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P.C. RESOLUTION 03-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW
DEVELOPMENT OF A ONE-STORY, 13,212 SQUARE FOOT
COMMEtCIAL BUILDING FOR A DRUG STORE ANO MARKET, AND A
DRIVE-THROUGH LANE FOR PURCHASE AND PICK-UP OF
PHARMACY PRODUCTS AND ADOPTION OF AN ENVIRONMENT AL
NEGATIVE DECLARATION AT 155 PACIFIC COAST HIGHWAY
LEGALLY DESCRIBED AS PORTIONS OF LOTS 90-95 INLCUSIVE AND
LOTS 96, 97, 98, 118, AND 119 WALTER RANSOM CO'S VENABLE PLACE
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows :
Section 1. An application was filed by Regency Centers, part owner and part lessee of
property comprising the project site at 155 and 159 Pacific Coast Highway seeking approval of a
Precise Development Plan to construct a 13,212 Square foot commercial building for a drugstore
and market and a Conditional Use Permit for a drive-through pharmacy.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Precise Development Plan, and Conditional Use on November 19,
and December 4, 2002, and January 21, 2003, and considered testimony and evidence. Based on
the testimony and evidence received the Planning Commission makes the following factual
findings:
1. The applicant is proposing to construct a one-story commercial building for a
drugstore and market containing 13,212 square feet with a double drive-through lane for
pharmacy drop off and pick up, which requires a Precise Development Plan pursuant to Chapter
17.58 of the Zoning Ordinance.
2. Pursuant to Section 17.26.040 regarding similar uses, the City Council previously
determined that a drive-through teller window may be permitted in conjunction with a bank with
the approval of a Conditional Use Permit. The proposed drive-through for a pharmacy is very
similar to the bank and therefore also may be permitted with a Conditional Use Permit.
3. The subject site is located on the West Side of P.C.H. between First Place and
Second Street. The property contains an auto dealership and repair business and one
nonconforming residential building. The proposed project involves the demolition of all existing
structures and the construction of a new one-story commercial building and surface parking lot.
Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Precise Development Plan and Conditional
Use Permit:
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I. Pursuant to the guidelines in Section 17.38.330 of the Zoning Ordinance for
review of projects that exceed first tier standards in the SPA 7 zone, The oyerall building and
project design is of a superior quality, is compatible with surrounding properties and is designed
in scale with the community. In making this finding, the Planning Comm}ssion has determined
that:
a. The exterior of the building is designed with stepping roofline~ and stepped features
to avoid a massive flat building face. The building is enhanced with architectural features
and materials to improve its appearance and function. The features in conjunction with a
sign plan coordinated with exterior features show that quality and special attention has
been given to the appearance at the street.
b. A landscape plan is included which shows ample and generous landscaping at the
perimeter of the parking lot to enhance the building and the site. The landscaping when
supplemented in accordance with conditions below will mitigate the visual impacts of the
flat portions of the building.
c. Because of its low scale and relatively small size, the building will be compatible
with neighboring projects, and the character of Pacific Coast Highway
2. The general criteria of Hermosa Beach Municipal Code Section l 7.38.330(C) for
granting or conditionally granting a Precise Development Plan in the S.P.A. 7 zone have been
considered. In making this finding, the Planning Commission has determined that:
a. The proximity of the project to existing residential uses will not result in negative
effects with incorporation of the conditions below.
b. The project will not have a negative impact on ocean views from residential areas as
the building height will be lower than the existing building.
c. The amount of existing and proposed off-street parking is sufficient for actual need.
d. The use proposed is compatible with each other and with the area.
e. The capacity and safety of the streets serving the area is adequate for the traffic
volume estimated to be generated by the project as shown by the traffic impact
analysis prepared by Linscott, Law and Greenspan, which demonstrates that traffic
generation will not significantly increase as compared to the existing uses on the
site.
f. The proposed exterior signs and decor are sufficiently compatible with existing
establishments in the area with incorporation of the conditions below.
g. Building and driveway orientation is appropriate to minimize noise and traffic
impacts on nearby residential areas.
