HomeMy WebLinkAboutCC Reso 13-6865 (1429 Hermosa, Boutique Hotel)2
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RESOLUTION NO. 13-6865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO SUSTAIN, WITH AMENDMENT, THE PLANNING
COMMISSION APPROVAL OF A PRECISE DEVELOPMENT PLAN TO ALLOW
A 29,544± SQUARE FOOT HOTEL WITH 30 GUEST ROOMS AND COMMON
AREAS ON AN UNDEVELOPED 11,516± SQUARE FOOT LOT; CONDITIONAL
USE PERMIT TO ALLOW ON-SALE GENERAL ALCOHOL FOR HOTEL
GUESTS IN GUEST ROOMS RESTRICTED TO MINI-BARS; PARKING PLAN TO
ALLOW A VALET PROGRAM AND PARKING IN TANDEM; AND ADOPTION
OF MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN, AT 1429 HERMOSA AVENUE, LEGALLY
DESCRIBED AS LOTS 15 THRU 18 BLOCK 15, CITY OF HERMOSA BEACH
SECTION 1. Recitals.
1. Pursuant to Hermosa Beach Municipal Code Section 2.52.040, on July 9, 2013, the
12 City Council took jurisdiction of the Planning Commission's decision to approve Precise
13 Development Plan 13-1, Parking Plan 13-1 , and Conditional Use Permit 13-1 per P.C. Resolution 13-
14 13 to develop a 30-room hotel subject to conditions and adopting an environmental Mitigated
15 Negative Declaration and Mitigation Monitoring Plan, at 1429 Hermosa Avenue, noting parking
16 and compatibility issues as issues of primary concern. On July 23, 2013 the applicant submitted
17 modified plans, A1.1 Ground Level Floor Plan Revision-Exhibit A, A1.2 Middle Level Revision-
18 Exhibit B, and A2.1 South and East Elevation-Exhibit C.
19 2. On July 23, 2013, the City Council held a duly noticed public hearing to consider
20 the modification of the Conditional Use Permit at which time testimony and evidence, both oral
21 and written, was presented to and considered by the Council.
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23 SECTION 2. Based on the Staff Report, testimony, the record of the Planning
24 Commission decision, and evidence received, both oral and written, the City Council makes the
25 following findings:
26 1. A Precise Development Plan was proposed to construct a three-story 29,544± square
27 foot hotel with 30 guest rooms, and other common areas and rooms on a vacant lot at 1429 Hermosa
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Avenue. The ground level consists of a parking garage with 30 parking spaces, the front desk and
2 lobby, and a multi-function room of approximately 438 square feet that can be used for activities for
3 hotel guests. The second level consists of 15 hotel rooms, restroom, and a multi-function room
4 (labeled "classroom" on plans) of approximately 336 square feet that can be used for activities for
5 hotel guests. The third level consists of 15 hotel rooms, fitness room, and an open air
6 patio/spa/sitting room of approximately 600 square feet at the northeast comer of the building that
7 can be used by hotel guests. The Planning Commission restricted use of all facilities to hotel guests to
8 reduce impacts to the surrounding area such as noise, disturbances and overconcentration of alcoholic
9 beverages, and parking availability and these restrictions are appropriate and will reduce impacts to
1o the surrounding area and parking supply.
11 2. A Conditional Use Permit was proposed to allow on-sale general alcohol in the guest
12 rooms (mini-bars), with the potential to provide or allow general alcoholic beverages for hotel guests
13 in common areas of the hotel (lounge area on frrst floor and fitness room on the third floor) and in
14 connection with two multi-function rooms and spa/open-air patio/sitting room located on the first,
15 second and third floors. Use of the two multi-function rooms and spa/open-air patio/sitting room as
16 well as provision of alcohol will cease no later than 10:00 p.m., and use of each of these spaces
17 (multi-function rooms and spa/sitting area) will be limited to a maximum of 20 hotel guests
18 (including their guests). The Planning Commission restricted alcoholic beverages to mini-bars in
19 guest rooms to reduce impacts to the surrounding area such as noise, disturbances and
20 overconcentration of alcoholic beverages and these restrictions are appropriate and will reduce
21 impacts to the surrounding area.
22 3. Parking Plan was proposed to allow offsite parking providing 35 on-site spaces and
23 four spaces at 205 Pier A venue, valet parking program and 22 tandem parking spaces. The Planning
24 Commission restricted use of all hotel facilities to hotel guests (including their guests) which
25 conforms parking to the parking standards in the Zoning Code which requires one space per guest
26 room for a hotel use without other primary uses.
