffman, Saemann and Flaherty: I write this letter to bring to your attention communication, coordination and deliberation that took place outside the public hearing and deliberative process as part of the Limited Live Entertainment Permit approval, which in part, will be evaluated tonight for the M-1 Zone. I believe this should be considered both in the context of this hearing as perhaps the legitimacy of the original legislation that was passed. As you are aware, the Short Term Entertainment Permit “STEP” legislation (later to be termed “Limited Live Entertainment Permit”) was proposed and developed by an organization named THRIVE Hermosa. Publicly described as a “resident advocacy group”, the organization is privately comprised of a significant number of Hermosa Beach elected and appointed city officials. Specific to the Planning Commission, two current Commissioners, Marie Rice and Dave Pedersen were members of THRIVE at the time STEP/LLEP item came before you in various public hearings. Commissioner Rice is also a co-founder of the THRIVE organization. As part of their membership in THRIVE, Councilmembers and Commissioners participate in the organizations mission of “Transforming Hermosa’s Resources Into a Vibrant Environment.” The organization’s internal communication methods are kept outside of public view including the use of via private emails, a closed Facebook page named (THRIVE Hermosa), and private “working group” and “big” meetings (see attached). These meetings and technological tools are used to privately develop plans, coordinate, deliberate and build collective concurrence outside the public view including the THRIVE “STEP” program working group. In the case of “STEP”, while Chairman Rice disclosed her membership at the 6/25/19 meeting, neither Commissioner Rice nor Commissioner Pedersen publicly neither recused their participation in the deliberation nor disclosed their participation or leadership roles in THRIVE before or during the public hearing on 8/21/2018, and 9/19/2018. In fact, both Commissioner Rice and Pedersen publicly thanked the organization giving the public an impression that they were not members. Not only were there substantive conversations among city officials concerning the agenda item prior to public meetings, perhaps the most telling, Marie Rice participated in the secret THRIVE Hermosa Facebook page with an account “Meg Elizabeth” thus concealing her true identity (see attached). This leaves questions as to why a public official would conduct official city business in a secret Facebook page using a false identity. Further, as an example of a pre-determined view, communications between THIRVE members Commissioner Ellman (STEP working group lead), and THRIVE member Councilmember Armato (whom would be the final decision maker on the item), referred to a influential local business owner who disagreed with the” STEP” legislation as a “t**d” and “not rational” via a private text exchange before the hearing (see attached). Clearly, the decision to pass the legislation had already been made before the hearing as evidence by Councilmember Armato’s like on June 26, 2018 to a closed Thrive Facebook post regarding STEP “becoming a reality” (see attached). It should be noted, that none of the City Council disclosed their Membership in THRIVE at the hearing in which it was approved. In closing, its clear that some of the non-elected THRIVE members are not aware of how the organization and it resources have been used and the code of conduct required by public officials. Unfortunately, some well-meaning residents may have been used by officials attempting to reduce public meetings to mere formalities in which decisions have been pre-determined. The above is simply one of many overt instances of these activities. I challenge those of you who holding official positions that are not involved to stand up for the respectful majority in resisting these like- minded officials as they continue to privately decide what is good for the people of Hermosa Beach. Jed W. Sanford Hermosa Beach Business Owner Past President Hermosa Beach Chamber of Commerce 244 Example of THRIVE Member email distribution sent by Marie Rice for a “Big Meeting” 245 Example of THRIVE Hermosa Closed Facebook post and “like” by Mayor Armato on 6/26/2018 246 Examples of THRIVE Hermosa Closed Facebook post on STEP & Dave Pedersen. 247 Example of THRIVE Hermosa Closed Facebook post with Marie Rice as “Meg Elizabeth” Commissioner Rice Linkedin Profile 248 Texts between THRIVE Members Mayor Armato and Commissioner Ellman on STEP Aug 21, 2018 249 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0544 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 Verbal Report on City Council Actions City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™250 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0545 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 Verbal Status Report on Major Planning Projects City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™251 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0543 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of August 20, 2019 September 17, 2019 Planning Commission Tentative Future Agenda Items Recommended Action: To receive and file the September 17, 2019 Planning Commission tentative future agenda items. Attachment: 1. Planning Commission September 17, 2019 Tentative Future Agenda Respectfully Submitted by: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™252 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach September 17, 2019 Regular Meeting 7:00 P.M. Project Title Public Notice Meeting Date 421 Monterey Avenue- Conditional Use Permit Precise Development Plan & Vesting Tentative Parcel Map for a 2-unit condominium. 9/5/19 9/17/19 720 24th Place- Lot Line Adjustment 9/5/19 9/17/19 40 Hermosa Avenue- Amendment to Planning Entitlement to expand an existing roof deck from 238 square feet to 748 square feet for one of the condominium units of a mixed use building. 9/5/19 9/17/19 101 Hermosa Avenue, Mickeys Italian Deli- S4 #37 Determination on whether a display proposed on the south wall of the building at 101 Hermosa Avenue is a mural, and the proposed display is not a project under the California Environmental Quality Act. 9/5/19 9/17/19 f:\b95\cd\pc\future items\tent. future agendas\planning commission tentative agenda 9-17-19 (revised 8/14/19) 253