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HomeMy WebLinkAboutPC Resolution 18-13 - Addition (2420 PCH)The Planning Commission of the City of Hermosa Beach does hereby resolve and carder as follows: Section 1. An application was filed by Hope Chapel (International Church of the Foursquare Gospel) on June 21, 2016 requesting approval of Conditional Use Permit amendment 17-4 and Precise I o# a,. to allow a cumulative approximately1 # addition exemptconjunction with a religious institution (Hope Chapel) with existing incidental live entertainment to include a worship and congregation hall, meeting spaces, fellowship space and youth center at an 2420 Pacific Coast Highway and use of an alternative property comer point ele;ation f�r purposes of determining building height, with less than required parking based on shared parking with parking lots at 950 Artesia Boulevard and 2306, 2420 and 2510 Pacific Coast Highway; and determination that the project is categorically #' . EnvironmentalQualityx x Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on April 17, 2018 and May 15, 2019, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Pursuant Californiaw Act, theprojectr 1, exempt from the California Environmental Quality Act as it meets all of the criteria for In -fill Development Projects defined in CEQA Section 15332 because: I . The project is consistent with applicable General Plan designation and policies as well as applicable zoning designation and regulations; 2. The proposed development occurs within city limits on i project site of no r than five acres valuesubstantially surrounded by urban uses; 3. The project site has no as ibitat for endangeredrare or threatened 4Approval of project ' + to traffic, noise, quality,or r and 5. The site canbe adequately served by all # and public services because a existing church use that is expanding and all utilities have capacity for the increased use. The project # !% to require the applicant demonstrate through otherCalWater, or solutionprepared flat ME wat" system can adequately serve the site. Section 4. Based on the testimony and evidence received, the Planning Commission makes t following findings pertaining to the application for the Conditional Use Permit amendment and Preci Development Plan pursuant to the combined criteria in Hermosa Beach Municipal Code (HBMI Sections 17.40 and 17.58 and evaluation of project compliance with the C-3 development standarl pursuant to HBMC Section 17.26.050: 1. Distancefrom existing residential uses (in relation to negative effects); A 64-unit residential condominium is located immediately east of the subject property at 2411 Prospect Ave. and additional low density residential uses are located southeast of the subject site behind the 2420 PCH church building. Pursuant to HBMC Section 8.24.040, the City's Noise Ordinance restricts commercial activities, band rehearsals, and similar noise producing activities that are plainly audible from a residential dwelling unit's property line from 10: 00 p.m. to 8: 00 a.m. daily. The applicant proposes indoor operating hours of 7:00 a.m. to 10:00 p.m. daily. Conditions of approval include that the project remain in substantial conformance with the proposed church operating days, hours, services and number of attendees and church employees as detailed in the updated Parking Analysis, dated May 3, 2018; that all events and activities be fully contained within the building; all doors and windows shall be ftilly closed when amplified sound is projected. The proposed building is designed with the customer entrance/exits on the northwest side of the building, as well as a terrace with ancillary outdoor seating along the west PCH frontage, both of which are oriented away from nearby residential uses. Should the church operate in violation of the CUP, the Planning Commission is authorized by the HBMC to review the CUP. While a commercial building adjacent to a residential zone must provide a minimum 8-foot setback with an additional 2 feet for each story over the first on the rear and side yard areas, existing buildings with non -conforming setbacks are allowed to remain. However, all new construction must conform to new requirements. The east (rear) and south (side) of the existing building is adjacent to a residential zone.. Because modifications are proposed to the rear (east elevation) of the building, a 12-foot building setback is required on all floor levels at the rear portion of the building. The proposal is to maintain the existing non -conforming building setback at the south side of the building. Additionally, pursuant to HBMC requirements, the required rear and/or side yard areas adjacent to residential zones will be landscaped (including an automatic watering system) with 24 inch box size Bottle trees, Golden Goddess Bamboo, Bush Lilly, Blue Oat Grass and Carpet Bugle. Lighting will be installed around the building and will be required to be downcast so to not disturb neighboring residential uses. The project includes a condition to require lighting be downcast and be non -disruptive to nearby uses. Lighting shall conform to HBMC Section 17.44.160(C). F'. The amount of existing orproposed off-street parking (faci s) in relation to actual