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Home My WebLink About2018-01-22 PC AGENDA ADJOURNED 01-16-2018 MEETINGPlanning Commission City of Hermosa Beach Adjourned Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers7:00 PMMonday, January 22, 2018 (Rescheduled from January 16, 2018 due to lack of a quorum) 1 January 22, 2018Planning Commission Adjourned 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 3/21/2024 2 January 22, 2018Planning Commission Adjourned 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 Section I CONSENT CALENDAR Approval of the November 21, 2017 Planning Commission Action MinutesREPORT 18-0029 5. Recommendation:To approve the Planning Commission action minutes of the November 21, 2017 regular meeting. 6. Resolution(s) for Consideration - None *************************************************************************************************************** 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. *************************************************************************************************************** Information Only: Public Hearing Notices and Projects Zoning Map18-0052 Section II Page 3 City of Hermosa Beach Printed on 3/21/2024 3 January 22, 2018Planning Commission Adjourned Meeting Agenda - Final PUBLIC HEARING PDP 18-3, PDP 18-4, PDP 18-5 and PDP 18-6 - Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) REPORT 18-0043 7. Recommendation:Adopt the attached resolutions approving Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), subject to conditions, and determine the projects are categorically exempt from the California Environmental Quality Act (CEQA). CUP 18-1 - A Conditional Use Permit Amendment request for floor plan modifications in conjunction with a late night restaurant with current hours of 7 am to 2 am daily with on-sale general alcohol and live entertainment located at 50A Pier Avenue (Patrick Molloy’s), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). REPORT 18-0041 8. Recommendation:Adopt the attached resolution approving the Conditional Use Permit Amendment request for floor plan modifications at 50A Pier Avenue (Patrick Molloy's), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Section III HEARING SIGN REVIEW - S4 #34 Determination on whether a proposed 840 ± square foot display proposed on the north wall of the building at 545 Cypress Avenue is a mural, and is Categorically Exempt from the California Environmental Quality Act. REPORT 18-0023 9. Recommendation:Adopt the attached resolution and determine that the proposed display covering 840 � square feet of surface area on north side of an existing building is consistent with the Municipal Code definition of 'Mural' at 545 Cypress Avenue and determine the project is not subject to the California Environmental Quality Act (CEQA). Page 4 City of Hermosa Beach Printed on 3/21/2024 4 January 22, 2018Planning Commission Adjourned Meeting Agenda - Final Vesting Tentative Tract Map No. 73931- To extend the expiration date of the Vesting Tentative Tract Map No. 73931 for a three-unit residential condominium project for one year at 501 11th Street. REPORT 18-0050 10. Recommendation:To extend the expiration date of the Vesting Tentative Tract Map No. 73931 for a three-unit residential condominium project one year, to February 16, 2019, by minute order. Section IV 11. Staff Items Verbal Report on City Council ActionsREPORT 18-0030 a. Verbal Status Report on Major Planning ProjectsREPORT 18-0031 b. Planning Commission Tentative Future Agenda ItemsREPORT 18-0051 c. Recommendation:To receive and file the January 31 and February 20, 2018 Planning Commission tentative future agenda items. Community Development Department Activity Reports of October and November, 2017 REPORT 18-0032 d. Recommendation:To receive and file the October and November, 2017 Community Development Department activity reports. 12. Commissioner Items 13. Adjournment to January 31, 2018, 7 PM, Special Meeting for Skechers Project Page 5 City of Hermosa Beach Printed on 3/21/2024 5 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0029 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 Approval of the November 21, 2017 Planning Commission Action Minutes Recommended Action: To approve the Planning Commission action minutes of the November 21, 2017 regular meeting. Attachment: 1.November 21, 2017, Planning Commission action minutes Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™6 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Draft Planning Commission Chair Rob Saemann Vice Chair Marie Rice Commissioners David Pedersen Peter Hoffman Michael Flaherty 7:00 PM Council ChambersTuesday, November 21, 2017 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Commissioner Michael Flaherty, Commissioner Peter Hoffman, Commissioner David Pedersen, Commissioner Marie Rice, and Chairperson Rob Saemann Present 5 - Absent 0 Commissioner Hoffman arrived at 7:27 P.M. Also Present: Ken Robertson, Community Development Director Lauren Langer, Assistant City Attorney Patrick Donegan, Assistant City Attorney Nicole Ellis, Associate Planner Kathy Khang, Assistant Planner Yuritzy Randle, Assistant Planner 4. Oral / Written Communications Section I CONSENT CALENDAR 5.REPORT 17-0653 Approval of the October 17, 2017 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the October 17, 2017 regular meeting. October 17, 2017 Planning Commission action minutesAttachments: Page 1City of Hermosa Beach 7 November 21, 2017Planning Commission Action Minutes - Draft ACTION: Motion by Commissioner Pedersen and seconded by Commissioner Flaherty to approve the October 17, 2017 action minutes as presented. The motion carried, noting the absence of Commissioner Hofffman. 6. Resolution(s) for Consideration - None *************************************************************************************************************** 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. *************************************************************************************************************** 17-0657 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP 1. Public Notices 2. Projects Zoning Map Attachments: Section II PUBLIC HEARING 7.REPORT 17-0678 CON 17-10, PDP 17-10, VTPM #74545 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, and determine the project is categorically exempt from the California Environmental Quality Act (continued from the August 15, September 19 and October 17, 2017 meetings). Recommendation:To adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Draft Resolution Poster Verification Radius Map Applicant Submittal Supplemental Information - Revised Plan Detail for Adjustment to Front Yard Grade (added 11/20/17 at 11:40 am) Attachments: Coming forward to speak: Jason Clark. ACTION: Motion by Commissioner Rice and seconded by Chair Saemann to adopt the resolution approving subject request for a two-unit detached condominium project at 617 Longfellow Avenue with amendment to add Condition No. 30 to state "The plans shall be revised to the satisfaction of the Page 2City of Hermosa Beach 8 November 21, 2017Planning Commission Action Minutes - Draft Community Development Director to mitigate sound impacts from the condensers which could include moving the condensers inside the retaining wall.", and determine the project is categorically exempt from the California Environmental Quality Act. The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 4 - Absent:0 Abstain:Commissioner Hoffman1 - 8.REPORT 17-0679 ZON 17-1-- Zone Change from General Commercial (C-3) to One Family Residential (R-1) to be consistent with the PLAN Hermosa Land Use Designation of Low Density Residential (LD) at the vacant lot between 820 9th Street and 830 9th Street (temporarily addressed as 822 9th Street), and determine the rezone will be consistent with the General Plan designation for the property which was within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR). Recommendation:Adopt the attached resolution recommending the City Council approve a zone change from C-3 to R-1. Draft Resolution Zoning and General Plan Maps Posting Verification and Radius Map Applicant Submittal Attachments: Coming forward to speak: Fahim Mansour, Steve Tonne and Jon Coleman. ACTION: Motion by Commissioner Flaherty and seconded by Commissioner Pedersen to adopt the resolution, as presented, recommending the City Council approve subject zone change from C-3 to R-1, and determine the rezone will be consistent with the General Plan designation for the property which was within the scope of the project considered in the PLAN Hermosa Environmental Impact Report . The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 9.REPORT 17-0684 Building File B-5 -- Text Amendment to the Hermosa Beach Municipal Code Section 15.04.050 Expiration of Permits (Referral from the City Council) Recommendation:To recommend that City Council amend the code as attached. The approach is to provide for two exceptions to the two year expiration. 1. The Planning Commission may establish longer time frames for construction and expiration of permits on large or complex discretionary projects. 2. The Building Official may grant 6-month permit extensions upon written request showing that circumstances beyond the control of the permittee have prevented completion of the project. Page 3City of Hermosa Beach 9 November 21, 2017Planning Commission Action Minutes - Draft 1. Proposed Resolution 2. City Council staff report with attachments, October 24, 2017 Attachments: Coming forward to speak: None. ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Flaherty to adopt the resolution recommending that City Council amend the code as attached. The approach is to provide for two exceptions to the two year expiration. 1. The Planning Commission may establish longer time frames for construction and expiration of permits on large or complex discretionary projects. 2. The Building Official may grant 6-month permit extensions upon written request showing that circumstances beyond the control of the permittee have prevented completion of the project. The Planning Commission also directed staff that for larger discretionary projects that the time frame include all phases of construction (i.e. demolition, excavation, building construction, and site improvements). The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 Section III HEARING 10.REPORT 17-0676 SIGN REVIEW - S4 #33 Determination of whether the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution and determine that the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Draft Resolution Planning Commission March 15, 2011- Staff Report and Attachments Minutes from March 15, 2011 meeting Site Photos Applicant Submittal Attachments: Coming forward to speak: None. ACTION: Motion by Commissioner Hoffman and seconded by Chair Saemann to adopt the resolution and determine that the proposed sign displays covering 241± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway with amendment to Section 6 (Item 1.c.) of the resolution to complete Page 4City of Hermosa Beach 10 November 21, 2017Planning Commission Action Minutes - Draft the sentence by adding a period at the end of “activities such as biking.” and remove the statement “and the use of the Hermosa Beach Skate Park located at 710 Pier Avenue.”, and determine the project is not subject to the California Environmental Quality Act. The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 Section IV 11. Staff Items REPORT 17-0655 a.Verbal Report on City Council Actions REPORT 17-0656 b.Verbal Status Report on Major Planning Projects c.REPORT 17-0686 December 11, 2017 Planning Commission Tentative Future Agenda Items The Planning Commission cancelled the December 11, 2017 meeting as there are no items scheduled. d.REPORT 17-0652 Community Development Department Activity Report of September, 2017 Recommendation:To receive and file the September, 2017 Community Development Department activity report. Community Development Department activity report of September, 2017 Attachments: ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Pedersen to receive and file the September, 2017 Community Development Department activity report. The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 12. Commissioner Items 13. Adjournment The meeting was adjourned to January 16, 2018 at 7:00 P.M. due to cancellation of the December 11, 2017 meeting. Page 5City of Hermosa Beach 11 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0052 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of January 22, 2018 Information Only: Public Hearing Notices and Projects Zoning Map Attachments: 1.Public Notices 2.Projects Zoning Map City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™12 PUBLIC NOTICE OF ADJOURNMENT AND RESCHEDULED MEETING Regular Planning Commission Meeting of January 16, 2018 NOTICE IS HEREBY GIVEN that due to lack of a quorum, the regular Planning Commission meeting of Tuesday, January 16, 2018 has been adjourned and rescheduled to Monday, January 22, 2018 at 7:00 P.M at the Hermosa Beach City Council Chambers. The agenda for the adjourned meeting on January 22nd will be posted separately. The following Public Hearings originally noticed for Tuesday, January 16, 2018 are continued to the meeting of Monday, January 22, 2018. Said Public Hearings shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard at the City Council Chambers, Hermosa Beach City Hall, 1315 Valley Drive, Hermosa Beach, California 90254. 