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4. The project site is a vacant C-2 zoned property located on Hermosa Avenue
between 15th Street and 15th Court on the northerly edge of the downtown area. Hotel operations
are permitted by right in the C-2 zone. The property is designated Commercial Recreation (CR) in
the General Plan and Coastal Land Use Plan. The Planning Commission's restriction on use of
facilities and alcoholic beverages, as well as payment of one in-lieu parking fee to offset loss of
one on-street parking meter on 15th Street is appropriate and conform the project to these plans.
5. On July 23, 2013 the applicant submitted a supplemental proposal and plans to
increase parking from 30 spaces as required by Code to 33 spaces plus 4 spaces within the
southbound drive aisle for a total of 37 spaces and additional minor changes and restrictions
designed to further improve parking sufficiency and neighborhood compatibility as detailed in the
project record.
SECTION 3. Based on the foregoing factual findings, the City Council makes the
following findings for a Precise Development Plan pursuant to H.B.M.C. Section 17.58.030:
A. Distance from existing residential uses in relation to negative effects: Surrounding
the project site are commercial and multi-family uses north of 15th Street and south of 15th Court (C-
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2), an apartment building to the immediate west (R-3), and multi-family north of 15th Street (R-3) and
east ofHermosa Avenue (R-3). Some residential uses on the south side of 15th Court, zoned C-2, are
legal nonconforming. Compatibility with surrounding residential properties is discussed below.
Lighting:
The project is located within a developed urban area currently subject to the effect of night-
lighting. Recessed linear LED lights proposed on the south side of the building and a backlit sign are
located directly across from commercial and residential uses. While the site is located on a well-
lighted commercial street, wall-mounted luminaires may create a glow that is obtrusive to
residences to the south, north and west.
To reduce fugitive light and glow and their effects on nearby uses, exterior lighting is
conditioned so that architectural lighting on the building fa9ade and elevations shall not utilize tube-
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type lighting; however, low-intensity lighting projected onto the building may be used. In addition,
conditions restrict lighting on the south, north, and west sides of the building across from residential.
To reduce the effect of headlamps in the parking area, a condition is included directing the valet
service to tum off headlamps when vehicles are parked in the queuing lane. On this basis impacts
relating to lighting are not significant.
Traffic, Circulation and Parking:
The route of travel will maintain previous patterns prior to termination of prior commercial
use. On-site parking for the project will be accessed via a two-way driveway with 25-foot-wide
encroachments on 15th Street and 15th Court. Residential uses are located north and south of the
driveway encroachment and the apartment building to the west is adjacent to the parking area. The
proposed use is a low traffic generator. Minimal service/delivery vehicles will be required as the
business is not involved in high turnover commodities. Vehicles will enter primarily via 15th Street
and exit primarily via 15th Court. Adequate parking for the use is provided, to mitigate the loss of
one metered on-street parking space an in-lieu shall be required, measures to ensure smooth local
circulation patterns are made conditions of the project, and a valet management program will be used.
Deliveries will occur in the early morning generally before 9:00 a.m. where on-street parking on
Hermosa A venue should be available. The project is conditioned to reduce impacts associated with
glare from headlamps. Appropriate conditions are applied to reduce impacts as discussed below.
Noise and Disturbances:
The primary use is a hotel with on-site facilities for use by hotel guests (and their guests).
While use of general alcohol may be offered in guest rooms (mini-bar) without adverse impacts, the
provision of alcohol in common areas, and three spaces that may be used by hotel guests and their
guests, may result in adverse impacts such as noise and disturbances to the surrounding area, which
exhibits an overconcentration of alcoholic beverage establishments; therefore provision of alcohol is
limited to mini-bars in guest rooms. Use of spaces/facilities by hotel guests will cease by 10:00 p.m.,
occupancy of the business center and multi-function space is limited to 20 people, and the project is
conditioned to reduce any noise or disturbance impacts as further discussed under the Conditional
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Use Permit. Construction noise will not cause significant impacts with compliance with the Noise
Ordinance and as indicated under Item G.
B. The relationship of the estimated generated traffic volume and the capacity and
safety of streets serving the area: The project fronts Hermosa A venue, which provides the primary
north-south circulation through downtown. Driveway encroachments on 15th Street and 15th Court
are proposed to provide two-way access to the site. 15th Court terminates at Noble Park and 15th
Street terminates at the Strand.
The Traffic Impact Study prepared by Linscott, Law, & Greenspan Engineers was reviewed
by the City's Traffic Engineer and found to be appropriate. Based on Traffic Impact Study findings
levels of service at most of the eight (8) study intersections throughout the City would not change or
incremental change would not be significant and all intersections would remain at LOS C or better.
