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Home My WebLink About2020-06-22 PC Agenda Adjourned MeetingPlanning Commission City of Hermosa Beach Adjourned Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers7:00 PMMonday, June 22, 2020 1 June 22, 2020Planning Commission Adjourned Meeting Agenda - Final ******************************************************************************************************* THIS MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020. ANY OR ALL PLANNING COMMISSION MEMBERS MAY ATTEND AND PARTICIPATE BY TELECONFERENCE/VIRTUAL MEETING. MEMBERS OF THE PUBLIC MAY PARTICIPATE BY TELECONFERENCE. ******************************************************************************************************* THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City's web site at www.hermosabeach.gov. Wireless access is available in the City Council Chambers for mobile devices: Network ID: CHB-Guest, Password: chbguest Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City's website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. Page 2 City of Hermosa Beach Printed on 3/20/2024 2 June 22, 2020Planning Commission Adjourned Meeting Agenda - Final PUBLIC PARTICIPATION City Hall will be closed to the public until further notice. Virtual Meetings are held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020. Members of the public may submit eComments (instructions below) or email comments to CommunityDevelopment@hermosabeach.gov until 12:00 p.m. on the meeting date. Members of the public may also participate by phone. JOIN THE VIRTUAL PLANNING COMMISSION ADJOURNED MEETING AT: https://us02web.zoom.us/j/82622128163 OR PARTICIPATE BY PHONE: 1. Prior to 6:00 p.m. on the meeting date, email Planning@hermosabeach.gov to be added to the speaker list. Please indicate your full name and which item you would like to speak on. 2. Dial in 5 minutes prior to the start of the meeting: > Toll Free Dial in: (888) 475-4499 > Planning Commission Adjourned Meeting Webinar ID: 826 2212 8163 3. ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. When you are called on to speak, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. Page 3 City of Hermosa Beach Printed on 3/20/2024 3 June 22, 2020Planning Commission Adjourned Meeting Agenda - Final Submit your comments via eComment in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. eComments can be submitted as soon as the meeting materials are published, but will only be accepted until 12:00 pm on the date of the meeting to ensure Planning Commission and staff have the ability to review comments prior to the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Oral / Written Communications *************************************************************************************************************** THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. *************************************************************************************************************** Section I PUBLIC HEARING Information Only: Public Hearing Notices and Project Zoning MapsREPORT 20-0374 5. Page 4 City of Hermosa Beach Printed on 3/20/2024 4 June 22, 2020Planning Commission Adjourned Meeting Agenda - Final Precise Development Plan (PDP20-2) and Parking Plan Amendment (PARK20-2), a request to: 1) reduce the overall building size from 6,849 square feet to 6,732 square feet (71 square feet will be added to first floor and 188 square feet will be removed from second floor), 2) remodel the entire building to convert from a multi-tenant building to a single-tenant, 3) add a new 2,212 square foot roof deck, 4) remodel all of the façades of the office building, 5) amend a previously approved Parking Plan (PARK94-5) to reduce the on-site parking from eight to seven spaces in order to accommodate an ADA parking space, on property located at 1001 Hermosa Avenue; and determine that the project is categorically exempt from the California Environmental Quality Act. REPORT 20-0368 6. Recommendation:Adopt the attached resolution approving Precise Development Plan 20-2 and Parking Plan Amendment 20-2, to allow the overall reduction in structure size, a new roof deck, reduction in parking, and remodel of the existing building located at 1001 Hermosa Avenue, and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA). Precise Development Plan PDP 20-3 and Parking Plan PARK 20-1 request for conversion of an 11 unit non-conforming apartment building into a 9 unit hotel, including removal of 2 ground floor units and provision of 2 new parking spaces and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). REPORT 20-0370 7. Recommendation:Adopt the attached resolutions approving Precise Development Plan 20-3 and Parking Plan 20-1 to allow an existing 11-unit apartment building to be converted to a 9-unit hotel with 2 new parking spaces in the C-2 (Restricted Commercial) zoning district at 66 11th Street; and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). CUP 20-5- Conditional Use Permit request for a fitness studio (assembly hall) at 200 Pier Avenue, Suite 221(Shad Hart Fitness) and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). REPORT 20-0371 8. Recommendation:Adopt the attached resolution approving the Conditional Use Permit for a fitness studio (assembly hall) use located at 200 Pier Avenue, Suite 221 (Shad Hart Fitness) and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Section II 9. Staff Items 10. Commissioner Items 11. Adjournment Page 5 City of Hermosa Beach Printed on 3/20/2024 5 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0374 Honorable Chair and Members of the Hermosa Beach Planning Commission Adjourned Meeting of June 22, 2020 Information Only: Public Hearing Notices and Project Zoning Maps Attachments: 1.Public Notices 2.Project Zoning Maps City of Hermosa Beach Printed on 2/20/2024Page 1 of 1 powered by Legistar™6 7 City News & Press Releases Public Hearing Notice | Planning Commission | Monday, June 22, 2020, 7:00PM Post Date:06/12/2020 10:07 AM City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Monday, June 22, 2020, to consider the following items continued from the June 16, 2020 regular meeting: 1. Precise Development Plan PDP 20-2 and Parking Plan Amendment PARK 20-2, a request to: 1) reduce the overall building size from 6,849 square feet to 6,732 square feet (71 square feet will be added to first floor and 188 square feet will be removed from second floor), 2) remodel the entire building to convert from a multi-tenant building to a single-tenant, 3) add a new 2,212 square foot roof deck, 4) remodel all of the façades of the office building, 5) amend a previously approved Parking Plan (PARK94-5) to reduce the on-site parking from eight to seven spaces in order to accommodate an ADA parking space, on property located at 1001 Hermosa Avenue; and determine that the project is categorically exempt from the California Environmental Quality Act. 2. Precise Development Permit PDP 20-3 and Parking Plan PARK 20-1 request for conversion of an 11 unit non-conforming apartment building into a 9 unit hotel, including removal of 2 ground floor units and provision of 2 new ADA parking spaces and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). 3. CUP 20-5- Conditional Use Permit request for a fitness studio (assembly hall) at 200 Pier Avenue, Suite 221(Shad Hart Fitness) and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). SAID PUBLIC HEARINGS shall be held virtually at 7:00 P.M., or as soon thereafter as the matter may be heard. THIS MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020. ANY OR ALL PLANNING COMMISSION MEMBERS MAY ATTEND AND PARTICIPATE BY TELECONFERENCE/VIRTUAL MEETING. MEMBERS OF THE PUBLIC MAY PARTICIPATE BY TELECONFERENCE. Public Hearing Notice | Planning Commission | Monday, June 22, 2020, 7:00PM | City N... https://www.hermosabeach.gov/Home/Components/News/News/2696/ 8 Return to full list >> ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time. See the meeting agenda or contact CommunityDevelopment@hermosabeach.gov for teleconference participation details. For inclusion in the agenda packet to be distributed, written comments of interested parties should be mailed to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 or emailed to CommunityDevelopment@hermosabeach.gov by noon of the Tuesday, one week before the meeting. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or CommunityDevelopment@hermosabeach.gov. The Department operates from 7:00 a.m. to 6:00 p.m., Monday through Thursday. A copy of the agenda staff report(s) in the Planning Commission packet will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Relevant Municipal Code sections are also available on the website. Ken Robertson Director of Community Development eNotification Signup | Change eNotification Preferences Email Address * Retype Email Address * First Name * Last Name * News Public Hearing Notice | Planning Commission | Monday, June 22, 2020, 7:00PM | City N... https://www.hermosabeach.gov/Home/Components/News/News/2696/ 9 Public Notice Posters with June 22, 2020 Meeting Date (posters updated on June 12, 2020) 1001 Hermosa Avenue 10 1001 Hermosa Avenue 11 66 11th Street 12 66 11th Street 13 200 Pier Avenue, Suite 221 14 200 Pier Avenue, Suite 221 15 16 PalmDr10thSt 8thStTheStrand BayviewDrHermosaAveSunsetDrMontereyBlvdManhattanAve9thSt PierAve11thSt LomaDr14thCt 13thSt 13thCt 9thCtBeachDr11thCt 12thCt PierPlaza 10thCt 14thSt 13thSt 11thStManhattanAv e BeachDrR-1 Single Family Residential R-1A Limited Single-Family Residential R-2 Two Family Residential R-2B Limited Multiple Family Residential R-3 Multiple Family Residential R-P Residential-Professional RPD Residential Planned Development R-3PD Multiple Family Planned Development C-1 Limited Business and Residential C-2 General Commercial C-3 General and Highway Commercial M-1 Light Manufacturing OS Open Space OS-1 Restricted Open Space OS-2 Restricted Open Space OS-O Open Space Overlay MHP Mobile Home Park SPA Specific Plan Area (Residential) SPA Specific Plan Area (Commercial) 500' Notification Radius APN:4187-004-025 1001HermosaAve PreciseDevelopmentPlan Zone:C-2 Projects Zoning Map Planning Commission June 22, 2020 17 PalmDr10thSt TheStrandBayviewDrHermosaAveMontereyBlvd14thSt PierAveManhattanAve8thSt 9thSt 11thSt SunsetDr14thCt 13thSt 13thCt 9thCtBeachDr11thCt 12thCt PierPlaza 10thCt 11thSt 13thSt ManhattanAveBeachDrR-1 Single Family Residential R-1A Limited Single-Family Residential R-2 Two Family Residential R-2B Limited Multiple Family Residential R-3 Multiple Family Residential R-P Residential-Professional RPD Residential Planned Development R-3PD Multiple Family Planned Development C-1 Limited Business and Residential C-2 General Commercial C-3 General and Highway Commercial M-1 Light Manufacturing OS Open Space OS-1 Restricted Open Space OS-2 Restricted Open Space OS-O Open Space Overlay MHP Mobile Home Park SPA Specific Plan Area (Residential) SPA Specific Plan Area (Commercial) 500' Notification Radius APN: 4187-004-013 66 11th St PreciseDevelopmentPlan&ParkingPlan Zone:C-2 Projects Zoning Map Planning Commission June 22, 2020 18 PalmDrPierAve The StrandBayviewDrLomaDrHermosaAve14thSt MontereyBlvdSunsetDrOakSt 15thSt 11thSt 16thCt BardSt14thCt 13thSt 13thCt CypressAveBeachDr15thCt 12thCt 10thSt PierPlaza ManhattanAve11thCt 11thStLoma Dr13th StBeachDr OakSt 11thSt BeachDrManhattanAveR-1SingleFamilyResidential R-1ALimitedSingle-FamilyResidential R-2TwoFamilyResidential R-2BLimitedMultipleFamilyResidential R-3MultipleFamilyResidential R-PResidential-Professional RPDResidentialPlannedDevelopment R-3PDMultipleFamilyPlannedDevelopment C-1LimitedBusinessandResidential C-2GeneralCommercial C-3GeneralandHighwayCommercial M-1LightManufacturing OSOpenSpace OS-1RestrictedOpenSpace OS-2RestrictedOpenSpace OS-OOpenSpaceOverlay MHPMobileHomePark SPASpecificPlanArea(Residential) SPASpecificPlanArea(Commercial) 500'NotificationRadius APN:4187-009-093 200PierAve ConditionalUsePermitAmendment Zone:SPA-11 Projects Zoning Map Planning Commission June 22, 2020 19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0368 Honorable Chair and Members of the Hermosa Beach Planning Commission Adjourned Meeting of June 22, 2020 Precise Development Plan (PDP20-2) and Parking Plan Amendment (PARK20-2), a request to: 1) reduce the overall building size from 6,849 square feet to 6,732 square feet (71 square feet will be added to first floor and 188 square feet will be removed from second floor), 2) remodel the entire building to convert from a multi-tenant building to a single-tenant, 3) add a new 2,212 square foot roof deck, 4) remodel all of the façades of the office building, 5) amend a previously approved Parking Plan (PARK94-5) to reduce the on-site parking from eight to seven spaces in order to accommodate an ADA parking space, on property located at 1001 Hermosa Avenue; and determine that the project is categorically exempt from the California Environmental Quality Act. APPLICANT:Jessica Farinacci with Tomaro Architecture 2617 N Sepulveda Blvd, Suite 100 Manhattan Beach, CA 90266 OWNER:1001 Hermosa Ave, LLC 590 Madison Ave, 32nd Floor New York, NY 10022 Recommended Action: Adopt the attached resolution approving Precise Development Plan 20-2 and Parking Plan Amendment 20-2, to allow the overall reduction in structure size, a new roof deck, reduction in parking, and remodel of the existing building located at 1001 Hermosa Avenue, and determining that the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: ZONING:C-2 - General Commercial GENERAL PLAN:Recreational Commercial LOT SIZE:5,010.9 square feet PREVIOUS USE:Office PROPOSED USE:Office The subject site is a 5,010.9 square foot parcel that is located on the west side of Hermosa Avenue and extends between 10th Street and 11th Court. The site is improved with a 6,849 square foot two- story office building that was originally constructed in 1960, with a major remodel in 1994 to add the second floor. As part of the 1994 remodel, the Planning Commission approved Parking Plan 94-5, City of Hermosa Beach Printed on 10/8/2023Page 1 of 9 powered by Legistar™20 Staff Report REPORT 20-0368 which set the number and configuration of parking spaces. The site has eight parking spaces that are tucked under the second floor. Five of which are on the north side of the building (accessed via 11 th Court) and the remaining three are on the south side of the building (accessed via 10th Street). The office building has a current height of 29.36 feet and is currently occupied by multiple tenants, with first floor tenants having direct access to Hermosa Avenue and second floor tenants being accessed via a common lobby and hallway. The building currently has a Spanish Colonial Revival architectural style. There is a mural on the north elevation of the second floor. The Applicant is proposing to keep the mural, at least until the expiration of a private agreement with Hermosa Beach Murals Project. At that time, the Applicant will determine whether to continue with the same mural on the building, or to replace it with a new mural. Staff found no regulatory requirement or recorded agreement on the property to require the applicant to keep the mural. It is also important to note that any agreement with Hermosa Beach Murals Project is a civil matter and not enforceable by the City. View of Property from Hermosa and 10th City of Hermosa Beach Printed on 10/8/2023Page 2 of 9 powered by Legistar™21 Staff Report REPORT 20-0368 View of Property from Hermosa and 11th The surrounding area includes a variety of uses. To the west of the site, along 10 th Street, R-2 (Two Family Residential) and R-3 (Multiple Family Residential) zoned properties exist. These lots are all improved with residential dwelling units. The properties to the north, east, and south of the subject site, which are primary along Hermosa Ave, are zoned C-2 (General Commercial). Existing businesses include: Crafty Minds Brews + Bites to the north, across 11th Court; the Comedy and Magic Club, which located on the northeast corner of Hermosa and 10th; and a multi-tenant retail building on the southeast corner of Hermosa and 10th. On the southwest corner of Hermosa and 10th is currently a single-family residence; however, this property is in plan check to be converted to a motel. The proposed project is multifaceted, to which the applicant is requesting the Planning Commission approve a Precise Development Plan and an amendment to the existing Parking Plan. The project includes adding 71 square feet to the first floor, reducing the second floor by 188 square feet remodeling the building to convert it into a single tenant, remodel the façades, and add a new 2,212 square foot roof deck. Additionally, the project would reduce the parking to seven spaces. Pursuant to the HBMC , a Precise Development Plan approval is required since the Applicant is remodeling more than 1,500 square feet of floor area and an amendment to the Parking Plan is required to reduce the number of parking spaces. Analysis: The 71 square foot addition is proposed along the east side of the first floor (facing Hermosa Ave). With this addition, the first floor would consist of meeting and conference space, as well as the lobby and reception area. Changes to the second floor include a 12 square foot addition on the southwest corner, demolition of 200 square feet along the east elevation, and reducing the west side balcony from 375 square feet to 276.25 square feet. The second floor, as proposed, is primarily office area, City of Hermosa Beach Printed on 10/8/2023Page 3 of 9 powered by Legistar™22 Staff Report REPORT 20-0368 with the employee breakroom and meeting space. The new 2,212 square foot roof deck will be added to the building to allow employees to work or take their breaks while enjoying the coastal environment. This deck is only accessible via the elevator or one of two stairways that can access the interior of the building. Due to the proximity of residential, staff is recommending several conditions of approval to avoid creating impacts. This includes limiting the use of the deck to incidental uses to the business, the deck cannot be rented out for private events, and there shall be no amplified music on the deck. Upon completion of construction, the building would have a maximum height of 30 feet, which is the maximum allowed pursuant to the C-2 zone development standards. As part of the proposed construction, the applicant would install a new elevator within the building. To accommodate access to the roof deck and the elevator equipment, the elevator housing will have a maximum height of 36 feet. Notwithstanding this, HBMC Section 17.46.010 allows elevator housing to exceed the maximum height limit in a commercial zone, provided the elevator housing does not exceed the height limit by more than eight feet, is at the minimum needed to meet the building code requirements, and does not exceed five percent of the total roof area. The proposed elevator housing only exceeds the allowable height by 6.13 feet and has an area of 73.8 square feet, which is approximately 1.7% of the overall roof area. In order to maintain the lowest possible height for the elevator housing, the Applicant is proposing to utilize a hydraulic lift elevator, which will not require equipment above the elevator cab. The height of the elevator housing provides the minimum space needed to accommodate the cab, required area of refuge above the cab, and construction of the physical housing structure. Staff is attaching the manufacturer’s specifications and building code. This project would also result in the ADA parking space being brought into compliance with the code. The current space does not provide adequate vehicle loading/unloading and may not have proper accessibility to the building. The current ADA parking does not provide adequate ability for loading/unloading a vehicle and requires a disable person to traverse 11th Court to access the building. The applicant is proposing to reconfigure the parking to allow for a loading/unloading space and will provide a new pedestrian access on the north side of the building that will be utilized as an accessible access point. While this would reduce the on-site parking from eight spaces to seven spaces, it is an important alteration to ensure suitable accessible parking is provided. As part of the proposed project, the facades of the building would be remodeled. This upgraded façade would eliminate the Spanish colonial architecture and incorporates a brick exterior with expansive glazing added to the first and second floor and a metal clad flat roof. With a new roof deck and added greenery to help maximize the use of the building. Metal awnings, windows and light fixtures help break up the brick façade on the first floor and soften the overall exterior. The entryway incorporates large glass doors with transoms to create an inviting entrance. The use of glass on the exterior second floor and popped up middle roof section help lighten the overall street presence and creates a sustainable interior working environment. The second-floor steps back about two feet from the first floor to create a terraced effect and help with the mass of the building along Hermosa Ave. City of Hermosa Beach Printed on 10/8/2023Page 4 of 9 powered by Legistar™23 Staff Report REPORT 20-0368 Proposed Building from Hermosa and 10th Proposed Building from Hermosa and 11th The metal awnings on the first-floor façade, facing Hermosa Avenue, encroach into the public right-of -way. Accordingly, staff is recommending a condition of approval that requires the Applicant to obtain an encroachment permit from the Public Works department prior to the issuance of building permits. The site currently has minimum landscaping near each of the ground floor entries. As part of the City of Hermosa Beach Printed on 10/8/2023Page 5 of 9 powered by Legistar™24 Staff Report REPORT 20-0368 remodel, the applicant will provide 295 square feet of new landscaping. This includes new planters along the first and second floor facing Hermosa Ave, a planter with water feature along the west property line, and landscaping on the roof deck. The use of Arbutus ‘Marina’ (Marina Strawberry Tree), Dasylirion wheeleri (Spoon Yucca), agave, and echeveria, all of which are drought tolerant, will provide a landscape palette that will compliment the building’s architecture. HBMC Section 17.58.030 specifies the following criteria to be considered in approving a Precise Development Plan: 1.Distance from existing residential uses in relation to negative effects; The adjoining property to the west is zone R-3 and is improved with a five-unit apartment building. Nevertheless, the existing building is multi-tenant office building and the proposed project will convert the use to a single-tenant office building. The 71 square foot addition on the first floor and the demolition of a portion of the second floor are located in an area that is on the east side of the building, opposite of the apartment building and will not create a new negative effect on the adjoining uses. In order to prevent the new roof deck from creating a negative effect, staff has recommended several conditions of approval, including limiting the uses to those that are incidental to the office use and preventing the roof deck from being rented out to for special events. 2.The amount of existing or proposed off-street parking in relation to actual need; The parking requirement for general office is one space for every 250 square feet of floor area. The existing building requires 27 parking spaces; whereas, eight parking spaces are provided, which was approved as part of a Parking Plan in 1994. The proposed project will reduce the size of the building, thus does not increase the parking requirement. The new roof deck does not increase parking demands because the outdoor use is incidental to the office use. Pursuant to HBMC Section 17.26.050(B)(3), “[w]here incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities.” Therefore, no additional parking spaces are required for the incidental outdoor use. 3.The combination of uses proposed, as they relate to compatibility; The project will convert the multi-tenant office building to a single-tenant office building. By only having a single tenant the building will operate under consistent business operation and hours, versus different offices having multiple operations and hours. Further, and as noted in Criteria 1, 2, 7 and 8, this approval will not result in other potential impacts. 4.The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area; The project will not impact traffic volume or the capacity or safety of streets serving the area as the project is converting an existing multi-tenant office into a single-tenant office. This change City of Hermosa Beach Printed on 10/8/2023Page 6 of 9 powered by Legistar™25 Staff Report REPORT 20-0368 is not anticipated to increase traffic thus will not impact the capacity or safety of the streets. 5.The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; The building will be occupied by a single tenant, thus does not require Comprehensive Sign Program. All proposed signs will be reviewed under a separate permit to ensure compliance with applicable code sections. 6.Building and driveway orientation in relation to sensitive uses, e.g., residences and schools; Parking spaces are directly from 10th Street (facing a future motel) and 11th Court (facing a commercial parking lot), which is not being altered from the current location. The pedestrian access to building is oriented towards Hermosa Avenue, which will be maintained with the proposed remodel. 7.Noise, odor, dust and/or vibration that may be generated by the proposed use; Generally, office uses are low impact and generate minimal noise or odor. The majority of the noise, odor, and vibration impacts will be temporary and limited to the construction involved with the addition/remodel. 8.Impact of the proposed use to the city’s infrastructure, and/or services; The proposal will not change the use of the building, and as such, is not anticipated to create additional demand on the City’s infrastructure and/or services. 9.Adequacy of mitigation measures to minimize environmental impacts in quantitative terms; The project is categorically exempt from the California Environmental Quality Act. Thus, mitigation measures are not required due for the proposal project. However, staff is recommending several conditions of approval, which have been added to the draft resolution to reduce potential impacts to those who live, work, and visit the area. 10.Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. As noted in the above criteria, approval of the proposed project will not result in the creation of an impact to the surrounding uses and/or the City as a whole. The proposed architecture is consistent with the surrounding buildings. Environmental Determination: The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301, Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure and involves no expansion of the use. Instead, this project will reduce the building size by 117 square feet. None of the exceptions to the Categorical Exemption apply nor will the City of Hermosa Beach Printed on 10/8/2023Page 7 of 9 powered by Legistar™26 Staff Report REPORT 20-0368 project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. General Plan Consistency: According to PLAN Hermosa, the subject site has a General Plan Land Use Designation of Recreational Commercial, which has an intensity range of 1.0-1.75 FAR. With the proposed project, the proposed FAR would be 1.34. The Recreational Commercial Land Use Designation prioritizes coastal and visitor related uses, such as Restaurants, snack shops, entertainment, lodging, retail, beach rentals and other similar uses; however, the existing building is an office use, which will be maintained. The site is also located in the Downtown District Character Area. The character area is intended, “… to enhance the building form and orientation, and maintain the pedestrian realm along Pier Ave while transforming the realm on Hermosa Avenue.” Keeping the building adjacent to the sidewalk, the use of large windows, providing the primary pedestrian entry on Hermosa Avenue, and articulating the building façade are elements that contribute towards a human scale design. To further support the pedestrian scale of the building, staff is recommending a condition of approval that limits the use of tint, colored glazing, or other permeant window covering that would prevent visibility into the building. This would not restrict the use of window shades, blinds, curtains, and the such within the building. This allows the building to contribute to the pedestrian orientation of Hermosa Avenue. The proposed project also implements the following PLAN Hermosa goals and policies: Community Governance policies: 5.1 Residential and commercial compatibility, 6.2 Regional presence; and Land Use and Design policies: 1.7 Compatibility of uses, 1.9 Retain commercial land area, 3.4 Emerging employment sectors, 4.10 Pedestrian access, 5.2 High-quality materials, 5.6 Eclectic and diverse architecture, 6.6 Human-scale buildings, and 6.7 Pedestrian oriented design Summary: Based on the analysis contained within this report, proposed office remodel located at 1001 Hermosa Avenue, as conditioned, is consistent with the Hermosa Beach Municipal Code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolution approving PDP 20-2 and PARK 20-2, and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) Attachments: 1.Draft Resolution 2.Zoning Map and Aerial Photo 3.Legal Posters 4.Elevator Specifications and Code 5.P.C. Resolution 94-23, approving Parking Plan 94-5 6.Project Plans Respectfully Submitted by: David Blumenthal, AICP, Senior Planner City of Hermosa Beach Printed on 10/8/2023Page 8 of 9 powered by Legistar™27 Staff Report REPORT 20-0368 Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 10/8/2023Page 9 of 9 powered by Legistar™28 P.C. RESOLUTION 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING PRECISE DEVELOPMENT PLAN NO. PDP 20-2 TO ALLOW AN INCREASE OF THE FIRST FLOOR BY 71 SQUARE FEET, DECREASE THE SECOND FLOOR BY 188 SQUARE FEET, NEW 2,212 SQUARE FOOT ROOF DECK, AND COMPLETE REMODEL OF AN EXISTING OFFICE BUILDING LOCATED AT 1001 HERMOSA AVENUE, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Tomaro Architecture (hereinafter ‘Applicant’), requesting approval of Precise Development Plan No. PDP 20-2 and Parking Plan Amendment No. PARK 20-2 to allow to convert a multi-tenant office building into a single-tenant office building, increase the first floor by 71 square feet, decrease the second floor by 188 square feet, provide a new roof deck, and remodel the façades of the existing two-story office building located at 1001 Hermosa Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 22, 2020, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The public hearing was originally scheduled for June 16, 2020, but due to an issue related to publishing the notice of the public hearing, the public hearing could not proceed on June 16, 2020. Rather than delay the hearing until the next regularly scheduled Planning Commission meeting, the Planning Commission adjourned the June 16, 2020 meeting to June 22, 2020 to allow for adequate notice. SECTION 3. Pursuant to the California Environmental Quality Act, the project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301, Class 1 Exemption of the CEQA Guidelines. Class 1 exemptions include modifications to existing structures that include no expansion of the existing building in areas where all public services and facilities are available to allow for maximum development permissible in the General Plan and it is not located within an environmentally sensitive area. The proposed project meets all of these criteria. Moreover, none of the exceptions to the Categorical Exemption apply; nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. 