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h. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
1. The propo~ed use will not result in an adverse impact on the City's infrastructure
and/or services. .,
5. The criteria of Hermosa Beach Municipal Code Section 17.38.330(D) for denial
of a Precise Development Plan are not applicable. In making this finding, the Planning
Commission has determined that:
a.
a.
The project will not substantially depreciate property values in the vicinity, or
interfere with the use or enjoyment of property in such area, because of excessive
dissimilarity or inappropriateness of design in relation to the surrounding vicinity.
The project will not have significant environmental adverse impacts
Section 4. Environmental Review.
1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, the Staff Environmental Review Committee prepared an Initial Study of
the potential environmental effects of the proposed project. Based upon the Initial Study, the
Committee determined that there was no substantial evidence, in light of the whole record before
the City, that the project would have a significant effect on the environment. City staff thereafter
prepared a Negative Declaration for the project and duly provided public notice of the public
comment period and of the intent to adopt the Negative Declaration. A copy of the Initial Study
and Mitigated Negative Declaration are attached hereto and incorporated herein by reference.
2. The Planning Commission has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration. Based on the whole record, the Planning
Commission finds that: (i) the Negative Declaration was prepared in compliance with CEQA;
and (ii) there is no substantial evidence that the proposed project will have a significant effect on
the environment. Based on these findings, the Planning Commission hereby adopts the Negative
Declaration prepared for the proposed project.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Precise Development Plan and Conditional Use Permit subject to the following Conditions of
Approval:
1. The development and continued use of the property shall be in conformance with
submitted plans as revised and reviewed by the Planning Commission at their meeting
of January 21, 2003, incorporating all revisions as submitted by the applicant, and as
required by the conditions below.
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2.
3.
4.
The Precise Development Plan, and Conditional Use Permit shall only be in effect after
the lots comprising the project site are merged in accordance with Section 16.20.110 of
the Subdivision Ordinance.
A revised site plan shall be submitted incorporating the following revisions.
a. The trash dumpster and transformer shall be located away from the w~st side of the
property to a satisfactory location approved by the Community Development
Director.
b. The site plan shall clearly depict parking lot lighting, and all light fixtures shall be
located such that property line walls or building walls shield the light source from
residences to the west, with light directed downward to minimize off-site glare in all
directions.
c. A decorative split-face concrete masonry block wall (combination retaining and
screening wall) shall be provided along the westerly property line to screen the
parking lot and along the south side of the property to screen the truck loading
area. Said wall shall measure a minimum of 8-feet high from the project finished
grade, with the exception of the section of the wall located immediately adjacent to
the west side of the building which shall be a minimum 8-feet measured from
adjacent grade to the west.
d. Temporary or seasonal storage trailers are not permitted and shall be omitted from
the plan
e. The parking stalls located along the westerly property line shall be designated for
employee parking.
f. The applicant shall coordinate with the Public Works Department to have a "keep
clear" zone painted on the street front of the First Place and Second Street
driveways.
g. A "No Right Turn" sign shall be posted at the First Place driveway exit and a "No
Left Turn" sign posted at the Second Street driveway exit.
h. A sign shall be posted at loading dock indicating that all delivery truck access shall
be from First Place only, and indicating delivery hours pursuant to condition No. 6
of this resolution.
i. The drive-through lanes shall be striped with pavement markings.
A revised detailed landscape plan shall be submitted for review and approval by the
Community Development Director incorporating the revisions below:
a. Landscaping shall be provided such that the project site is covered by minimum of
5% landscaped area (not including the required rear yard landscaped buffer).
b. Supplemental landscaping shall be provided to enhance the entry area, and the
front of the building at the exit area for the drive-through, and surrounding the
truck loading area.
c. Continuous shrub planting along the P.C.H. frontage shall be a minimum three-feet
in height.
d. Decorative stone pavers shall be provided in the driveway areas.