need (and its distancefrom the proposed The applicant proposes a shared parking approach with the subject property at 2420 PCH as well surrounding applicant -owned properties at 2306, 25 10 PCH and 950 Artesia Blvd to provide a tot aggregate of 359 on -site parking spaces, and submitted a Parking Analysis prepared by a qualifie ti traffic/parking consultant, which was peer -reviewed by the City's traffic/parking consultant. The City's consultant concurred with the conclusion of the Parking Analysis which indicates that the shared parking approach with a total aggregate of 3 5 9 on -site parking spaces provided by the Page 2 - CUP 17-4 & PDP 17-11 aforementioned properties is adequate to support the peak weekday (318 spaces) and peak weekend (341) parking demand. Parking at 2306-2510 PCH and 950 Artesia Blvd. is internally connected so thIt people can move from one shared parking lot to another without re -accessing the public streets. The applicant has acknowledged an easement whereby 2200 Pacific Coast Highway may use 25 to 40 spaces at 2420 Pacc Coast Highway Monday through Friday from 7am to 6pm. Even if those spaces are used, parking is adequate as shown by the Parking Study because there would be a surplus of parking of at least 113 spaces during that time period. A proposed 3. Location of and distance to churches, schools, hospitals and public playgrounds; Churches, schools, hospitals and public playgrounds are considered sensitive receptors. These are areas where the occupants are more susceptible than the general public to adverse effects of exposure to toxic chemicals, pesticides, other pollutants/contaminants, and noise, Journey of Faith Christian Church and Mira Costa High School are located approximately 500 feet northeast of the subject site. Hope Chapel's operation does not involve toxic chemicals, pesticides, other pollutants/contaminants. Noise from the church's operations will be contained within the fully enclosed building. Therefore, adverse impacts are not anticipated. 4. The combination of uses proposed, (as they relate to compatibility); The subject site is located adjacent to other Hope Chapel church owned and operated buildings which include the approximately 10,000 sq. ft. church administration office building at 2306 PCH, the approximately 30,000 sq. ft. Lazy Acres market building at 25 10 PCH, and the approximately 15,000 sq. ft. church annex building at 950 Artesia Blvd. Close proximity to these complementary uses facilitates expansion of church related uses due to the ability to share parking facilities with the adjacent buildings. 5. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; New permeable paving will be provided as necessary for on -site water retention and treatment pursuant to the City's Low Impact Development standards. An ADA compliant ramp will be installed leading from the PCH sidewalk to the main entrance. The existing retaining wall which directly abuts the PCH sidewalk is proposed to be stepped back approximately 30" with a landscaped planter to provide a more pedestrian oriented frontage along the PCH frontage. The screened trash enclosure is proposed to be located within the parking structure at the northeast comer of the ground floor level. 6. The relationship of the estimatedl(proposed business) generated traffic volume and the capacity (size) and safety of streets serving the area; A Traffic Impact Report was prepared by the applicant's traffic engineering consultant, peer reviewed and accepted by the City, and approved by the Planning Commission on April 18, 2017. It addressed conversion of the church youth center to the now Lazy Acres supermarket at 25 10 PCH, assessed a potential future renovation/expansion at the Hope Chapel Church building located It 2420 PCH, and conversion of a 15,000 sq. ft. building at 950 Artesia Blvd., currently occupied by general office uses, to church annex/offices. The applicant supplied a Traffic Impact Analysis Addendum, dated March 6, 2018, to assess la, geared towards children and young adults) uses within the annex building located at 950 Artesia It'lvd. The addendum was peer reviewed by the City's Traffic Engineer who confirmed that the changes in use would not result in any significant impacts from traffic generated by the project, -ither during weekdays or on Sundays (TJW Engineering, March 2018). Access to Hope Chapel is via two shared driveways on the east side of PCH for northbound traffic and three shared driveways on the south side of Artesia Blvd. Both PCH and Artesia Blvd are commercial corridors with high traffic volumes and are capable of accommodating the expected traffic demand. The Traffic Impact Analysis identifies that new traffic generated by the project will not significantly degrade the level of service at local intersections. Nor will the project's traffic adversely affect any congestion management program (CMP) intersections or otherwise conflict with the Los Angeles County CMP (TJW Engineering, March 2018). The project will not conflict with plans, policies or ordinances related to other modes of transportation (mass transit, pedestrian, bicycle). It will not alter or obstruct existing or planned bike paths. Nor will it alter or impede access to mass transit facilities. The project will not introduce any hazards to mobility, nor will it impact emergency access to the site. 7. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; The applicant proposes alterations to all sides of the building fagade to provide a modem urban architectural design, which will be in keeping with surrounding recently remodeled properties, such as Hotel Hermosa and the Lazy Acres Natural Market (currently under construction) . Architectural treatment and design elements include a two-story open and glassy entry lobby, glass guardrails surrounding the front terrace, installation of light grey and white concrete and tile, white stucco, vertical shading fins, skylights and daylights to add natural lighting to the building, roof top mechanical screening and new windows and doors. yylv-��FTJTULT 777 rc(#T 'iringr a s7gfi yormit Yor new signage at tile sut5ject site m conformance with HBMC Section 17.50. 8. The number of similar establishments or uses within closeproximity to theproposed establishment, Journey of Faith Christian Church on Artesia Boulevard in Manhattan Beach is the nearest church use, approximately 500 feet northeast from the Hope Chapel site. Due to its location on the opposite side of Artesia Boulevard, a major arterial road, the fact that both churches have been in operation at these locations for many years, and the overflow parking available to Hope Chapel on its adjoining properties, impacts associated with concentration of similar establishments are not anticipated. 9. )Wuilding and driveway orientation in relation to sensitive uses, e.g., residences and schools; The proposal includes maintaining existing vehicular access points to the site provided by three curb cuts along PCH and four curb cuts along Artesia Blvd. These multiple vehicular ingress/egress points limit impacts to street traffic on PCH and Artesia Blvd. Traffic patterns will be oriented towards the north and west side of the lot where it is least impactful to nearby residences. The proposed project does not include alterations to existing traffic patterns on and around the site as detailed under Criteria 6 above. No impacts are anticipated. 0 N = we I W= W4 W414 to a 2 1 VM 10. Noise, odor, dust andlor vibration that may be generated by the proposed use; The proposed convention hall/auditorium use is enclosed and located along the PCH and Artesia Blvd. intersection, a noise -dominated commercial comer, it is not anticipated that other nearby commercial uses, including offices and commercial center would be affected. 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; exterior doors and windows shall remain closed during any incidental live entertainment; the building shall be equipped with air conditioning to maximize sound proofing; and management shall be responsible for maintaining music/entertaimnent volumes at reasonable levels. The sanctuary room with stage, audio booth and rehearsal room are located on the main/first floor level and at the center of the church and away from windows and doors. Therefore, noise and vibration impacts to the nearest sensitive receptors (residential uses) are not anticipated with the proposed expansion and floor plan modifications. Should noise issues occur, remedies include, but are not limited to, cessation of amplified sound, further limitation on hours, and/or an acoustical study to determine appropriate mitigations such as installation of sound proof materials. Additional vehicular trips generated by the proposed facility expansion will not be great enough to result in a substantial increase in roadway noise. Noise from future activities at the renovated building will not be greater than current conditions. The short duration of noise events generated during construction will temporarily result in increased ambient noise levels, but will not ;igncanthi im-y-act the ambient noise environment over the 11nF_w&w.ww6"9, , time. Compliance with the City's Noise Ordinance, will effectively ensure that the project does not exceed adopted standards and successfully avoids significant noise impacts. 11. Impact of the proposed use to the city's infrastructure, andlor services; The existing site has available utilities and services. The proposed expansion places additional demand on utilities, The Fire Department has provided a condition of approval stating that the applicant shall demonstrate through a Will Serve letter from CalWater, or other solution prepar by a registered engineer, that the water system shall provide the equivalent of 3,250 gpm. The le following improvements must be completed as part of the project: water main upgrades, installation of an on -site looped fire line and/or installation of a booster pump system for fire sprinkler system. If the City determines that a booster pump is required, it shall be located belo grade within an enclosed room. The site has historically operated as a church, and despite the proposed church expansion demanding additional utilities and services to the site when compar to the existing use, the anticipated increase in demand is anticipated to be minimal. 