6 SUPPLEMENTAL INFORMATION 29 SECTION 4. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for the Precise Development Plan pursuant to the criteria in Hermosa Beach Municipal Code (HBMC) Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects; The adjoining property to the west is zone R-3 and is improved with a five-unit apartment building. Nevertheless, the existing building is multi-tenant office building and the proposed project will convert the use to a single -tenant office building. The 71 square foot addition on the first floor and the demolition of a portion of the second floor are located in an area that is on the east side of the building, opposite of the apartment building and will not create a new negative effect on the adjoining uses. In order to prevent the new roof deck from creating a negative effect, staff has recommended several conditions of approval, including limiting the uses to those that are incidental to the office use and preventing the roof deck from being rented out to for special events. 2. The amount of existing or proposed off-street parking in relation to actual need; The parking requirement for general office is one space for every 250 square feet of floor area. The existing building requires 27 parking spaces; whereas, eight parking spaces are provided, which was approved as part of a Parking Plan in 1994 and was also later deemed to be in compliance with parking based on an amendment to parking requirements that went into effect later in 1994 . The proposed project will reduce the size of the building, thus does not increase the parking requirement. The new roof deck does not increase parking demands because the outdoor use is incidental to the office use. Pursuant to HBMC Section 17.26.050(B)(3), “[w]here incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities.” Therefore, no additional parking spaces are required for the incidental outdoor use. 3. The combination of uses proposed, as they relate to compatibility; The project will convert the multi-tenant office building to a single-tenant office building. By only having a single tenant the building will operate under consistent business operation and hours, versus different offices having multiple operations and hours. Further, and as noted in Criteria 1, 2, 7 and 8, this approval will not result in other potential impacts. 4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area; The project will not impact traff ic volume or the capacity or safety of streets serving the area as the project is converting an existing multi-tenant office into a 30 single-tenant office. This change is not anticipated to increase traffic thus will not impact the capacity or safety of the streets. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; The building will be occupied by a single tenant, thus does not require Comprehensive Sign Program. All proposed signs will be reviewed under a separate permit to ensure compliance with applicable code sections. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools; Parking spaces are directly from 10th Street (facing a future motel) and 11th Court (facing a commercial parking lot), which is not being altered from the current location. The pedestrian access to building is oriented towards Hermosa Avenue, which will be maintained with the proposed remodel. 7. Noise, odor, dust and/or vibration that may be generated by the proposed use; Generally, office uses are low impact and generate minimal noise or odor. The majority of the noise, odor, and vibration impacts will be temporary and limited to the construction involved with the addition/remodel. 8. Impact of the proposed use to the city’s infrastructure, and/or services; The proposal will not change the use of the building, and as such, is not anticipated to create additional demand on the City’s infrastructure and/or services. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms; The project is categorically exempt from the California Environmental Quality Act. Thus, mitigation measures are not required due for the proposal project. However, conditions of approval have been included in this resolution to reduce potential impacts to those who live, work, and visit the area. 10. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. As noted in the above criteria, approval of the proposed project will not result in the creation of an impact to the surrounding uses and/or the City as a whole. The proposed architecture is consistent with the surrounding buildings. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the request for Precise Development Plan No. PDP 20-2 subject to the following Conditions of Approval: 1. The project shall be substantially consistent with the plans and application submitted and approved by the Planning Commission on June 22, 2020. The 31 Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval. Any substantial deviation, changes to the floor plan, site plan or building exterior shall be subject to review and approval by the Planning Commission. 2. All conditions of approval contained in P.C. Resolution No. 20-__, which approved Parking Plan Amendment No. PARK 20-2 shall be complied with at all times. 3. The roof deck and balcony shall be limited to incidental uses for the office use and shall be only utilized by employees of the office. The roof deck and balcony is not eligible for temporary event permits. Gatherings that involve amplified sounds or that create any significant noise impacts are not permitted. 4. Architectural treatments shall be as shown on building elevations, site and floor plans approved by the Planning Commission on June 22, 2020. 5. Building height, shall fully comply with the 30-foot height limit, with exception to elevator housing, which is permitted to have a maximum height of 36.13 feet. Precise building height compliance shall be reviewed at the time of Plan Check, to the satisfaction of the Community Development Director. 6. The project shall fully comply with all requirements of the C-2 (General Commercial) zone of the Municipal Code. 7. The plans and construction shall comply with all requirements of the HBMC Title 15 and the California Building Code as adopted by the City of Hermosa Beach. 8. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 9. The applicant shall either: 1) obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit; or, 2) provide a written determination from the California Coastal Commission staff that this project does not require a Coastal Development Permit. 32 10. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 11. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a) The form of the notification shall be provided by the Planning Division of the Community Development Department. b) Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. c) Project construction shall conform to the Noise Control Ordinance requirement in Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at the construction site. d) During construction traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 12. Project construction shall conform to the Noise Control Ordinance requirements in HBMC Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at construction site. 13. All exterior lighting shall be downcast and fully shielded, and illumination shall be contained within the property boundaries. New lighting shall be energy-conserving and motion detector lighting shall be used for all light. Lamp bulbs and images for new fixtures shall not be visible from within off- site residential unit. New exterior lighting shall not be deemed finally approve 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 impactful to nearby properties. 14. Tint, color glazing, or other permanent window covering that would prevent visibility is strictly prohibited. This shall not be interpreted to prohibit the use of window shades, blinds, curtains, and the such within the building. 15. The project and operations shall comply with all requirements of the City of Hermosa Beach Building Division, City of Hermosa Beach Public Works Department and Los Angeles County Fire Department, and the City of Hermosa Beach Municipal Code. 16. 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. 33 17. Prior to the submittal of 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. 18. Prior to the issuance of a Building Permit, the Applicant shall obtain an Encroachment Permit from the Public Works Department for the window awnings facing Hermosa Avenue. 19. Project construction shall protect private and public property in compliance with HBMC 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 Encroachment Permit. 20. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing pavement, sidewalk, curb and gutter improvements, on-site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the Municipal Code and Public Works specifications, shall be filed with the Community Development Department. 21. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 22. Except as provided in HBMC Section 12.08.020, any owner, lessee or agent or any other person or persons constructing or arranging for the construction of: (a) any commercial or industrial building or residential dwelling structure, or addition thereto, exceeding four hundred (400) square feet in floor area, or (b) any accessory building greater than fifty percent (50%) of the square footage of the existing main building, shall provide for the construction of Portland cement concrete curbs, gutters and sidewalks, street pavement between the gutter and center line of the street fronting the property, and pavement between the edge of pavement and center line of any alley adjoining the property, in accordance with the standard specifications of the City Engineer. 23. 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. 24. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid elevations must be submitted prior to grading and plan check. 34 25. 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, and submit at time of plan check along with an erosion control plan. 26. Where redevelopment results in an alteration to less than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must comply with the new development/redevelopment project performance criteria in the Municipal NPDES Permit, and not the entire development. 27. 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 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. 28. The Planning Commission may review this Precise Development Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood or to the public safety and welfare resulting from the subject use pursuant to the procedures for modification/revocation in the HBMC. 29. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Precise Development Plan and Parking Plan Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to implementing alcohol service. 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. 35 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: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 20-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its adjourned meeting of June 22, 2020. ______________________________ ______________________________ Peter Hoffman, Chair Ken Robertson, Secretary June 22, 2020 Date 36 P.C. RESOLUTION 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING PARKING PLAN AMENDMENT NO. PARK 20-2 TO ALLOW A REDUCTION OF PARKING FROM EIGHT SPACES TO SEVEN FOR AN EXISTING OFFICE BUILDING LOCATED AT 1001 HERMOSA AVENUE, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Tomaro Architecture (hereinafter ‘Applicant’), requesting approval of Precise Development Plan No. PDP 20-2 and Parking Plan Amendment No. PARK 20-2 to allow to convert a multi-tenant office building into a single-tenant office building, increase the first floor by 71 square feet, decrease the second floor by 188 square feet, provide a new roof deck, and remodel the façades of the existing two-story office building located at 1001 Hermosa Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 22, 2020, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The public hearing was originally scheduled for June 16, 2020, but due to an issue related to publishing the notice of the public hearing, the public hearing could not proceed on June 16, 2020. Rather than delay the hearing until the next regularly scheduled Planning Commission meeting, the Planning Commission adjourned the June 16, 2020 meeting to June 22, 2020 to allow for adequate notice. SECTION 3. Pursuant to the California Environmental Quality Act, the project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301, Class 1 Exemption of the CEQA Guidelines. Class 1 exemptions include modifications to existing structures that include no expansion of the existing building in areas where all public services and facilities are available to allow for maximum development permissible in the General Plan and it is not located within an environmentally sensitive area. The proposed project meets all of these criteria. Moreover, none of the exceptions to the Categorical Exemption apply; nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not c ause a substantial adverse change in the significance of a historical resource. 37 SECTION 4. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for the Parking Plan Amendment pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.44.210: 1. Hermosa Beach Municipal Code Section 17.44.210 allows the Planning Commission to consider a variety of factors when approving a reduction in parking. This can include the use of common parking facilities and unique features of the use. The proposed reduction of one parking space is needed to allow the property to be brought into compliance for ADA parking. The area currently occupied by the lost parking space will be utilized for a loadi ng and path of travel for a code compliant ADA parking space. The site less than 200 feet from a public parking lot (Parking Lot A). Additionally, the proposal reduces the multi-tenant office building to a single tenant use. The current tenant mix includes a wide variety of medical uses, that can generate significant parking demand. Instead, the proposed use will be a corporate office, with few customers visiting the site. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the request for Parking Plan Amendment No. PARK 20-2subject to the following Conditions of Approval: 1. The project shall be substantially consistent with the plans and application submitted and approved by the Planning Commission on June 22, 2020. 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. Any substantial deviation, changes to the floor plan, site plan or building exterior shall be subject to review and approval by the Planning Commission. 2. The project shall fully comply with all requirements of the C-2 (General Commercial) zone of the Municipal Code. 3. The applicant shall either: 1) obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit; or, 2) provide a written determination from the California Coastal Commission staff that this project does not require a Coastal Development Permit. 4. The property shall provide and maintain seven (7) parking spaces at all times. Parking shall not be assigned and be available to customers and employees on a first come first available basis. 5. Prior to the issuance of building permits the applicant shall record a covenant guaranteeing seven (7) parking spaces will be maintained and limiting the uses of the site to professional office. 38 6. 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 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. 7. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Precise Development Plan and Parking Plan Amendment shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to implementing alcohol service. prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action , the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the 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. 39 VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 20-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its adjourned meeting of June 22, 2020. ______________________________ ______________________________ Peter Hoffman, Chair Ken Robertson, Secretary June 22, 2020 Date 40 Zoning Map Aerial Map Subject Site Subject Site 41 42 43 ASME A17.1-2007/CSA B44-07 with the car, including a plunger-follower guide, if pro- vided, shall strike any part of the pit or any equipment mounted therein. 3.4.1.6 Where the vertical clearance outside the refuge space is less than 600 mm (24 in.), that area shall be clearly marked on the pit floor. Markings shall not be required in the area under the apron and guiding means. The marking shall consist of alternating 100 mm (4 in.) diagonal red and white stripes. In addition, a sign with the words “DANGER LOW CLEARANCE” shall be prominently posted on the hoistway enclosure and shall be visible from within the pit and at the entrance to the pit. The sign shall conform to ANSI Z535.2 or CAN/CSA-Z321,whichever is applicable (see Part 9). The sign shall be of such material and construction that the letters and figures stamped, etched, cast, or other- wise applied to the faceremain permanently and readily legible. 3.4.2 Minimum Bottom and Top Car Runby 3.4.2.1 Bottom Car Runby.The bottom car runby shall be (a)not less than 75 mm (3 in.) for operating speed(s) in the down direction up to 0.50 m/s (100 ft/min) (b)increased from 75 mm (3 in.) to 150 mm (6 in.) in proportion to the increase in operating speed(s) in the down direction from 0.50 m/s (100 ft/min) to 1 m/s (200 ft/min) (c)a minimum of 150 mm (6 in.) for operating speed(s) in the down direction exceeding 1 m/s (200 ft/min) 3.4.2.2 Car Top Minimum Runby.The top runby of the car shall be (a)not less than 75 mm (3 in.) for rated speeds up to 0.50 m/s (100 ft/min) (b)increased from 75 mm (3 in.) to 150 mm (6 in.) in proportion to the increase in rated speed from 0.50 m/s (100 ft/min) to 1 m/s (200 ft/min) (c)a minimum of 150 mm (6 in.) for rated speeds exceeding 1 m/s (200 ft/min) 3.4.3 Car Top and Bottom Maximum Runby Neither the top nor the bottom runby of the car shall be more than 600 mm (24 in.). 3.4.4 Top Car Clearance The top car clearance shall be not less than the sum of the following two items (see Nonmandatory Appen- dix G): (a)the top car runby (b)the height of the refuge space on top of the car (see 3.4.7) or the clearance required for equipment projecting above the car top or crosshead (see 3.4.5), whichever is greater 121 3.4.5 Equipment Projecting Above the Car Top Whenthecarreachesitsmaximumupwardmovement (a)all equipment attached to and projecting above the car top, other than equipment mentioned in 3.4.5(b) shall be at least 150 mm (6 in.) from striking any part of the overhead structure or any equipment located in the hoistway (b)guide-shoe assemblies or gate posts for vertically sliding gates shall not strike any part of the overhead structure (c)thecarcrossheadshallhaveaminimumof300mm (12 in.) vertical clearance to the horizontal plane described by the lowest point of the overhead structure (see 1.3) 3.4.6 Top Clearance and Bottom Runby of Counterweight Where a counterweight is provided, the top clearance and the bottom runby of the counterweight shall con- form to 3.4.6.1 and 3.4.6.2. 3.4.6.1 Top Clearance.The top clearance shall be not less than the sum of the following: (a)the bottom car runby (b)the stroke of the car buffers used (c)150 mm (6 in.) 3.4.6.2 Bottom Runby.The bottom runby shall be not less than the sum of the following: (a)the distance the car can travel above its top termi- nal landing until the plunger strikes its mechanical stop (b)150 mm (6 in.) The minimum runby specified shall not be reduced by rope stretch (see 3.22.2 prohibiting counterweight buffers). 3.4.7 Refuge Space on Top of Car Enclosure An unobstructed horizontal area of not less than 0.51 m 2 (5.49 ft 2) shall be provided on top of the car enclosure for refuge space. It shall measure not less than 600 mm (24 in.) on any side. The area shall be permitted to include the space utilized for top emergency exit [see 2.14.1.5.1(f)].The minimum vertical distance in the refuge area between the top of the car enclosure and the horizontal plane described by the lowest point of the overhead structure or other obstruction shall be not less than 1 100 mm (43 in.) when the car has reached its maximum upward movement. 3.4.8 Vertical Clearances With Underslung Car Frames Whereanunderslungcarframeisused,theclearances between the overhead car rope dead-end hitch, or over- head car sheave, and the portions of the car structure verticallybelowthem,whenthecarfloorislevelwiththe topterminallanding,shallbenotlessthanthefollowing: 44 45 46 47 48 49 51 52 53 54 55 56 57 58 60 62 64 65 66 67 From: noreply@granicusideas.com [mailto:noreply@granicusideas.com] Sent: Thursday, June 18, 2020 7:11 PM To: DG_PlanningCommission <DG_PlanningCommission@hermosabeach.gov> Subject: New eComment for Planning Commission Virtual Adjourned Meeting New eComment for Planning Commission Virtual Adjourned Meeting David Grethen submitted a new eComment. Meeting: Planning Commission Virtual Adjourned Meeting Item: 6. REPORT 20-0368 Precise Development Plan (PDP20-2) and Parking Plan Amendment (PARK20-2), a request to: 1) reduce the overall building size from 6,849 square feet to 6,732 square feet (71 square feet will be added to first floor and 188 square feet will be removed from second floor), 2) remodel the entire building to convert from a multi-tenant building to a single- tenant, 3) add a new 2,212 square foot roof deck, 4) remodel all of the façades of the office building, 5) amend a previously approved Parking Plan (PARK94-5) to reduce the on-site parking from eight to seven spaces in order to accommodate an ADA parking space, on property located at 1001 Hermosa Avenue; and determine that the project is categorically exempt from the California Environmental Quality Act. eComment: When considering the Parking Plan Amendment and PDP Criterion #2 for 1001 Hermosa Ave in Agenda Item 6, it seems noteworthy that the revised parking configuration, reducing the number of on-site spaces from 8 to 7, still satisfies the on-site minimum of 25% of the total 27 space requirement, thus being in compliance with HBMC Section 17.44.040 (E) 2.b for buildings that exceed a 1:1 gross floor area to building site area ratio, as seems to be the case here, with the remaining spaces provided “in lieu”. 6 SUPPLEMENTAL INFORMATION 69 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 22, 2020 To: Honorable Chairman and Members of the Hermosa Beach Planning Commission From: David Blumenthal, AICP, Senior Planner Subject: Public Hearing Item 6, Precise Development Plan (PDP20-2) and Parking Plan Amendment (PARK20-2), a request to: 1) reduce the overall building size from 6,849 square feet to 6,732 square feet (71 square feet will be added to first floor and 188 square feet will be removed from second floor), 2) remodel the entire building to convert from a multi-tenant building to a single- tenant, 3) add a new 2,212 square foot roof deck, 4) remodel all of the façades of the office building, 5) amend a previously approved Parking Plan (PARK94-5) to reduce the on-site parking from eight to seven spaces in order to accommodate an ADA parking space, on property located at 1001Hermosa Avenue- Supplemental Letter Responding to Commissioner Questions The City received several relevant inquiries from Planning Commissioners on on the above referenced application and below is the City’s response to those questions. 1. Can you please add Supplemental 10 from our May meeting on this item? It is an email dated 5/15/20 from Jessica Farinacci/Tomaro stating that the owners agree to keep the mural and includes an image that includes the mural. Supplemental 10 from May PC meeting added agreeing to preserve mural. 2. Since we are now considering the PDP and a revision to the existing Parking Plan, can you please update the staff report to include the information on existing/proposed parking? It is not included in the Background on page 1 of the staff report. While the published staff report cannot be updated, this supplement can clarify that the site currently has eight parking spaces. If approved, this proposal will reduce the number of on-site parking spaces to seven. 3. The staff report indicates that the existing building requires 27 parking spaces, and currently 8 are provided onsite. Yet in the attached Parking Plan 94-5, the required parking is to maintain the 8 spaces on site with 14 in lieu spaces to be satisfied. Since this calculation totals 22 parking spaces, can you 70 elaborate the 5 space differential? Can you advise on if/when the in lieu funds were paid to the City for the 14 in lieu spaces? The 27 space parking requirement is based on current code requirements. When approved in 1994, 22 parking spaces were required. The payment of the 14 in lieu spaces as noted (condition no. 6 of the Parking Plan Resolution) was predicated on the current codes at the time of the decision on the Parking Plan (September 1994), and the in-lieu fee condition in subsection (A) reflected that in-lieu fees could be reduced or not be required if the City adopted an ordinance, certified by the Coastal Commission to reduce parking requirements in the Downtown District. What’s not clearly reflected in that resolution, is that the City was anticipating code changes to reduce parking requirements in downtown, but was not certain that it would be approved by the Coastal Commission. In-lieu fees were ultimately not required, because in October/November 1994, the code was indeed changed and was approved by the Coastal Commission, to base parking requirements only on the amount of parking required above a 1:1 Floor Area Ratio. Therefore, the 8 on-site spaces turned out to be sufficient to meet the requirement at the time for the approximate 1,800 square feet of floor area in excess of the lot area. 4. Since the proposed project has 7 parking spaces proposed, can you advise why there is no mention or discussion of an in lieu fee for this reduction of 1 space onsite? Since this loss of a parking space is to part of a requirement to bring the ADA parking up to date, and the City does not typically require replacement of lost parking for ADA upgrades, we also would not require payment of an in -lieu fee for this reduction in parking to comply with State and Federal laws. 5. Finally, we traditionally have 2 resolutions on projects with a PDP and Parking Plan amendment (one for each). Why do we have just one resolution that incorporates both? Acknowledging that it is referred to in Section 5 (9) and (10) of the resolution before us, I am not sure how the existing Parking Plan 94-5 be will amended since we are not presented with an updated version. Doesn't it still exist unless we actually update it as a separate resolution? The draft resolution for the PDP and Parking Plan has been separated into two resolutions (attached) to make the appeal process easier to understand. Respectfully Submitted by: David Blumenthal, AICP, Senior Planner 71 Attachments: 1. Supplemental 10 from May PC meeting to preserve mural 2. Draft PDP Resolution of Approval 3. Draft Parking Plan Resolution of Approval 72 From: Jessica Farinacci [mailto:jessicaf@tomaro.com] Sent: Friday, May 15, 2020 1:41 PM To: David Blumenthal <dblumenthal@hermosabeach.gov> Subject: Mural Hi David, In working with the owners they have agreed it will be best to keep the mural. I am not sure if you have 3d images in your presentation but please see attached revised images that show the mural staying. Also, this is down the road and they just want to know what their options are. When the covenant expires are they able to take down the mural and put up their own art. Does that need to be permitted like a sign would need to be permitted? 