1. Conditional Use Permit amendment for floor plan modifications in conjunction with a late night restaurant with current hours of 7 am to 2 am daily with on-sale general alcohol and live entertainment located at 50A Pier Avenue (Patrick Molloy’s), and determination that the project is categorically exempt from the California Environmental Quality Act. 2. Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, January 18, 2018, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. 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. 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 any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, January 18, 2018, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk 13 14 Sea View Park PDP (New restrooms) Zone: OS 501 11th St Map Extension for 3 unit condo Zone: R-3 Fort Lots-of-Fun PDP (New restrooms) Zone: OS 545 Cypress Ave Mural Review Zone: M-1 50A Pier Ave, Patrick Molloy’s CUP Amendment Zone: M-1 South Park PDP (New restrooms) Zone: OS Clark Stadium PDP (New restrooms) Zone: OS Project Zoning Map Planning Commission Meeting January 22, 2018 15 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0043 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 PDP 18-3, PDP 18-4, PDP 18-5 and PDP 18-6 - Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) Applicant: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Recommended Action: Adopt the attached resolutions approving Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), subject to conditions, and determine the projects are categorically exempt from the California Environmental Quality Act (CEQA). Background: GENERAL PLAN:Open Space (OS) ZONING:Open Space (O-S) ENVIRONMENTAL DETERMINATION: Categorically Exempt, CEQA Section 15303(e) (Class 3 Exemption, New Construction or Conversion of Small Structures) The City proposes to construct restroom facilities within four of its existing parks located at: 861 Valley Drive (Clark Stadium); southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun); th City of Hermosa Beach Printed on 2/20/2024Page 1 of 5 powered by Legistar™16 Staff Report REPORT 18-0043 southeast corner of Prospect Avenue and 19th Street (Seaview Park); and 425 Valley Drive (South Park). Four design charrettes (one per location) were conducted Sunday, August 13, 2017 and approximately 40 members of the public participated Public comments and suggestions were incorporated into the designs where feasible. Clark Stadium: Located at 861 Valley Drive, the 268,745 square foot park abuts Valley Drive on the west, and residential properties on the north, south and west. The park includes Clark Field, the Clark Building, and the Lawn Bowling Club. Clark Field features programmed space for organized sports, and its main users are the City of Hermosa Beach Slo-Pitch Softball League, American Youth Soccer Organization (AYSO) Region 18, and Hermosa Beach Little League, and its hours of operation are 8AM to 10PM. The proposed 755 square foot restroom facility is to be added onto an existing building located at the northern edge of the park, where residential properties abut the north property line of the park, and southwest of the public parking lot. The existing building will be incorporated the design, and will be remodeled to serve as storage for Little League and AYSO. Attached to the east end of the existing building, the proposed 9’-“6” tall, flat-roof, ADA-compliant building is designed pursuant to applicable CPTED principles (Crime Prevention Through Environmental Design). The building will be oriented to the south toward the ballfield, feature eight lockable stalls and a “chase” enclosure on the north side to service the plumbing facilities when necessary and also provide storage space for restroom and cleaning supplies. Electric-powered hand dryers will eliminate the need for paper towels. Roof-top solar panels will provide power for illumination of the interior as well as all other electrical needs for the building. The exterior of the proposed building will feature a contemporary design and be comprised of CMU block with decorative metal screens, and a metal roof. Fort Lots-of-Fun: Located at the southeast corner of Prospect Avenue and 6th Street, the 13,620 square foot park abuts residential properties to the south property and a City building to the east. The park is enclosed by fencing and a lockable gate, includes play equipment and picnic tables, and its hours of operation are dawn to dusk. . The proposed 85 square foot restroom/play facility is designed pursuant to applicable CPTED principles (Crime Prevention Through Environmental Design), and is to be located along the northern edge of the park site, immediately west of the park entrance. The existing new pine trees, planted mid-2017, that are located within the proposed building footprint will be relocated elsewhere in the park. The proposed 15’-11” tall, hipped roof building will include a ground floor, ADA compliant, single -room, two-toilet water closet, oriented to the east, with an outdoor sink located next to the lockable door on the east elevation. The interior will be illuminated via combination of solar tube and electricity. The south elevation features a ladder up to the 2nd level covered play facility, where the slide can be accessed down to the ground on the west side. The exterior of the proposed two-level building features metal louvers and wood siding designed to resemble a late 1800’s wooden fort, and the City of Hermosa Beach Printed on 2/20/2024Page 2 of 5 powered by Legistar™17 Staff Report REPORT 18-0043 roofing material will be asphalt shingles. Seaview Park: Located at the southeast corner of Prospect Avenue and 19th Street, the 12,500 square foot park abuts Hermosa View School to the south property line and residential property on the east. The park is enclosed by fencing with a lockable gate, includes play equipment and picnic tables, and its hours of operation are dawn to dusk. The proposed ADA-compliant 93 square foot restroom facility is designed pursuant to applicable CPTED principles (Crime Prevention Through Environmental Design), and is to be located in the southwest corner of the park. The proposed 11’-0” tall, flat roof building will include a single-room, two toilet water closet, oriented to the east, with outdoor sinks located next to the lockable door on the east and north elevations. The interior will be illuminated via solar tube, and solar panels will provide power for all the building’s electrical needs. The exterior of the proposed building features a contemporary design featuring geometric shapes, smooth stucco finishes, round louvered elements on the north and south elevations. South Park: Located at 425 Valley Drive, the 186,000 square foot park abuts Valley Drive on the east, and residential properties on the north, south and west. The park includes the community garden, play field, playground equipment, BBQs, with picnic tables, a classroom building with restrooms and an on -site parking lot. The park is open from dawn to dusk. The proposed ADA-compliant 250 square foot, 12’-1” tall, slope-roof building is designed pursuant to applicable CPTED principles (Crime Prevention Through Environmental Design)/ The building will be oriented to the south and include a family restroom with two toilets, 3 single-person stalls, outdoor sinks on the west elevation, and a “chase” enclosure on the north side to service the plumbing facilities when necessary and also provide storage space for restroom and cleaning supplies. Solar panels will provide power for all of the building’s electrical needs. The exterior of the proposed building features a contemporary design with a slope roof, and a metal cable arch structure that attaches to the roof and arches down over the sidewalk along the south elevation to support flowering vines. Analysis: Each of these parks has a General Plan land use designation of Open Space (OS), and each has a zoning designation of Open Space (O-S). CEQA Compliance: Each project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e), Class 3 Exemption, New Construction or Conversion of Small Structures, because each project consists of an accessory (appurtenant) structure at a developed site. The single structure proposed for each park is well below the number of new structures permitted under the Class 3 Exemption. Moreover, none of the exceptions to Categorical Exemptions apply. None of the projects will impact an environmental resource of hazardous or critical concern and none are in a particularly sensitive environment. Nor will any of the projects result in a significant cumulative impact of successive projects of the same type in the same City of Hermosa Beach Printed on 2/20/2024Page 3 of 5 powered by Legistar™18 Staff Report REPORT 18-0043 place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resources within a state scenic highway. The projects are 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: PLAN Hermosa (the City’s combined General Plan and Local Coastal Program) designates each of these areas as Open Space. The purpose of this land use designation is to prohibit intensive urban development to those open space areas of the city which are necessary to assure permanent open space in and for public parks and recreation areas. Appropriate land uses include public parks in any size or format that provide open space resources to surrounding neighborhoods and the region, including recreation facilities with an emphasis on outdoor uses. The proposal to add restroom facilities to existing parks is supported by the following PLAN Hermosa policies: Parks and Open Space 1.POS 1.1 Facility upgrades. Improve and update park and open space facilities on a regular basis. 2.POS 1.2 Lighting and visibility. Provide appropriate lighting and visibility within park facilities while avoiding adverse impacts to adjacent properties. 3.POS 1.3 CTPED principles. Utilize “Crime Prevention Through Environmental Design” (CPTED) principles in the design and renovation of new and existing parks and open space facilities, including the greenbelt. 4.POS 1.4 Low-maintenance design. Promote environmentally sustainable and low maintenance design principles in the renovation, addition, or maintenance of parks and recreation facilities. 5.POS 2.6 Investment and maintenance. Prioritize the investment and maintenance of existing facilities prior to development and expansion of new facilities. 6.POS 4.4 ADA accessible park access. Install ADA and universally accessible amenities and equipment so that all parks, beach, and trail networks are accessible to all persons. Sustainability and Conservation 1.SC 4.4 Municipal facilities Utilize renewable energy sources at City facilities. Zoning Ordinance Compliance: Pursuant to Zoning Ordinance Section 17.30.090, all new construction within an O-S zoned property is required to obtain a planned development permit. Section 17.30 sets forth development standards, and authorizes the Planning Commission to waive or modify the development standards where topography and/or design considerations warrant such waiver or modification. Analysis of the proposed project with applicable development standards are set forth below: CRITERIA per HBMC 17.30 Clark Stadium Fort Lots-of- Fun Seaview Park South Park Max. building coverage Allowed/Proposed 10%4.41%10%0.63%10%0.74%10%2.24% Max. Building Height Allowed/Proposed 2 stories & 25’/ 9’-6” 2 stories & 25’/ 15’-11” 2 stories & 25’/ 11’-0” 2 stories & 25’/ 12’-1” Min. building setback Required/Proposed 20’7’-10”20’3’-9”20’10’20’42’-6” All yard/open areas must be attractively landscaped except for areas used for court games, parking and buildings Yes Yes Yes Yes City of Hermosa Beach Printed on 2/20/2024Page 4 of 5 powered by Legistar™19 Staff Report REPORT 18-0043 CRITERIA per HBMC 17.30 Clark Stadium Fort Lots-of- Fun Seaview Park South Park Max. building coverage Allowed/Proposed 10%4.41%10%0.63%10%0.74%10%2.24% Max. Building Height Allowed/Proposed 2 stories & 25’/ 9’-6” 2 stories & 25’/ 15’-11” 2 stories & 25’/ 11’-0” 2 stories & 25’/ 12’-1” Min. building setback Required/Proposed 20’7’-10”20’3’-9”20’10’20’42’-6” All yard/open areas must be attractively landscaped except for areas used for court games, parking and buildings Yes Yes Yes Yes The proposed facilities at three of the park (Clark Stadium, Fort Lots-of-Fun and Seaview Park) do not meet the required 20-foot setback from the property line. The facility at Clark Stadium Field is proposed to be attached to an existing building to take advantage of the existing utilities and the opportunity to upgrade the façade of the building. Because of the small size of both Fort Lots-of-Fun and Seaview Park and the need to preserve as much of the existing play area as possible, the facilities at both of these parks are proposed to be located near the property lines. Therefore, the encroachment into the setback for three of the proposed restroom facilities is driven by design considerations related to existing facilities within each park. Summary: The proposed restroom facilities at Clark Stadium, Fort Lots-of-Fun, Seaview Park and South Park, as conditioned, are consistent with the zoning code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolutions approving the PDPs for each project, and determining that the projects are categorically exempt from the California Environmental Quality Act (CEQA). Attachments: 1. Draft Resolution - Clark Stadium 2. Draft Resolution - Fort Lots-of-Fun 3. Draft Resolution - Seaview Park 4. Draft Resolution - South Park 5. Plans 6. Existing Site Photos 7. Legal Posters and Radius Maps 8. Correspondence containing public comment Respectfully Submitted by: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 5 of 5 powered by Legistar™20 1 RESOLUTION P.C. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH APPROVING PRECISE DEVELOPMENT PLAN (PDP 18-3) FOR A NEW RESTROOM FACILITY WITHIN AN EXISTING CITY PARK LOCATED WITHIN AN OPEN SPACE (OS) ZONING DISTRICT AT 861 VALLEY DRIVE (CLARK STADIUM). The Planning Commission hereby resolves and orders as follows: Section 1. An application was filed by the City of Hermosa Beach for a Precise Development Plan to construct a new restroom facility within an existing Cit y park located within an Open Space zoning district at 861 Valley Drive (Clark Stadium). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan (PDP 18-3) on January 22, 2018, at which time the Staff Report and testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of a single, new, small accessory structure. More specifically, the project is construction of a single, 755 square foot restroom building as an accessory to existing facilities. The single structure is well below the number of new structures permitted under the Class 3 Exemption. Moreover, none of the exceptions to Categorical Exemptions apply. The project will not impact an environmental resource of hazardous or critical concern and is not in a particularly sensitive environment. 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 resources within a state scenic highway. The project 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. The project is consistent with the provisions of PLAN Hermosa (the City’s combined General Plan and Local Coastal Plan), because it includes a facility upgrade, promotes proper lighting and visibility, implements principles of Crime Prevention Through Environmental Design, provides a low maintenance design, provides investment and maintenance into existing facilities, provides access in accordance with the Americans with Disability Act, and utilizes renewable energy sources. Section 5. The project is consistent with the permitted uses and applicable development standards of Hermosa Beach Municipal Code Section (HBMC) 17.30, Open Space Zone, with the exception of the requirement of a minimum twenty (20) foot setback from the north property line. However, HBMC Section 1730.090 authorizes a waiver or modification of the development standards where, in the opinion of the Planning Commission, topography and/or design considerations warrant such waiver or modification. Modification of the twenty (20) foot setback 21 2 to seven feet, ten inches (7’-10”) along the north property line is warranted because the new restroom facility proposed to be attached to an existing building to take advantage of the existing utilities and the opportunity to upgrade the façade of the building. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan for a new restroom facility at an existing City park located at 861 Valley Drive (Clark Stadium), subject to the following Conditions of Approval: General: 1. The development and continued use of the property shall be in conformance with the submitted plans received and reviewed by the Planning Commission at its meeting of January 22, 2018, revised in accordance with the conditions below. The Community Development Department may approve minor modifications that do not oth erwise conflict with the Hermosa Beach Municipal Code ore requirements of this approval. 2. The project shall fully comply with all requirements of the Open Space (OS) zone as applicable, and other applicable sections of the HBMC, including but not limited to: a. The setback from the north property line shall be no less than seven feet, ten inches (7’-10”). b. Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. 3. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 4. 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. In addition: a. All exterior lighting shall be downcast, 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 (3 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. 22 3 5. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 6. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this conditional use permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. 7. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. Public Works: 8. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing 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, shall be filed with the Community Development Department. 9. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 10. 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. 11. 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. 12. Sewer lateral video must be submitted with plan check submittal, if the plan is to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 13. Sewer main work may be required after review of sewer lateral video. Construction: 23 4 14. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a. The form of the notification shall be provided by the Planning Division of the Community Development Department. b. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. 15. 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. 16. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 17. Other: 18. Approval of these permits 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 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. 19. 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 use. 20. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. Section 7. 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. Section 8. 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. 24 5 VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its adjourned regular meeting of January 22, 2018. Rob Saemann, Chairman Ken Robertson, Secretary Date 25 1 RESOLUTION P.C. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH APPROVING PRECISE DEVELOPMENT PLAN (PDP 18-4) FOR A NEW RESTROOM FACILITY WITHIN AN EXISTING CITY PARK LOCATED WITHIN AN OPEN SPACE (OS) ZONING DISTRICT AT THE SOUTHEAST CORNER OF PROSPECT AVENUE AND 6TH STREET (FORT LOTS-OF-FUN). The Planning Commission hereby resolves and orders as follows: Section 1. An application was filed by the City of Hermosa Beach for a Precise Development Plan to construct a new restroom facility within an existing City park located within an Open Space zoning district at the southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan (PDP 18-4) on January 22, 2018, at which time the Staff Report and testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of a single, new, small accessory structure. More specifically, the project is construction of a single, 85 square foot restroom building as an accessory to existing facilities. The single structure is well below the number of new structures permitted under the Class 3 Exemption. Moreover, none of the exceptions to Categorical Exemptions apply. The project will not impact an environmental resource of hazardous or critical concern and is not in a particularly sensitive environment. 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 resources within a state scenic highway. The project 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. The project is consistent with the provisions of PLAN Hermosa (the City’s combined General Plan and Local Coastal Plan), because it includes a facility upgrade, promotes proper lighting and visibility, implements principles of Crime Prevention Through Environmental Design, provides a low maintenance design, provides investment and maintenance into existing facilities, provides access in accordance with the Americans with Disability Act, and utilizes renewable energy sources. Section 5. The project is consistent with the permitted uses and applicable development standards of Hermosa Beach Municipal Code Section (HBMC) 17.30, Open Space Zone, with the exception of the requirement of a minimum twenty (20) foot setback from the north property line. However, HBMC Section 1730.090 authorizes a waiver or modification of the development 26 2 standards where, in the opinion of the Planning Commission, topography and/or design considerations warrant such waiver or modification. Modification of the twenty (20) foot setback to three feet, nine inches (3’-9”) along the north property line is warranted because of the small size of the existing park and the need to preserve as much of the existing play area as possible. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan for a new restroom facility at an existing City park located at the southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun), subject to the following Conditions of Approval: General: 1. The development and continued use of the property shall be in conformance with the submitted plans received and reviewed by the Planning Commission at its meeting of January 22, 2018, revised in accordance with the conditions below . The Community Development Department may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code ore requirements of this approval. 2. The project shall fully comply with all requirements of the Open Space (OS) zon e as applicable, and other applicable sections of the HBMC, including but not limited to: a. The setback from the north property line shall be no less than three feet, nine inches (3’-9”). b. Conduit to accommodate roof mounted alternative energy equipment fo r solar energy and solar thermal shall also be supplied per Section 15.32.140. 3. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 4. 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. In addition: a. All exterior lighting shall be downcast, 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 (3 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. 27 3 5. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 6. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this conditional use permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. 7. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demoliti on of the existing improvements and new construction shall be recycled. Public Works: 8. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing 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, shall be filed with the Community Development Department. 9. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 10. 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. 11. 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. 12. Sewer lateral video must be submitted with plan check submittal, if the plan is to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 13. Sewer main work may be required after review of sewer lateral video. Construction: 28 4 14. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a. The form of the notification shall be provided by the Planning Division of the Community Development Department. b. Building permits will not be issued until the applicant provides a n affidavit certifying mailing of the notice. 15. 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. 16. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 17. Other: 18. Approval of these permits 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 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. 19. 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 use. 20. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. Section 7. 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. Section 8. 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. 29 5 VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its adjourned regular meeting of January 22, 2018. Rob Saemann, Chairman Ken Robertson, Secretary Date 30 1 RESOLUTION P.C. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH APPROVING PRECISE DEVELOPMENT PLAN (PDP 18-5) FOR A NEW RESTROOM FACILITY WITHIN AN EXISTING CITY PARK LOCATED WITHIN AN OPEN SPACE (OS) ZONING DISTRICT AT THE SOUTHEAST CORNER OF PROSPECT AVENUE AND 19TH STREET (SEAVIEW PARK). The Planning Commission hereby resolves and orders as follows: Section 1. An application was filed by the City of Hermosa Beach for a Precise Development Plan to construct a new restroom facility within an existing City park located within an Open Space zoning district at the southeast corner of Prospect Avenue and 19th Street (Seaview Park). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan (PDP 18-5) on January 22, 2018, at which time the Staff Report and testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of a single, new, small accessory structure. More specifically, the project is construction of a single, 93 square foot restroom building as an accessory to existing facilities. The single structure is well below the number of new structures permitted under the Class 3 Exemption. Moreover, none of the exceptions to Categorical Exemptions apply. The project will not impact an environmental resource of hazardous or critical concern and is not in a particularly sensitive environment. 