12. Will the establishment contribute to a concentration of similar outlets in the area; The proposed church expansion will not contribute to a concentration of church uses in the area as the subject site is an addition and remodel to the existing church use located at 2420 PCH. No impacts are anticipated. 13. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms; Because the project is categorically exempt from the California Environmental Quality Act, meeting all of the criteria for Infill Development Projects defined in CEQA Section 15332, environmental mitigation measures are not required. However, the proposed resolution of approval contains standard conditions of approval to ensure compliance with the zoning code and PLAN Hermosa to ensure that the project will be compatible and not result in any significant environmental impacts. 14. Other considerations that, in thejudgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The proposal includes improvements to existing landscaping and driveway/walkway improvements at the PCH street frontage. Section 5. Based on the foregoing, the Planning Commission hereby approves the propo Cor1.­it7- S lonal Use Permit Amendment 17-4 and Precise Development Plan 17-11 subject to ti following Conditions of Approval: 1. All previous Planning Commission Resolutions pertaining to the subject property at 2420 Pacific Coast Highway (including PC 89-09 and PC 11-18) shall hereby be rescinded, and the Conditional Use Permit amendment and Precise Development Plan for the property at 2420 Pacific Coast Highway shall be governed exclusively by the provisions herein. 2. The proposed modifications to the building and uses shall be substantially consistent with plans and application submitted and approved by the Planning Commission on April 17, 2018. The Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval, provided that the use is not changed, intensity of use is not increased and the arrangement of space would not increase negative impacts. Any substantial deviation, changes to the floor plan, site plan, building exterior or addition to the hours of church services and/or additional assembly type uses which alter the primary function of the use as church (assembly hall use) shall be subject to review and approval by the Planning Commission. Any modifications or alterations to the south property line block wall must be reviewed and approved by the Planning Commission. 3. Architectural treatments and accessory facilities shall be as shown on building elevations, site and floor plans approved by Planning Commission on April 17, 2018. Precise building height compliance shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. 4. The architectural tower, elevator housing and roof mounted mechanical equipment shall be subject to the development standards of HBMC Section 17.46.010. Roof elements listed in HBMC Section 17.46.010 are governed by the California Building Code and may exceed the height limit only by the minimum amount necessary to comply with the California Building Code standards and shall cover no more than five (5) percent of the total roof arep. 5. All exterior lighting shall be downcast and fully shielded, and illumination shall be contained within the property boundaries. Lighting shall be energy -conserving and motion detector lighting shall be used for all lighting except low-level (three feet or less in height) security lighting and porch lights. Lamp bulbs and images shall not be visible from within any onsite or offsite residential unit. Exterior lighting shall not be deemed finally approved until 30 days after installation, during which period the Building Official may order the dimming or modification of any illumination found to be excessively brilliant or impacting to nearby properties. 6. Lighting for signage must be downcast and non -disruptive to nearby uses and compliant with HBMC Section 17.50 (Signs). 7. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. Shared parking use signage shall be established in all shared parking lots consistent with the conditions of approval to the satisfaction of the Community Development Director. 8. Two copies of a final landscape plan, consistent with landscape plans approved by the Planning Commission, indicating size, type, quantity and characteristics of landscape materials shall be submitted to the Community Development Department and Planning Division for review and approval prior to the issuance of Building Permits. The final plan shall also include the following: A minimum 12-foot wide landscape planter with automatic irrigation shall be provided and maintained along the east (rear) property line. b. The applicant shall provide a landscape plan to comply with Hermosa Beach Municipal Code Sections 17.22.060(H) and 8.60.070 to the satisfaction of the Community Development Director and Director of Public Works. c. An automatic landscape sprinkler system consistent with Hermosa Beach Municipal Code Section 17.22.060(H) shall be provided, and shall be shown on plans (Building Permits are required). 