10 Supplemental Information 73 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0370 Honorable Chair and Members of the Hermosa Beach Planning Commission Adjourned Meeting of June 22, 2020 Precise Development Plan PDP 20-3 and Parking Plan PARK 20-1 request for conversion of an 11 unit non- conforming apartment building into a 9 unit hotel, including removal of 2 ground floor units and provision of 2 new parking spaces and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Sandra Franco 4535 Artesia Boulevard Lawndale, CA 90260 Recommended Action: Adopt the attached resolutions approving Precise Development Plan 20-3 and Parking Plan 20-1 to allow an existing 11-unit apartment building to be converted to a 9-unit hotel with 2 new parking spaces in the C-2 (Restricted Commercial) zoning district at 66 11th Street; and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: ZONING:Restricted Commercial (C-2), Downtown District GENERAL PLAN:Recreational Commercial USES EXISTING/PROPOSED:11-unit apartment /9-unit hotel LOT SIZE:2,912.75 sq. ft. TOTAL GROSS FLOOR AREA:3,047 sq. ft., including 117 sq. ft. of new area (Reduction from existing 3,527 sq. ft.) PARKING SPACES: REQUIRED:9 parking spaces PROPOSED:2 on-site parking spaces (fees paid in lieu of 7 spaces) ENVIRONMENTAL DETERMINATION:Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). The subject site at 66 11th Street includes an existing multi-family residential structure constructed in 1911 and is located within the Downtown District, south of Pier Plaza, midblock between Beach Drive and Hermosa Avenue on 11th Street. The site is located within the Restricted Commercial (C-2) City of Hermosa Beach Printed on 2/20/2024Page 1 of 10 powered by Legistar™74 Staff Report REPORT 20-0370 zoning district with a Recreational Commercial General Plan land use designation. The 2,912.75 sq. ft. lot currently includes a 3,527 sq. ft. two-story 11-unit apartment building with no onsite parking. The existing apartment building is located within the C-2 zoning district, and as such, is a legal nonconforming use. City Parking Lot B is located to the north directly (across 11th Street) within the C -2 zoning district, a mixture of commercial and non-conforming residential uses are located to the west on 11th Street and commercial uses are located to the east (adjacent on 11th Street and across Hermosa Avenue) within the C-2 zoning district, and residential uses are located (across the alley known as 11th Court) within in the R-3 Multiple Family Residential zoning district south of the subject site. Commercial uses in the vicinity consist of general and medical office, retail, restaurant, and hotel uses. The proposed project is a conversion of the existing 11-unit apartment building into a 9-unit hotel with 2 lower units to be converted to 2 parking spaces, reducing the enclosed area by 480 sq. ft. to 3,047 sq. ft. with a new 1,201 sq. ft. roof deck and minor new enclosed areas including a convenience vending area and 1st floor ADA restroom accessible from the shared patio. The project will modify the existing 3,527 2-story building first floor to remove 2 small apartment units and convert the 654 square feet space into 2 open parking spaces facing the alley , add a 42 square feet ADA restroom to the 1st floor and enclose a, 75 square feet convenience vending area on the 2nd floor, thus reducing the building square footage to 3,047 new square footage and Parking Plan 20-1 to allow the 9-space parking requirement to be met with 2 on-site spaces (including 1 ADA space) plus fees in lieu for 7 spaces, on a 2,912.75 square foot lot in the C-2 (Restricted Commercial) zoning district at 66 11th Street; and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). The applicant intends to sell alcohol through in-room locked cabinets, which is not a subject of this application nor within the jurisdiction of the Planning Commission. Analysis: Precise Development Plan The purpose of the C-2 zone is to provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown; a resident and visitor serving pedestrian-oriented shopping/ entertainment district. Hotels are a permitted use and do not require a Conditional Use Permit in the C-2 zone. As specified in the Hermosa Beach Municipal Code (HBMC) Section 17.58, the purpose and intent of requiring a Precise Development Plan (PDP) review for development projects is to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives, and to protect existing and potential developments, and uses on adjacent and surrounding property. On a case-by-case basis, the Planning Commission may impose standards above the minimums designated by the HBMC to improve the quality of development and to mitigate any environmental impacts. HBMC Section 17.26.050 provides standards and limitations for development within the C-2 zone. In considering a PDP for any development, the following criteria for granting or conditionally granting said permit shall be considered: City of Hermosa Beach Printed on 2/20/2024Page 2 of 10 powered by Legistar™75 Staff Report REPORT 20-0370 1. Distance from existing residential uses in relation to negative effects:Residential units are located approximately 35 feet south of the subject property across the 11th Court alley and a non- conforming single family residence 45 feet to the west, separated by a small office building at 46 11 th Street. The existing building is located at the subject property’s north, south and west property lines, and the front portion of the east property line, with the rear portion of the property 44-feet maintaining a 4-foot side setback plus open patio area in center of property. The existing building will maintain the hotel guest entrance/exit located at the center of the front of the building (11 th Street frontage) which is oriented away from nearby residential uses, and vehicular access and garage entrance is provided from the 11th Court alley; across from residential buildings. Hotels are permitted by right within the C-2 zone. Pursuant to HBMC Section 8.24.040, the City’s Noise Ordinance restricts commercial activities that are plainly audible from a residential dwelling unit’s property line from 10:00 p.m. to 8:00 a.m. daily, which is included as a condition of approval. 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). Alcohol will be limited to indoors (in room only) and will be prohibited on the roof deck. The existing 1911 apartment structure is proposed to be adaptively re-used as a hotel with 9 units and 2new parking spaces .The majority of the hotel use will be conducted indoors, with the exception of an open ground-floor patio area on the central portion of the building, small 20-30 sq. ft. patio and unit deck areas for the hotel rooms, and a new roof deck. The interior of the structure is being converted from 11 apartment units with 11 bedrooms to 9 bedrooms in 9 hotel units, a new enclosed ADA restroom 42 sq. ft. on the 1st floor accessible from the common patio, and a new convenience vending machine area of 75 sq. ft. on the 2nd floor. The added 1,201 sq. ft. roof deck above the 2nd floor will be a shared amenity, which will be required to close at 10:00 p.m. daily as a condition of approval. The hotel units will be "smart units" where the renters will be able to access information, pay online, and access the unit by a unique code number. Local management will be available 24- hours to assist guests and respond to guest or neighbor concerns. Therefore, negative impacts to existing residential uses are not anticipated. 2. The amount of existing or proposed off-street parking in relation to actual need: A comparison of the parking requirements for the existing and proposed uses is shown in the below table. Parking Requirements for Existing and Proposed Parking HBMC 17.44.030 Required Parking Spaces by Use Number Required Number Provided Deficit EXISTING 11 Apartments 28 0 28 PROPOSED 9 Room Hotel 9 2 7 As illustrated above, HBMC 17.44.030 would require the existing 11-unit apartment building to provide 28 spaces; the property currently provides no parking. The proposed change in use to a 9- unit hotel with 2 on-site parking spaces greatly reduces the parking deficit from 28 to 7 spaces, which are proposed to be satisfied with an in-lieu parking fee payment. Therefore, the new hotel use will City of Hermosa Beach Printed on 2/20/2024Page 3 of 10 powered by Legistar™76 Staff Report REPORT 20-0370 reduce parking demand significantly and will also provide in-lieu fees for the 7 space deficit, bringing the property and building into conformity for parking. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.06, therefore, a minimum of 2 parking spaces (25% of 9 spaces) must be provided on-site. A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces (including 1 ADA space) plus fees in lieu for 7 spaces. HBMC Section 17.44.180 states when calculating parking spaces, any resulting fraction less than one-half shall be disregarded, in this case (9 x .25 = 2.25) 2 spaces will be required on-site. Additionally, a bicycle rack accommodating four bicycles will be required as a condition of approval as recommended by the attached Parking and Traffic Study. The purpose of the in-lieu fee program is to collect funds which can be used to for future improvements to the City’s public parking. A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces plus fees in lieu for 7 spaces. To provide some context in considering the request for approval of 7 in-lieu spaces, the current inventory of all City-approved in- lieu parking spaces is attached. Hotel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located immediately across 11th Street (50 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13 th Court; between Hermosa Avenue and Beach Drive, and is approximately one and a half blocks (500 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately two blocks (650 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. A Parking and Traffic Study, prepared by the City’s consultant Interwest for this project is attached. 3. The combination of uses proposed, as they relate to compatibility:The subject site will contain a total of 9 hotel units with 2 on-site parking spaces. Hotels are permitted by right within the C -2 zone, as they are seen as a low impact use, and all noise from the hotel use operations will be contained within the fully enclosed building and the new roof deck will be required to close at 10:00 p.m. daily. The on-site hotel use is consistent with the surrounding mixture of non-conforming residential uses, commercial uses such as general and medical office, hotels, retail and restaurant uses. Therefore, adverse impacts are not anticipated. 4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area:The project will not introduce any hazards to mobility, as alterations to the surrounding streets are not proposed and the project’s proposed modifications will not impact City of Hermosa Beach Printed on 2/20/2024Page 4 of 10 powered by Legistar™77 Staff Report REPORT 20-0370 emergency access to the site. Emergency access and fire lanes and ingress and egress points will be maintained in full compliance with the Building and Safety Code and Fire Code. The project does not propose any features or modifications to existing circulation facilities that would have the potential to conflict with transportation/mobility plans. The total number of daily trips is significantly reduced from the existing 11-unit apartment use (66 trips) to the proposed hotel use (30 trips), a reduction of 55%. Peak hour trips generated by the proposed project are expected to be reduced from 6 peak trips to 3 peak trips during a.m. and p.m., a reduction of 50%. The number of trips is well below the standard threshold of significance of 50 trips during a peak hour, indicating the project does not have the potential to result in significant impacts related to the capacity of local or regional roads or intersections. Therefore, adverse impacts are not anticipated. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area:The new commercial building will face 11th Street, which is comprised of a variety of commercial and non-conforming residential uses. Architectural treatments and design elements include wood and stone elements at the front, painted lap siding at the rear, glass deck railing, and covered and recessed walkways and balconies to provide a modern, pedestrian friendly streetscape that is compatible in size and architectural style with the surrounding area. The existing architectural elements above the roof line will be removed. The application request includes a proposed atrium glass enclosure on the roof deck that will be within the 30-foot height limit. A small wall sign is shown on the renderings, as well as, the required small sign for the ADA parking space. The project includes a condition requiring a sign permit for new signage at the subject site in conformance with HBMC Section 17.50. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools:The existing building will maintain the hotel guest entrance/exit located at the center of the front of the building (11th Street frontage) which is oriented away from nearby residential uses. The project will provide a new vehicular access point to the parking along the south alley (11 th Court). The vehicular ingress/egress point is oriented to the south, across from garages for existing residential buildings, where it is least impactful to nearby residences. No new curb cuts are proposed and all on- street parking spaces will be preserved. No impacts are anticipated. 7. Noise, odor, dust and/or vibration that may be generated by the proposed use:The short duration of noise events generated during the anticipated 6-12 month construction period will temporarily result in increased ambient noise levels, but will not significantly impact the ambient noise environment over the long term or for a significant period of time. Compliance with the City’s Noise Ordinance will effectively ensure that the project does not exceed adopted standards and successfully avoids significant construction-related temporary noise impacts. Hotels are permitted by right within the C-2 zone, and all noise from the hotel use operation will be contained within the fully enclosed building, with the exception of the small 20-30 sq. ft. ground-floor patios and decks and the new shared roof deck. The roof deck is required to close by 10:00 p.m. daily through a condition of approval. Commercial properties, a restaurant use to the east and an office use to the west, are immediately adjacent on each side of the subject property. The hotel units will be "smart units" where guests will be able to access information, pay online and enter the unit using a unique code. As such, significant noise impacts from the long-term operations are not anticipated. HBMC Section 8.12 requires adequate solid waste collection and disposal facilities for all City of Hermosa Beach Printed on 2/20/2024Page 5 of 10 powered by Legistar™78 Staff Report REPORT 20-0370 developments. A minimum 4 cubic yard roll off container is needed for the 9-unit hotel use. A fully enclosed trash enclosure with a roof is proposed along the east side of the existing structure where the container can be rolled to the edge of the property along the 11th Court alley. Therefore, with the various conditions of approval, adverse impacts are not anticipated. 8. Impact of the proposed use to the city’s infrastructure, and/or services: The existing site has available utilities and services. The site has historically been occupied by a residential use. The City’s Public Works Department has confirmed that that adequate capacity exists to provide utilities for the proposed development. 9.Adequacy of mitigation measures to minimize environmental impacts in quantitative terms. The existing buildings will remain,with only necessary changes to convert the use from 11 apartment units to a 9 room hotel,which includes conversion of 2 small apartment units into an open parking area for 2 parking spaces (1 ADA and 1 regular),addition of a new ADA restroom available to the 1st floor central patio,and enclosure of a vending machine area for toiletries snacks,soda and water. California Environmental Quality Act Section 15301 (Existing Facilities)[Class 1 consists of the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing public or private structures,facilities,mechanical equipment,or topographical features,involving negligible or no expansion of existing or former use];and 15322 (In-Fill Development [Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a)The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b)The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c)The project site has no value,as habitat for endangered,rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic,noise,air quality,or water quality.(e) The site can be adequately served by all required utilities and public services]. 10. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole.The project is conditioned such that upon final approval of the Precise Development Plan the property owner shall be required to file with the City of Hermosa Beach the necessary business license for the hotel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. Additionally, the project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15). The California Building Codes and Green and Energy Codes require installation of building insulation, energy windows, occupancy/vacancy sensors on outlets and light fixtures, motion sensor light fixtures within stairways, energy efficient light fixtures (LED or florescent) throughout the interior and exterior and require compliance with mandatory star rated energy efficient mechanical systems, appliances, and electronics such as televisions to ensure no wasteful, inefficient, or unnecessary energy consumption. Therefore, the project will not result in wasteful, inefficient or unnecessary consumption of energy. City of Hermosa Beach Printed on 2/20/2024Page 6 of 10 powered by Legistar™79 Staff Report REPORT 20-0370 Parking Plan HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required through payment of parking spaces in-lieu of providing the spaces on-site. The City, through an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), has an approved parking in-lieu fee program. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on-site. The fee was established by resolution of the City Council and was based on an appraisal completed in July 2006. The in-lieu funds are used to mitigate increased parking demand. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. Currently 68 in-lieu parking spaces have been approved by the City to date. If the applicant’s request to purchase 7 in-lieu spaces is approved, the City’s inventory of available in-lieu spaces will be reduced to 25. Once the City reaches the 100 space threshold additional parking must be constructed or, no additional in-lieu parking may be authorized. The current inventory of approved parking in-lieu spaces is attached. Hotels require 1 space for each unit. The proposed project will consist of 9 hotel units which requires a total of 9 parking spaces, 2 of which are proposed to be provided on-site. A comparison of the parking requirements is illustrated in the below table. Parking Requirements for Existing and Proposed Parking HBMC 17.44.030 Required Parking Spaces by Use Number Required Number Provided Deficit EXISTING 11 Apartments 28 0 28 PROPOSED 9 Room Hotel 9 2 7 As illustrated above, the existing 11-unit apartment building would require 28 spaces by HBMC 17.44.030 and currently provides no parking. The proposed change in use to a 9-unit hotel with 2 on- site parking spaces greatly reduces the parking deficit from 28 to 7 spaces, which are proposed to be satisfied with an in-lieu fee payment of $28,900 per space, for a total fee of $202,300. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The floor area ratio (FAR) on this project is 1.06.A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces (including 1 ADA space) plus fees in lieu for 7 spaces. HBMC Section 17.44.180 states when calculating parking spaces, any resulting fraction less than one-half shall be disregarded, in this case the 25 percent or 2.25 spaces will be City of Hermosa Beach Printed on 2/20/2024Page 7 of 10 powered by Legistar™80 Staff Report REPORT 20-0370 counted as 2 spaces. Hotel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located directly across 11th Street (50 feet) at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two blocks (500 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (650 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. With the provision of an additional two parking spaces and reduction of intensity from 11 apartment units to 9 hotel units, the requirement to pay in-lieu parking fees to be used for area parking improvements for the remaining 7-space deficit, and the Parking and Traffic Study clearly showing a reduced-demand for parking and reduced number of daily trips, including during peak hours, proposed parking should be sufficient to satisfy parking demand during peak periods. Alternative transportation options for hotel occupants which are expected to provide parking relief, include ride sharing services (Uber, Lyft, Taxis), bus lines 130 and 109 which have stops along Hermosa Avenue, and bicycles. The Parking Analysis conducted for the proposed Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20, 30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel (containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a large portion of hotel guests may arrive via Uber, Lyft or Taxis. A link to the City’s Downtown Rideshare Zones is attached and contains additional information. The attached Parking and Traffic Study used the ITE trip generation for hotel uses and reduced the amount by 33% as a conservative anticipation of alternative transportation for the proposed project. Environmental Determination: California Environmental Quality Act Section 15301 (Existing Facilities) [Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use]; and 15322 (In-Fill Development [Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services]. General Plan Consistency: The site is located within the Recreational Commercial (RC) General Plan land use area and the City of Hermosa Beach Printed on 2/20/2024Page 8 of 10 powered by Legistar™81 Staff Report REPORT 20-0370 purpose is to offer a wide variety of recreational and coastal-related services to both visitors and residents. The Recreational Commercial designation is the primary cultural and entertainment center for the community with events, activities, and social gatherings often occurring here. Adjacency to the beach gives this designation the unique opportunity to provide a shopping and dining experience that attracts residents and visitors alike, capturing a large portion of the City’s economic activity generated by visitors. Coastal-related uses and visitor accommodations are the primary uses allowed within the Recreational Commercial designation. Restaurants, snack shops, entertainment, lodging, retail, beach rentals and other similar uses are prioritized within this designation and allowed on ground or upper floors. Office and personal service uses are allowed within this designation, provided they are located on upper floors. The appropriate intensity range is between a Floor Area Ratio of 1.0 - 1.75. The proposed project has a Floor Area Ratio of 1.06. The site is also located within the Downtown District Character Area where the types of uses are to provide services and activities associated with the local beach culture to residents as well as visitors to the city. The mix of community and recreational uses are to serve a functional role in meeting the daily needs and activities of residents and visitors, and accommodate coastal-related recreation and commercial uses which serve the year-round needs of residents and visitors and are attractive and compatible with adjacent residential neighborhoods and commercial districts. The intent of the Downtown District is to enhance the building form and orientation while specifically transforming the realm on Hermosa Avenue. Any new buildings should pay close attention to and contribute to the high quality pedestrian environment provided throughout Downtown. First floor street front businesses should include sales tax-generating commercial uses to promote lively pedestrian activity on Downtown streets. Development along Hermosa Avenue should conform to recommendations of the Downtown Revitalization Strategy to realize a town-scale Main Street environment that supports pedestrian activity and local serving commerce. Many of the unique buildings, streetscape features, and public spaces are iconic or historic in nature, and new buildings should be carefully integrated to retain the town’s eclectic charm. In addition, buildings should be two to three stories in height, cover most or all of the parcel, and may abut neighboring structures. Development should enhance the area’s role as a visitor destination by facilitating the development of boutique hotels (and motels) that provide specific benefits to the community. Once Downtown, walking and bicycling are the primary means for traveling around Downtown while vehicles are accommodated through consolidated parking lots and metered street parking. Downtown parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. The project is consistent with the goals and the following policies of the General Plan: Land Use policies 1.5 (balance resident and visitor needs), 1.6 (scale and context), 1.7 (compatibility of uses), 1.9 (retain commercial land area),1.10 (transition between uses), 3.1 (unique districts), 5.1 (scale and massing), 5.2 (high quality materials), 5.5 (preservation and adaptive reuse), 5.6 (eclectic and diverse architecture), 6.6 (human scale buildings), 6.7 (pedestrian oriented design), 6.8 (balance pedestrian and vehicular circulation), 8.3 (land use regulations), 8.5 (new accommodations), 10.5 (adaptive reuse and sustainable development), Mobility Policies 3.3 (active transportation), 4.3 (reduce impacts), 4.5 (sufficient bicycle parking), 4.6 (priority parking), 4.8 (ensure commercial parking) and 8.4 (utilize alleys). City of Hermosa Beach Printed on 2/20/2024Page 9 of 10 powered by Legistar™82 Staff Report REPORT 20-0370 The proposed commercial building, containing 9 hotel units with an open two-car parking area and total Floor Area Ratio of 1.06 is an appropriate land use within the Recreational Commercial General Plan land use area and Downtown District and will eliminate a non-conforming residential use to conform with the zoning and PLAN Hermosa General Plan, and provide overnight accommodations for visitors. The project is pedestrian-oriented with four of the nine hotel units provided on the ground floor level The remodeled building will be two stories in height with a roof deck. Required parking is provided through a mixture of 2 new on-site spaces facing the 11th Court alley, with 7 spaces to be paid in lieu. The project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15). Therefore, the project is consistent with the City’s long-term vision provided in the General Plan and the project allows the City to meet its goals. SUMMARY Based on the analysis above, staff finds that the proposed Precise Development Plan 20-3 and Parking Plan 20-1, as conditioned, are consistent with applicable sections of the Hermosa Beach Municipal Code and PLAN Hermosa General Plan, and that the project is categorically exempt from the California Environmental Quality Act (CEQA). Attachments: 1.Draft Resolution of Approval for Proposed Precise Development Plan 2.Draft Resolution of Approval for Proposed Parking Plan 3.Current Inventory of City Approved In Lieu Parking 4.Project Plans and Site Photos 5.Business Narrative 6.Business Management Plan to Minimize Neighborhood Impacts 7.Parking and Traffic Study 8.Link to City’s Downtown Rideshare Zones https://www.hermosabeach.gov/Home/Components/News/News/1346/28?arch=1&npage=6 9.Zoning Map 10.Public Notification 500 Foot Radius Map 11.Public Notification Legal Posters Respectfully Submitted by: Christy Teague, Senior Planner Concur: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 10 of 10 powered by Legistar™83 P.C. RESOLUTION 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO ALLOW CONVERSION OF AN 11-UNIT NON-CONFORMING APARTMENT BUILDING INTO A 9- UNIT HOTEL, INCLUDING REMOVAL OF 2 GROUND FLOOR UNITS AND PROVISION OF 2 NEW PARKING SPACES IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 66 11TH STREET AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on March 23, 2020, requesting approval of Precise Development Plan 20-3 to allow conversion of an 11 unit non-conforming apartment building into a 9 unit hotel, including removal of 2 ground floor units and provision of 2 new parking spaces and a Parking Plan 20-1 to allow the 9-space parking requirement to be met with 2 on-site spaces plus fees in lieu for 7 spaces, on a 2,912.75 square foot lot in the C-2 (Restricted Commercial) zoning district at 66 11th Street; and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 22, 2020 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The public hearing was originally scheduled for June 16, 2020, but due to an issue related to publishing the notice of the public hearing, the public hearing could not proceed on June 16, 2020. Rather than delay the hearing until the next regularly scheduled Planning Commission meeting, the Planning Commission adjourned the June 16, 2020 meeting to June 22, 2020 to allow for adequate notice. Section 3. California Environmental Quality Act Section 15301 (Existing Facilities) [Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use]; and 15322 (In -Fill Development [Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services]. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for the Precise Development Plan pursuant to H.B.M.C. Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects: Residential units are located approximately 35 feet south of the subject property across the 11th Court alley and a non-conforming single family residence 45 feet to the west, separated by a small office building at 46 11th Street. The 84 existing building is located at the subject property’s north, south and west property lines, and the front portion of the east property line, with the rear portion of the property 44-feet maintaining a 4-foot side setback plus open patio area in center of property. The existing building will maintain the hotel guest entrance/exit located at the center of the front of the building (11th Street frontage) which is oriented away from nearby residential uses, and vehicular access and garage en trance is provided from the 11th Court alley; across from residential buildings. Hotels are permitted by right within the C -2 zone. Pursuant to HBMC Section 8.24.040, the City’s Noise Ordinance restricts commercial activities that are plainly audible from a residential dwelling unit’s property line from 10:00 p.m. to 8:00 a.m. daily. Lighting will be installed around the building and 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. The existing 1911 apartment structure is proposed to be adaptively re-used as a hotel with 9 units and 2 new parking spaces. The majority of the hotel use will be conducted indoors, with the exception of an open ground-floor patio area on the central portion of the building, small 20-30 sq. ft. patio and unit deck areas for the hotel rooms, and a new roof deck. The interior of the structure is being converted from 11 apartment units with 11 bedrooms to 9 bedrooms in 9 hotel units, a new enclosed ADA restroom 42 sq. ft. on the 1st floor accessible from the common patio, and a new convenience vending machine area of 75 sq. ft. on the 2nd floor. The added 1,201 sq. ft. roof deck above the 2nd floor will be a shared amenity, which will be required to close at 10:00 p.m. daily. The hotel units will be "smart units" where the renters will be able to access information, pay online, and access the unit by a unique code number. Local management will be available 24-hours to assist guests and respond to guest or neighbor concerns. Therefore, negative impacts to existing residential uses are not anticipated. 2. The amount of existing or proposed off-street parking in relation to actual need: A comparison of the parking requirements for the existing and proposed uses is shown in the below table. Parking Requirements for Existing and Proposed Parking HBMC 17.44.030 Required Parking Spaces by Use Number Required Number Provided Deficit EXISTING 11 Apartments 28 0 28 PROPOSED 9 Room Hotel 9 2 7 As illustrated above, HBMC 17.44.030 would require the existing 11-unit apartment building to provide 28 spaces; the property currently provides no parking. The proposed change in use to a 9-unit hotel with 2 on-site parking spaces greatly reduces the parking deficit from 28 to 7 spaces, which are proposed to be satisfied with an in-lieu parking fee payment. Therefore, the new hotel use will reduce parking demand significantly and will also provide in-lieu fees for the 7 space deficit, bringing the property and building into conformity for parking. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on -site with the remaining required parking authorized to be paid through in-lieu fee contributions with approval of a Parking Plan. The proposed project FAR totals 1.06, therefore, a minimum of 2 parking spaces (25% of 9 spaces) must be provided on-site. A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces (including 1 ADA space) plus fees in lieu for 7 spaces. HBMC Section 17.44.180 states when calculating parking spaces, any resulting fraction less than one -half shall be disregarded, in this case (9 x .25 = 2.25) 2 spaces will be required on-site. Additionally, a bicycle rack 85 accommodating four bicycles is required as a condition of approval as recommended by the Parking and Traffic Study. The purpose of the in-lieu fee program is to collect funds which can be used to for future improvements to the City’s public parking. A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces plus fees in lieu for 7 spaces. To provide some context in considering the request for approval of 7 in-lieu spaces, the current inventory of all City-approved in-lieu parking spaces is attached to the staff report. Hotel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located immediately across 11 th Street (50 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately one and a half blocks (500 feet) away. The publi c parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately two blocks (650 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. A Parking and Traffic Study, prepared by the City’s consultant Interwest for this project is attached to the staff report. 3. The combination of uses proposed, as they relate to compatibility: The subject site will contain a total of 9 hotel units with 2 on-site parking spaces. Hotels are permitted by right within the C-2 zone, as they are seen as a low impact use, and all noise from the hotel use operations will be contained within the fully enclosed building and the new roof deck wil l be required to close at 10:00 p.m. daily. The on- site hotel use is consistent with the surrounding mixture of non -conforming residential uses, and commercial uses such as general and medical office, hotels, retail and restaurant uses. Therefore, adverse impacts are not anticipated. 4. The relationship of the estimated generated traffic volume and the capacity and safe ty of streets serving the area: The project will not introduce any hazards to mobility, as alterations to the surrounding streets are not proposed and the project’s proposed modifications will not impact emergency access to the site. Emergency access and fire lanes and ingress and egress points will be maintained in full compliance with the Building and Safety Code and Fire Code. The project does not propose any features or modifications to existing circulation facilities that would have the potential to conflict with transportation/mobility plans. The total number of daily trips is significantly reduced from the existing 11-unit apartment use (66 trips) to the proposed hotel use (30 trips), a reduction of 55%. Peak hour trips generated by the proposed project are expected to be reduced from 6 peak trips to 3 peak trips during a.m. and p.m., a reduction of 50%. The number of trips is well below the standard threshold of significance of 50 trips during a peak hour, indicating the project does not have the potential to result in significant impacts related to the capacity of local or regional roads or intersections. Therefore, adverse impacts are not anticipated. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The new commercial building will face 11th Street, which is comprised of a variety of commercial and non-conforming residential uses. Architectural treatments and design elements include wood and stone elements at the front, painted lap siding at the rear, glass deck railing, and covered and 86 recessed walkways and balconies to provide a modern, pedestrian friendly streetscape that is compatible in size and architectural style with the surrounding area. The existing architectural elements above the roof line will be removed. The application request includes a proposed atrium glass enclosure on the roof deck that will be within the 30-foot height limit. A small wall sign is shown on the renderings, as well as, the required small sign for the ADA parking space. The project includes a condition requiring a sign permit for new signage at the subject site in conformance with HBMC Section 17.50. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools: The existing building will maintain the hotel guest entrance/exit located at the center of the front of the building (11th Street frontage) which is oriented away from nearby resi dential uses. The project will provide a new vehicular access point to the parking along the south alley (11 th Court). The vehicular ingress/egress point is oriented to the south, across from garages for existing residential buildings, where it is least impactful to nearby residences. No new curb cuts are proposed and all on-street parking spaces will be preserved. No impacts are anticipated. 7. Noise, odor, dust and/or vibration that may be genera ted by the proposed use: The short duration of noise events generated during the anticipated 6-12 month construction period will temporarily result in increased ambient noise levels, but will not significantly impact the ambient noise environment over the long term or for a significant period of time. Compliance with the City’s Noise Ordinance will effectively ensure that the project does not exceed adopted standards and successfully avoids significant construction-related temporary noise impacts. Hotels are permitted by right within the C-2 zone, and all noise from the hotel use operation will be contained within the fully enclosed building, with the exception of the small 20-30 sq. ft. ground-floor patios and decks and the new shared roof deck. The roof deck is required to close by 10:00 p.m. daily through a condition of approval. Commercial properties, a restaurant use to the east and an office use to the west, are immediately adjacent on each side of the subject property. The hotel units will be "smart units" where guests will be able to access information, pay online and enter the unit using a unique code. As such, significant noise impacts from the long-term operations are not anticipated. HBMC Section 8.12 requires adequate solid waste collection and disposal facilities for all developments. A minimum 4cubic yard roll off container is needed for the 9-unit hotel use. A fully enclosed trash enclosure with a roof is proposed along the east side of the existing structure where the container can be rolled to the edge of the property along the 11 th Court alley. Therefore, with the various conditions of approval, adverse impacts are not anticipated. 8. Impact of the proposed use to the city’s infrastructure, and/or services: The existing site has available utilities and services. The site has historically been occupied by a residential use. The City’s Public Works Department has confirmed that adequate capacity exists to provide utilities for the proposed development. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms: The existing buildings will remain, with only necessary changes to convert the use from 11 apartment units to a 9 room hotel, which includes conversion of 2 small apartment units into an open parking area for 2 parking spaces 1 ADA and 1 regular), addition of a new ADA restroom available to the 1st floor central patio, and enclosure of a vending machine area for to iletries snacks, soda and water. California Environmental Quality Act Section 15301 (Existing Facilities) [Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use]; and 15322 (In -Fill Development [Class 32 consists of projects characterized as 87 in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services]. 10. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project is conditioned such that upon final approval of the Precise Development Plan the property owner shall be required to file with the City of Hermosa Beach the necessary business license for the hotel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. Additionally, the project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15). The California Building Codes and Green and Energy Codes require installation of building insulation, energy windows, occupancy/vacancy sensors on outlets and light fixtures, motion sensor light fixtures within stairways, energy efficient light fixtures (LED or florescent) throughout the interior and exterior and require compliance with mandatory star rated energy efficient mechanical systems, appliances, and electronics such as televisions to ensure no wasteful, inefficient, or unnecessary energy consumption. Therefore, the project will not result in wasteful, inefficient or unnecessary consumption of energy. Section 5. Based on the foregoing, the Planning Commission hereby approves the proposed Precise Development Plan 20-3 subject to the following Conditions of Approval: 1. The project consisting of a 9-unit hotel development shall be substantially consistent with plans and application submitted and approved by the Planning Commission on June 22, 2020. 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 devia tion, changes to the floor plan, site plan, or building exterior which alter the primary function of the use as a hotel shall be subject to review and approval by the Planning Commission. 2. The subject site shall additionally comply with Parking Plan P.C. Resolution 20-XX. 3. Prior to the submittal of structural plans to the Building Division for plan check an ‘Acceptance of Conditions’ affidavit and recording fees shall be filed with the Los Angeles County Recorder stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this permit of approval. 4. Upon final approval of the Precise Development Plan the property owner shall file with the City of Hermosa Beach the necessary business license for the hotel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. 5. The applicant shall obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit. 88 6. Architectural treatments and accessory facilities shall be as shown on building elevations, site and floor plans. Precise building height compliance shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. 7. The roof deck shall not be open between hours of 10:00pm and 8:00am to minimize neighborhood impacts. 8. 24-hour management shall be available to respond to guest or neighbor complaints. 9. Verified registered guests shall be 21 years of age minimum. 10. All exterior lighting shall be downcast and fully shielded, and illumination shall be contained within the property boundaries. Lighting shall be energy-conserving and motion detector lighting shall be used for all lighting except low -level (three feet or less in height) security lighting and porch lights. Lamp bulbs and images shall not be visible from within any offsite residential unit. Exterior lighting shall not be deemed finally approved until 30 days after installation, during which period the Building Official may order the dimming or modification of any illumination found to be excessively brilliant or impacting to nearby properties. 11. Lighting for signage must be downcast and non-disruptive to nearby uses and compliant with HBMC Section 17.50 (Signs). 12. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. 13. A trash enclosure facility with roof, capable of accommodating a minimum four-yard roll off container shall be located along the east side of the existing structure, subject to review and approval of the Community Development Director. 14. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 15. 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 establishment s. 16. The establishment shall not adversely affect the welfare of the residents, and/or commercial and residential establishments nearby. 17. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the HBMC Chapter 12.08.010 and Public Works specifications, shall be filed with the Community Development Department. 89 18. Project construction shall protect private and public property in compliance with HBMC Chapter 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. 19. 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. 20. Sewer main work may be required after review of sewer lateral video. 21. 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. 22. 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. 23. An automatic sprinkler system is required per California Building Code Section 903.2.8. 24. 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. 25. The project shall maintain in conformance with all other applicable regulatory agency requirements and standards, including but not limited to: Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 26. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 27. 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. 28. Exterior and interior water use shall comply with Hermosa Beach Municipal Code Chapter 8.56. 29. 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 90 of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 30. The Planning Commission may review this Precise Development Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject Precise Development Plan. 31. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 6. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and again st 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 Cit y may be required to pay as a result of any claim or action brought agains t 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: NOES: ABSTAIN: ABSENT: 91 CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 20 -XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its adjourned meeting of June 22, 2020. ______________________________ ______________________________ Peter Hoffman, Chair Ken Robertson, Secretary __June 22, 2020 Date 92 P.C. RESOLUTION 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW CONVERSION OF AN 11-UNIT NON-CONFORMING APARTMENT BUILDING INTO A 9-UNIT HOTEL AND TO ALLOW THE 9-SPACE PARKING REQUIREMENT TO BE MET WITH 2 NEW ON-SITE SPACES PLUS FEES TO BE PAID IN LIEU FOR 7 SPACES IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 66 11TH STREET AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on March 23, 2020, requesting approval of Parking Plan 20- 1 to allow the 9-space parking requirement to be met with 2 on-site spaces plus fees in lieu for 7 spaces, for a 9-unit Hotel project (Precise Development Plan 20-3) on a 2,912.75 square foot lot in the C-2 (Restricted Commercial) zoning district at 66 11th Street; and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 22, 2020 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The public hearing was originally scheduled for June 16, 2020, but due to an issue related to publishing the notice of the public hearing, the public hearing could not proceed on June 16, 2020. Rather than delay the hearing until the next regularly scheduled Planning Commission meeting, the Planning Commission adjourned the June 16, 2020 meeting to June 22, 2020 to allow for adequate notice. Section 3. California Environmental Quality Act Section 15301 (Existing Facilities) [Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use]; and 15322 (In -Fill Development [Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.(c) The project site has no value, as habitat for endangered, rare or threatened species.(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services]. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following factual findings pertaining to the application for a Parking Plan pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.44.210: 93 HBMC Section 17.44.210 provides that a Parking Plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required through payment of parking spaces in-lieu of providing the spaces on-site. The City, through an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), has an approved parking in- lieu fee program. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on-site. The fee was established by resolution of the City Council and was based on an appraisal completed in Ju ly 2006. The in- lieu funds are used to mitigate increased parking demand. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. Currently 68 in-lieu parking spaces have been approved by the City to date. If the applicant’s request to purchase 7 in- lieu spaces is approved, the City’s inventory of available in-lieu spaces will be reduced to 25. Once the City reaches the 100 space threshold additional parking must be constructed or no additional in-lieu parking may be authorized. Hotels require 1 space for each unit. The proposed project will consist of 9 hotel units which require a total of 9 parking spaces, 2 of which are proposed to be provided on-site. A comparison of the parking requirements is illustrated in the below table. Parking Requirements for Existing and Proposed Parking HBMC 17.44.030 Required Parking Spaces by Use Number Required Number Provided Deficit EXISTING 11 Apartments 28 0 28 PROPOSED 9 Room Hotel 9 2 7 As illustrated above, the existing 11-unit apartment building would require 28 spaces by HBMC 17.44.030 and currently provides no parking. The proposed change in use to a 9 -unit hotel with 2 on-site parking spaces greatly reduces the parking deficit from 28 to 7 spaces, which are proposed to be satisfied with an in-lieu fee payment of $28,900 per space, for a total fee of $202,300. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through in -lieu fee contributions with approval of a Parking Plan. The floor area ratio (FAR) on this project is 1.06. A Parking Plan is requested to allow the 9-space parking requirement to be met with 2 on-site spaces (including 1 ADA space) plus fees in lieu for 7 spaces. HBMC Section 17.44.180 states when calculating parking spaces, any resulting fraction less than one-half shall be disregarded, in this case the 25 percent or 2.25 spaces will be counted as 2 spaces. Hotel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located directly across 11th Street (50 feet) at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two blocks (500 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (650 94 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. With the provision of an additional t wo parking spaces and reduction of intensity from 11 apartment units to 9 hotel units, the requirement to pay in-lieu parking fees to be used for area parking improvements for the remaining 7 -space deficit, and the Parking and Traffic Study clearly showing a reduced-demand for parking and reduced number of daily trips, including during peak hours, proposed parking should be sufficient to satisfy parking demand during peak periods. Alternative transportation options for hotel occupants which are expected to provide parking relief, include ride sharing services (Uber, Lyft, Taxis), bus lines 130 and 109 which have stops along Hermosa Avenue, and bicycles. The Parking Analysis conducted for the proposed Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20, 30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel (containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a large portion of hotel guests ma y arrive via alternative transportation. A link to the City’s Downtown Rideshare Zones is attached to the staff report and contains additional information. The staff report includes an attached Parking and Traffic Study which used the ITE trip generation for hotel uses and reduced the amount by 33% as a conservative anticipation of alternative transportation for the proposed project. Section 5. Based on the foregoing, the Planning Commission hereby approves the proposed Parking Plan 20-1 subject to the following Conditions of Approval: 1. The project consisting of a 9 unit hotel development shall be substantially consistent with plans and application submitted and approved by the Planning Commission on June 22, 2020. The Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval, provided that the use is not changed, intensity of use is not increased and the arrangement of space would not increase negative impacts. Any substantial deviation, changes to the floor plan, site plan, or building exterior which alter the primary function of the use as a hotel shall be subject to review and approval by the Planning Commission. 2. The subject site shall additionally comply with Precise Dev elopment Plan P.C. Resolution 20-XX. 3. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. 95 4. Prior to issuance of a building permit, the Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 5. The applicant shall obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit. 6. In order to compensate for a lack of required parking on -site, the applicant shall contribute fees to the City’s parking improvement fund in lieu of the additional required seven (7) parking spaces, as set forth in HBMC Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 as set forth by resolution of the City Council. The payment of fees in -lieu of required parking shall be made prior to issuance of building permits. 7. The hotel shall provide 2 parking spaces on-site at all times. a. The parking area shall be designed and striped in compliance with HBMC Chapter 17.44. b. The parking shall be fully available for and limited to employee and hotel guest parking during all hours of operation and back of house functions. 8. Rideshare shall be encouraged through online registration process and other feasible methods. 9. The hotel shall provide racks to hold a minimum of 4 bicycles on-site. 10. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. 11. 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 sub ject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 12. The Planning Commission may review this Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 13. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested in writing to the Community Development Director, including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. 96 Section 7. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Parking Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit o r approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the final decision on this Parking Plan (either by the Planning Commission, or the City Council should they take jurisdiction of the project), must be made within 90 days after the final decision. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 20-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its adjourned meeting of June 22, 2020. ______________________________ ______________________________ Peter Hoffman, Char Ken Robertson, Secretary ___June 22, 2020 Date 97 Updated June 10, 2020 Parking In-Lieu Fee Program (100 Spaces) Number of Parking Spaces Accepted Projects Approved and Paid Project / Location Parking Spaces In-Lieu Year Status Hennessey’s Tavern / 8 Pier Ave 2 1997 Funds transferred*/** 117 Pier Ave: The Mix / Currently Steak and Whisky 5 1997 Funds transferred*/** 13 Businesses, Lower Pier Ave: Pier Plaza Outdoor Dining 13 1997 Funds transferred*/** 1301 Hermosa Ave: City Retail Building at North Pier Parking Structure 20 1997 Funds transferred*/** 51 Pier Ave: Fat Face Fenner’s Fishshack / Currently Tower 12 5 1999 Funds collected** 205 Pier Ave: Commercial Condominiums (Mixed Office and Snack Shop) 1 2012 Fund collected 10/8/12 507 Pier Ave: The Solution 1 2015 Fund collected 6/25/15 513-519 Pier Ave: Dry cleaner & offices (CC Reso 16-7046) 1 2016 Funds collected 11/22/17 Total Approved and Paid 48 Total Approved and Pending Payment 20 Net Available (100-66) = 32 *Funds transferred from Downtown Enhancement set-aside incentive fund established by City Council to Parking Improvement Fund. **These funds were spent on the parking structure. Projects Approved and Pending Payment Project / Location Parking Spaces In- Lieu Year Status 906-910 Hermosa Ave: Hermosa Seaside Commercial Office Building 16**** 2007 Permits issued and entitlements extended (fees not collected at this time). Fees must be paid prior to final occupancy. 1429 Hermosa Ave: H2O Hotel 2*** 2015 Payment for two (2) spaces pending. 70 10th St (Approved by CC Reso 19- 7217) 2 2019 Fees must be paid prior to issuance of building permits. Total Approved and Pending Payment 20 *** Fees for two (2) spaces required by Coastal Commission. Payment for two (2) spaces pending. ****The Planning Commission approval was based on a 7 parking space deficiency based on a 3/1000 ratio, however, the Coastal Commission required 16 in-lieu parking spaces based on the currently applicable 4/1000 ratio. 98 99 100 101 102 103 104 83#802/38/),08#8887 1$!*145%--(88.',0&"+026%,,)82'8 8 ( $'+ %+ %& + <h 3!&Yh !$Y3/EYh F!h NCYh 3B!h HPh SKP*B]'h h]2$[h !Qe3C/YhQ$h HeC'h hGh IP$h ^2$h OHK$WhH,h-h4/Ch Z^c4Hh F!h e$ShX^$!h T!h !$fRK'h +HPh aY$h 3Ch CF$`HCh e5^1h ^2$h M4+6$!h KQH9^hCHF$h H,h %a2h :#%h "%>/CYh Jh K=CYh (I;h h?h.QhFghH^1)h KbQLhe2Ph e3_0h Ha^h ^2$h eUh MV5D5HFhH,h7h $\/ChZ^b!4Hh$!$'+ %+ %& +) ( %$+ &* $+ "#+2$2' 105 ___________________________________________________________________ ATTACHMENT “A” APPLICATION SUPPLEMENTAL INFORMATION SW Beach Hotel 66 11th Street Hermosa Beach, California 90254 •SITE INFORMATION o Street Address: 66 11th Street, Hermosa Beach, California 90254 o Lot area (SITE): Land Sq Ft: 2,921 o Assessor’s Parcel Number: 4187004013 •ACTION REQUESTED o Provide a Detailed Project Narrative o Provide 5 reduced-size plans for City departments review o Provide and electronic copy of the Project Narrative and updated plans on the CD and single file PDF •BACKGROUND Existing information Building past usage The subject property, built in 1911, is a single lot zone and being used as a multi- family residence. The building was most recently assessed by Jeffery Prang of the County’s Assessors office in 2015. Sandra and Walter Franco purchased 66 11th Street, Hermosa Beach in December 2008 and have managed the property as a struggling apartment complex. Residential tenants struggle adequate street parking and time limitations in the 11th Street parking lot. The main building consisted of 6 studio and two, one- bedroom units. The second building consists of 2 studio apartments on the ground floor and 1, one-bedroom apartment on the second floor. The buildings are attached with a common courtyard and 2nd floor walkway bridge. 106 Surf Side Suites Apartment Living Residential Usage •Physical Description of the Proposed Hotel The proposed SW Hotel is a “Petit Boutique” Hotel and is considered a also fits the “suite” hotel description with each unit having multiple rooms under one roof . Boutique hotels generally are 10-100 rooms. With only 6 suites, 2 one-bedroom studios, and 1 VIP suite, the SW Hotel will have a private and personal feel. The SW Beach Hotel will be the most exclusive and private hotel in Hermosa Beach. The SW Beach hotel (SW for owners Sandra and Walter) is the vision and dream of owners Sandra and Walter Franco. Sandra and Walter are successful real estate investors and property managers. They have the experience and skill to make the SW beach Hotel a success and community asset. •Description of Uses within Hotel The SW Beach Hotel will create the private, exclusive feel for sophisticated guests and family travelers. The property is undergoing substantial upgrades and remodeling. This work will enhance the hotel experience and help to create a memorable visit. 107 Proposed SW Hotel Under Re-Model 66 11th Street Hermosa Beach The building has undergone an extensive exterior “facelift”. Exterior finishes are done in coastal white, with new awnings, patios and lighting. Guests will arrive through a beautifully gated and enclosed arched trellises. They will be greeted in the atrium where the check-in desk will be located. 