While impacts are not significant, recommendations of the Study are incorporated as project
conditions to facilitate access, with the exception of a recommendation to direct vendors to utilize
the designated on-street metered parking space( s) along the Hermosa A venue property frontage to
limit potential conflicts between service/delivery vehicles with pedestrians and bicyclists. While
the Study suggests modifying two on-street meter spaces on Hermosa A venue to be used by
service/delivery vehicles with signage stating, "No Parking Except Trucks" for identified service
and delivery times, the project is alternatively conditioned to direct service and deliveries to off-
peak hours before 9:00 a.m. when metered spaces are generally available. Pedestrian/bicycle
accommodations maintain the existing vibrant pedestrian environment around the site including a
pedestrian oriented fa<;ade with entrance from the sidewalk and bicycle rack at the comer of 15th
Court and Hermosa Avenue to encourage bicycling, and the project is conditioned to supply bike
parking for a minimum of 10 bikes in an accessible location, excluding the five-foot rear setback,
which may require minor redesign of the 1st level.
C. The amount of existing or proposed off-street parking in relation to actual need: The
Traffic Impact Study prepared by Linscott, Law & Greenspan dated November 26, 2012 fmds that 30
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proposed on-site parking will be adequate for all parking demands of the hotel. The applicant
2 amended plans to provide 33 spaces plus 4 spaces in the drive aisle.
3 D. The combination of uses proposed, as they relate to compatibility: The primary use
4 is a hotel with on-site facilities for use by hotel guests. The provision of hotel facilities for the
5 convenience and enjoyment of hotel guests (and their guests) is typical and compatible. General
6 alcohol may be offered in guest rooms (mini-bars) and on that basis alcohol will be incidental to hotel
7 operations, and the hotel will not operate a bar, restaurant or nightclub. Limiting use of common
8 facilities and multi-purpose rooms to a low occupancy (20 persons per area or fewer if restricted by
9 Code) and to a 10:00 p.m. cutoff ensures guests will not be disturbed in the late evening and the
10 activities will not morph into a more intensive use. As conditioned, the proposed combination of
11 uses including potential for limited alcohol service, do not pose compatibility concerns with the
12 primary hotel use.
13 E. The proposed exterior signs and decor, and the compatibility thereof with existing
14 establishments in the area: Pursuant to Section 17.26.050 regulating development in C-2 zones,
15 the building will conform to the 30-foot height limit, a five-foot setback is provided along the rear
16 yard since the project site abuts a residentially-zoned property with an apartment complex, and
17 this setback will be landscaped and provided with an automatic watering system. A 6-foot high
18 painted block wall is proposed along the property line adjacent to the apartment complex to the
19 west, with a gate to limit unauthorized use of the required landscaped area between the property
20 line and the hotel building.
21 Architecture in the surrounding area is varied and there is no theme nor any historic buildings
22 (the closest is the Bijou Building) located in the immediate area. Hotel lighting is conditioned to be
23 compatible and nonintrusive. The project proposes to install canopies over the sidewalk on the
24 south and east sides of the building and landscape within the public right-of-way, requiring an
25 encroachment permit from the Public Works Department.
26 A vertical sign with backlit letters facing Hermosa Avenue is proposed. Section 17.50.130
27 limits total sign area to two square feet for each foot of lineal building frontage (95 feet x 2=190
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square feet). Signs specifications have not been submitted. The project is conditioned to require a
2 sign permit in substantial compliance with the conceptual sign proposal per Chapter 17.50 "Signs."
3 A transformer is proposed at the southwest comer of the project site screened from the
4 adjacent use and public view by a block wall and gate. This will eliminate the potential for its
5 installation in a visually detracting location.
6 Section 15.04.060 modifies Building Code Section 1208.4.3 (Minimum hotel-motel unit
7 size) and requires that hotel rooms be a minimum size of at least 200 square feet, exclusive of
8 bathrooms. It appears that some rooms may not be fully compliant and the project is conditioned
9 to comply with Section 15.04.060.
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F. Building and driveway orientation in relation to sensitive uses: Impacts relating to
residential uses are addressed above and in other sections. There are no other sensitive uses in the
surrounding area.
G. Noise, odor, dust and/or vibration that may be generated by the proposed use:
During the construction phase of the project, noise standards set by the City's General Plan are not
anticipated to be exceeded. The applicant has stated that project construction will take approximately
one year. Per compliance with 8.24.050 and 8.24.040(1) noise is not anticipated to be significant.