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5.
6.
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9.
The operating hours for the drugstore and market with off-sale alcohol sales shall be
limited to between 7:00 A.M. and 11:00 P.M.
Truck and vendor deliveries shall be limited to between 8:00 A.M. and 6:00 P.M. .-
Monday through Friday, and between 9:00 A.M. and 6:00 P.M. Saturdays and
Sundays. Delivery truck engines shall be shut off during loading and unloading. This
condition shall be subject )o review by the Planning Commission 6 months after the
opening of the store.
The parking area shall be posted with signs indicating parking is for customers and
employees only during store hours and that violators will be towed. Roving drive by
security service shall be provided for the parking lot after closing. If the Community
Development Director determines that a nuisance exists related to after-hours use of the
parking lot additional security measures shall be implemented as determined by the
Director.
Architectural treatment of the building shall be as shown on building elevations and
site and floor plans. Any modification shall require approval by the Community
Development Director.
A revised sign plan shall be submitted for review and approval by the Community
Development Director incorporating the following revisions:
a. One free-standing sign is permitted, and shall be limited to a monument sign with a
maximum height of ten (10) feet, which shall be located at the south edge of the
landscape planter at the northeast corner of the property.
b. The north and south elevations of the building shall be limited to one business name
sign, located as far east on the south side of the building as feasible. Accessory wall
signs identifying products or services offered shall not be permitted on the north
and south elevations of the building.
c. Signs indicating prescription drop-off and pick-up shall be illuminated.
10. The use of the drive-through lanes shall be for drop-off of prescriptions and pick-
up/purchase of prescriptions and pharmacy-related items normally dispensed by a
licensed pharmacist, and shall not be used for general merchandise.
11. Prior to the issuance of building permits, the applicant or their designee shall prepare a
Phase I Hazardous Materials Study for the subject site for submittal to Community
Development. Any required remediation shall be undertaken by the applicant in
coordination with responsible agencies and such remediation shall be completed to the
satisfaction of the City prior to construction.
12. A detailed drainage and Stormwater Pollution Prevention Plan is required for approval
by the Public Works Department, prior to the issuance of building permits and
implemented on site, demonstrating that on-site drainage will be eliminated through a
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filtering system with final specification subject to approval by the Public Works
Department.
13. The applicant is responsible for all off-site right-of-way construction required by the
Public Works Department as set forth in the attached memorandum date January 21,
2003.
14. The project shall comply with the requirements of the Fire Department.
15. Final building plans/construction drawings including site, elevation, floor plan, sections,
details, signage, landscaping and irrigation, submitted for building permit issuance
shall be reviewed for consistency with the plans approved by the Planning Commission
and the conditions of this resolution, and approved by the Community Development
Director prior to the issuance of any Building Permit.
16. All roof equipment shall be located and designed to be screened from public view by the
parapet walls.
17. The project and operation of the business shall comply with all applicable requirements
of the Municipal Code.
18. The Conditional Use Permit and Precise Development Plan shall be recorded, and proof
of recordation shall be submitted to the Community Development Department.
19. Each of the above Conditions of Approval 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.
20. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers,
or employee to attack, set aside, void or annul this permit approval, which action is
brought within the applicable time period of the State Government Code. The City
shall promptly notify the permittee of any claim, action, or pr.oceeding and the City
shall cooperate fully in the defense. If the City fails to promptly notify the permittee of
any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the
permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the
City.
21. 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.
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22. 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 6. This grant shall nof. 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.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Kersenboom, Perrotti, Pizer, Tucker
Hoffman
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P .C. No. 03-1 is a true and complete record of the
action taken by the Planning Commission of the •City of Hermosa Beach, California at their
regular meeting of January 21, 2003. ·n fJvw
Ron Pizer, Chairman
Date
7reso-Pdprl 55pchrevised
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