108 Studio Suite/ ADA unit One Bedroom Suite The reception area will be covered in a glass atrium and feature an ADA restroom, decorative water feature and light snacks and beverages for sale. The first level will have an ADA compliant guest room with easy access. Rooms are elegantly appointed with luxury bedding, high definition televisions , on-suite bathrooms, and many suites have kitchens. As guests move to the second floor there will be 3 suites and 1, one-bedroom studio. The housekeeping and laundry will be stored in the new designated laundry room with stackable washer / drier for sheets and towels. A private sitting patio will overlook the atrium and reception area. A bridge from the second floor 109 and stairs from the reception area will access the VIP suite in the “south” building. The VIP suite will double as a guest lounge for groups traveling together. From the second floor, guests will access the roof top lounge. Both the main building and south building will host patio furnishings with city and ocean views. This will be SW Hotel’s most prized amenity. Guests can lounge and relax as the sun sets over the ocean. With consideration to our community and neighbors, SW Beach Hotel will allow limited hours for roof-top patio guests from 10:00am- 10:00pm. The rooftop lounge on the above the VIP suite will have a BBQ area with refrigeration and running water. Guests can prepare food and enjoy the view with family and friends. The SW Beach Hotel will recommend local restaurant for guest to order out and dine in their suits. There will also be a lobby C-Store (Convivence Store) offering personal supply’s such as toiletries, sunblock, and other personal items. There will also be fresh coffee, pastries, snacks. Beer and wine will be available to guest. SW Beach Hotel will apply for Alcoholic Beverage control Licensed Type 66, Type 68 and Type 70. Each license is specific to hotels and hotel guests. Type 66 – CONTROLLED ACCESS CABINET PERMIT. This permit allows the sale alcohol in a locked cabinet in each suite. Type 68 – PORTABLE BAR LICENCE. This permit allows the sale and service of alcohol form a portable bar. The portable bar may be moved to different rooms or areas of the hotel. Lounge Suite & Roof top Deck 110 Type 70 – ON SALE GENERAL – RESTRICTIVE SERVICE. This permit allows alcohol sales to registered guests for consumption on premises. This license is issued to “suite-type” hotels and available for registered guest only. (Beer and wine that will be sold in the lobby C-Store). •Parking Plan The HBMC requires SW Beach Hotel to have 1 space per room, 9 spaces are required for the SW Beach Hotel. The property will provide 2 onsite spaces including an ADA compliant space on the property. The SW Beach Hotel will provide $28,900 per space fees in lieu of the additional 7 spaces required. •Vision for New Hotel and PLAN Hermosa The Sandra and Walter Franco have aligned their vision of the SW Beach Hotel with PLAN Hermosa. PLAN Hermosa – 2 land use & design, page 61 “By establishing a vision for the built environment, the City is inviting property owners, business owners, and community members to invest private funds into the development, preservation, and rehabilitation of buildings, land uses, and infrastructure.” In addition: The SW Hotel meets the criteria of the Economic + Fiscal Decision -making tool on page 42. And many other goals. Located on 11th Street the SW Beach Hotel will bring visitors a unique and highly sought-after Hermosa Beach experience and contribute to the Hermosa Beach local economy. Guests will dine in local restaurant s and shop in retail along Pier Plaza, Pier Avenue and Hermosa Avenue. In addition, the SW Hotel will contribute to the PLAN Hermosa goal of reducing the carbon footprint. Guest will be able walk, ride bikes and take public transportation during their visit. Just steps away 111 from the SW Beach Hotel is Beach Cities Transit. The BCT route 109 connects Riviera Village, Hermosa, Manhattan, El Segundo . The SW Beach Hotel will greatly reduce the parking impact on downtown Hermosa Beach. As a multi-family residential, many tenants have 2 cars that park on the street. The SW Beach Hotel will have many guests arriving by car service, Uber or Lift greatly reducing the parking spaces needed. •Management and Operations Sandra and Walter Franco will act as “hands on” owners and managers. Sandra will provide financial expertise and marketing activities. While Walter will oversee facilities management and the guest experience. They will rely on their years of property management to ensure the SW Hotel is a property the community will be proud of. The day-to-day operations such as guest registration, housekeeping, amenity services and communication will be the responsibility of Elkin de la Cruz. Elkin ’s home is 53 10th Street, Hermosa Beach. Directly adjacent to the SW Hotel and providing 24-hour guest service. The SW Hotel expects to create 5 more full and part -time employment opportunities in guest reception and housekeeping. •Logo Beach Hotel 112 2.Provide 5 reduced size plans – consistent with plans provided – (Pablo) 3.Electronic Copy – CD and PDF – (Pablo) 113 ___________________________________________________________________ MANAGEMENT PLAN TO MINIMIZE NEIGHBORHOOD IMPACT SW Beach Hotel 66 11th Street Hermosa Beach, California 90254 • SECURITY / 24 HOUR GUEST AND NEIGBORHOOD SUPPORT The S&W Beach Hotel will be a safe and secure property for guests and neighbors alike. There will be Hotel staff onsite managing and operating the Hotel during business hours, 7:00am to 10:00pm. A registration clerk and housekeeping will be available to serve guests, answer questions and solve problems. During off-hours, the Hotel’s front door on 11th Street, and the Atrium guest entrance will be locked. Only registered guests with digital keys will have access. The S&W Beach Hotel will have 8 security cameras focused on all areas of the property and surrounding area. Video will be recording 24/7 and stored for 2 weeks and available to authorities if requested. Hotel Manager Elkin de la Cruz will be available 24/7 for emergencies, guest service and neighborhood concerns. Elkin resides at 53 10 th Street, Hermosa Beach, directly adjacent to the S&W Beach Hotel. Elkin is not only the S&W Beach Hotel manager; he is a resident and has a personal interest in the safety and security of guests and neighbors. • GUEST REQUIREMENTS and REGISTRATON The S&W Beach Hotel will market to a sophisticated adult traveler and families vacationing. Hotel guests will be required to be 21 years of age to register. The S&W Beach Hotel will utilize online reservation system, policy information will be on the online registration and stated in the policy page of the website. Each suite comfortably accommodates a single adult guest, couple or family with 2 adults and 2 children. Any additional guest would need approval by management and decided on a case by case basis. Rooms will be limited to 2 adult guests per stay. 114 Guests will register online and receive a confirmation code and digital key. More hotels are focusing on contactless check-in and digital key utilizing Bluetooth on your smartphone. Off hour arrivals and registration also utilized digital keyless locks and entry. This technology will also allow guests to access the S&W Beach Hotel after 10:00pm and before 7:00am. • PARKING, PUBLIC TRANSPERTATION and RIDESHARE The S&W Beach Hotel will recommend guests utilize rideshare arrival, public transportation and bikes. Because of the limited parking in downtown Hermosa Beach the Hotel does not wish to add to parking congestion. Rideshare and other transportation suggestions will be provided on marketing materials, registration, website and social media. Guests who choose to bring personal bikes can store them safely on patio decks and inside the suites. Guest who do not have bikes will be directed to Hermosa Cyclery just 2 blocks away at 20 13th Street • ALCOHOL SERVICE S&W Beach Hotel will apply for Alcoholic Beverage control Licensed Type 66 . Type 66 – CONTROLLED ACCESS CABINET PERMIT. This permit allows the sale alcohol in a locked cabinet in each suite. This permit is a common and expected amenity for luxury hotels. It allows guest s to enjoy an alcoholic beverage in the safety and comfort of their suite. Locked cabinet service allows S&W Beach Hotel to monitor and limit the amount of alcohol beverage in each room. • COMMUNITY IMPACT The S&W Beach Hotel will attract a sophisticated travelers and families to Hermosa Beach. The small hotel will provide an upscale and private experience while adding to the local economy. Resulting in a positive impact on our community. 115 Beach Hotel 116 15140 Transistor Lane Huntington Beach, CA 93004 714.899.9039 June 3, 2020 MEMORANDUM TO: Christy Teague, AICP Senior Planner Community Development Department City of Hermosa Beach FROM: Nicole Jules, PE, Consulting Traffic Engineer SUBJECT: Parking Demand &Traffic Analysis - 66 11th Street The purpose of this memo is to analyze and recommend a parking and traffic scenario for a request to convert an existing 11-unit residential apartment building into a 9-unit hotel. Existing Conditions The subject property is on a 2,921 square foot lot located at 66 11th Street in the City of Hermosa Beach. The project is bordered by 11th Street to the north and 11th Court Alley to the south. 66 11th Street – Aerial View Hermosa Avenue 11th Street 66 11th Street 11th Court 117 Page 2 of 5 66 11th Street Hotel Parking Demand Analysis 66 11th Street – Street View The complex is comprised of two buildings: the main building, which faces 11th Street, consisting of 6 studio apartments and two, one-bedroom apartments. The second building, adjacent to 11th Couth alley, has two studio apartments on the ground level and one one- bedroom apartment on the second floor. There is a common courtyard and second floor walkway bridge that connects the two buildings. Currently, all tenants park off-site, as there are no parking spaces provided on the property. Proposed Conditions The proposed use for the site is a 9-unit hotel with 2 on-site parking spaces; one ADA space and one general parking space. The boutique hotel will be designed to have a private and personal feel with the main mode of transportation to and from the site via rideshare, car service or bicycle. Below is the proposed site plan. 118 Page 3 of 5 66 11th Street Hotel Parking Demand Analysis Parking Analysis The applicant proposes to convert the 11-unit apartment building into a 9-unit hotel. As part of the conversion, two small apartments on the 1st floor of the second building will be converted to parking, providing one ADA and one general parking space. 119 Page 4 of 5 66 11th Street Hotel Parking Demand Analysis The Hermosa Beach Municipal code states that an 11-unit residential building is required to provide 28 parking spaces. Because no parking spaces are provided currently, this is a non- conforming use. Similarly, the code requirement for a 9-unit hotel would be one space per room, resulting in 9 parking spaces. The project is proposing 2 on-site parking spaces, one of which will be ADA compliant. The table below summarizes parking requirements for the existing and proposed uses at the subject site. Parking Requirements for Existing and Proposed Parking HBMC 17.44.030 Required Parking Spaces by Use Use Spaces Required Number Provided Deficit EXISTING 11 Apartments 28 0 28 PROPOSED 9 Room Hotel 9 2 7 While the project, as proposed, will have a deficit of 7 parking spaces, the applicant is requesting to satisfy this deficit through an in-lieu parking space one-time fee of $28,900 per space or a total payment of $202,300. Tenants of the proposed hotel may park in the time- limited parking spaces on 11th Street or at the City-owned public parking structure located at Hermosa Avenue and 13th Street. Traffic Analysis The project is expected to generate vehicular trips as shown in the table below: Trip Generation for Existing & Proposed Use Land Use Units Trip Generation Daily AM Peak PM Peak EXISTING Residential/Apartment 11 Apartments 66 6 6 PROPOSED Hotel/Motel 9 Rooms 30 3 3 The total number of trips generated by the proposed project is significantly less than the number of trips generated by the existing use. Further, the standard threshold of significance of generating 50 project trips during either the AM or PM peak hour is much greater than what is anticipated by the project. Based on the projected number of trips, the proposed project will not result in significant impacts to the local or regional roadway network and is projecting 120 Page 5 of 5 66 11th Street Hotel Parking Demand Analysis favorable peak hour trips due to the use of car and rideshare services as well as the high use of bicycles. While the project does not show bicycle racks on the proposed plans, it is highly recommended that bicycle racks are included with the project on site. Conclusion Modifying the use from residential to commercial and therefore approving the proposed project will significantly reduce the current parking demand for the site by 21 spaces and current trip generation by about 50%. The project as proposed is a less intensive use which will result in improved parking and traffic conditions. End of report 121 ZONING MAP 122 Community Development Department Planning Division City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 IMPORTANT PUBLIC NOTICE 66 11th Street Assessor Parcel Number 4187-004-013 Precise Development Permit PDP 20-3 and Parking Plan PARK 20-1 request for conversion of an 11 unit non- conforming apartment building into a 9 unit hotel, including removal of 2 ground floor units and provision of 2 new ADA parking spaces and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach will hold a virtual public hearing on Tuesday, June 16, 2020 to consider the request described above. SAID PUBLIC HEARINGS shall be held virtually at 7:00 P.M., or as soon thereafter as the matter may be heard. THIS MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020. ANY OR ALL PLANNING COMMISSION MEMBERS MAY ATTEND AND PARTICIPATE BY TELECONFERENCE/VIRTUAL MEETING. MEMBERS OF THE PUBLIC MAY PARTICIPATE BY TELECONFERENCE. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time. Written materials pertaining to matters listed on the agenda of a Regular Planning Commission meeting must be submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda packet. However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City’s website at the same time as they are distributed to the Planning Commission by email and provided to the Planning Commission and public at the meeting. Written comments may be mailed to the Community Development Department, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, CA 90254 or emailed to CommunityDevelopment@hermosabeach.gov. PUBLIC PARTICIPATION City Hall will be closed to the public until further notice. Members of the public may submit eComments (instructions below) or email comments to CommunityDevelopment@hermosabeach.gov until 12:00 p.m. on the meeting date. JOIN THE VIRTUAL PLANNING COMMISSION MEETING AT: https://us02web.zoom.us/j/82539742028 OR PARTICIPATE BY PHONE: 1. Prior to 6:00 p.m. on the meeting date, email Planning@hermosabeach.gov to be added to the speaker list. Please indicate your full name and which item you would like to speak on. 2. Dial in 5 minutes prior to the start of the meeting: > Toll Free Dial in: (888) 475-4499 > Planning Commission Webinar ID: 825 3974 2028 3. ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. When you are called on to speak, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. Written comments may also be submitted via eComment in 3 easy steps: 1) Go to the Agendas/Minutes/Video webpage and find the meeting on which you’d like to comment; 2) Find the agenda item on which you’d like to comment; and 3) sign in to your SpeakUp Hermosa Account or sign in as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or CommunityDevelopment@hermosabeach.gov. The Department operates from 7:00 a.m. to 6:00 p.m., Monday through Thursday. A copy of the agenda and staff report(s) in the Planning Commission packet will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Relevant Municipal Code sections are also available on the website. CITY OF HERMOSA BEACH Ken Robertson, Director Community Development Department 123 124 PUBLIC NOTIFICATION LEGAL POSTERS Front View of 66 11th Street Near View of Poster 125 Rear View of 66 11th Street 126 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 22, 2020 To: Honorable Chairman and Members of the Hermosa Beach Planning Commission From: Christy Teague, Senior Planner Subject: Public Hearing Item 7 - Precise Development Plan PDP 20-3 and Parking Plan PARK 20-1 Supplemental Letter Responding to Commissioner Questions Recommendation: To receive testimony and review the issues discussed below. Staff recommends consideration of continuing the Public Hearing given the issues identified below, and the likely need for further discussion and clarification from staff and the applicant for th e Commission to make a fully informed decision. Staff requests that the Commission provide direction on any issues or concerns they would like further clarification from staff or the applicant. Staff received several relevant and important inquiries from Planning Commissioners on the above referenced application which show the complexity and uniqueness of this application, Below is the staff’s responses to those questions. 1.Please provide policy and requirements for STVRs in Commercial zones. Short Term Vacation Rentals are permitted in non-conforming residential units in the C-2 Restricted Commercial zone, subject to a Short Term Vacation Rental Administrative Permit. A copy of Ordinance 19-1935 allowing approval of Short Term Vacation Rentals in commercial zones is included as Attachment 1. 2.Please verify that these are approved units. These are not approved STVR units. The applicant has not been issued a permit for Short Term Vacation Rentals and would not qualify due to the lack of off- street parking. 3.Please advise if TOT was being collected and paid to the City. 7 SUPPLEMENTAL INFORMATION 127 No Transient Occupancy Tax has been paid to the City on this property. A condition of approval will require that the applicant file a TOT registration and remit monthly TOT payments to the City. 4. If these are not approved STVRs, were they reported by Host Compliance? Code Enforcement has only recently notified Host Compliance to investigate STVRs in commercial zones, to assist the City in identifying eligible properties to either make STVR’s legal or properly enforce the new ordinance and other codes. Code Enforcement has asked Host Compliance to report any activity at this address. Information is pending response from Host Compliance. 5. Clarify how the listing for Unit #108 could include "Free Street Parking" as an amenity (I would guess the use of a residential parking pass). The applicant will purchase up to 5 monthly employee parking permits as needed. The applicant stated that more than 75% of guests will not require vehicle parking since they will arrive by rideshare or bicycle. 6. Upon conversion from apartment building to hotel, will any Residential Parking Permits already issued be re turned to the City? Previous permits have expired; new monthly permits will be purchased as needed as allowed for employees, staff will have to research if a program can be made available for guests of a hotel use. 7. Is there a reason that this information re STVRs at this address was not included in the Staff Report? Staff was unaware the property was currently being rented for Short Term Vacation Rental use. 8. What are the differences in requirements/uses for an apartment building used as a 100% STVR versus a Hotel use? The California Building Code has different requirements for a commercial building than a residential building. For example, transient occupancies (i.e. a hotel use) in some cases might have to have more clearly marked exit routes, better fire prevention systems. Otherwise, there are not major differences. Parking requirement are different as noted in the staff report. Both Short Term Vacation Rental and Hotel/Motel use are permitted in commercial zones; STVR requires an annual administrative permit. Hotel/Motel use is a permitted use. Both STVR and hotel/motel uses are subject to Transient Occupancy Tax. 128 9. It seems that the renovation of the front building is nearly complete except for the rooftop deck. What is the timeline for building/renovation permits for this property up until and including this application for this change in use from apartment building to hotel? A building permit for “Façade upgrade and new 1,201 square feet roof deck to 11 unit apartment building “was issued July 18, 2019. A building permit for “Addition of a new voluntary ADA bathroom” was issued November 19, 2019. The last inspection, for “exterior water proof” was made and passed on 6/4/20. We anticipate final building inspections within a month. Planning will inspect site to ensure compliance with Planning Commission-approved conditions of approval prior to final building permit inspection. 10. Please provide the original In Lieu policy - did any language exist regarding ADA/Handicapped spaces being included in the onsite calculation when 2 only spaces would be onsite, and 1 of the 2 would be a dedicated ADA available space onsite? The ordinance did not specifically address ADA/Handicapped spaces and thus they are considered as providing parking. Conversion of the rear building from 2 residential apartment units to 2 parking spaces had enough space for 2 parking spaces, including 1 ADA parking space, which is reserved for ADA needs only. The garage area is not large enough to accommodate 3 parking spaces. Ordinance 04-1239 Establishing In-Lieu Fee Parking is included as Attachment 2. 11. Please provide all of the conditions of approval at 70 10th Street, including the Parking Plan. The Resolutions of Approval for the PDP and Parking Plan are provided as Attachment 3. 12. Please provide the conditions of approval for the Hotel Hermosa relating to the outdoor deck. City Council Resolutions 20-01 and 20-02 for Hotel Hermosa at 2515 Pacific Coast Highway are included as Attachments 4 and 5. 13. Please advise how the applicant proposes to manage the 2 onsite parking spaces, which are described in the narrative to be used by employees or guests. Management will provide hang tags for guests with hotel stay dates, which will be monitored by management and security staff. 14. Where will the cleaning staff park while on property daily? 129 The cleaning company will drop off daily cleaning staff and pick up staff when completed or according to schedule. 15. Where are the nearest public parking spaces that allow overnight parking? Guests requiring parking will be directed to Lot A(13th Street) or Lot B, (11th Street) depending on street sweeping schedule. 16. Please provide more information about the "vending area" - there are differing descriptions in staff report vs applicant narrative. The applicant is planning to provide vending machines for guests in the convenience area. 17. Will the wine/beer be sold in the vending area be managed by a hotel employee? How will potential sales to minor be managed? (see applicant narrative on page 37 and page 38 of the Staff report). Our understanding is that the applicant is planning to use vending machines only (not for alcohol sales) The request has been revised per the Staff Report Attachment 6 “Business Management Plan to Minimize Neighborhood Impacts.” 18. Since a Type 68 Portable Bar License is being applied for by applicant (page 37) and allows the holder of an on-sale licensee to have a bar that is moved about the premises for the sale of distilled spirits, how will this portable bar be utilized and managed by hotel employees? Will it be brought to the rooftop deck? The applicant has been informed that this type of alcohol use will require a Conditional Use Permit. The request has been revised per the Staff Report Attachment 6 “Business Management Plan to Minimize Neighborhood Impacts.” The applicants have stated they may consider an application for a future CUP. 19. Can you also clarify why this project does not need a Alcohol CUP given the Type 68 license they are applying for? The applicant has withdrawn request for a Type 68 License. The applicants have stated they may consider an application for a future CUP. The request has been revised as stated on page 2 of the Staff Report Attachment 6 “Business Management Plan to Minimize Neighborhood Impact s” as follows: ALCOHOL SERVICE 130 S&W Beach Hotel will apply for Alcoholic Beverage control Licensed Type 66 . Type 66 – CONTROLLED ACCESS CABINET PERMIT. This permit allows the sale alcohol in a locked cabinet in each suite. This permit is a common and expected amenity for luxury hotels. It allows guest s to enjoy an alcoholic beverage in the safety and comfort of their suite. Locked cabinet service allows S&W Beach Hotel to monitor and limit the amount of alcohol beverage in each room . This type of alcohol license is considered incidental to the hotel use and does not require a CUP. 20. Who will be the "allowed" users of the rooftop deck? The rooftop deck will be available for hotel guests and their guests. The rooftop deck is not accessible to the public due to the locking gates required to enter with a code provided upon registration. 21. What is the max number of people allowed by code on the rooftop deck? While the building code does not specify an occupant load for this type of use, the “rule of thumb” is one person for every 15 sq. feet. If The deck would allow a maximum 80 people based on 1,201 square feet proposed. 22. Has the Police Department weighed in on this application for beer/wine and alcohol sales at this property? YES, Police requested the Business Management Plan to Minimize Neighborhood Impacts (attached to report), including a security plan. 23. Please advise how the rooftop deck will be managed to prohibit use between 10pm-10am. The roof deck is required to be closed between 10:00 pm. and 8:00 a.m. Rooftop security cameras and onsite management visits will ensure compliance with the limited roof deck hours. 24. How will a "hotel guest" be defined? Municipal Code 3.32.020 (Transient Occupancy Tax) provides definition which applies to “hotel guest” "Transient" means: 131 1. Any person as defined in this section who exercises, for any period of time, occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement; or 2. Any individual who personally exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, for a period of thirty (30) consecutive calendar days or less. 25. Will there be an employee at the reception area on site daily from 8am - 10pm? No, though staff will be there often until the roof deck closes at 10:00 p.m., management staff will also be able to view roof deck and other hotel areas on security cameras and will also be available by phone at any time of day or night. The manager and hotel owners live in the neighborhood and will stop by to remind guests that the roof deck is closed if security cameras or site visits find guests still on roof deck at 10:00 p.m.. 26. The applicant narrative indicates that an additional 5 more employees will be hired - will these employees be onsite? The cleaning company will drop off daily cleaning staff and pick up staff when completed or according to schedule. One security guard may be on site during peak hours as needed. Respectfully Submitted by: Christy Teague, Senior Planner Attachments: 1. Ordinance 19-1935 Short Term Vacation Rentals in Commercial Zones 2. Ordinance 04-1239 Establishing In Lieu Fee Parking 3. CC Resolution and Conditions of Approval for 70-10th Street 4. CC Resolution 20-01 for Precise Development Plan with Conditions of Approval for Hotel Hermosa at 2515 Pacific Coast Highway 5. CC Resolution 20-02 for Parking Plan with Conditions of Approval for Hotel Hermosa at 2515 Pacific Coast Highway 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Page 1 of 26 RESOLUTION NO. 19-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A MOTEL PROJECT, THEREBY OVERTURNING THE PLANNING COMMISSION’S DENIAL OF PDP 19-2 AND PARK 19-2, AND APPROVING A REQUEST TO ALLOW A SIX-UNIT MOTEL PROJECT BY CONSTRUCTING A NEW THREE-STORY, DETACHED 2,744 SQUARE FOOT COMMERCIAL BUILDING CONTAINING FIVE UNITS, TO BE CONSTRUCTED BEHIND THE EXISTING 1,841 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH WILL BE CONVERTED TO AN ADDITIONAL MOTEL UNIT, AND APPROVING A PARKING PLAN TO ALLOW THE SIX-SPACE PARKING REQUIREMENT TO BE MET WITH FOUR ON-SITE SPACES (INCLUDING ONE TANDEM SPACE) PLUS PAYMENT OF FEES IN-LIEU OF PROVIDING THE TWO SPACES ON-SITE, ON A 4,023 SQUARE FOOT LOT IN THE C-2 (RESTRICTED COMMERCIAL) ZONING DISTRICT AT 70 10TH STREET; AND ADOPTING THE MITIGATED NEGATIVE DECLARATION. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. An application was filed by B&J Capital Investments on March 21, 2019, requesting approval of Precise Development Plan 19-2 to allow a six-unit motel project by constructing a new three-story, detached 2,744 square foot commercial building containing five units, to be constructed behind the existing 1,841 square foot single-family residence which will be converted to an additional motel unit, and a Parking Plan 19-2 to allow the six-space parking requirement to be met with four on-site spaces (including one tandem space) plus payment of fees in-lieu of providing the two spaces on-site, on a 4,023 square foot lot in the C-2 (Restricted Commercial) zoning district at 70 10th Street; and adoption of a Mitigated Negative Declaration. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 18, 2019 at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. The Commission expressed continued concerns with anticipated parking impacts by not providing enough parking spaces on-site for the motel use and ancillary registration office. The Commission continued the item to a later date and requested the applicants work on a design solution that would provide additional parking spaces or reduce the number of units thereby reducing the number of parking 146 Page 2 of 26 spaces required. SECTION 3. The applicants, after considering and discussing options and alternatives with staff, decided to maintain the previously proposed site layout, physical building design and number of motel units but removed the registration office. The applicants proposed supplemental operational adjustments and parking/vehicle reduction strategies as part of their second iteration of the project. SECTION 4. The Planning Commission conducted another duly noticed public hearing to consider the second iteration of the project with supplemental operational adjustments and parking/vehicle reduction strategies on August 20, 2019, at which time testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. During the deliberations on the project, the Planning Commission noted that they could not support the project based on there being too many motel units with not enough on-site parking and that nearby public parking supply is already strained and would not provide sufficient parking capacity for the project. At the conclusion of the hearing, the Planning Commission voted 4-1, to deny the project and adopted PC Resolution 19-14 that evening. SECTION 5. On August 27, 2019, the City Council, pursuant to Section 2.52.040 of the Municipal Code, initiated review of the Planning Commission decision. SECTION 6. Public notice was provided for the October 10, 2019 City Council hearing. However, Staff needed additional time to complete the report and was unable to attend the meeting, which had been moved from its regular date to Thursday night October 10, 2019. Therefore, staff requested the item be continued to the October 22, 2019 hearing and the City Council continued the item to the date certain. SECTION 7. The City Council of the City of Hermosa Beach conducted a duly noticed public hearing to consider the project on October 22, 2019, at which time testimony and evidence, both oral and written, was presented to and considered by the City Council. 