0. The plans shall comply with Hermosa Beach Municipal Code Section 8.44.095 and instaff permeable surfaces in the parking lot and other non -landscaped areas to the maximu extent feasible. If providing water -permeable surfaces on at least 50% of exterior surfa area is not feasible and incorporating measures in 8.44.095 to the extent practicable infiltrate the volume of runoff produced by a 0.80 inch twenty-four (24) hour rain even, then the applicant shall infiltrate runoff on -site. In the event that subsurface infiltration required, plans shall designate the exact location of the subsurface infiltration system, t applicant shall enter into a maintenance agreement with the City (prior to final ma approval) for the ongoing infiltration, and provide a surety bond to the City to guarant that on -site, subsurface infiltration is achieved. The amount of the bond shall determined by the Building Division. All other drainage shall be routed to an off-si facility or on -site permeable area approved by the City. To the extent possible, a portio of roof drainage shall be routed to on -site permeable areas. No drainage shall flow ov any driveway or sidewalk. 10. If the drainage of surface waters onto the property requires a sump pump to discharl said waters onto the street, the property owner(s) shall record an agreement to assu the risk associated with use and operation of said sump pump, release the City from an] liability, and indemnify the City regarding receipt of surface waters from the proper The recorded agreement must be filed with the City prior to issuance of the Certificate Occupancy. [L The property shall demonstrate the provision of enclosed solid waste facilities prior to ;-- Certificate of Final Occupancy and compliance shall be maintained with HBMC Section 8.12.220. ® Permitted services, including incidental live entertainment, and hours of operation shall be limited to those provided in the Parking Analysis, dated May 3, 2018 as follows: I I A - Sunday Morning First Church Service, 8:00 AM to 10:00 AM, held in main sanctuary (approximately 400 adults and 15 employees) * Children's Program/Nursery, 7:30 AM to 10:15 AM, held in children's classrooms (approximately 100 children/non-drivers) * Sunday Morning Second Church Service, 11:00 AM to 1:15 PM, held in main sanctuary (approximately 450 adults and 15 employees) * Children's Program/Nursery, 10:15 AM to 1:30 PM, held in children's classrooms (approximately 150 children/non-drivers) * Ministry Classes, 6:30 PM to 9:30 PM, held in church classrooms (approximately 60 adults and 10 employees) ® All uses shall be conducted indoors with the exception of the limited outdoor seating provided at the terrace fronting Pacific Coast Highway and administratively approved temporary minor special events in conformance with HBMC Section 17.42.150. 14. Limited outdoor seating provided at the terrace fronting Pacific Coast Aighway shall not be used between the hours of 10:00 p.m. and 8:00 a.m. daily. [5. Cafes shall not be used for commercial use and shall be used and operated by church staff for church members only. 16. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 17. The process of loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 8:00 a.m. daily in such a manner as to cause noise disturbance, except for solid waste collection by a franchised collector is prohibited pursuant to the City's Noise Ordinance, HBMC Section 8.24.040. ® Exterior doors and windows shall remain closed during any incidental live entertainment. The building shall be equipped with air conditioning to maximize sound proofing. Management shall be responsible for maintaining music/entertainment volumes at reasonable levels. 19. Noise attenuation measures shall be implemented by the applicant, to the satisfaction of the Community Development Director including: a. Installation of sound dampening double paned insulated glass; and ® Construction of fully insulated framed concrete or masonry building walls. 20. No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided outdoors or situated so as to be clearly ble to the public right-of-way (sidewalk), with the exception of administratively approved temporary minor special events in conformance with HBMC Section 17.42.150. - W. r-J-3 0, a = a 19 E, 9, IFI-4 US -0 04 1 VA W 21. The door on Borden Street shall function as an emergency exit door only and shall be locked from the exterior, and the door shall provide an emergency alarm which shall notify the Hermosa Beach Police Department each time the emergency alarm is activated. 22. A manager who is aware of the conditions of this Conditional Use Permit and Precise Development Plan shall be on the premises during business hours. The Conditional Use Permit and Precise Development Plan shall be maintained on the premises in a location where employees can easily read the conditions. 23. The establishment shall not adversely affect the welfare of the residents, and/or commercial and residential establishments nearby. ® The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 25. The project and operations shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the City of Hermosa Beach Municipal Code. .�t. The applicant shall submit a plan for occupant load calculation and approval prior to issuance of the Certificate of Final Occupancy. 0'.6. The applicant shall submit a demolition and construction management plan for review and approval to the City Building Official at time of Building Permit submittal. 