The project is also conditioned to require that construction equipment shall be well-maintained and
a no-idling requirement will be implemented. HV AC systems are conditioned to not create decibel
levels higher than 45 decibels at any property line.
The main entrance of the hotel faces Hermosa Avenue, a four lane, 100-foot-wide, well-
traveled urban collector that will provide a noise buffer between residential properties to the east of
the project site. Guest room balconies on the north, south, and west side of the hotel will be
monitored by hotel staffto ensure noise is not an issue.
H. Impact of the proposed use to the City's infrastructure and/or services: The
applicant has designated and will install a new screened transformer at the southeast comer of the
lot as shown on the submitted plans. The applicant proposes solar panels on the roof to reduce
electrical demand. A screened solid waste facility is provided along 15th Court as shown on the
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submitted plans. Public Works Department recommendations are incorporated as project
2 conditions. Impacts on police services relating to project design are not anticipated.
3 L Adequacy of mitigation measures to minimize environmental impacts in quantitative
4 terms: No additional impacts are identified.
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SECTION 4. Based on the foregoing factual findings, the Planning Commission makes
the following findings for a Conditional Use Permit (CUP) pursuant to H.B.M.C. Section
17.40.020:
A. Distance from existing residential uses: The hotel will not operate a bar, restaurant or
nightclub. In-room mini-bars may be provided and this limitation will ensure adverse impacts do not
occur.
Potential noise impacts to nearby residences generated by hotel guests who may be returning
to the hotel, especially walking from the downtown area are reduced by standard conditions in
Section 17.40.080(A) and requiring hotel staff to regularly monitor the project site in an effort to
deter loitering, unruly behavior, or activities that may disturb neighboring residential uses. Closure of
the business center/multi-purpose rooms and spa/open air patio/sitting room by 10:00 p.m. will
reduce other impacts.
Noise and headlamps from vehicles accessing and leaving the hotel in the late evening
affecting adjacent residential uses will be minimal as it is anticipated that vehicle movements in the
late evening would be minimal and the valet service will be required to tum off headlamps when
vehicles are parked in the queuing lane.
B. The amount of existing or proposed off-street parking facilities, and their distance
from the proposed use: As discussed under the Parking Plan, parking should be adequate.
C. Location of and distance to churches, schools, hospitals and public playgrounds:
Such uses are generally daytime uses while hotel activity typically peaks during the evening hours.
No impact to churches, schools and public playgrounds is anticipated.
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D. The combination of uses proposed: The combination of uses is evaluated under the
Precise Development Plan. No concern with the combination of uses was identified.
E. The number of similar establishments or uses within close proximity to the
proposed establishment: The downtown area is home to two other hotels (Grandview Inn, Beach
House Inn), a motel (Sea Sprite Motel), and a hostel (Surf City Hostel). The provision of common
areas and allowance for alcohol makes the proposed hotel unique from the other hotels in the
downtown area except for the Beach House Inn which was granted on-sale general alcohol sales in
2001 limited to in-room mini-bars and within private banquet rooms limited to use by hotel guests
(including their guests).
F. Will the establishment create a concentration of similar outlets in the area: The
downtown area houses four lodging establishments. With the variety of existing uses in the
downtown area and the geographic distribution of hotels, there is not currently and the hotel will not
create a concentration ofhotels.
G. Precautions taken by the owner or operator of the proposed establishment to assure
15 compatibility of the use with surrounding uses: The applicant proposes to limit hours for use of
16 common facilities, including alcohol provision or allowance (excluding in-room mini bars) to 10:00
17 p.m. However this resolution further limits alcohol to in-room mini-bars to further reduce potential
18 late evening activity and its potential disturbances.
19 H. The relationship of proposed business-generated traffic volume and size of streets
20 serving the area: This issue was evaluated under the Precise Development Plan application. The
21 request for a CUP to be aJlowed to provide general alcohol has no bearing on this factor.
22 L The proposed exterior signs and decor, and compatibility with existing
23 establishments in the area: No issues relating to the CUP are identified.
24 J. Noise, odor, dust and/or vibration that may be generated by the proposed use:
25 Guest room balconies to the north, south, and west side of the hotel and the spa/open-air patio/sitting
26 room on the third floor face neighboring residential uses and could potentially impact neighboring
27 residential uses. The guest room balconies will be regularly monitored by hotel staff to ensure
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compliance with City noise standards and compatibility with the surrounding uses. Alcohol provision
is limited to in-room mini-bars thereby ensuring the primary use of the property as a hotel and not as
a late-night establishment.