147 Page 3 of 26 SECTION 8. All legal prerequisites to the adoption of this Resolution have occurred. SECTION 9. Pursuant to the California Environmental Quality Act, the City prepared a Mitigated Negative Declaration (MND) for the proposed project. The MND identified that potential impacts related to generation of excessive groundborne vibration or groundborne noise levels were potentially significant, but this impact was determined to be less than significant with a measure to ensure that vibration levels would be reduced if they reach a certain level and standard conditions of approval for this project. On May 23, 2019 a notice of intent to adopt a Mitigated Negative Declaration (filing number 2019144257) was recorded and published online on the Los Angeles County Clerk CEQA Notice page and notice to the public was provided on the City’s website the same day. The 20 day public review period began on May 25, 2019 and ended on June 6, 2019. No comments were received. A public hearing was held at the time of the Planning Commission’s consideration of the request on June 18, 2019 and August 20, 2019 and a public hearing was held at the time of the City Council’s consideration of the request on October 22, 2019. The use of heavy construction equipment has the potential to exceed allowable groundborne vibration levels. The adjacent residence to the west at 64 10th Street is a beach cottage constructed in 1914. Because of the age and historic significance of the existing structure on site and the adjacent structure, these nearby structures must be considered especially sensitive to vibration impacts. The proposed Mitigated Negative Declaration includes a monitoring and vibration reduction measure indicating, “During the periods of site preparation when heavy equipment (such as a 315 excavator and 953 track loader, or similar) will be in use, vibration levels at site’s western property line adjacent to the neighboring residential structure at 64 10th Street and at or near the southern foundation of the historic resource on site will be monitored by an acoustic engineer. The monitoring shall be performed by a registered enginee r of INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 001 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Director in the 148 Page 4 of 26 form of a memorandum prepared by the acoustic engineer in a timely manner.” A condition of approval is also included which provides specificity on how this mitigation measure must be implemented stating that “Prior to issuance of any type of construction-related permits, the developer shall provide evidence that a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring has been hired, and that the scope of work and frequency/availability of the engineer is adequate, to the satisfaction of the Community Development Director.” The Mitigated Negative Declaration prepared for this project reflects the City’s independent judgment and analysis. The City Council finds that, with implementation of the above-referenced measure which is hereby included as a condition of approval, there is no substantial evidence that the project would have a significant impact on the environment and finds the Initial Study and Mitigated Negative Declaration adequate and complete. The City Council hereby adopts the Mitigated Negative Declaration. The record of proceedings for this MND are maintained in the Hermosa Beach Community Development Department 1315 Valley Drive, Hermosa Beach CA 90254. On May 13, 2019 the City provided a courtesy notification letter to the Gabrieleno Band of Mission Indians – Kizh Nation Tribe advising them of the revised project at 70 10th Street (the tribe had been consulted on an earlier iteration of the same project). The only change to the project previously considered by the Tribe was to the project uses (from the previously proposed office and retail uses to the current proposed motel use). The construction activities and building and site design will be no different. On July 1, 2019 the Tribe agreed with concluding the consultation process for the revised project at 70 10th Street because they consulted on the initial 70 10th Street project and there is minimal change to the project uses (from the previously proposed office and retail uses to the current proposed motel use) and because the construction activities and building and site design will be no different. As such, the City Council adopts the Mitigated Negative Declaration. SECTION 10. General Plan Consistency: PLAN Hermosa, the City’s General Plan, was 149 Page 5 of 26 adopted by the City Council in August 2017. The project supports several PLAN Hermosa goals and policies that are listed below. The site is located within the Community Commercial (CC) General Plan land use area and the purpose is to provide opportunities and locations for uses designed to serve the shopping, dining, and employment desires of the entire community. Residential uses are not allowed in this designation as its intent is to promote and protect retail, office, and service uses that diversify the City’s tax base. The appropriate intensity range is between a Floor Area Ratio of 0.5 to 1.25. The site is also located within the Downtown District Character Area where the types of uses are to provide services and activities associated with the local beach culture to residents as well as visitors to the city. The intent of the Downtown District is to enhance the building form and orientation while specifically transforming the realm on Hermosa Avenue. Any new buildings should pay close attention to and contribute to the high quality pedestrian environment provided throughout Downtown. First floor street front businesses should include sales tax-generating commercial uses to promote lively pedestrian activity on Downtown streets. Development along Hermosa Avenue should conform to recommendations of the Downtown Revitalization Strategy to realize a town-scale Main Street environment that supports pedestrian activity and local serving commerce. Many of the unique buildings, streetscape features, and public spaces are iconic or historic in nature, and new buildings should be carefully integrated to retain the town’s eclectic charm. In addition, buildings should be two to three stories in height, cover most or all of the parcel, and may abut neighboring structures. Development should enhance the area’s role as a visitor destination by facilitating the development of boutique hotels (and motels) that provide specific benefits to the community. Once Downtown, walking and bicycling are the primary means for traveling around Downtown while vehicles are accommodated through consolidated parking lots and metered street parking. Downtown parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. The project will have a total Floor Area Ratio of 1.14, and the motel use is an appropriate use within the CC General Plan land use area and Downtown District and will provide overnight 150 Page 6 of 26 accommodations and employment opportunities for the entire community and visitors. The project is pedestrian-oriented with two of the six motel units provided on the ground floor level. The existing single-family residential structure will be retained and the new building will be carefully integrated to retain the town’s eclectic charm. The new building will be three stories in height and will directly abut the neighboring residences at 64 10th Street and 69 10th Court. Required parking is provided through a mixture of four on-site tuck-under spaces, with payment of fees in-lieu of providing the two parking spaces on-site. The project is conditioned to require a bicycle rack for at least eight bicycles be maintained on-site at all times and that a minimum of four shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. The project incorporates an electric vehicle charging station and designates an area on the roof for future solar panels. Additionally, the project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6) as adopted by the City of Hermosa Beach (HBMC Title 15). The project is consistent with the goals and the following policies of the General Plan: Land Use policies 1.5 (balance resident and visitor needs), 1.6 (scale and context), 1.7 (compatibility of uses), 1.9 (retain commercial land area),1.10 (transition between uses), 3.1 (unique districts), 5.1 (scale and massing), 5.2 (high quality materials), 5.5 (preservation and adaptive reuse), 5.6 (eclectic and diverse architecture), 6.6 (human scale buildings), 6.7 (pedestrian oriented design), 6.8 (balance pedestrian and vehicular circulation), 8.3 (land use regulations), 8.5 (new accommodations), 10.5 (adaptive reuse and sustainable development), Mobility Polices 3.3 (active transportation), 3.5 (incentivize other modes), 4.3 (reduce impacts), 4.5 (sufficient bicycle parking), 4.6 (priority parking), 4.8 (ensure commercial parking) and 8.4 (utilize alleys), and Sustainability and Conservation Policy 4.1 (renewable energy generation). As noted above, this proposal balances many of the competing interests at issue. The proposal retains and adaptively reuses the historic structure on the site, which in turn maintains the scale and harmony of the project with the surrounding neighborhood. The proposal also redevelops an underutilized and dilapidated property. The proposal has been reduced in size while still providing these other land use benefits. Therefore, the project is consistent with and implements 151 Page 7 of 26 the City’s long-term vision provided in the General Plan and the project allows the City to meet many of its goals. SECTION 11. Based on the testimony and evidence received, the City Council makes the following findings pertaining to the application for the Precise Development Plan pursuant to H.B.M.C. Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects: Two residential units are located immediately west of the subject property. The rear residence (69 10th Court) is located at the subject property’s west property line and the front residence (64 10th Street) is located approximately three feet from the subject property’s west property line. The proposed building is designed with the motel guest entrance/exits and covered walkways located along the east side of the building (Hermosa Avenue frontage) which are oriented away from nearby residential uses, and vehicular access is provided from 10th Court. Motels are permitted by right within the C-2 zone and all noise from the motel use operations will be contained within the fully enclosed building. Pursuant to HBMC Section 8.24.040, the City’s Noise Ordinance restricts commercial activities that are plainly audible from a residential dwelling unit’s property line from 10:00 p.m. to 8:00 a.m. daily. Lighting will be installed around the b uilding and is required to be downcast so to not disturb neighboring residential uses. The project is conditioned to require lighting be downcast and be non-disruptive to nearby uses. Lighting shall conform to HBMC Section 17.44.160(C). The existing single-family 1911 bungalow structure will be adaptively re-used as one of the motel units, and to maintain the historic integrity of the structure, no physical changes are proposed. The majority of the motel use will be conducted indoors, with the exception of the front porch which will be available to the guests of the motel’s single unit. The interior of the structure is being converted from three bedrooms to two bedrooms and the previously proposed 212 square foot ancillary registration office on the first floor will now be used as additional living room area. An off-site property management company will assist with concierge services and tenant check in and checkout. Daily cleaning services will be provided by an outside cleaning service whose employees will be dropped off and picked up. The motel units will be 152 Page 8 of 26 "smart units" where the renters will be able to access information and pay online. All units will be keyless entry. Therefore, negative impacts to existing residential uses are not anticipated. 2. The amount of existing or proposed off-street parking in relation to actual need: See SECTION 11 findings detailed below. 3. The combination of uses proposed, as they relate to compatibility: The subject site will contain a total of six motel units. The single-family residence will be converted to one of the motel units. Motels are permitted by right within the C-2 zone, and all noise from the motel use operations will be contained within the fully enclosed building. The on-site motel use is consistent with the surrounding mixture of commercial uses such as general and medical office, retail and restaurant uses. Therefore, adverse impacts are not anticipated. 4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area: The project will not introduce any hazards to mobility, as alterations to the surrounding streets are not proposed and the project’s proposed modifications will not impact emergency access to the site. Emergency access and fire lanes and ingress and egress points will be maintained in full compliance with the Building and Safety Code and Fire Code. The project does not propose any features or modifications to existing circulation facilities that would have the potential to conflict with transportation/mobility plans. Additional peak hour trips generated by the proposed project are expected to be two additional trips during a.m. and p.m. peak hours which is well below the standard threshold of significance of 50 trips during a peak hour, indicating the project does not have the potential to result in significant impacts related to the capacity of local or regional roads or intersections. Therefore, adverse impacts are not anticipated. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The new commercial building will be detached and located approximately six feet behind the existing on-site single-family residence. In doing so, the project will preserve the small scale character as viewed from 10th Street. Although the new building is not required to be compatible with the bungalow or the eligible historic district in 153 Page 9 of 26 scale or massing, it is important that the new building does not impact the integrity of the eligible 10th Street Beach Bungalow Historic District to the extent that the district would no longer be eligible for historic listing. Architectural treatments and design elements include painted lap siding, wood trim, wood picket railing, exposed rafter tails, masonry walls and covered and recessed walkways and balconies to provide a more pedestrian friendly streetscape. The elevator housing unit will exceed the 30-foot height limit by the minimum amount necessary to meet the California Building Code (approximately 3.66 feet) pursuant to HBMC Section 17.46.010 and will occupy less than 5% of the roof area (approximately 3.45%). No signage is currently proposed. The project is conditioned to require a sign permit for new signage at the subject site in conformance with HBMC Section 17.50. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools: The proposed building is designed with the motel guest entrance/exits and covered walkways located along the east side of the building (Hermosa Avenue frontage) which are oriented away from nearby residential uses. The project will maintain the existing vehicular access point provided by a driveway along the south alley (10th Court). The vehicular ingress/egress point is oriented to the south, across from an existing commercial building, where it is least impactful to nearby residences and will additionally limit impacts to street traffic on Hermosa Avenue. No new curb cuts are proposed and all on-street parking spaces will be preserved. No impacts are anticipated. The new building which abuts the Hermosa Avenue sidewalk will be recessed back approximately three to six feet and will contain covered walkways to provide a more pedestrian oriented frontage along Hermosa Avenue. 7. Noise, odor, dust and/or vibration that may be generated by the proposed use: The short duration of noise events generated during the anticipated 12-18 month construction period will temporarily result in increased ambient noise levels, but will not significantly impact the ambient noise environment over the long term or for a significant period of time. Compliance with the City’s Noise Ordinance will effectively ensure that the project does not exceed adopted standards and successfully avoids significant construction-related temporary noise impacts. Motels are permitted by right within the C-2 zone, and all noise from the motel use operation will be contained within the fully enclosed building, with the exception of the front porch (fronting 154 Page 10 of 26 along 10th Street) which will be available to the guests of the motel’s single unit. The interior of the structure is being converted from three bedrooms to two bedrooms and the previously proposed 212 square foot ancillary registration office on the first floor will now be used as additional living room area. An off-site property management company will assist with concierge services and tenant check in and checkout. Daily cleaning services will be provided by an outside cleaning service whose employees will be dropped off and picked up. The motel units will be "smart units" where the renters will be able to access information and pay online. All units will be keyless entry. As such, significant noise impacts from the long-term operations are not anticipated. The use of heavy construction equipment has the potential to exceed allowable groundborne vibration levels. The adjacent residence to the west at 64 10th Street is a beach cottage constructed in 1914. Because of the age and historic significance of the existing structure on site and the adjacent structure, these nearby structures must be considered especially sensitive to vibration impacts. The Mitigated Negative Declaration requires compliance with a mitigation measure requiring that, “During the periods of site preparation when heavy equipment (such as a 315 excavator and 953 track loader, or similar) will be in use, vibration levels at site’s western property line adjacent to the neighboring residential structure at 64 10th Street and at or near the southern foundation of the historic resource on site will be monitored by an acoustic engineer. The monitoring shall be performed by a registered engineer of INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 001 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Director in the form of a memorandum prepared by the acoustic engineer in a timely manner.” The project is conditioned to require the applicant submit a demolition and construction management plan for review and approval by the City Building Official at time of Building Permit submittal. The project is also conditioned to require the applicant to hold a pre- demolition/ construction meeting. 155 Page 11 of 26 HBMC Section 8.12 requires adequate solid waste collection and disposal facilities for all developments. A minimum four cubic yard roll off container is needed for the six- unit motel use. A fully enclosed trash enclosure with a roof will be provided along the west side of the existing structure where the container can be rolled to the edge of the property along 10th Street. Although that space is not large enough to meet the minimum dimensions for a standard or compact parking stall, the area has been informally used to park vehicles, such as a golf cart. The applicant proposes to provide parking spaces for two neighborhood electric vehicles (golf carts) at the northwest corner of the property with one vehicle provided on-site for motel guests. The project is conditioned to require the area be adequately signed to limit parking to two tandem neighborhood electric vehicle spaces and that the applicant provide one vehicle on-site for motel guests. Therefore, with implementation of the mitigation measure and various conditions of approval, adverse impacts are not anticipated. 8. Impact of the proposed use to the city’s infrastructure, and/or services: The existing site has available utilities and services. The site has historically been occupied by a residential use. The City’s Public Works Department has confirmed that that adequate capacity exists to provide utilities for the proposed development. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms: An Initial Study and Mitigated Negative Declaration was prepared to analyze the proposed project. The Initial Study/Mitigated Negative Declaration determined that, with implementation of one mitigation measure (included as a condition of approval within this resolution), the project will not result in any significant environmental impacts. 10. Other considerations that, in the judgment of the Planning Commission, or City Council on reconsideration, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project is conditioned such that upon final approval of the Precise Development Plan the property owner shall be required to file with the City of Hermosa Beach the necessary business license for the motel use and file the transient occupancy tax (TOT) reports and payments with 156 Page 12 of 26 the City of Hermosa Beach. The applicants propose to install an electric vehicle charging station and the adjacent parking space will be non-exclusive and may be occupied by a non-electric vehicle. In addition, an area on the roof has been designated for future solar panels. The size and quantity of panels will be determined at time of plan check and are subject to a separate permit. Additionally, the project will comply with the current edition of the California Building Codes, including the Green Code (Title 24 Part 11) and Energy Code (Title 24 Part 6 ) as adopted by the City of Hermosa Beach (HBMC Title 15). The project energy consultant will prepare calculations to illustrate compliance with the minimum standards to meet code. The California Building Codes and Green and Energy Codes require installation of building insulation, energy windows, occupancy/vacancy sensors on outlets and light fixtures, motion sensor light fixtures within stairways, energy efficient light fixtures (LED or florescent) throughout the interior and exterior and require compliance with mandatory star rated energy efficient mechanical systems, appliances, and electronics such as televisions to ensure no wasteful, inefficient, or unnecessary energy consumption. Therefore, the project will not result in wasteful, inefficient or unnecessary consumption of energy. While the proposal is not perfect due to limited space for parking on this constrained site, this proposal balances so many of the competing interests at issue here. The proposal retains and adaptively reuses the historic structure on the site, which in turn maintains the scale and harmony of the project with the surrounding neighborhood. The proposal also redevelops an underutilized and dilapidated nonconforming property. The proposal has been reduced in size while still providing these other land use benefits. SECTION 12. Based on the testimony and evidence received, the City Council makes the following factual findings pertaining to the application for a Parking Plan pursuant to HBMC Section 17.44.210: A Parking Plan is requested to allow the six-space parking requirement to be met with four on- site spaces (including one tandem space) plus payment of fees in-lieu of providing two parking spaces on-site. 157 Page 13 of 26 HBMC Section 17.44.210 provides that a Parking Plan may be approved to allow for a reduction in the number of spaces required. The proposal is to allow this reduction both through payment of fees in-lieu of providing all required spaces on-site and for use of a tandem parking space to count towards required parking. Pursuant to HBMC Section 17.44.210 “The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter.” Factors such as the following shall be taken into consideration: van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multi-tenant buildings, and other methods of reducing parking demand. The property is located within the Downtown District where the General Plan emphasizes and supports the following parking design goals: A park-once district that allows centralized, shared parking facilities providing pedestrian connections at multiple destinations; and parking should be provided off-site through public or private shared parking facilities, with any on-site parking situated to the rear of the buildings and/or hidden and screened. General Plan Mobility Goal 4 aims to provide innovative parking supply solutions which will be used to provide a variety of services tailored to different users in addition to adopting policies that will incentivize targeted business and commercial development of shared parking solutions. Policy 4.1 aims to facilitate park-once and shared parking policies among private developments that contribute to a shared parking supply and interconnect with adjacent parking facilities. HBMC Section 17.44.040(E) pertaining to in-lieu parking explicitly states “When the city council provides for contributions to an improvement fund for a vehicle parking district in lieu of parking spaces so required, said in-lieu fee contributions shall be considered to satisfy the requirements of this chapter.” This reflects an agreement with the Coastal Commission as part of our certified Coastal Land Use Plan (LUP) (certified in 1981 and amended as recently as 2004), establishing an approved program for payment of fees in-lieu of providing all required parking 158 Page 14 of 26 on-site. The basic concept is to allow for the development of smaller properties in the downtown where it is not possible or not practical to provide all required parking on-site. Currently the fee amount is $28,900 per required parking space not provided on-site. The fee was established by resolution of the City Council and was based on an appraisal completed in July 2006. The in-lieu funds are used to mitigate increased parking demand. The threshold limit was established at 100 parking spaces in 1982 and the City has not yet reached this threshold. To date, the City has approved and collected payment of fees in-lieu for 66 parking spaces. If the applicant’s request to pay fees in-lieu of providing the two parking spaces on-site is approved then the City’s inventory of available in-lieu spaces will be reduced to 32. Once the City reaches the 100 space threshold additional parking must be constructed or, no additional in-lieu parking may be authorized. The following is a list of the largest in-lieu parking requests approved by the City to date. ● 20 spaces at 1301 Hermosa Avenue; ● 16 spaces at 906-910 Hermosa Avenue; ● 13 spaces at Pier Plaza; ● 7 spaces at 1429 Hermosa Avenue; ● 5 spaces at 51 Pier Avenue; and ● 5 spaces at 117 Pier Avenue. Motels require one space for each unit. The proposed project will consist of six motel units which requires a total of six parking spaces. HBMC Section 17.44.040 (E) 2.b. requires building sites, where buildings will exceed a 1:1 gross floor area to building site area ratio, to provide a minimum of 25% of the required parking on-site with the remaining required parking authorized to be paid through fee in-lieu contributions with approval of a Parking Plan. In addition, a minimum of two parking spaces (25% of six spaces) must be provided on-site, and the proposal is that four parking spaces (66.67%) be provided on-site. The proposed parking is sufficient to satisfy parking demand during peak periods especially with the proposed parking reduction strategies. The applicant also requests the use of one tandem parking space as a method to provide required parking that is planned to be managed through discount pricing for the tandem 159 Page 15 of 26 space and coordination with off-site management. The motel will provide the following operational adjustments and parking/vehicle reduction strategies:  Provide two on-site neighborhood electric vehicles,  Require that two vehicle free units be provided whenever the property is more than 65% occupied,  Provide discounts for all occupants that are vehicle free,  Remove the ancillary registration office/concierge room,  Contract with a local real estate broker and property management firm and local cleaning service offering drop-off and pick-up of cleaning staff, and  Require keyless entry for all rooms (which reduces the need for 24-hour on-site registration staffing). The City’s Parking and Traffic consultant provided that peak parking demand for motel uses typically occurs during overnight hours from 9:00 p.m. to 10:00 a.m. daily. Motel uses have peak times which coincide with times of the week where public parking is more available when compared to general retail and office uses. The nearest public surface parking lot, which contains 130 parking spaces, is located approximately 1 block (300 feet) away at 1101 Hermosa Avenue (Lot A) . Lot B contains 37 parking spaces and is located north of 13th Court; between Hermosa Avenue and Beach Drive, and is approximately two and a half blocks (750 feet) away. The public parking structure containing 261 parking spaces located at 13th Street and Hermosa Avenue (Lot C) is located approximately 3 blocks (900 feet) away. The overall public parking lot occupancy for Lots A, B and C is between 79% to 95% during weekday evenings and weekend afternoons. Public parking spaces are provided throughout the Downtown, which is located within Zone 2 of the Coastal Zone public parking supply (between 16th Street and 8th Street and as far east as Ardmore Avenue). In Zone 2, through a combination of public parking lots and metered street parking spaces, occupancy rates range between 51% and 62% during weekday evenings and weekend afternoons. Alternative transportation options for motel occupants which may provide parking relief, include 160 Page 16 of 26 ride sharing services (Uber and Lyft) and bus lines 130 and 109 which have stops along Hermosa Avenue. The Parking Analysis conducted for the proposed Strand and Pier Hotel project (11 and 19 Pier Ave., 1250 and 1272 The Strand, and 20, 30, and 32 13th St.), indicated through traffic counts for the Beach House Hotel (containing 96 rooms) that during the Friday evening peak hour (June 23, 2017), there were 12 Uber/Lyft trips (approximately 35% of the total trips) which suggests that a large portion of motel guests may arrive via Uber/Lyft. Additionally, the applicant has proposed special rates for carless visitors and the location is ideal of guests to walk to many local amenities, including the beach, restaurants and other activities. A bicycle rack accommodating eight bicycles will be located near the southeast corner of the existing structure. The project is conditioned to require that a bicycle rack, for at least eight (8) bicycles, be maintained on-site at all times and that a minimum of four (4) shared bicycles be provided on-site for motel guests and that the motel promote their availability when making reservations online. Given the site constraints, fees in-lieu of parking are appropriate and parking reduction measures offered by the applicant further support that the project is adequately parked and the parking plan should be approved. As such, the applicant has demonstrated to the City Councils’ satisfaction that adequate parking will be provided and in conjunction with the in-lieu fee, justify approval of the Parking Plan to allow the six-space parking requirement to be met with four on-site spaces (including one tandem space) plus payment of fees in-lieu of providing the two parking spaces on-site. SECTION 13. Based on the foregoing, the City Council hereby overturns the Planning Commission’s decision to deny the project and approves the proposed Precise Development Plan 19-2 and Parking Plan 19-2 subject to the following Conditions of Approval: 1. The project consisting of a six-unit motel development shall be substantially consistent with plans and application submitted and approved by the City Council on October 22, 2019, as modified per subsection 1a-h to the satisfaction of the Community Development Director 161 Page 17 of 26 and consistent with this approval. The Community Development Director shall review and may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval, provided that the use is not changed, intensity of use is not increased and the arrangement of space would not increase negative impacts. Any substantial deviation, changes to the floor plan, site plan, or building exterior which alter the primary function of the use as a motel shall be subject to review and approval by the Planning Commission. a. The front northwest corner of the property, west of the historic structure, shall be dedicated and adequately identified with surface paint as well as vertical (building or pole mounted) signage to accommodate parking spaces for two (2) tandem neighborhood electric vehicles (golf carts) on-site, to the satisfaction of the Community Development Director. b. At least one (1) neighborhood electric vehicle shall be provided on-site for motel guests. c. The previously proposed 212 square foot ancillary registration office/concierge room shall be used as additional living room area. d. Two vehicle-free units shall be provided whenever the property is more than 65% occupied (four units may utilize vehicles & two units shall be vehicle free). e. Discounts shall be provided for all occupants of the motel that are vehicle free. f. A local off-site property management firm shall be utilized to provide services to guests and to maintain the welfare of the residents, and/or commercial and residential establishments nearby. g. An off-site local cleaning service shall provide all cleaning services and employees shall solely be dropped off and picked up. h. All motel units shall be keyless entry “smart units”. 