27. Building plans shall be submitted to the Los Angeles County Fire Department for review and approval. Final fire inspections shall be coordinated with the Los Angeles County Fire Department. f.8. The applicant shall demonstrate through a Will Serve letter from CalWater, or other solution prepared by a registered engineer and to the satisfaction of the City's Public Works Department and the Los Angeles County Fire Department, that the water system shall provide the equivalent of 3,250 gpm. All of the following improvements shall be completed as part of the project: water main upgrades, installation of an on -site looped fire line and/or installation of a booster pump system for fire sprinkler system, to the satisfaction of the City's Public Works Department and the Los Angeles County Fire Department. If a booster pump is required then it shall be located below grade and in an enclosed room, to the satisfaction of the City's Public Works Department and Los Angeles County Fire Department. 29. The fire lane route between 2510 Pacific Coast Highway (currently Lazy Acres) and the residential property to the east shall display no parking signs to the satisfaction of the Los Angeles County Fire Department. 30. Civil engineering plans shall be prepared by a licensed civil engineer and conceptually approved by the Public Works Department prior to submitting an application for Building Permits. Complete civil engineering plans shall address grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on - site and off -site drainage (no sheet flow permitted), installation of utility laterals, and all 11,17%]HIM1,4111113 31. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 32. 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. 33. 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. 34. 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. 35. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44). Implement required Low Impact Development Standards, provide calculations and documents i.e. Appendix D and E of the Storm Water LID Guidelines, submit at time of grading and plan check along with an erosion control plan. 36. The practice of washing and rinsing floor mats, equipment, tables, etc., or discharge of any liquids, other than Stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 37. Exterior and interior water use shall comply with Chapter 8.56. 38. Pursuant to HBMC Section 17.48, nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following transportation management features to facilitate use of alternative transportation modes by employees to the satisfaction of the City's Community Development Director: b. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following: • Current maps, routes and schedules for public transit routes serving the site; • Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; Ridesharing promotional material supplied by commuter -oriented organization Bicycle route and facility information, including regional/local bicycle maps an bicycle safety information; I W'. 4a I a I ff" 1 .3, ,1, ,!, � A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit ridw. and pedestrians at the site. 0. 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. c. The form of the notification shall be provided by the Planning Division of the Community Development Department. d. Building permits shall not be issued until the applicant provides an affidavit certifying mailing of the notice. e. 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 the construction site. f. During construction traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 40. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 41. Prior to the submittal of structural plans to the Building Division for plan check an 'Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning Division of the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this permit of approval. 42. 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 a unty landfill; at least 65% of demolition debris associated with deimprovements and new construction shall be recycledI1. 43. The Planning Commission may review this Precise Development Plan and Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood or to the public safety and welfare resulting from the subject use pursuant to the procedures for modification/revocation in the HBMC. 44. Approval of this permit shall expire thirty-six (36) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all oft e conditions oft is permit. The Precise Development Plan and Conditional Use Permit shall be recorded, and proof of recordati shall be submitted to the Community Development Department prior to the issuance of a buildi permit. I Each of the above conditions is separately enforced, and if one of the conditions of approval is foul to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the 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: Commissioners Rice, Flaherty, Hoffman and Chairman Sae an NOES: None ABSTAIN: Commissioner Pedersen ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 18-13 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of May 15, 2018. ..... ... ...... ............ Rob Saemann, Chairman K4y 15 201 K, Date . ........................................................... . — -----------......a. Keji Robertson, Secretary