K. Impact of the proposed use to the City's infrastructure and/or services: Limiting
alcohol to in-room mini-bars is not anticipated to impact City infrastructure. Impacts to police
services have been an issue relating to late-night alcohol-serving facilities. However, the proposed
use is a hotel, without a restaurant, bar or nightclub, with accessory facilities whose use will cease by
10:00 p.m.; therefore impacts to police services are not anticipated. The project is further conditioned
to require monitoring by hotel personnel and remedies should unanticipated activity occur.
L. Other considerations that, in the judgment of the City Council, are necessary to
assure compatibility with the surrounding uses, and the City as a whole: No other
considerations are identified.
14 SECTION 5. Based on the foregoing factual findings, the City Council finds that parking
15 supply and management is adequate to meet demand as follows pursuant to H.B.M.C. Section
16 17.44.210. The project proposes to supply 37 spaces, with 22 spaces in tandem and valet-managed
17 parking. Per Section 17.44.030(H) "Off-street Parking--Commercial or Business Uses" hotels
18 require one space for each unit for the first 50 units, and hotels with facilities including restaurants,
19 banquet rooms, conference rooms, commercial retail uses and similar activities shall compute parking
20 for the various uses separately. Per the Traffic Impact Study dated November 26, 2012 the small
21 scale of the hotel facilities, limited to use by hotel guests (and their guests), does not constitute
22 separate use types with additional parking demand; therefore the required parking demand is 30
23 spaces. Therefore the number of spaces complies with the Municipal Code.
24 The proposed hotel is in the parking-impacted downtown area. Approval of the Parking
25 Plan simply allowing tandem spaces together with a valet program for a visitor-serving use, as
26 well as payment of an in-lieu fee to mitigate the loss of one on-street parking space, is consistent
27 with the following guidance:
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Coastal Land Use Plan:
2 • To recognize the unique parking needs of the pedestrian-oriented downtown business area-
3 which are less than a typical commercial area. (Parking Access Summary, Goals and Objectives
4 #6, page 3.)
5 • The City should not allow the elimination of existing on-street parking or off-street
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parking spaces within the coastal zone. (In the pedestrian-oriented downtown commercial district
alternatives to providing parking to meet increased demands for use should be allowed, to
encourage alternatives to using motorized vehicles and to encourage improvement and
enhancement of visitor-serving business activities. (Existing Policies and Programs, 1st policy
listed, pages 3 and 4.)
The General Plan-Land Use Element, Volume 1:
• Allow shared parking arrangements for both existing commercial uses and future
commercial developments. (Parking vis-a-vis land use, Primary Objective 2, page 30.)
14 • Allow off-site public parking and/or private parking within a reasonable distance to satisfy
15 parking requirements. (Parking vis-a-vis land use, Primary Objective 2, page 30.)
16 • Assist future 'intensive use' applicants to identify potential methods of satisfying the
17 parking requirements from land use intensification, including off-site shared parking and tandem
18 parking. (Parking vis-a-vis land use, Implementation Objective 3.2, page 31.)
19 • Assist commercial properties with potential for shared parking facilities. (Parking vis-a-vis
20 land use, Implementation Objective 2.2, page 32.)
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22 SECTION 6. Pursuant to the California Environmental Quality Act (CEQA) Guidelines
23 and the City's CEQA Guidelines, the following findings are made:
24 1. The Staff Environmental Review Committee prepared an Initial Study of the potential
25 environmental effects of the proposed project. Based upon the Initial Study, the Committee
26 determined that there was no substantial evidence, in light of the whole record before the City,
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that the project would have a significant effect on the environment and no mitigation measures
2 were incorporated.
3 2. A Notice of Completion of a Draft Negative Declaration was circulated to the State
4 Clearinghouse (No. 2013031 049) to responsible and trustee agencies and by legal notice for the
5 required 30-day period. The Negative Declaration was revised to a Mitigated Negative
6 Declaration in response to comment by the Gabrieleno Band Of Mission Indians/Kizh Tribe Of
7 the Los Angeles Basin, Orange County and the Channel Islands, and the Gabrielino-Tongva Tribe,
8 that the proposed project is within a highly culturally-sensitive area and within prehistoric village
9 sites, to require on-site certified Native American monitors on the Certified, Sanctioned Most
10 Likely Descendants (MLDs) and Insured Monitors list during all ground disturbances.
11 3. Pursuant to CEQA Guidelines, Section 15073.5, the Mitigated Negative Declaration
12 may be adopted without recirculation because the document has not been substantially revised and
13 additional mitigation measures in response to public comments have been made conditions of
14 project approval.