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 resources within a state scenic highway. The project 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. The project is consistent with the provisions of PLAN Hermosa (the City’s combined General Plan and Local Coastal Plan), because it includes a facility upgrade, promotes proper lighting and visibility, implements principles of Crime Prevention Through Environmental Design, provides a low maintenance design, provides investment and maintenance into existing facilities, provides access in accordance with the Americans with Disability Act, and utilizes renewable energy sources. Section 5. The project is consistent with the permitted uses and applicable development standards of Hermosa Beach Municipal Code Section (HBMC) 17.30, Open Space Zone, with the exception of the requirement of a minimum twenty (20) foot setback from the west property line. However, HBMC Section 1730.090 authorizes a waiver or modification of the development 31 2 standards where, in the opinion of the Planning Commission, topography and/or design considerations warrant such waiver or modification. Modification of the twent y (20) foot setback to ten (10) feet along the west property line is warranted because of the small size of the existing park and the need to preserve as much of the existing play area as possible. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan for a new restroom facility at an existing City park located at the southeast corner of Prospect Avenue and 19th Street (Seaview Park), subject to the following Conditions of Approval: General: 1. The development and continued use of the property shall be in conformance with the submitted plans received and reviewed by the Planning Commission at its meeting of January 22, 2018, revised in accordance with the conditions below. The Community Development Department may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code ore requirements of this approval. 2. The project shall fully comply with all requirements of the Open Space (OS) zone as applicable, and other applicable sections of the HBMC, including but not limited to: a. The setback from the west property line shall be no less than ten (10) feet. b. Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. 3. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 4. 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. In addition: a. All exterior lighting shall be downcast, 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 (3 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. 32 3 5. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 6. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this conditional use permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. 7. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. Public Works: 8. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing 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, shall be filed with the Community Development Department. 9. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 10. 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. 11. 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. 12. Sewer lateral video must be submitted with plan check submittal, if the plan is to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 13. Sewer main work may be required after review of sewer lateral video. Construction: 33 4 14. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a. The form of the notification shall be provided by the Planning Division of the Community Development Department. b. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. 15. 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. 16. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 17. Other: 18. Approval of these permits 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 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. 19. 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 use. 20. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. Section 7. 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. Section 8. 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. 34 5 VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its adjourned regular meeting of January 22, 2018. Rob Saemann, Chairman Ken Robertson, Secretary Date 35 1 RESOLUTION P.C. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH APPROVING PRECISE DEVELOPMENT PLAN (PDP 18-5) FOR A NEW RESTROOM FACILITY WITHIN AN EXISTING CITY PARK LOCATED WITHIN AN OPEN SPACE (OS) ZONING DISTRICT AT 425 VALLEY DRIVE (SOUTH PARK). The Planning Commission hereby resolves and orders as follows: Section 1. An application was filed by the City of Hermosa Beach for a Precise Development Plan to construct a new restroom facility within an existing City park located within an Open Space zoning district at 425 Valley Drive (South Park). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan (PDP 18-6) on January 22, 2018, at which time the Staff Report and testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of a single, new, small accessory structure. More specifically, the project is construction of a single, 250 square foot restroom building as an accessory to existing facilities. The single structure is well below the number of new structures permitted under the Class 3 Exemption. Moreover, none of the exceptions to Categorical Exemptions apply. The project will not impact an environmental resource of hazardous or critical concern and is not in a particularly sensitive environment. 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 resources within a state scenic highway. The project 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. The project is consistent with the provisions of PLAN Hermosa (the City’s combined General Plan and Local Coastal Plan), because it includes a facility upgrade, promotes proper lighting and visibility, implements principles of Crime Prevention Through Environmental Design, provides a low maintenance design, provides investment and maintenance into existing facilities, provides access in accordance with the Americans with Disability Act, and utilizes renewable energy sources. Section 5. The project is consistent with the permitted uses and applicable development standards of Hermosa Beach Municipal Code Section (HBMC) 17.30, Open Space Zone. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan for a new restroom facility at an existing City park located at the 425 Valley Drive (South Park), subject to the following Conditions of Approval: 36 2 General: 1. The development and continued use of the property shall be in conformance with the submitted plans received and reviewed by the Planning Commission at its meeting of January 22, 2018, revised in accordance with the conditions below. The Community Development Department may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code ore requirements of this approval. 2. The project shall fully comply with all requirements of the Open Space (OS) zone as applicable, and other applicable sections of the HBMC, including but not limited to: a. Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. 3. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 4. 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. In addition: a. All exterior lighting shall be downcast, 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 (3 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. 5. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 6. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the conditions of approval of this conditional use permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. 37 3 7. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. Public Works: 8. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing 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, shall be filed with the Community Development Department. 9. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 10. 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. 11. 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. 12. Sewer lateral video must be submitted with plan check submittal, if the plan is to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 13. Sewer main work may be required after review of sewer lateral video. Construction: 14. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a. The form of the notification shall be provided by the Planning Division of the Community Development Department. b. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. 38 4 15. 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. 16. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 17. Other: 18. Approval of these permits 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 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. 19. 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 use. 20. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. Section 7. 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. Section 8. 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 39 5 I hereby certify the foregoing Resolution P.C. 18-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its adjourned regular meeting of January 22, 2018. Rob Saemann, Chairman Ken Robertson, Secretary Date 40 41 42 43 44 45 46 47 48 49 Clark Stadium Existing Site Photos Depicting Area Where New Restrooms Are Proposed 50 Fort Lots-of-Fun Existing Site Photos Depicting Area Where New Restrooms Are Proposed 51 Seaview Park Existing Site Photos Depicting Area Where New Restrooms Are Proposed 52 South Park Existing Site Photos Depicting Area Where New Restrooms Are Proposed 53 54 55 56 57 58 59 60 61 62 63 Planning Commission Meeting (Rescheduled from January 16, 2018) Meeting Time: 01-22-18 19:00 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Planning Commission Meeting (Rescheduled from January 16, 2018) 01-22-18 19:00 37 1 0 1 0 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment 64 Planning Commission Meeting (Rescheduled from January 16, 2018) 01-22-18 19:00 Agenda Name Comments Support Oppose Neutral 7. REPORT 18-0043 PDP 18-3, PDP 18-4, PDP 18-5 and PDP 18-6 - Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) 1 0 1 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 7. REPORT 18-0043 PDP 18-3, PDP 18-4, PDP 18-5 and PDP 18-6 - Precise Development Plans for new restroom facilities within four existing City parks located at 861 Valley Drive (Clark Stadium, PDP 18-3), southeast corner of Prospect Avenue and 6th Street (Fort Lots-of-Fun, PDP 18-4), southeast corner of Prospect Avenue and 19th Street (Seaview Park, PDP 18-5) and 425 Valley Drive (South Park, PDP 18-6), and determine the project is categorically exempt from the California Environmental Quality Act (CEQA) Overall Sentiment Peter Tucker Location: Submitted At: 11:04pm 01-21-18 65 The restrooms are needed but I don't agree with the costly construction proposals. These are public restrooms subject to vandalism as the City well knows. All of the buildings should be built out of concrete masonry blocks (CMU). There is no natural ventilation(screened openings. Why don't all of the buildings have skylights to reduce the energy needs. Has a energy cost analyses been done to justify the cost of solar panels?? Fort Lots of Fun is using wood for the exterior which should be a recycled material (wood requires maintenance) Forts Lots of Fun appear to be located near a retain wall that is not structurally sound (damaged from tree that has been removed) and the proposed building will place a surge hard on this wall. Might be better to relocate this building. Why asphalt shingles?? The ladder to the slide is this ADA compliant?? The gray water system does the City have an Ordinance to allow this or is the City using the Calif. Plumbing Code 2017?? Has the City consulted with L.A. County Health Department to ensure that local public concerns are addressed (Chp. 16 Calif. Plumbing Code) The only gray water that can be recycled is that from the lavatory sinks If there is a gray water system where are the leaching fields (not shown on plans) These restrooms are being presented as net zero but according to the designer who told me that they are only being build to the Green Code as all buildings being build nothing special. . 66 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0041 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 CUP 18-1 - A Conditional Use Permit Amendment request for floor plan modifications in conjunction with a late night restaurant with current hours of 7 am to 2 am daily with on-sale general alcohol and live entertainment located at 50A Pier Avenue (Patrick Molloy’s), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant:Fred Hahn Ro-Al Inc. dba Patrick Molloy’s 50A Pier Avenue Hermosa Beach, CA 90254 Recommended Action: Adopt the attached resolution approving the Conditional Use Permit Amendment request for floor plan modifications at 50A Pier Avenue (Patrick Molloy’s), and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Background ZONING:C-2, Restricted Commercial GENERAL PLAN:Recreational Commercial EXISTING/PROPOSED USE:Restaurant with on-sale sale general alcohol and live entertainment/ no change ALCOHOL SERVICE:Type 47 ABC (General on-sale) LOT SIZE:8,550 sq. ft. BUILDING AREA:7,630 sq. ft. FLOOR AREA OF SUBJECT PREMISES:3,550 sq. ft. USE PERMIT PERMITTED HOURS:7 am to 2 am daily LIVE ENTERTAINMENT PERMITTED HRS:9 pm to 1:15 am Mon.