15 4. Pursuant to CEQA Guidelines, Section 15074, the City Council has reviewed the
16 Mitigated Negative Declaration and all comments received regarding the Mitigated Negative
17 Declaration. Based on the whole record, the City Council finds that: (i) the Mitigated Negative
18 Declaration was prepared in compliance with CEQA; and (ii) there is no substantial evidence that
19 the proposed project will have a significant effect on the environment with the mitigation
20 measures incorporated. Based on these findings , the City Council hereby adopts the Mitigated
21 Negative Declaration prepared for the proposed project, filed at the City of Hermosa Beach
22 Community Development Department, 1315 Valley Drive, Hermosa Beach, CA 90254,
23 incorporating Condition of Approval #22.
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25 SECTION 7. Based on the foregoing, the City Council hereby approves Precise
26 Development Plan 13-1, Parking Plan 13-1, and Conditional Use Permit 13-1 subject to the
27 following Conditions of Approval, which supersedes P.C. Resolution 13-13, as follows:
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1. The development and continued use of the property shall be in conformance
2 with submitted plans reviewed by the Planning Commission on May 22, 2013; and A1.1
3 Ground Level Floor Plan Revision-Exhibit A, A1.2 Middle Level Revision-Exhibit B, and
4 A2.1 South and East Elevation-Exhibit C-6-04-13 reviewed by the City Council on July 23,
5 2013, except as may be required to comply with these conditions and Codes. Minor
6 modifications that do not affect scale, type, location or intensity of uses may be approved by
7 the Community Development Director when not in conflict with the findings or conditions of
8 this permit.
9 a) All hotel guestrooms shall comply with Section 15.04.060 regulating room size.
10 b) Mechanical equipment associated with heating, ventilating, and air conditioning
11 (HV AC) systems shall be designed, located and operated so as to not exceed 45 decibels at any
12 property line.
13 c) All roof equipment shall be located and designed to be screened from public
14 view and any portion that exceeds the height limit shall not cover more than 5% of the roof
15 area.
16 d) Plans shall reflect that use of all spaces within the hotel is for hotel guests and
17 not for use by the general public.
18 e) The installation of a conduit from the service panel to the roof shall be
19 required to assist and encourage the installation of roof-mounted energy
20 collection/generation devices. Said electric service panel shall be of adequate size to provide
21 capacity for the future addition of photovoltaic and solar thermal, or other equivalent
22 alternative-energy-producing device(s). Solar panel installations and other roof attachments
23 shall conform to the provisions of Section 15.04.084.
24 2. Architectural treatments and accessory facilities shall be as shown on building
25 elevation, site and floor plans. Precise building height compliance shall be reviewed at the
26 time of Plan Check and prior to Certificate of Occupancy, to the satisfaction of the
27 Community Development Director.
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3. Final building plans/construction drawings including site, elevation, floor
2 plan, sections, details, signage, landscaping and irrigation submitted for building permit
3 issuance shall be reviewed for consistency with the plans approved by the City Council and
4 the conditions of this Resolution, and approved by the Community Development Director
5 prior to the issuance of any Building Permit.
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4. Plans shall comply with all requirements of the Public Works, Building and
Fire Departments and additionally the project shall:
a) Construct new curb and gutter on Hermosa Avenue and 15th Street.
b) Construct new sidewalk on Hermosa A venue and 15th Street.
c) Construct handicapped ramp at 15th Street/Hermosa Avenue and 15th
Court/Hermosa A venue.
d) Construct an on-site infiltration system in compliance with Chapter
15.48.020.
e) Grind 2" AC and overlay pavement on 15th Street, property line to property
line to the center of 15th Street. Reconstruct or grind 2" and overlay AC entire length of
property on 15th Court. Reconstruct cross gutters at 15th Court and 15th Street and
Hermosa A venue to match new grade.
f) On civil plans, show all site drainage lines and termination points via curb
drains, show sewer lines (minimum of 2 sewer laterals required), and show underground
utility lines.
g) An encroachment permit shall be obtained to allow canopies and landscaping
encroaching into the public right-of-way prior to issuance of the Building Permit.
Encroachments permits shall be obtained from the Public Works Department for all
improvements and work within the pubic right-of-way prior to commencement of work.
5. Two copies of a Final Landscaping 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, Planning
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Division, for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a) The Plan shall comply with Municipal Code Sections 17.22.060(H)(3) and
8.60.070 to the satisfaction of the Community Development Director.
b) An automatic landscape sprinkler system consistent with Municipal Code
Section 17 .22.060(H)(3) shall be provided, and shall be shown on plans (Building Permits are
required). Only drip irrigation shall be used.
6. Plans and operations shall comply with Municipal Code Chapter 8.56 Water
Conservation and Drought Management Plan.
7. All exterior lights shall be designed, located and oriented in a manner to
insure that neighboring residential property and the public right-of-way shall not be
adversely affected. Exterior architectural lighting on the building fa~ade and elevations shall
not utilize tube-type lighting; however, low intensity lighting projected onto the building may
be used. All other exterior lighting shall be down-cast, fully-shielded and illumination shall
be contained within the property boundaries. Lamp bulbs and images shall not be visible
from within any off-site residential unit. Light intensity shall be the minimum necessary for
the intended purpose. Exterior lighting shall not be deemed finally approved until thirty
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. The plans shall be prepared and signed by a licensed Electrical Engineer, with a
letter from the engineer stating that, in the opinion of the engineer, this requirement has
been met.
8. A Standard Urban Storm Water Mitigation Plan shall be submitted in full
24 compliance with Municipal Code Chapter 8.44 'Stormwater and Urban Runoff Pollution
25 Control Regulations' and 15.48 'Green Building Standards.' Said approved plan for urban
26 and stormwater runoff controls approved by the Public Works Department shall be set forth
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on the construction plans in accordance with Chapter 8.44 and Section 8.44.090, and the
2 Applicant shall at all times comply with the required best management practices.
3 9. A Sign Permit shall be obtained prior to issuance of Certificate of Final
4 Occupancy. Signage shall comply with Municipal Code Chapter 17.50 (Signs) and be
5 substantially consistent with conceptual signage on project plans approved on July 23, 2013.
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10. Project design and the driveway encroachment onto 15th Street shall be
configured to minimize loss of on-street parking. One in-lieu fee in the amount of $28,900 to
mitigate the loss of one on-street parking space shall be paid to the City prior to issuance of
the Certificate of Final Occupancy. All costs associated with relocation of on-street parking
spaces, meters and signage shall be borne by the Applicant.
11. A Parking Management Plan shall be submitted for review and approval of the
Community Development Director prior to issuance of any building permit consistent with this
permit and the Coastal Development Permit.
a) Employees shall not be prohibited from parking on-site. Employee parking
permits shall be paid for by the hotel management for employees that desire them, and this
information shall be provided to all employees as a benefit of employment.
b) The Parking Management Plan shall provide details on the 24-hour valet
parking operations.
c) A 24-hour per day on-site valet service shall manage all on-site circulation and
parking.
d) No charge shall be made for on-site parking at any time.
e) The valet service shall minimize fugitive light from headlamps and emissions by
turning off vehicles and their headlamps including when vehicles are in the queuing lane.
f) Hotel guests, visitors, employees and service providers shall be directed to
utilize the 15th Street project driveway to access the site and directional signage shall be
provided to this effect. Valet service shall not be provided to assist guest arrival and
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loading/unloading from the public right-of-way. Signage shall direct guests to pull into the
garage for arrival and loading/unloading.
g) Vendors shall be directed to access the site during off-peak hours when they
may park on-site or when metered spaces are not likely to be occupied.
h) The site shall be operated so as to avoid stopping over the sidewalk and
queuing onto the public right-of-way.
i) Install appropriate pavement markings (i.e., stop bar with STOP legend) on
the project drive aisle just south of the public sidewalk to ensure that motorists stop prior to
the sidewalk along 15th Street and at the 15th Court project drive aisle before exiting the site.
j) Install a pavement left-turn arrow prior to the stop bar/STOP legend on the
15th Court project drive aisle to reinforce the left-turn-only movement for motorists exiting
the site.
k) Provide bicycle parking on the ground level of the project site in a readily
accessible location(s). A durable secure facility accommodating a minimum of 10 bicycles
shall be provided in the approximate location shown on the plans. Should it be relocated,
the location shall provide an equivalent level of security and accessibility, provided that
bicycle facilities shall not be located within the five-foot rear yard setback.
I) The business shall prominently display on the hotel website and in the lobby
information on local biking, transit, electric vehicle charging stations, and other alternative
transportation modes. One electric vehicle charging station shall be provided as shown on
the plan submitted July 23, 2013.
m) A plan to stage and manage parking for construction vehicles and workers to
minimize impacts on parking supply and adjoining uses shall be provided.
12. The primary use is a hotel. The provision of alcoholic beverages is restricted
25 to mini-bars in guest rooms.
26 13. Accommodations shall not be rented by guests for more than 30 consecutive
27 days.
Page 17 of22 13-6865
14. No entertainment, speakers, or televisions are allowed on the exterior of the
2 building, in the open-air areas, or on guest room balconies. No live entertainment is
3 permitted in the building. The Applicant will work with staff to designate an on-premises
4 smoking area which provides on-premises smoking in lieu of use on and impacts to the
5 public-right-of-way to the satisfaction of the Community Development Director.