-Fri. and 2 pm to 1:15 am on Sat. and Sun. and Federal and State holidays, Cinco de Mayo and St. Patrick’s Days. PARKING PROVIDED:Two on-site for the entire multi-tenant building and no change proposed ENVIRONMENTAL DETERMINATION:Categorically Exempt,Section 15301(a) The subject site operates as a late-night restaurant with on-sale general alcohol and live entertainment. The restaurant space is currently governed by Planning Commission Resolution 98-52 (attached) and restaurant hours are limited to 7 am to 2 am daily while live entertainment is limited to City of Hermosa Beach Printed on 2/20/2024Page 1 of 8 powered by Legistar™67 Staff Report REPORT 18-0041 9 pm to 1:15 am Monday through Friday and 2 pm to 1:15 am on Saturdays and Sundays and Federal and State holidays, Cinco de Mayo and St. Patrick’s Days. The subject restaurant is part of a multi-tenant building with 90 feet of frontage along Pier Plaza which includes businesses such as the Treasure Chest retail shop, the Green Belt restaurant, and the now vacant tenant space where the Project Taco snack shop once operated. APPLICANT REQUEST This is an “after-the fact” request for approval of floor plan changes (largely furniture replacement and reconfiguration) that occurred in September 2017 in connection with a television show that helps improve restaurants. The purpose of the application is to remedy a citation issued to the business by the City on October 2, 2017, which noted that the changes were not consistent with City approved floor plans (both the CUP floor plan, and the occupant load floor plans). The applicant is proposing to modify the approved floor plan only, with no changes to food service operations, operating hours, live entertainment, or other conditions of the CUP (PC Resolution 98- 52). The applicant also proposes to provide a designated live entertainment area (DJ booth and dance area) at the rear of the business. The applicant indicates that the purpose of the modifications is to update the old and dated atmosphere and décor and to implement an open, bright, contemporary gastropub feel to better compete with successful establishments in the area. HISTORY In 1982 the Planning Commission granted a Conditional Use Permit (CUP) for on-sale beer and wine only in conjunction with a restaurant and sushi bar (Sushi Sei). In 1996 the Planning Commission granted a CUP Amendment for on-sale alcohol in conjunction with a restaurant (Patrick Molloy’s) from 7 am to 2 am daily with floor plan modifications including adding a bar and eliminating a sushi bar, and the Commission’s approval was sustained on appeal to the City Council. In 1998 the Planning Commission approved a CUP Amendment to add live entertainment. No alterations to the interior were proposed. A permanent stage location was not proposed, although the 1998 staff report indicates the area anticipated at the time for performers was identified to the rear of the restaurant (south of the bar counter). There have been several requests for modifications since 1998 detailed as follows: 1998 Approved CUP and Floor Plan The CUP approved floor plan (attached) depicts the following: ·Bar counter; ·Dining areas at the front (north), middle (west) and rear (south) areas of the restaurant space; ·Entertainment corner located at the rear (south) of the restaurant and south of the bar counter; and a ·Partition/barrier half-wall separating the dining areas from the bar area. In January 2000 the applicant filed a request with the State Alcohol Beverage Control Department (ABC) to eliminate a condition prohibiting dancing on the premises. The current and effective ABC conditional license does not prohibit dancing on the premises, and the City does not currently City of Hermosa Beach Printed on 2/20/2024Page 2 of 8 powered by Legistar™68 Staff Report REPORT 18-0041 regulate dancing under CUPs. 2000 Denied CUP Amendment for Floor Plan Modifications The proposed floor plan modifications included: ·Expanded stand-up table configuration; ·Elimination of a wall divider between the bar and dining areas; ·New bank of seating along the west wall of the restaurant; ·Increased seating capacity; and ·Increased occupant load by 22 persons. 2000 Minor Modification Determination Partial Approval ·Approval of the installation of new operable storefront windows with screens along the Pier Plaza frontage to increase ventilation in the afternoons and cut down on noise in the evenings by using laminate glass instead of dual glazed windows. ·Denial of a new 44-inch high and 8-inch wide “drink rail” on the interior (north) window sill. 2006 Community Development Director Determination Approval ·Applicant submitted preliminary plans for proposed interior and exterior restaurant tenant improvements; ·Exterior modifications involved approximately 766 sq. ft. of the building façade by adding four large windows, new building finish and building parapet wall; ·Existing doors and windows at the ground level to remain; ·Interior alterations encompassed approximately 290 sq. ft. to the bar-storage area and added four TVs; and ·Proposed floor plan alterations were determined to be consistent with Planning Commission (PC) Resolution 98-52 and were approved through a Building Permit in 2007. These latest approvals are reflected in the 2008 Occupant Load Plan. Analysis The following summarizes the significant features of the recent modifications and their relationship to the currently approved plans: ·A 40 square foot DJ booth and a 94 sq. ft. designated dance floor area located at the rear (south) portion of the restaurant. A permanent stage location was not identified in the 1998 plans, although the area anticipated at the time for performers was identified at the rear of the restaurant; The 2008 Occupant Load plans do not identify any DJ booth or dance floor. The restaurant currently has the DJ booth, and provides for dancing at the front of the restaurant. ·A 140 sq. ft. “standing lounge” located at the front (north) portion of the restaurant space with a 1’-9” wide fixed counter top with bar stools; ·A 1’-9” wide fixed counter top with bar stools located at rear of restaurant and adjacent to the stairs/storage; ·A 37 sq. ft. rear lounge located between the proposed DJ booth and bar; ·Removal of half wall between dining and bar areas; ·New freestanding tables and chairs with pass through aisles; and dining bench and tables along the west wall and within the dining alcove. City of Hermosa Beach Printed on 2/20/2024Page 3 of 8 powered by Legistar™69 Staff Report REPORT 18-0041 These modifications are relatively minor and as noted are intended to open up the floor plan and update the interior appearance. Similar floor plan modifications were requested in 2000, and at that time the Planning Commission denied the plans based on concerns that these changes would make the business operate more like a bar than a restaurant and increase the occupant load. However, it should be noted that this decision was made in the context of regulations in effect at the time, and different code enforcement priorities. Also, this was before the City added code enforcement staff and routine periodic reviews of on-sale establishments. Some important code changes made since that Planning Commission determination include changes to definitions of restaurant and live entertainment, and new provisions related to operation and proliferation of late night on-sale alcohol establishments. Staff believes these code changes, in aggregate, provide more clarity and protections to address concerns about operations, and should lessen the concern that these types of floor plan changes will result in adverse impacts. For example, pursuant to the new code provisions, no floor plan changes that increase occupant loads are allowed for late night establishments; DJ’s are considered live entertainment (and thus subject to hours restrictions and noise controls related to live entertainment); and late night restaurants must continue food service to within one hour of closing time. Thus, the concerns regarding the floor plan modifications requested in 2000 are more fully addressed by the City’s existing regulatory scheme and are not as relevant to the requested modifications. CUP Criteria, Conditions and Standards: Hermosa Beach Municipal Code Sections 17.40.020 and 17.40.080 establish 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 Conditional Use Permit, including an amendment, 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 residential uses are located south on 11th Court, within the R-3 Multiple Family residential zone, and approximately 300 feet from the subject establishment. Conditions of approval are included in the draft resolution to reduce potential noise impacts from the restaurant use to existing residential uses which is detailed further in criteria I below. B.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; Like most business in the downtown, pedestrian-oriented core, this business largely relies on public parking. There are two existing on-site parking spaces provided for all tenants of the multi-tenant building (south of the Treasure Chest retail space). Given that capacity will not be increased, no increased parking demand is expected from this proposal. C.Location of and distance to churches, schools, hospitals and public playgrounds; The proposed floor plan modifications are not likely to affect Noble Park, which is the nearest sensitive receptor at approximately 460 feet from the project site, or other parks or similar uses in the vicinity due to distance and hours of operation. D. The combination of uses proposed; The proposed project is located within the C-2 Restricted Commercial zone which aims to provide opportunities for a limited range of office, retail, and service commercial uses City of Hermosa Beach Printed on 2/20/2024Page 4 of 8 powered by Legistar™70 Staff Report REPORT 18-0041 specifically appropriate for the scale and character of the downtown, a resident and visitor serving pedestrian-oriented shopping/ entertainment district. Therefore, the proposed floor plan modifications would not conflict with this criteria. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; Conditions of approval are included in the draft resolution to ensure compatibility of the existing restaurant use with surrounding uses, such as requiring adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities, maintaining a neat and clean premises, maintaining music/entertainment volumes at reasonable levels, complying with the City's noise ordinance, closing windows and doors during live entertainment and/or dancing, monitoring dancing and live entertainment as well as staging bands within the 94 square foot designated dance floor area, at the rear of the restaurant and other similar precautionary conditions. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; No additional trips are anticipated to be generated from the proposed floor plan modifications. The occupant load, which is assigned at 231 persons for the interior and 49 persons on the exterior patio, are not proposed or expected to change. The proposed revisions to the floor and seating plans will not expand the square footage. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; No changes regarding exterior signs or décor are proposed. H. The number of similar establishments or uses within close proximity to the proposed establishment; The downtown core is a resident and visitor serving, pedestrian-oriented shopping/entertainment district, and as such, there is a mix of commercial businesses along Pier Plaza consisting of 15 late-night alcohol establishments, 13 of which provide general alcohol (Type 47 license) and two provide beer and wine only (Type 41 license). Eleven establishments are restaurants, three are bars and one is a hotel. Of the 15 late-night alcohol establishments, 13 establishments contain CUPs for outdoor dining and 7 establishments contain CUPs for live entertainment. I. Noise, odor, dust and/or vibration that may be generated by the proposed use; Conditions of approval are included in the draft resolution that require: noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance and shall be monitored to verify compliance with the Noise Ordinance; exterior doors and windows shall be equipped with double-pane glass or a comparable substitute with equivalent sound dampening properties and shall remain closed during any live entertainment and/or dancing; the building shall be equipped with air conditioning to maximize sound proofing; and management shall be responsible for maintaining music/entertainment volumes at reasonable levels. The restaurant is air conditioned and contains double pane windows and doors. The designated DJ booth and dance floor areas are proposed at the rear (south) of the restaurant and away from windows and doors. Therefore, noise and vibration impacts are not anticipated with the proposed floor plan modifications. The proposed floor plan modifications are not anticipated to increase adverse impacts. As required by PC Resolution 98-52, an acoustical study was conducted on a Tuesday and Wednesday in the month of September 1998 between City of Hermosa Beach Printed on 2/20/2024Page 5 of 8 powered by Legistar™71 Staff Report REPORT 18-0041 the hours of 11pm and 11:30pm to assess noise levels generated by live entertainment at Patrick Molloy’s. Ambient noise measurements were made at 11th Street (approximately 216 feet from the rear entrance) as well as the north side of Pier Avenue (approximately 120 feet north of the main entrance). It was found that noise levels at 11th Street (residential) and the north location (commercial) were less than the measured ambient noise levels at the locations with the front and rear doors opened or closed. Therefore, live entertainment was found to comply with the Hermosa Beach Noise Ordinance to the north and south with the rear and front doors open or closed. Although the analysis indicated compliance with the Hermosa Beach Noise Ordinance, with no special mitigation and with doors open, it was recommended that the rear exit door be kept closed when there is live entertainment in the restaurant. A condition of approval is recommended for the current proposal requiring that during any live entertainment and/or dancing, the exterior doors and windows shall remain closed. Therefore, noise and vibration impacts are not anticipated with the proposed floor plan modifications. J. Impact of the proposed use to the city’s infrastructure, and/or services; The proposed modifications to the floor plan are not anticipated to impact current infrastructure. The Police Department indicates that the modified floor plan, which is a more open concept with more lighting, is easier to monitor and inspect when compared to the prior floor plan arrangement, and therefore, the modifications to the floor plan may help reduce the need for Police Department response calls to the site. K. Will the establishment contribute to a concentration of similar outlets in the area; The proposed modifications will not contribute to a concentration of similar outlets in the area. See Item H above. 