6 15. Use of the two multifunction rooms (i.e., multi-function room and classroom as
7 labeled on the plans) on the first and second levels, and the spa/open-air patio/sitting room on
8 the third level shall cease no later than 10:00 p.m. daily. Each of these spaces may be occupied
9 by not more than 20 people at any one time, unless further restricted by Code. These three
10 spaces may be used for activities limited to hotel guests (including their guests).
11 16. The business shall provide adequate staffing, management and supervisory
12 techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside
13 the business and on balconies outside guest rooms.
14 17. The business and its uses shall not adversely affect the welfare of the residents,
15 and/or commercial establishments nearby.
16 18. Should the Police Chief determine that a continuing police problem exists,
17 he/she may, subject to appeal to the Planning Commission, direct the presence of a police-
18 approved security personnel to eliminate the problem. An appeal to the Planning
19 Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief's
20 determination will not be stayed during the pendency of the appeal. If the problem persists,
21 the Police Chief then shall submit a report to the Planning Commission, which will
22 automatically initiate a review of the Conditional Use Permit.
23 19. The exterior of the premises shall be maintained in a neat and clean manner,
24 and maintained free of graffiti at all times.
25 20. An approved Coastal Development Permit issued by the California Coastal
26 Commission shall be filed with the City prior to commencement of any work whatsoever.
27 The project and its operation shall comply with all California Coastal Commission
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requirements, including but not limited to submittal of the Coastal Development Permit issued
by the California Coastal Commission for development at 1429 Hermosa Avenue prior to
issuance of grading, shoring and construction permits, and provision or payment of any fee
required in lieu of provision of low-to-moderate-cost overnight visitor accommodations.
21. The project shall comply with the 65% demolition debris recycling
requirement set forth in Section 15.48.020.
22. A certified Native American monitor(s) shall be on-site at all times during
ground disturbances. All contractors shall be advised of this condition and it shall be
prominently displayed on project plans. The applicant/contractor shall contact the
Chairman of the Gabrieleno Band of Mission lndians/Kizh Tribe of the Los Angeles Basin,
Orange County and the Channel Islands and Gabrielino-Tongva Tribe at the time that a
grading, shoring or any other building or construction permit is applied for, and in no case
less than at least 90 days prior to commencement of any work to arrange for monitors.
Should human remains be recognized or discovered during any phase of the project, all
work shall cease and the procedures set forth in Health and Safety Code Section 7050.5 shall
be followed in addition to any other requirements of state or federal law. The Community
Development Director shall also be notified. The reasonable costs of such monitors as
determined by the City and any resulting mitigation required by the City or by law shall be
borne by the applicant.
Prior to issuance of any construction permit, the project Applicant shall provide
documentation to the Community Development Director that the procedures above have
been followed. Prior to issuance of the Certificate of Final Occupancy, Applicant shall
submit a Report of Final Compliance to the Community Development Director.
23. 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.
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a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
24. Building permits will not be issued until the Applicant provides an affidavit
certifying mailing of the notice.
25. 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.
26. Construction equipment shall be well-maintained and a no-idling requirement
will be implemented.
27. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
28. 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.
29. Approval of these permits 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.
30. The Planning Commission may review this Conditional Use Permit or Precise
Development Plan or Parking Plan and may amend the subject conditions or impose any
new conditions if deemed necessary to mitigate detrimental effects on the neighborhood
resulting from the subject use.
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SECTION 8. 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 Precise Development Plan, Parking Plan, and
Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of
approval is found to be invalid by a court of law, all the other conditions shall remain valid and
enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the
City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The Permittee shall reimburse the City for any court and attorney's fees which the City
may be required to pay as a result of any claim or action brought against the City because of this
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.
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.
Page 21 of22 13-6865
SECTION 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
2 challenge to the decision of the City Council must be made within 90 days after the final decision
3 by the City Council.
4
5 PASSED, APPROVED and ADOPTED this 23rd day of July, 2013.
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PRESIDENT ofthe Oity Council and
ATTEST:
YOR of the City of Hermosa Beach, California
\ ~ APPROVED AS 1\ FORM:
,.A~.L
Page 22 of22 13-6865
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City ofHermosa Beach, California, do
hereby certify that the foregoing Resolution No. 13-6865 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on July 23, 2013.
The vote was as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dated:
DiVirgilio, Fishman, Tucker, Mayor Bobko
Duclos
None
None
July 23, 2013