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. No other issues are identified. Late-Night Alcohol Beverage Establishments Hermosa Beach Municipal Code Section 17.40.090 was adopted in 2012 and provides criteria which applies to “late-night alcohol beverage establishments,” defined as on-sale establishments that have been granted a CUP that allows the establishment to operate after 11:00 p.m., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment. The objective of HBMC 17.40.080.B is to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments through considering the following criteria for any Conditional Use Permit (new or amended) for a late-night alcohol beverage establishment: a.Whether the total number of late-night alcohol beverage establishments will exceed the City’s limit on such establishments. The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time. The total number of late-night alcohol beverage establishments will not increase with the proposal. The existing restaurant establishment is already classified as a late-night alcohol beverage establishment and is included in the total number of late-night alcohol beverage City of Hermosa Beach Printed on 2/20/2024Page 6 of 8 powered by Legistar™72 Staff Report REPORT 18-0041 establishments. b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code. The proposed floor plan modifications do not intensify/increase the occupant load which is assigned at 231 persons for the interior and 49 persons on the exterior patio. The proposed revisions to the floor and seating plans will not expand the square footage. c. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts. The proposed floor plan modifications are not anticipated to increase adverse impacts. See Criteria I analysis above. As noted, however, the plan will now formally designate an area for live entertainment in the rear of the restaurant, rather than no designation being provided. While this modification could be perceived as intensifying the use, in staff’s judgement, it’s preferable to have a live entertainment area designated and in the rear part of the restaurant (rather than the current condition where live entertainment is allowed with no designated area, which has resulted in the business providing entertainment in the front of the restaurant). d. Whether the type, quantity, or geographic location of the establishment will create an over- abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area. The downtown core is a resident and visitor serving, pedestrian-oriented shopping/entertainment district, and as such, there is a mix of commercial businesses along Pier Plaza consisting of 15 late-night alcohol establishments, of which 13 provide general alcohol (Type 47 license) and two provide beer and wine only (Type 41 license). Eleven establishments are restaurants, three are bars, and one is a hotel. Of the 15 late-night alcohol establishments, 13 establishments contain CUPs for outdoor dining and 7 establishments contain CUPs for live entertainment. The proposed floor plan modifications do not affect the number of similar establishments in the area. e. Notwithstanding the criteria in (a) through (d), whether exceptional opportunities exist to achieve other Community Development goals that will benefit the community, such as redevelopment of an underutilized parcel or older building; to promote or catalyze economic activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new business. There are no exceptional opportunities which exist to achieve other Community Development goals that will benefit the community through this request. Environmental Determination: Staff finds the project to be categorically exempt from the California Environmental Quality Act as defined in Section 15301(a) Existing Facilities in that the proposal pertains to an existing facility and involves only minor alterations of the interior/exterior. General Plan Consistency: The establishment is located within the Recreational Commercial (RC) General Plan land use area, and the purpose is to offer a wide variety of recreational and coastal related services to serve both visitors and residents. Appropriate land uses include coastal-related uses and visitor City of Hermosa Beach Printed on 2/20/2024Page 7 of 8 powered by Legistar™73 Staff Report REPORT 18-0041 accommodations such as restaurants, snack shops, entertainment, lodging, retail, beach rentals and other similar uses and allowed on ground or upper floors. The establishment is also located within the Downtown District Character Area where the types of uses provide services and activities associated with the local beach culture to residents as well as visitors to the city. The mix of community and recreational uses serve a functional role in meeting the daily needs and activities of residents and visitors, and accommodate coastal-related recreation and commercial uses which serve the year-round needs of residents and visitors and are attractive and compatible with adjacent residential neighborhoods and commercial districts. Late night restaurant uses are considered appropriate uses within this area, and as such, the proposed modifications do not conflict with the goals and policies of the General Plan. Summary Based on the analysis above, the proposed floor plan modifications, as conditioned, are consistent with the zoning code and PLAN Hermosa. It should be noted the draft resolution is updated with the most current language for standard and required conditions that reflect the current codes for late night restaurants with on-sale alcohol and live entertainment. Staff recommends the Planning Commission adopt the attached resolution approving the CUP Amendment, and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA). Attachments: 1.Proposed Approval Resolution 2.Planning Commission Resolution 98-52 (Current CUP) 3.1998 CUP Approved Floor Plan 4.June 20, 2000 PC Staff Report 5.June 20, 2000 Minutes 6.June 20, 2000 Denied Floor Plan 7.2008 Approved Occupant Load Plan 8.Legal Poster and Radius Map 9.Applicant Submittals 10.Patrick Molloy’s Design Book 11.Menu Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 8 of 8 powered by Legistar™74 1 P.C. RESOLUTION 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR FLOOR PLAN MODIFICATIONS IN CONJUNCTION WITH A LATE NIGHT RESTAURANT WITH CURRENT HOURS OF 7 AM TO 2 AM DAILY WITH ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT LOCATED AT 50A PIER AVENUE (PATRICK MOLLOY’S), AND LEGALLY DESCRIBED AS LOTS 8, 9 AND 10, BLOCK 12 HERMOSA BEACH TRACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Fred Hann with “Patrick Molloy’s” restaurant, seeking an “after-the-fact” amendment for floor plan modifications in conjunction with a late night restaurant with current hours of 7 am to 2 am daily with on-sale general alcohol and live entertainment located at 50a Pier Avenue (Patrick Molloy’s). SECTION 2. The Planning Commission conducted a duly noticed public hearing on January 22, 2018, to consider the application to amend the Conditional Use Permit at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The site is zoned Restricted Commercial (C-2) in which on-sale alcohol use and live entertainment are conditionally permitted uses. 2. The current Conditional Use Permit was amended and approved by Planning Commission Resolution 98-52 to allow live entertainment and on-sale general alcohol in conjunction with a late-night restaurant use. 3. The site is located in the Downtown District and along Pier Plaza which has numerous similar late-night alcohol establishments with on-sale general alcohol and live entertainment. 4. The proposed Conditional Use Permit Amendment for floor plan modifications does not alter the primary use as a restaurant. This after-the-fact request results from changes made in the floor plan in connection with a television show that helps improve restaurants. 5. The site is located within the downtown pedestrian-oriented core in which businesses largely rely on public parking. There are two existing on-site parking spaces provided for all tenants of the multi-tenant building (south of the Treasure Chest retail space). Given that capacity will not be increased no increased parking demand is expected from this proposal. 75 2 SECTION 4. This project is Categorically Exempt pursuant to Section 15301(a) of the California Environmental Quality Act Existing Facilities, in that the proposal pertains to an existing facility and involves only minor alterations of the interior/exterior. SECTION 5. Based on the foregoing factual findings the Planning Commission makes the following findings for the Conditional Use Permit amendment pursuant to Hermosa Beach Municipal Code Sections 17.44.020, 17.40.080 and 17.40.090, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: General Criteria for All Uses Distance from existing residential uses; The nearest residential uses are located south on 11th Court, within the R-3 Multiple Family residential zone, and approximately 300 feet from the subject establishment. Conditions of approval are included in the resolution to reduce potential noise impacts from the restaurant use to existing residential uses which is detailed further in criteria I below. A. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; Like most business in the downtown pedestrian oriented core this business largely relies on public parking. There are two existing on-site parking spaces provided for all tenants of the multi-tenant building (south of the Treasure Chest retail space). Given that capacity will not be increased no increased parking demand is expected from this proposal. B. Location of and distance to churches, schools, hospitals and public playgrounds; The proposed floor plan modifications are not likely to affect Noble Park which is the nearest sensitive receptor at approximately 460 feet from the project site, or other parks or similar uses in the vicinity due to distance and hours of operation. D. The combination of uses proposed; The proposed project is located within the C-2 Restricted Commercial zone which aims to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown, a resident and visitor serving pedestrian-oriented shopping/ entertainment district. Therefore, the proposed floor plan modifications will not conflict with this criteria. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; Conditions of approval are included in the resolution to ensure compatibility of the existing restaurant use with surrounding uses, such as requiring adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities, maintaining a neat and clean premises, maintaining music/entertainment volumes at reasonable levels, complying with the City's noise ordinance, closing windows and doors during live entertainment and/or dancing, monitoring dancing and live entertainment as well as staging bands within the 94 square foot designated dance floor area, at the rear of the restaurant and other similar precautionary conditions. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; 76 3 No additional trips are anticipated to be generated from the proposed floor plan modifications. The occupant load, which is assigned at 231 persons for the interior and 49 persons on the exterior patio, are not proposed or expected to change. The proposed revisions to the floor and seating plans will not expand the square footage. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; No changes regarding exterior signs or décor are proposed. H. The number of similar establishments or uses within close proximity to the proposed establishment; The downtown core is a resident and visitor serving, pedestrian-oriented shopping/entertainment district, and as such, there is a mix of commercial businesses along Pier Plaza consisting of 15 late-night alcohol establishments, 13 of which provide general alcohol (Type 47 license) and two provide beer and wine only (Type 41 license). Eleven establishments are restaurants, three are bars and one is a hotel. Of the 15 late-night alcohol establishments, 13 establishments contain CUPs for outdoor dining and 7 establishments contain CUPs for live entertainment. I. Noise, odor, dust and/or vibration that may be generated by the proposed use; Conditions of approval are included herein that require: noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance and shall be monitored to verify compliance with the Noise Ordinance; exterior doors and windows shall be equipped with double-pane glass or a comparable substitute with equivalent sound dampening properties and shall remain closed during any live entertainment and/or dancing; the building shall be equipped with air conditioning to maximize sound proofing; and management shall be responsible for maintaining music/entertainment volumes at reasonable levels. The restaurant is air conditioned and contains double pane windows and doors. The designated DJ booth and dance floor areas are proposed at the rear (south) of the restaurant and away from windows and doors. As required by Planning Commission Resolution 98-52, an acoustical study was conducted on a Tuesday and Wednesday in the month of September 1998 between the hours of 11pm and 11:30pm to assess noise levels generated by live entertainment at Patrick Molloy’s. Ambient noise measurements were made at 11th Street (approximately 216 feet from the rear entrance) as well as the north side of Pier Avenue (approximately 120 feet north of the main entrance). It was found that noise levels at 11th Street (residential) and the north location (commercial) were less than the measured ambient noise levels at the locations with the front and rear doors opened or closed. Therefore, live entertainment was found to comply with the Hermosa Beach Noise Ordinance to the north and south with the rear and front doors open or closed. Although the analysis indicated compliance with the Hermosa Beach Noise Ordinance, with no special mitigation and with doors open, it was recommended that the rear exit door be kept closed when there is live entertainment in the restaurant. A condition of approval is included requiring that during any live entertainment and/or dancing, the exterior doors and windows shall remain closed. Conditions of approval are included in the resolution to ensure noise, odor, dust and or vibration levels are within those prescribed in the Hermosa Beach Municipal Code. 77 4 J. Impact of the proposed use to the city’s infrastructure, and/or services; The proposed modifications to the floor plan are not anticipated to impact current infrastructure. The Police Department indicates that the modified floor plan, which is a more open concept with more lighting, is easier to monitor and inspect when compared to the prior floor plan arrangement, and therefore, the modifications to the floor plan may help reduce the need for Police Department response calls to the site. K. Will the establishment contribute to a concentration of similar outlets in the area; The proposed modifications will not contribute to a concentration of similar outlets in the area. See Item H above. 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. No other issues are identified. Late-Night Alcohol Beverage Establishments a. Whether the total number of late-night alcohol beverage establishments will exceed the City’s limit on such establishments. The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time. The total number of late-night alcohol beverage establishments will not increase with the proposal. The existing restaurant establishment is already classified as a late-night alcohol beverage establishment and is included in the total number of late-night alcohol beverage establishments. b. Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code. The proposed floor plan modifications do not intensify/increase the occupant load which is assigned at 231 persons for the interior and 49 persons on the exterior patio. The proposed revisions to the floor and seating plans will not expand the square footage. c. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts. The proposed floor plan modifications are not anticipated to increase adverse impacts. See Criteria I analysis above. d. Whether the type, quantity, or geographic location of the establishment will create an over- abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area. The downtown core is a resident and visitor serving, pedestrian-oriented shopping/entertainment district, and as such, there is a mix of commercial businesses along Pier Plaza consisting of 15 late-night alcohol establishments, of which 13 provide general alcohol (Type 47 license) and two provide beer and wine only (Type 41 license). \Eleven establishments are restaurants, three are bars, and one is a hotel. Of the 15 late-night 78 5 alcohol establishments, 13 establishments contain CUPs for outdoor dining and 7 establishments contain CUPs for live entertainment. The proposed floor plan modifications do not affect the number of similar establishments in the area. e. Notwithstanding the criteria in (a) through (d), whether exceptional opportunities exist to achieve other Community Development goals that will benefit the community, such as redevelopment of an underutilized parcel or older building; to promote or catalyze economic activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new business. There are no exceptional opportunities which exist to achieve other Community Development goals that will benefit the community through this request. SECTION 6. Based on the foregoing, the Planning Commission hereby approves the requested amendments to the Conditional Use Permit, subject to the following Conditions of Approval, which supersede the conditions contained in P.C. Resolution 98-52: 1. The continued use of the late-night restaurant with on-sale general alcohol and live entertainment shall be substantially consistent with the plans submitted and approved by the Planning Commission on January 22, 2017. Minor modifications to the plans shall be reviewed and may be approved by the Community Development Director. Any substantial deviation must be reviewed and approved by the Planning Commission. Live entertainment shall not commence until all conditions of this grant are implemented to the satisfaction of the Community Development Director. 2. The hours of operation shall be limited to between 7:00 A.M. and 2:00 A.M. daily. 3. The restaurant shall make available to customers and serve prepared food items of their choice until sixty (60) minutes prior to the close of business. 4. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 5. The business shall provide adequate staffing, management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business and in nearby public areas. 6. 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. 7. The Police Chief may determine that a continuing police problem exists and may, subject to appeal to the Planning Commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. An appeal to the Planning Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief’s determination will not be stayed during the pendency of the 79 6 appeal. If the problem persists, the Police Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit. 8. The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, nonalcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification or revocation proceeding under Section 17.70.010, the Commission, or the Council, may at its discretion require the subject business to provide (a) a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (b) the supporting data upon which the percentage is based. The Planning Commission, or City Council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The results of these audits may be used to determine whether the grounds for modification or revocation exist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or provides on-sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). 9. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 10. Any changes to the interior or exterior layout which alter the primary function of the business as a restaurant shall be subject to review and approval by the Planning Commission. 11. The project and operation of the business shall comply with all applicable requirements of the Hermosa Beach Municipal Code. 12. The provision of alcoholic beverages shall comply with the following: a. All alcoholic beverages shall be served in non-disposable drinkware. b. Signs shall be posted in a conspicuous location warning patrons of the illegality of removing alcoholic beverages from the restaurant, and carrying and consuming alcoholic beverages in any public place such as the public sidewalk or beach. 13. To reduce marine debris associated with take-out containers, the establishment shall not use take-out containers with a “No.6” recycle code. 14. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc., or discharge of any liquids, other than Stormwater, onto the public right-of-way, 80 7 into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 15. Exterior and interior water use shall comply with Chapter 8.56. 16. The restaurant with on-sale alcoholic beverage service may be subject to a periodic review process established by the City to verify conformance with the conditions of approval. 17. The modifications and the operation shall comply with all requirements of the Building, Fire and Public Works Departments. 18. The assigned occupant loads shall not increase. a. The applicant shall submit a plan for occupant load calculation and approval prior to final approval by the Community Development Director. 19. 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 Department of Alcoholic Beverage Control, Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 20. 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. CONDITIONS RELATING TO LIVE ENTERTAINMENT AND NOISE: 21. The hours for live entertainment shall be limited to the hours between 9:00 P.M. to 1:15 A.M. Monday through Friday, and from 2:00 P.M. to 1:15 A.M. on Saturday, Sundays, and Federal and State Holidays, Cinco De Mayo, and St. Patrick's day 22. Bands shall be staged within the 94 square foot designated dance floor area, at the rear of the restaurant, and are prohibited at the front of the restaurant. 23. Dancing and live entertainment are permitted only in the areas as designated on the plans (the rear (south) portion of the restaurant, and is therefore prohibited within the front portion of the restaurant. 81 8 24. 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. 25. Management shall be responsible for maintaining music/entertainment volumes at reasonable levels. 26. During any live entertainment and/or dancing, the exterior doors and windows shall remain closed. The building shall be equipped with air conditioning to ensure comfort of patrons during live entertainment, and compliance with this condition. 27. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area. 28. All exterior glass windows or doors shall be equipped with double -pane glass or a comparable substitute with equivalent sound dampening properties to the satisfaction of the Community Development Director SECTION 7. This grant 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 grant. The Conditional Use Permit 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 grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 82 9 The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation 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. VOTE: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-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 January 22, 2018. ___________________________ ____________________________ Rob Saemann, Chairman Ken Robertson, Secretary January 22, 2018 Date 83 84 85 86 87 88 89 90 91 92 93 94 95 Legal Poster and Radius Map 96 97 A-1SEATING PLANPROPOSEDPROPOSED TOTAL OCCUPANTS = 231PROPOSED TOTAL OCCUPANTS = 4998 A-2SEATING PLANLAST APPROVEDc 2008TOTAL APPROVED OCCUPANTS = 231TOTAL APPROVED OCCUPANTS = 49 99 D E S IG N B OAR D S P AT RICK M OLL OY 'S E NT R ANCE 100 WOMENMEN STORAGE STORAGE DINING A LC OVE BAR CLOSET DJ BOOTH PAT IO WAL K-IN COOLE R D/W DOUBLE OVEN FLAT TOP 4 BURNERSTOVEFRYER MISCSTATIONPREPTABLEMISCSTATIONPREPTABLEFRIDGE WALK-IN COOLER STORAGESERVER STATIONFREEZER DRY STORAGE CLEANING TOOFFICERE ST AU RAN T RE NO VAT IO N - T E AM 1 RESTAURANTRENOVATIONDesigners:scale:scale:PATRICK MOLLOY'Sscale:scale:1/8" = 1'1/8" = 1'CURRENT FLOOR PLAN19 / 11 / 2017TERESA BRUCKBAUERBRIAN CRABB - P ATRICK M OLLOY 'S CURRENT F LOOR PLAN U PD AT E D 9 /1 1/17 12" 120"HERMOSA BEACH BOARDWALKPARKING LOT101 WOMENMEN STORAGE STORAGE BAR CLOSET PAT IO WAL K-IN COOLE R D/W DOUBLE OVEN FLAT TOP 4 BURNERSTOVEFRYER MISCSTATIONPREPTABLEMISCSTATIONPREPTABLEFRIDGE WALK-IN COOLER STORAGESERVER STATIONFREEZER DRY STORAGE CLEANING TOOFFICEDJ BOOTH DINING A LC OVE 48x30 48x30 48x30 48x30 48x30 48x3030x3030x30 30 x 96 30 x 96 30 x 96 36x36 36x36 36x36 36x36 21 X 168 48" D 48" D RE ST AU RAN T RE NO VAT IO N - T E AM 1 RESTAURANTRENOVATIONDesigners:scale:scale:PATRICK MOLLOY'Sscale:scale:1/8" = 1'1/8" = 1'NEW FLOOR PLAN19 / 11 / 2017TERESA BRUCKBAUERBRIAN CRABB - P ATRICK M OLLOY 'S PROPOS ED FLOOR PL AN U PD AT E D 9 /1 3 /17 1'-0" 10'-0"HERMOSA BEACH BOARDWALKPARKING LOT102 D E S IG N B OAR D S P AT RICK M OLL OY 'S IN T ER IOR FR ON T 103 D E S IG N B OAR D S P AT RICK M OLL OY 'S IN T ER IOR RE VE RSE 104 D E S IG N B OAR D S P AT RICK M OLL OY 'S FUR NISHINGS 105 106 107 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0023 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 SIGN REVIEW - S4 #34 Determination on whether a proposed 840 ± square foot display proposed on the north wall of the building at 545 Cypress Avenue is a mural, and is Categorically Exempt from the California Environmental Quality Act. APPLICANT:Julie Oakes Oakes Architects 545 Cypress Avenue Hermosa Beach, CA 90254 OWNER:Cypress Street, LLC C/O Julie Oakes Oakes Architects 545 Cypress Avenue Hermosa Beach, CA 90254 Recommended Action: Adopt the attached resolution and determine that the proposed display covering 840 ± square feet of surface area on north side of an existing building is consistent with the Municipal Code definition of ‘Mural’ at 545 Cypress Avenue and determine the project is not subject to the California Environmental Quality Act (CEQA). Background: Julie Oakes with Oakes Architects proposes an 840 ± square feet of display on the north side of a building at 545 Cypress Avenue. Ms. Oakes owns the property and the architectural firm is the current occupant of the building. The proposed location for the display covers an approximate 70-foot wide by 12-foot portion of the north side of the building wall. The proposed display depicts an opening in the wall that exposes a large octopus and fishes swimming in the ocean, flying birds, and a silhouette of other marine life in the gray blue background. This display is to be painted directly onto the north wall of the existing building by local South Bay artist from the South Bay, Greg Simkins. City of Hermosa Beach Printed on 2/20/2024Page 1 of 3 powered by Legistar™108 Staff Report REPORT 18-0023 Analysis: ‘Mural’ as defined in Hermosa Beach Municipal Code Section (HBMC) 17.50.030 means a “pictorial representation not specifically identifying goods or services offered on the premises.” Pursuant to HBMC Section 17.50.140(B), the Planning Commission may waive specific provisions of the sign ordinance relating to total sign area, coverage, height, type and style for display deemed to be a mural. Oakes Architects is an architectural firm that specializes in mixed-use, commercial, facilities/industrial, and residential projects. The architectural firm does not sell or promote marine life products. The Hermosa Beach General Plan (PLAN Hermosa) future vision for the Cypress District Character Area is described as a district for “creative, production and light industrial center of Hermosa Beach where ideas, spaces, and creativity are easily shared.” In addition, the public realm design for this Character Area encourages murals to enliven the area. Furthermore, as indicated in the Public Art and Design section of PLAN Hermosa’s Land Use Element, the artistic culture in Hermosa Beach involves the “community groups, social events, and the larger community that participates in and values the beauty of public art and creative artistic expression.” Staff believes the display is a mural because it does not directly advertise products or goods offered on the premises, but instead depicts the city’s artistic beach culture which includes public arts to enhance the public realm in the Cypress District. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project, which is comprised of a mural display to be painted directly onto the north wall of the existing building, will not result in a direct or reasonably foreseeable indirect physical change in the environment. Summary: Staff recommends the 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 pursuant to HBMC Section 17.50.130.B, and determine the project is not subject to the California Environmental Quality Act (CEQA). Attachments: 1.Draft Resolution 2.Site Photograph 3.Applicant Submittal City of Hermosa Beach Printed on 2/20/2024Page 2 of 3 powered by Legistar™109 Staff Report REPORT 18-0023 Respectfully Submitted by: Kathy Khang, Assistant Planner Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 3 of 3 powered by Legistar™110 1 P.C. Resolution 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THE 840± SQUARE FOOT DISPLAY TO PROPOSED FOR THE NORTH WALL OF THE EXISTING BUILDING AT 545 CYPRESS AVENUE IS A MURAL AND DETERMINING THAT THE PROJECT IS NOT SUBJECT TO 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 November 30, 2017 by the property owner/applicant, seeking determination of whether the proposed display covering 840 ± square feet of surface area on north side of a building is consistent with the Municipal Code definition of ‘Mural’ for Oakes Architects at 545 Cypress Avenue and determine the project is not subject to the California Environmental Quality Act (CEQA). Section 2. Hermosa Beach Municipal Code 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. Hermosa Beach Municipal Code Section 17.50.130(B) provides that murals approved by the Planning Commission may be permitted, and in its review the Planning Commission may waive specific provisions of the City’s sign regulations related to total sign area, coverage, height, type and style. Section 4. The Planning Commission at its public meeting of January 16, 2018 considered testimony and evidence, both written and oral. Section 5. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project , which is comprised of a mural display to be painted directly on the north wall of the existing building, will not result in a direct or reasonably foreseeable indirect physical change in the environment. Section 6. 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 Hermosa Beach Municipal Code Section 17.50.030, because: a. The Hermosa Beach General Plan (PLAN Hermosa) future vision for the Cypress District Character Area is described as a district for “creative, production and light industrial center of Hermosa Beach where ideas, spaces, and creativity are easily shared.” In addition, the public realm design for this Character Area encourages murals to enliven the area as part of the public realm design to in the Cypress District. 111 2 b. The business on the premise is an architectural firm , and the proposed display, a pictorial representation of marine life, does not specifically identify goods or services offered by the business on the premise. c. The display’s primary purpose is not to identify a product, event, or pe rson, but rather to celebrate activities closely associated the city’s artistic culture which includes murals and public arts. As indicated in the Public Art and design section of PLAN Hermosa’s Land Use Element, the city’s artistic culture involves the “community groups, social events, and the larger community that participates in and values the beauty of public art and creative artistic expression.” 2. Pursuant to Zoning Ordinance Section 17.50.130(B), it is appropriate to waive the specific provisions of the sign code pertaining to sign area, cover, height, type and style for the subject 840± square foot mural displays because the display meets the definition of a mural. Section 7. Pursuant to the Code of Civil Procedure Sect ion 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. 18-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its adjourned regular meeting of January 22, 2018. Rob Saemann, Chairman Ken Robertson, Secretary January 22, 2018 Date 112 Site Photograph North wall of existing building at 545 Cypress Avenue 113 114 115 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0050 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 Vesting Tentative Tract Map No. 73931- To extend the expiration date of the Vesting Tentative Tract Map No. 73931 for a three-unit residential condominium project for one year at 501 11th Street. OWNER/APPLICANT:Dennis Cleland on behalf of 501 11th St HB, LLC P.O. Box 969 Manhattan Beach, CA 90266 Recommended Action: To extend the expiration date of the Vesting Tentative Tract Map No. 73931 for a three-unit residential condominium project one year, to February 16, 2019, by minute order. Background/Analysis: At the meeting of February 16, 2016, the Planning Commission approved a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Tract Map #73931 for a three-unit condominium project at 501 11th Street. The existing Conditional Use Permit, Precise Development Plan and associated Resolution remain in effect and will not be modified as a part of this extension. Once a Tentative Map is approved, the Final Map must be submitted and recorded before the Tentative Map expires. If the Final Map has not recorded and the subdivider does not timely request a time extension with the County Recorder, the subdivision approval expires. The applicant requires a valid Vesting Tentative Tract Map in order to record their Final Map. The Final Map allows for separate ownership in the case of condominium units because the Final Map depicts dedications, owner’s statement and boundaries of new lots and easements. The Vesting Tentative Tract Map No. 73931 is set to expire on February 16, 2018 (two years from the approval date). Building permits were issued February 15, 2017 and the project is near completion with building height already confirmed. The Final Map is being processed with the County Engineer for recordation. However, the Final Map will not be recorded prior to the expiration date. Therefore, the applicant is seeking a one year extension of the Tentative Map which will allow the engineers to proceed through recordation of the Final Map as explained in the attached letter. Attachments: 1.Letter from Applicant’s Representative City of Hermosa Beach Printed on 2/20/2024Page 1 of 2 powered by Legistar™116 Staff Report REPORT 18-0050 2.Vesting Tentative Tract Map No. 73931 Respectfully Submitted by:Nicole Ellis, Associate Planner Concur: Kim Chafin, Planning Manager Approved:Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 2 of 2 powered by Legistar™117 118 119 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0030 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of January 22, 2018 Verbal Report on City Council Actions City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™120 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0031 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 Verbal Status Report on Major Planning Projects City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™121 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0051 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of January 22, 2018 Planning Commission Tentative Future Agenda Items Recommended Action: To receive and file the January 31 and February 20, 2018 Planning Commission tentative future agenda items. Attachment: 1. Planning Commission January 31 and February 20, 2018 Tentative Future Agenda Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™122 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach Wednesday January 31, 2018 Special Meeting 7:00 P.M. Project Title Public Notice Meeting Date 2901 & 3001 Pacific Coast Highway-- Certification of a Final Environmental Impact Report for the proposed Skechers office project to be located in Hermosa Beach, California at 2851, 2901, 3001, and 3125 Pacific Coast Highway, and in Manhattan Beach, California at 305, 309, 317, 330 South Sepulveda Boulevard and 1050 Duncan Avenue; and Precise Development Plans and Parking Plan for two, multi-story office buildings with subterranean parking to be located at 2851, 2901, 3001 and 3125 Pacific Coast Highway, Hermosa Beach, California, with a pedestrian tunnel beneath 30th Street to connect the two buildings. The City of Manhattan Beach will conduct separate public hearings regarding those portions of the project that lie within Manhattan Beach. 1/19 1/31 February 20, 2018 Regular Meeting 7:00 P.M. Project Title Public Notice Meeting Date Text Amendment for accessory dwelling units. 2/8 2/20 2420 PCH, Hope Chapel—Conditional Use Permit, Precise Development Plan & Parking Plan Amendment for…. 2/8 2/20 f:\b95\cd\pc\future items\tent. future agendas\planning commission tentative agenda February 20 2018 123 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0032 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of January 22, 2018 Community Development Department Activity Reports of October and November, 2017 Recommended Action: To receive and file the October and November, 2017 Community Development Department activity reports. Attachment: 1. Community Development Department activity reports of October, 2017 2. Community Development Department activity reports of November, 2017 Respectfully Submitted by: Gina Konrad, Administrative Assistant Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™124 125 126 127 128 129 130 131 132 133 134 135 136 137 138