2. Prior to the submittal of structural plans to the Building Division for Plan Check the permittee and the owners of the property involved shall file at the office of the Planning Division of the Community Development Department an Affidavit of Acceptance stating that they are aware of, and agree to and accept, all of the conditions of this permit. The permittee shall record with the Los Angeles County Recorder’s Office the Affidavits of 162 Page 18 of 26 Acceptance and Resolution(s), and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 3. Upon final approval of the Precise Development Plan and Parking Plan the property owner shall file with the City of Hermosa Beach the necessary business license for the motel use and file the transient occupancy tax (TOT) reports and payments with the City of Hermosa Beach. 4. Prior to the final of building permits, the applicant shall submit to the Community Development Director for review and approval a business management plan that includes the following: a. Identify all reasonably prudent business practices that the owner or owner’s authorized agent will use to ensure that occupants and/or guests will occupy the motel in a manner that complies with all applicable laws, rules, regulations, and permits. b. Identify all reasonably prudent business practices to ensure that the occupants and/or guests of the motel do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the motel. Upon notification that any occupant or guest of the motel has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable, law, rule or regulation pertaining to the use and occupancy of the motel, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. c. Provide the name, address and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff and other motel guest calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the motel or their 163 Page 19 of 26 guests and if directed by City staff, to personally proceed on-site within thirty (30) minutes from the call to resolve the problem. d. Identify all reasonably prudent business practices to ensure that the motel is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. 5. Prior to occupancy of a room within the motel, the owner or the owner’s authorized agent shall obtain the contact information of the renter. This shall include name, address, phone number, and email. This information shall be maintained by the owner or the owner’s authorized agent for a period of one year and be made available upon request to any officer of the City responsible for the enforcement of any provision of the municipal code or any other applicable law, rule or regulation pertaining to the use and occupancy of the motel. 6. The applicant shall obtain and provide evidence to the Community Development Director of an approved Coastal Development Permit prior to issuance of the building permit. 7. In order to compensate for a lack of required parking on-site, the applicant shall contribute fees to the City’s parking improvement fund in-lieu of the additional required two (2) parking spaces, as set forth in HBMC Section 17.44.040(E) of the Zoning Ordinance, at the amount of $57,800 as set forth by resolution of the City Council. The payment of fees in- lieu of required parking shall be made prior to issuance of building permits. 8. The motel shall provide four parking spaces on-site at all times. a. The parking lot shall be designed and striped in compliance with HBMC Chapter 17.44. b. The parking lot shall be fully available for and limited to motel guest parking during all hours of operation. 9. A bicycle rack for at least eight (8) bicycles shall be maintained on-site at all times. 164 Page 20 of 26 a. A minimum of four (4) shared bicycles shall be provided on-site for motel guests and the motel shall promote their availability when making reservations online. 10. Prior to issuance of any type of construction-related permits, the developer shall provide evidence that a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer with expertise in vibration monitoring has been hired, and that the scope of work and frequency/availability of the engineer is adequate, to the satisfaction of the Community Development Director. 11. During the periods of site preparation when heavy equipment is used (such as a 315 excavator and 953 track loader, or similar), vibration levels at the project site’s western property line adjacent to the residential structure at 64 10th Street and at or near the southern foundation of the historical residence on-site, shall be monitored by an acoustic engineer. The monitoring shall be performed by a registered engineer or INCE (Institute of Noise Control Engineering) certified engineer, with expertise in vibration monitoring. In the event that vibration is found to exceed the perceptibility threshold of 0.01 inches per second, the methods and/or equipment used on-site shall be immediately modified to reduce vibration below the 0.01 level. Results of the acoustic monitoring and associated avoidance methods, if any, shall be provided to the Community Development Department in the form of a memorandum prepared by the acoustic engineer in a timely manner. 12. Architectural treatments and accessory facilities shall be as shown on building elevations, site and floor plans. Precise building height compliance shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. 13. The elevator housing unit shall be subject to Hermosa Beach Municipal Code Section 17.46.010 and shall occupy no more than 5% of the total roof area. 14. 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) 165 Page 21 of 26 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. 15. Lighting for signage must be downcast and non-disruptive to nearby uses and compliant with HBMC Section 17.50 (Signs). 16. A sign permit shall be obtained for new signage at the subject site in conformance with HBMC Section 17.50. 17. A trash enclosure facility with roof, capable of accommodating a minimum four-yard roll off container shall be located along the west side of the existing structure, subject to review and approval of the Community Development Director. 18. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 19. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance HBMC Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. 20. The establishment shall not adversely affect the welfare of the residents, and/or commercial and residential establishments nearby. 21. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44) and install permeable surfaces in the parking lot and other non-landscaped areas to the maximum extent feasible. If providing water-permeable surfaces on at least 50% of exterior surface area is not feasible and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of runoff produced by a 0.80 166 Page 22 of 26 inch twenty-four (24) hour rain event, then the applicant shall infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall designate the exact location of the subsurface infiltration system, the applicant shall enter into a maintenance agreement with the City (prior to final map approval) for the ongoing infiltration, and provide a surety bond to the City to guarantee that on-site, subsurface infiltration is achieved. The amount of the bond shall be determined by the Building Division. All other drainage shall be routed to an off-site facility or on-site permeable area approved by the City. To the extent possible, a portion of roof drainage shall be routed to on-site permeable areas. No drainage shall flow over any driveway or sidewalk. Low Impact Development calculations and documentation such as Appendix D and E of the Storm Water LID Guidelines must be submitted to the Public Works Department at time of grading and plan check along with an erosion control plan. 22. If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property owner(s) shall record an agreement to assume the risk associated with use and operation of said sump pump, release the City from any liability, and indemnify the City regarding receipt of surface waters from the property. The recorded agreement must be filed with the City prior to issuance of the Certificate of Occupancy. 23. 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. 24. 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. 25. The project shall maintain in conformance with all other applicable regulatory agency requirements and standards, including but not limited to: Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 167 Page 23 of 26 26. The applicant shall submit a demolition and construction management plan (and shall hold a pre-demolition/construction meeting) for review and approval to the City Building Official at time of Building Permit submittal. a. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. b. The form of the notification shall be provided by the Planning Division of the Community Development Department. c. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. d. Project construction shall conform to the Noise Control Ordinance requirements in Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at construction site. e. During construction traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 27. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 28. Civil engineering plans shall be prepared by a licensed civil engineer and conceptually approved by the Public Works Department prior to submitting an application for Building Permits. Complete civil engineering plans shall address grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the Municipal Code and Public Works specifications and shall be filed with the Community Development Department. 168 Page 24 of 26 29. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 30. 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. 31. 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. 32. 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. 33. Exterior and interior water use shall comply with HBMC Chapter 8.56. 34. 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. 35. The Planning Commission may review this Precise Development Plan and 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 Precise Development Plan. 169 Page 25 of 26 36. Approval of this permit shall expire twenty-four (24) months from the date of approval by the City Council, 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 13. 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 an Affidavit of Acceptance stating that they are aware of, and agree to and accept, all of the conditions of this permit. The Precise Development Plan and Parking Plan shall be recorded with the Affidavit of Acceptance, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall 170 Page 26 of 26 not relieve the permittee of any obligation under this condition. SECTION 14. 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. SECTION 15. Based on the foregoing, the City Council hereby APPROVES Precise Development Plan 19-2 and Parking Plan 19-2, overturning the Planning Commission’s denial, and approving the project. SECTION 16. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted; and shall transmit a copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 22nd day of October, 2019. ____________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ___________________________________ _____________________________ City Clerk City Attorney 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0371 Honorable Chair and Members of the Hermosa Beach Planning Commission Adjourned Meeting of June 22, 2020 CUP 20-5- Conditional Use Permit request for a fitness studio (assembly hall) at 200 Pier Avenue, Suite 221(Shad Hart Fitness) and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). Applicant: Recommended Action: Adopt the attached resolution approving the Conditional Use Permit for a fitness studio (assembly hall) use located at 200 Pier Avenue, Suite 221 (Shad Hart Fitness) and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Background ZONING:SPA-11 Specific Plan Area No. 11 GENERAL PLAN:CC- Community Commercial Land Use & Downtown Character Area EXISTING USE:Previously vacated office, current office use with fitness consultations PROPOSED USE:306 sq. ft. fitness studio (assembly hall) with ancillary office BUILDING AREA:18,000 sq. ft. commercial building complex (4 buildings containing 53 units) PARKING PROVIDED:54 parking spaces for 53 units ENVIRONMENTAL DETERMINATION:Categorically Exempt, Section 15301(a), Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure and involves only minor alterations to the structure. On May 7, 2020 the applicant, Shad Hart, filed an Conditional Use Permit (CUP) application request to operate a health and wellness fitness studio at 200 Pier Avenue (Suite 221), within a multi-tenant commercial building. Located within the Downtown Character Area, the subject building is located mid-city, on the south side of Pier Avenue between Manhattan Avenue and Bayview Drive. The property contains an 18,000 square foot commercial building complex containing four buildings which are connected by a central parking structure. There are 53 units measuring approximately 340 square feet per unit. The subject tenant space (unit 221) is located on the northeast corner of the second story and was previously occupied by an office use, Harmon & Associates, a design/consulting business which occupied the space from July 2002 to June 2014. City of Hermosa Beach Printed on 2/20/2024Page 1 of 7 powered by Legistar™189 Staff Report REPORT 20-0371 While in process with the CUP application to authorize the fitness (assembly hall) use, the applicant obtained an interim Business License from the City which allows online fitness consulting and office services with no physical fitness occurring in the business suite. The proposed business, Shad Hart Fitness, is a small 306 square foot health and wellness fitness studio whose purpose is to help clients improve strength, balance, mobility and nutrition. The business will provide mobility and exercise instruction and training. The studio includes a small fitness studio with an ancillary office area and a bathroom. Analysis The project site is located in SPA-11 (Specific Plan Area No. 11) zone which is located along upper Pier Avenue, to the east of Hermosa Avenue and to the west of Valley Drive and is designated as part of the Downtown Character Area. Uses in the SPA-11 zone should support pedestrian activity should be prominent, including day time uses that serve the local residents and community. The PLAN Hermosa General Plan designates the area as Community Commercial (CC). This designation provides space for locally oriented commercial uses including retail stores, restaurants, professional and medical offices, and personal services. Pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.38.540, the proposed fitness studio (assembly hall use) requires a Conditional Use Permit (CUP) in the SPA-11 zone as stated in the use list for an “assembly hall.” The HBMC defines an assembly hall as any building, or portion of a building, used for public or private gatherings. For example, and without limitation, “assembly hall" includes convention/meeting halls, business schools, funeral homes, gymnasium/health and fitness centers, educational institutions (K-12), game arcades with five (5) or more machines, miniature golf courses, large day spas, movie theaters, museums, music academies, religious institutions, and skating rinks, whether available for public or private use. CUP Criteria, Conditions and Standards HBMC Section 17.40.020 establishes the criteria, conditions, and standards for reviewing, granting, and amending CUPs in order to reduce the potential for adverse secondary land use impacts. In considering the granting of any CUP for any use, the following criteria for granting said permit shall be considered: 17.40.020 General criteria for all uses A.Distance from existing residential uses: The nearest residences are multi-family residential buildings southeast and across the 20-foot wide alley to the proposed fitness studio. The nearby residential buildings are in the R-3 (Multiple-Family Residential) zone. Conditions of approval are included in the draft resolution to reduce potential noise and vibration impacts to nearby uses, including maintaining sound dampening materials in the studio, requiring doors and windows to be closed during operating hours, requiring that the building be equipped with air conditioning, prohibiting weight dropping and requiring that any noise emanating from the property complies with the City's Noise Ordinance. City of Hermosa Beach Printed on 2/20/2024Page 2 of 7 powered by Legistar™190 Staff Report REPORT 20-0371 B.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The fitness studio will occupy 306 square feet of the multi-tenant commercial building. The existing commercial building was approved by the City in 2004 (CC Resolution 04-6364 attached) and was later amended through the Coastal Commission Development Permit in 2005 (attached). The Coastal Commission approved a reduction in floor area from 18,648 sq. ft. to 17,979 sq. ft., a reduction in units from 54 to 53 units and a reduction in parking spaces from 56 to 54 spaces. At time of approval, the project was required to comply with the Downtown District Parking Standards contained within HBMC Section 17.44.040 which required three parking spaces per every 1,000 square feet of floor area. This specific code section was part of a temporary program with the Coastal Commission and is no longer in use. The site supplies 54 parking spaces for the approximately 18,000 square foot commercial building and is considered legal non-conforming to parking requirements. City code allows for changes in use that do not require additional parking. The current parking requirement for a fitness studio falls under the category of a smaller gymnasium/health and fitness center, as follows: a.Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. The parking ratio for the proposed 306 square foot fitness studio with no more than one client at a time is the same as that required for the previous office use. Therefore, based on parking requirements, the parking demand will not be intensified for the proposed fitness studio. All parking is required to be shared amongst the occupants and patrons of the building and parking spaces must not be assigned for exclusive use by any owner, occupant, or tenant. A limited number of spaces are allowed to be assigned for short term parking for delivery couriers and short term visitors. C.Location of and distance to churches, schools, hospitals and public playgrounds: Noble Park, located at 14th Street and The Strand, is the nearest of these types of sensitive receptors at approximately 840 feet west of the project site. Due to the distance and characteristics of a fitness studio, the proposed use is not anticipated to have adverse effects on Noble Park. Conditions of approval have been added to the draft resolution to mitigate potential impacts and it is unlikely that the proposed use will affect similar sensitive receptors in the vicinity. D. The combination of uses proposed: The 306 square foot fitness studio will be located with an 18,000 square foot multi-tenant commercial building containing a mixture of retail, office, and personal service businesses. The proposed use, as conditioned, is anticipated to have minimal impacts on the surrounding commercial or residential uses or buildings. Noise and vibration impacts and mitigations are detailed further in criteria I below, while parking is detailed in criteria B above. City of Hermosa Beach Printed on 2/20/2024Page 3 of 7 powered by Legistar™191 Staff Report REPORT 20-0371 E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: In order to assure compatibility with surrounding uses, the business owner/applicant proposes to provide one-on-one training only with the maximum number of people in the studio at one time being three people. There is only one employee/instructor and the only time more than one person (other than the instructor) would be in the studio at the same time is when training a minor. If providing training to a minor the applicant requires a parent/supervisor to be present. This is an appointment based business only and no walk-ins are accepted. These precautions are intended to minimize impacts related to noise and vibration. Conditions of approval are included to ensure these precautions are maintained throughout the life of the operation and, as conditioned, it is anticipated that the proposed establishment will be compatible with existing surrounding uses. Noise and vibration impacts are detailed further in criteria I below. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: The proposed 306 square foot fitness studio proposes to accommodate up to three people at a time. The required parking ratio is similar to the previous office use in the building. Therefore, the parking demand will not be intensified for the proposed fitness studio. Pier Avenue is classified as a minor arterial street designed to carry large volumes of traffic. The adjacent alley (Bayview Drive) is considered an alleyway to provide access to private properties, including parking spaces and garages. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: There are no exterior façade modifications proposed with this request. Any proposed signage will require a separate sign permit application and conform to the HBMC Section 17.50 for Signs. The existing commercial building is compatible with existing buildings and establishments in the area. H. The number of similar establishments or uses within close proximity to the proposed establishment: Shad Hart fitness will join other nearby fitness focused businesses all varying from Beyond Bikram at 518 Pier Ave, Pilates Place at 555 Pier Ave, True North Cryo at 507 Pier Ave, Pilates Angel at 200 Pier Ave (Suite 140), The Yard Fitness Center at 1106 Hermosa Ave, The Bar Method at 1221 Hermosa Ave (Suite 200), SoHo Yoga at 1242 Hermosa Ave, White House Pilates at 1332 Hermosa Ave (Suite 4), and Brennan Combat Sports at 1332 Hermosa Ave (Suite 9) within Hermosa Beach. Due to the limited size and type of the proposed business, there are no anticipated negative impacts from the number of similar establishments or uses within close proximity to the proposed businesses. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: This business intends to operate 8:00 A.M. to 7:00 P.M., Monday through Saturday. The City of Hermosa Beach Printed on 2/20/2024Page 4 of 7 powered by Legistar™192 Staff Report REPORT 20-0371 proposed fitness use does not operate on Sundays. However, cleaning and limited office use may occur on Sundays. The latest appointment is 6:00 P.M. (on Wednesdays and Thursdays) with the appointment ending at 7:00 P.M. Although the applicant does not intend to operate on Sundays or beyond 7:00 P.M., staff recommends that the project be conditioned to authorize hours of operation to between 8:00 A.M. and 10:00 P.M. daily to allow future flexibility for the proposed business and future businesses that may operate under this CUP. Business will be conducted within business hours which are consistent with the City’s Noise Ordinance, no earlier than 8:00 A.M. and no later than 10:00 P.M. Monday through Sunday. Instruction will include fixtures and equipment such as a balance/stretch bar/rail, pull up bar, drop down stretch table, elastic band equipment, stretch equipment, exercise balls, foam roller, free weights storage, a bench, and the foam mat for video/recording of exercise demonstrations. The business provides two inch thick foam mats (IncStores Roll out matting) which covers half of the floor. The entire floor is covered in a sound dampening/Anti Vibration flooring system. The business will not provide any televisions but does utilize one small bluetooth speaker from which to play music at a normal office level. In addition, the business already has a weight dropping clause in their lease with the building. Although the business proposes no more than three people in the studio at any one time, HBMC Section 17.44.030.E.11.a authorizes class/instruction sizes to not more than 20 clients/students at any one time. The City’s Building Official reviewed the floor plan and use and based on the limited size of the space and there being two exits, the recommendation is that up to 10 occupants is appropriate and a safe number of occupants in an emergency. Therefore, the project is conditioned such that “The maximum occupancy for the studio at any one time shall not exceed 10 occupants, which is less than and consistent with the intent of HBMC Section 17.44.030.E.11.a for limited instruction. The building has existing air conditioning and ventilation, which facilitates keeping all doors and windows closed. Conditions of approval are included in the resolution to ensure compatibility of the proposed use with surrounding uses, such as closing the doors and windows during operating hours, prohibiting weight dropping, complying with the City's Noise Ordinance, and limiting all activities to be conducted within the building. The proposed fitness studio (assembly hall) use, as conditioned, is not anticipated to create adverse impacts. J. Impact of the proposed use to the city’s infrastructure, and/or services: The existing building is adequately served by the various utility companies, infrastructure and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. K. Will the establishment contribute to a concentration of similar outlets in the area: There are nine other fitness focused businesses located within the surrounding area. Fitness studios support the Hermosa Beach health and fitness goals and policies of PLAN Hermosa. City of Hermosa Beach Printed on 2/20/2024Page 5 of 7 powered by Legistar™193 Staff Report REPORT 20-0371 Due to the limited size and type of the proposed business, there are no anticipated negative impacts from a concentration fitness based businesses. L. Other considerations that, in the judgement of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The applicant is certified from the International Sports Science Association (ISSA) and carries certifications in physical therapy, movement therapy and sports performance. All certifications are current. The business is also a Blue zone business focused on providing health and wellness awareness to the community which supports the Hermosa Beach health and fitness goals and policies of PLAN Hermosa. Environmental Determination: The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301(a),Class 1 Exemption,Existing Facilities because the proposal pertains to an existing structure and involves only minor alterations to the interior of the structure,such as interior fixtures and treatments and portable furniture and equipment.There will be no changes to the exterior of the building.Moreover,none of the exceptions to the Categorical Exemption apply nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time,or have a significant effect on the environment due to unusual circumstances,or damage a scenic highway or scenic resource within a state scenic highway.The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. General Plan Consistency: The proposed establishment is located within the Community Commercial (CC) General Plan land use area. The Community Commercial designation is described as locally-oriented uses including retail stores, restaurants, professional and medical offices, and personal services. The Community Commercial designation is found in many centralized locations throughout the community primarily along the city’s major corridors and in Downtown. Community Commercial land uses also serve the needs of visitors and residents of nearby jurisdictions. The site is located within the Downtown Character Area. The intent of the Downtown Character Area is to promote and protect retail, office, and service uses that diversify the City’s tax base. Offices and personal service uses are encouraged on upper floors. The proposed use implements the following PLAN Hermosa goals and policies: Community Governance policies 5.1 Residential and commercial compatibility, 5.7 Visitor and resident balance, 6.5. Creative economy; and Land Use and Design policies 1.3 Access to daily activities, 1.5 Balance resident and visitor needs, 1.7 Compatibility of uses, 1.9 Retain commercial land area,13.2 Social and health needs, 13.4 Private health uses, and 13.6 Connecting health and land use. Summary Based on the analysis above, the proposed fitness studio (assembly hall) use located at 200 Pier Avenue, Suite 221 (Shad Hart Fitness), as conditioned, is consistent with the Hermosa Beach Municipal Code and PLAN Hermosa. Staff recommends the Planning Commission adopt the attached resolution approving CUP 20-5, and determine that the project is categorically exempt from City of Hermosa Beach Printed on 2/20/2024Page 6 of 7 powered by Legistar™194 Staff Report REPORT 20-0371 the California Environmental Quality Act (CEQA). Attachments: 1. Proposed Approval Resolution for CUP 2. Applicant Submittal- Business Narrative. Floor Plan and Photos 3. Zoning Map and Aerial Photo 4. Legal Posters and Radius Map 5. Public Comments 6. Public Comments, added 6-16-20 Respectfully Submitted by: Nicole Ellis, Associate Planner Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 2/20/2024Page 7 of 7 powered by Legistar™195 1 P.C. RESOLUTION 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP 20-5) FOR A FITNESS STUDIO (ASSEMBLY HALL) USE LOCATED AT 200 PIER AVENUE, SUITE 221 (SHAD HART FITNESS), HERMOSA BEACH, CA; AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Shad Hart seeking approval of a CUP for a fitness studio (assembly hall) use located at 200 Pier Avenue, Suite 221 (Shad Hart Fitness). SECTION 2. The Planning Commission conducted a duly noticed public hearing on June 22, 2020, to consider the application for Conditional Use Permit 20-5 at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. The public hearing was originally scheduled for June 16, 2020, but due to an issue related to publishing the notice of the public hearing, the public hearing could not proceed on June 16, 2020. Rather than delay the hearing until the next regularly scheduled Planning Commission meeting, the Planning Commission adjourned the June 16, 2020 meeting to June 22, 2020 to allow for adequate notice. SECTION 3. The project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301(a), Class 1 Exemption, Existing Facilities because the proposal pertains to an existing structure and involves only minor alterations to the interior of the structure, such as interior fixtures and treatments and portable furniture and equipment. There will be no changes to the exterior of the building. Moreover, none of the exceptions to the Categorical Exemption apply nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. SECTION 4. Based on the foregoing factual findings the Planning Commission makes the following findings for the Conditional Use Permit pursuant to Hermosa Beach Municipal Code Section 17.40.020, finding that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: 17.40.020 General criteria for all uses A. Distance from existing residential uses: The nearest residences are multi-family residential buildings southeast and across the 20- foot wide alley to the proposed fitness studio. The nearby residential buildings are in the R-3 (Multiple-Family Residential) zone. 196 2 The project is conditioned to reduce potential noise and vibration impacts to nearby uses, including maintaining sound dampening materials in the studio, requiring doors and windows to be closed during operating hours, requiring that the building be equipped with air conditioning, prohibiting weight dropping and requiring that any noise emanating from the property complies with the City's Noise Ordinance. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The fitness studio will occupy 306 square feet of the multi-tenant commercial building. The existing commercial building was approved by the City in 2004 (CC Resolution 04- 6364 attached) and was later amended through the Coastal Commission Development Permit in 2005 (attached). The Coastal Commission approved a reduction in floor area from 18,648 sq. ft. to 17,979 sq. ft., a reduction in units from 54 to 53 units and a reduction in parking spaces from 56 to 54 spaces. At time of approval, the project was required to comply with the Downtown District Parking Standards contained within HBMC Section 17.44.040 which required three parking spaces per every 1,000 square feet of floor area. This specific code section was part of a temporary program with the Coastal Commission and is no longer in use. The site supplies 54 parking spaces for the approximately 18,000 square foot commercial building and is considered legal non-conforming to parking requirements. City code allows for changes in use that do not require additional parking. The current parking requirement for a fitness studio falls under the category of a smaller gymnasium/health and fitness center, as follows: a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. The parking ratio for the proposed 306 square foot fitness studio with no more than one client at a time is the same as that required for the previous office use. Therefore, based on parking requirements, the parking demand will not be intensified for the proposed fitness studio. All parking is required to be shared amongst the occupants and patrons of the building and parking spaces must not be assigned for exclusive use by any owner, occupant, or tenant. A limited number of spaces are allowed to be assigned for short term parking for delivery couriers and short term visitors. C. Location of and distance to churches, schools, hospitals and public playgrounds: Noble Park, located at 14th Street and The Strand, is the nearest of these types of sensitive receptors at approximately 840 feet west of the project site. Due to the distance and characteristics of a fitness studio, the proposed use is not anticipated to have adverse effects on Noble Park. The project is conditioned to mitigate potential impacts and it is unlikely that the proposed use will affect similar sensitive receptors in the vicinity. D. The combination of uses proposed: 197 3 The 306 square foot fitness studio will be located with an 18,000 square foot multi-tenant commercial building containing a mixture of retail, office, and personal service businesses. The proposed use, as conditioned, is anticipated to have minimal impacts on the surrounding commercial or residential uses or buildings. Noise and vibration impacts and mitigations are detailed further in criteria I below, while parking is detailed in criteria B above. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: In order to assure compatibility with surrounding uses, the business owner/applicant will provide one-on-one training only with the maximum number of people in the studio at one time being three people. There is only one employee/instructor and the only time more than one person (other than the instructor) will be in the studio at the same time is when training a minor. If providing training to a minor the applicant requires a parent/supervisor to be present. This is an appointment based business only and no walk-ins are accepted. These precautions are intended to minimize impacts related to noise and vibration. The project is conditioned to ensure these precautions are maintained throughout the life of the operation and, as conditioned, it is anticipated that the proposed establishment will be compatible with existing surrounding uses. Noise and vibration impacts are detailed further in criteria I below. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: The 306 square foot fitness studio will accommodate up to three people at a time. The required parking ratio is similar to the previous office use in the building. Therefore, the parking demand will not be intensified for the fitness studio. Pier Avenue is classified as a minor arterial street designed to carry large volumes of traffic. The adjacent alley (Bayview Drive) is considered an alleyway to provide access to private properties, including parking spaces and garages. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: There are no exterior façade modifications proposed with this request. Any proposed signage will require a separate sign permit application and conform to the HBMC Section 17.50 for Signs. The existing commercial building is compatible with existing buildings and establishments in the area. H. The number of similar establishments or uses within close proximity to the proposed establishment: Shad Hart fitness will join other nearby fitness focused businesses all varying from Beyond Bikram at 518 Pier Ave, Pilates Place at 555 Pier Ave, True North Cryo at 507 Pier Ave, Pilates Angel at 200 Pier Ave (Suite 140), The Yard Fitness Center at 1106 Hermosa Ave, The Bar Method at 1221 Hermosa Ave (Suite 200), SoHo Yoga at 1242 Hermosa Ave, White House Pilates at 1332 Hermosa Ave (Suite 4), and Brennan Combat Sports at 1332 198 4 Hermosa Ave (Suite 9) within Hermosa Beach. Due to the limited size and type of the proposed business, there are no anticipated negative impacts from the number of similar establishments or uses within close proximity to the proposed businesses. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: This business will operate 8:00 A.M. to 7:00 P.M., Monday through Saturday. The proposed fitness use does not operate on Sundays. However, cleaning and limited office use may occur on Sundays. The latest appointment is 6:00 P.M. (on Wednesdays and Thursdays) with the appointment ending at 7:00 P.M. Although the applicant does not intend to operate on Sundays or beyond 7:00 P.M., the project is conditioned to authorize hours of operation to between 8:00 A.M. and 10:00 P.M. daily to allow future flexibility for the proposed business and future businesses that may operate under this CUP. Business will be conducted within business hours which are consistent with the City’s Noise Ordinance, no earlier than 8:00 A.M. and no later than 10:00 P.M. Monday through Sunday. Instruction will include fixtures and equipment such as a balance/stretch bar/rail, pull up bar, drop down stretch table, elastic band equipment, stretch equipment, exercise balls, foam roller, free weights storage, a bench, and the foam mat for video/recording of exercise demonstrations. The business provides two inch thick foam mats (IncStores Roll out matting) which covers half of the floor. The entire floor is covered in a sound dampening/Anti Vibration flooring system. The business will not provide any televisions but does utilize one small bluetooth speaker from which to play music at a normal office level. In addition, the business already has a weight dropping clause in their lease with the building. Although the business proposes no more than three people in the studio at any one time, HBMC Section 17.44.030.E.11.a authorizes class/instruction sizes to not more than 20 clients/students at any one time. The City’s Building Official reviewed the floor p lan and use and based on the limited size of the space and there being two exits, the recommendation is that up to 10 occupants is appropriate and a safe number of occupants in an emergency. Therefore, the project is conditioned such that “The maximum occupancy for the studio at any one time shall not exceed 10 occupants, which is less than and consistent with the intent of HBMC Section 17.44.030.E.11.a for limited instruction. The building has existing air conditioning and ventilation, which facilitates keeping all doors and windows closed. The project is conditioned to ensure compatibility of the proposed use with surrounding uses, such as closing the doors and windows during operating hours, prohibiting weight dropping, complying with the City's Noise Ordinance, and limiting all activities to be conducted within the building. The proposed fitness studio (assembly hall) use, as conditioned, is not anticipated to create adverse impacts. J. Impact of the proposed use to the city’s infrastructure, and/or services: 199 5 The existing building is adequately served by the various utility companies, infrastructure and municipal services, and the proposed use is not anticipated to place additional burden on current infrastructure and services. K. Will the establishment contribute to a concentration of similar outlets in the area: There are nine other fitness focused businesses located within the surrounding area. Fitness studios support the Hermosa Beach health and fitness goals and policies of PLAN Hermosa. Due to the limited size and type of the proposed business, there are no anticipated negative impacts from a concentration fitness based businesses. L. Other considerations that, in the judgement of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The applicant is certified from the International Sports Science Association (ISSA) and carries certifications in physical therapy, movement therapy and sports performance. All certifications are current. The business is also a Blue zone business focused on providing health and wellness awareness to the community which supports the Hermosa Beach health and fitness goals and policies of PLAN Hermosa. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the requested Conditional Use Permit, subject to the following Conditions of Approval: 1. The proposed project shall be substantially consistent with plans submitted and approved by the Planning Commission on June 22, 2020. Minor modifications that do not affect scale, type, location or intensity of uses or impacts thereof may be approved by the Community Development Director when not in conflict with the findings or conditions of this permit or the Municipal Code. Any substantial deviation must be reviewed and approved by the Planning Commission. 2. The hours of operation with clients present shall be limited to between 8:00 A.M. and 10:00 P.M. daily. 3. The maximum occupancy for the studio at any one time shall not exceed 10 occupants, which is less than and consistent with the intent of HBMC Section 17.44.030.E.11.a for limited instruction. 4. All fitness studio (assembly hall) activities shall be limited to the interior 306 square foot tenant space within the building. 5. All activities shall be contained on-site. No training is permitted on the sidewalks, parking lots, or in public right-of-way areas. 6. All doors and windows shall be closed during hours of operation and the building shall be equipped with air conditioning. 7. Weight dropping is strictly prohibited. 200 6 8. Sound dampening materials shall be installed and maintained according to plans or similar as approved by the Community Development Director. 9. Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments. 10. Management shall be responsible for maintaining noise volumes at reasonable levels. 11. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 12. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit approval resolution shall be maintained on the premises in a location where employees can easily read the conditions. 13. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 14. The project and operation of the business shall comply with all applicable requirements of the Hermosa Beach Municipal Code. 15. The practice of washing and rinsing floor mats, equipment, tables, etc., or discharge of any liquids, other than storm water, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. 16. Exterior and interior water use shall comply with Chapter 8.56. 17. The operation shall comply with all requirements of the Building, Fire and Public Works Departments. 18. The project shall maintain in conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Disabled Access Standards (Government Code Title 24) and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 19. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at 201 7 least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. SECTION 7. This permit shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this permit. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void an y permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. SECTION 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSENT: ABSTAIN: 202 8 CERTIFICATION I hereby certify the foregoing Resolution P.C. 20--XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their adjourned meeting of June 22, 2020. ___________________________ ____________________________ Peter Hoffman, Chair Ken Robertson, Secretary June 22, 2020 Date 203 204 205 206 207 Zoning Map and Aerial Photo 208 Legal Posters and Radius Map 209 210 211 From: Angie Yi [mailto:angie.yi@yahoo.com] Sent: Saturday, June 06, 2020 8:57 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness Hello, I am a teacher at a local high school and Shad has been my trainer since he opened. I am so disheartened to hear that his business may be shut down. I love Hermosa Beach and would often stop by there to patronize other shops and restaurants, but my favorite stop was Shad's. He cares tremendously for the community... So many of us are locals who train with him and he has provided us with the means to be our best selves. In fact, he IS my community and has made everyone who trains with him feel like family. Hermosa Beach is truly beautiful (I work at Redondo Beach and often stop by there every week before I go home, whether it's to shop at Gum Tree or go to my favorite happy hour place, Rockefeller). Please continue to allow Shad to keep his business going, contributing to the welcoming and family friendly environment th at is Hermosa. I thank you for your time. Best, Angie Yi ~* Angie~ My style is quite selective, though my mind is rather reckless. 212 From: Rick Mueller [mailto:ricksmueller@gmail.com] Sent: Saturday, June 06, 2020 9:11 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness To the members of the Hermosa Beach Community Development Department: My name is Rick Mueller and I am writing to you today in support of Shad Swinehart and his business Shad Hart Fitness. I was surprised and disappointed to hear that Shad’s ability to operate his business at the current location has been called in to question. Potentially pulling his operating permit over a confusing re-interpretation of a zoning update seems to unfair to a small business in good standing that is bringing the city tax revenue at a time when every dollar counts to the budget. I implore you to please look past the technicalities of the zoning issue and please focus on the fact that Shad has been working in Hermosa as an employee and now business owner for the past 7 years providing a valuable service to the community as well contributing to the tax base. Further, the city should give preference to any proprietor that operates a business with the high integrity and consideration Shad demonstrates for both his clients and the surrounding community. It would be a shame for the city of Hermosa to remove support for this important business, please do the right thing by allowing him to continue operate. Thank you for your time and consideration on this matter. Sincerely, Rick Mueller 213 From: Danielle kelley [mailto:daniellebkelley@gmail.com] Sent: Saturday, June 06, 2020 10:53 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart fitness To whom it may concern, I just wanted to take a moment and let you know that I have known Shad for years now and I view him as a huge asset to our community. He promotes positivity and has always been respectful. He has helped t o encourage so many to be their best selves and I hope to continue to be able to work with Shad in Hermosa Beach where I have been a resident for 20 years. Please, at a time where so many businesses are going out of business in our great little town, don’t force Shad into a neighboring city. Looking forward to continuing this conversation if need be! Sincerely, Danielle Kelley Sent from my iPhone 214 From: Angel Maffei [mailto:gratitude16@icloud.com] Sent: Saturday, June 06, 2020 10:53 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness To Whom This May Concern: I am writing to appeal to you in keeping the above business open & running in Hermosa Beach. Shad helps people & uplifts our community with class & professionalism. His is the exact type of business that our city should support. Please consider the personal hardship this would cause he & his family in shutting him down & above all, he is offering a positive amenity in our local community. Thank you for your attention to this matter at hand! Best Angel Maffei Small Business owner Sent from my iPhone 215 From: Frazee, John M [mailto:John.M.Frazee@marsh.com] Sent: Sunday, June 07, 2020 8:30 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness To Whom it May Concern: I am a resident of Manhattan Beach and a client of Shad Hart Fitness in Hermosa Beach. Shad is an exceptional physical trainer, nutritionist and life coach. His unique, one-on-one approach allows for a unique connection with his clients. He is a pillar in the personal fitness community and Hermosa Beach should recognize that they have this exceptional professional representing the community. If you have any questions, please feel free to contact me. Regards, John Frazee John M. Frazee, ARM, AssocRINA Senior Vice President U.S. Marine Growth Leader Global Marine Practice, Marsh JLT Specialty Marsh Risk & Insurance Services 633 W. Fifth Street, Suite 1200 Los Angeles, CA 90071 Cell: 310 809 8575 California Insurance License 0437153 John.M.Frazee@marsh.com www.marsh.com Please note that I am currently working from home due to the evolving events surrounding COVID- 19. For immediate assistance, please contact me on my mobile at 310-809-8575 ********************************************************************** This e-mail, including any attachments that accompany it, may contain information that is confidential or privileged. This e-mail is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail and are not an intended recipient, any disclosure, distribution, copying or other use or retention of this email or information contained within it are prohibited. If you have received this email in error, please immediately reply to the sender via e-mail and also permanently delete all copies of the original message together with any of its attachments from your computer or device. ********************************************************************** 216 From: Matt Czuchry [mailto:mcczuchry@gmail.com] Sent: Monday, June 08, 2020 2:14 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: RE Shad hart fitness Hello, My name is Matt Czuchry and I hope this finds each of you well and happy during these deeply challenging times. And being a home owner here in Hermosa, thank you so much for the vastly important service you provide to the city of Hermosa Beach. It is with much affection and admiration that I write this letter in support of my exceptional friend of twenty plus years, Shad Swinehart. It is with a sense of urgency and responsibility to the community of Hermosa that I also write this letter on behalf of the Hermosa Beach community in support of Shad Hart Fitness. I purchased my Hermosa home in 2006 because I love the city of Hermosa Beach and the community of people found within Hermosa. I love Hermosa so deeply that after Shad lost his father to cancer, I pushed Shad to uproot and move to Hermosa Beach. I assured my dear friend that Hermosa provided the perfect loving and supportive energy of individuals to reinvigorate his life in the face of profound loss. Shad trusted my word, packed up everything he owned, and began to call the city of Hermosa Beach his home in 2009. Since taking that leap of faith in early 2009, Shad’s life and contributions to me, his friends, his clients, his community, and the city of Hermosa have flourished. When living in Hermosa, I saw Shad jump from… a) no professional personal training experience and... b) doing mock prep personal training interviews with me playing the role of “perspective client” in the kitchen of my Hermosa Beach house. To… c) watching him get his first personal training job ever at one of the premier training gyms in the country, Equinox. To then… d) just one year later reaching even greater heights as evidenced by being listed as one of the top 100 personal trainers across all Equinox gyms in the United States. To then pushing even further still by… e) being listed in the top 25 personal trainers for all Equinox gyms across the entire United States for 2 years. Top 25 across the entire United States?! And we have this guy right here in Hermosa?! Yes, we have this guy right here in Hermosa. That progression of excellence from nothing at point “a” to country wide acclaim at point “e” noted above, is not normal. It is deeply unique; and, it takes someone exceptional to make a dream like that become a reality. Shad is that exceptional someone. And even surpassing the excellence Shad achieved at Equinox, Shad now has his own space in Hermosa. Shad having his own space represents the realization of his most lofty personal and professional goals. This space is treasured, loved, and respected by Shad and his fellow community members. This space right here in Hermosa is the very question at hand. Hence this passionate letter to each of you. As you each know, he runs a blue zone business that promotes health and wellness for his community members. We need exceptional community leaders like this, like Shad, in Hermosa doing wellness work to lift up everyone that lives in Hermosa. Further, we need this positive space now more than ever in times such as these where the light is dimmed by the challenges of uncertainty. This community needs exceptional people and exceptional businesses. And keeping him and his business here in Hermosa is now in your hands. Just as it is in my hands to passionately and effectively advocate for my dear friend with facts regarding his exceptional contributions… and to also tell you to please ignore the goofy pictures online of him posing with broccoli. I ask you to not hold that against him. I told him he should have posed with french fries! No one wants to eat broccoli man!! Come on Shad!!! Shad is that special someone who combines his authentic passion for life and vast knowledge of wellness in all areas of diet and exercise, to push those within the Hermosa community to achieve their personal aspirations. His life’s goal is for YOU to be the greatest, healthiest version of yourself physically and mentally so that you can go out and actualize the happiness you seek in all ways. He does not make his job about himself, he makes it about OTHERS within the community. Specifically demonstrated by the fact that throughout the months of March-May, during the COVID global pandemic and with his business significantly financially impacted, Shad decided to run free Zoom fitness classes twice a week to all of his fellow community members in Hermosa and beyond. And that type of selfless dedication to others that Shad undertakes daily, makes him not only among the most sought after in his profession but an incredible human being. And we have him right here in Hermosa. Or do we? Thank you so much for your thoughtful consideration in this matter, Matt Czuchry 217 From: Leslie Newburn [mailto:lcnewburn@yahoo.com] Sent: Monday, June 08, 2020 2:45 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness I am writing to you to ask that you let Shad Hart Fitness to continue to operate his business. He is a true gem in the fitness industry and a shining example of this community. It would really be awful if you chose to shut his small studio down. As a native Hermosa Beach resident please do not penalize this great little local business. Best, Leslie Newburn 218 From: Jaclyn Keese [mailto:jaclynkeese@gmail.com] Sent: Monday, June 08, 2020 4:13 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness Hello, My name is Jaclyn Keese and I have been a Hermosa Beach resident for 7 years. Part of what I love most about Hermosa is the community and small businesses that bring us all together. I’ve been training with Shad for over 5 years and a lot of the love I feel towards the community is a direct result of the welcoming, motivating, caring “family” that Shad has created through his practice. I have met like-minded, motivated and overall amazing people who I call my closest and dearest friends and it has all stemmed from Shad’s business and his overall work ethic. It would be such a disservice to the community if his business was put in jeopardy. Shad not only has a small business in the area but promotes and supports other businesses as he and his wife are longtime residents of the community. I hope that Hermosa Beach continues to promote a welcoming, healthy living, caring community and Shad embodies those core values. Thank you for your time. Thanks, Jaclyn Keese 219 From: Katie Kruft-Richardson [mailto:katie@zislisgroup.com] Sent: Monday, June 08, 2020 4:55 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Re: Shad Hart Fitness Hello, I am writing to you in favor of Shad Hart, and his business, Shad Hart Fitness. I have known Shad for the past 10 years, and he has trained me off and on during this time. We have also come to be friends over the years. Shad is perhaps the most honest, conscientious person I know (and I really mean that). He runs his business with the highest integrity and concern for the health and well being of his clients. I doubt you would find one client of his who would not say the same. The Hermosa community is very lucky to have Shad as both a resident and business owner. ESPECIALLY right now, I believe the Cities need to support small businesses to keep them afloat, especially the ones who have high integrity. I urge you to work with Shad so that he may continue to serve the community as soon as possible. Thank you for your time and consideration. -- Katie Kruft Richardson Director of Culture Zislis Group (O) 310.546.7800 ZislisGroup.com 220 From: Yarema, Geoffrey S. [mailto:gyarema@nossaman.com] Sent: Tuesday, June 09, 2020 7:42 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Cc: Shad Trainer <shads223@gmail.com> Subject: CUP 20-5 Request for Shad Hart Fitness To whom it may concern: My wife Joanne and I are writing in support of Shad Hart Fitness and the above application for a CUP. We have been residents of the City since 1987, care mightily about our community and want only what’s best for all. We have been active clients of Shad’s for several years. We urge the adoption of the CUP for many reasons, just a few among them: * Shad offers a valuable business for the City. He is one of the very best in his profession. That’s what epitomizes this great city. * He is incredibly considerate of other businesses and neighbors nearby, including any who might normally assume he isn’t and fail to recognize that others less considerate cause noise that could be wrongly attributed to him. We have personally witnessed and admired his meticulous attention to a standard of almost zero external noise. We wish all neighbors and businesses cared half as much. * The use is completely compatible with the building and its surroundings. This unique location in the downtown zone has evolved into a welcome and important place for diverse and valuable services. SHF personifies these attributes. * The City should be doing everything it can to encourage, not discourage, such low impact, high value small businesses. Always but now more than ever. The fact that he has survived these trying times when others will not, even while having to pay the City a very large (and someone would say unnecessary) fee to continue his services is a real tribute to his commitment and value to the community. If anyone has any doubts about issuing this CUP in the timeliest of ways, I would very much appreciate knowing that so I can help respond to those concerns. I can be reached at this email address or on my cell 213.718.9919<tel:2137189919>. Thank you. 221 From: Belinda Wise [mailto:wise.belinda@gmail.com] Sent: Tuesday, June 09, 2020 8:22 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Re: Shad Hart fitness Dear Sir or Madam, I write to you to share my knowledge of and experience regarding Shad Hart Fitness as I have worked with Shad for over 2 years. I moved to this area from Europe and tried a few clubs and classes but was missing expertise to really help me get fit and solve some long lasting issues/pains from a surgery in 2018. Thankfully, I found Shad in Hermosa Beach. After even a few sessions together, I saw significant improvement. Shad is extremely professional and an amazing coach. He is such an expert and very knowledgeable - I am so grateful that he has helped reduce the pain I was having and continues to improve my overall physical fitness level with each training session. I can not recommend Shad enough and would give him the highest of ratings. He even gives great advice on local restaurants and shops whenever I have asked, as I was brand new to the area. If he would no longer be able to provide his training to me in Hermosa Beach, if he had to leave, I would be extremely disappointed and very upset with the city. Please accept this letter of high regards in any considerations about Shad Hart Fitness. I am available at 310-467-0141 sincerely, Belinda Wise 222 From: I Can, I Will, I DO! [mailto:alex@icaniwillido.com] Sent: Tuesday, June 09, 2020 9:05 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Re: Shad Hart Fitness Dear City Of Hermosa Beach, In the nicest, most genuine way, I ask: How incredibly LUCKY are YOU to have such a phenomenal, compassionate and committed trainer in your town? Shad Hart Fitness is the best of the best, and has gone above and beyond countlessly for our community. Shad took me on as a client almost six years ago, as I timidly walked into his previous gym, 240 lbs., not able to fit into my clothes, and utterly lost on what to do. Without hesitation, he led the way, rooted me on, motivated my every move, and has since completely changed my life. Three years ago, he trained me for my wedding where we both worked tirelessly to get me exactly where I wanted to be. I lost over 50 lbs. and it’s all thanks to him. I can now happily report that I BELIEVE IN MYSELF, and I must tell you, it’s in large part because Shad believed in me too. As someone who was born and raised in the South Bay, I know people and places come and go, but Shad is a constant for me and for this community. There needs to be more Shads in this world, and I highly recommend you do everything in your power to keep him in this little beach bubble of ours. Thank you in advance. All the best, Alex Powers -- -- Alex Powers 310.962.1899 Alex@icaniwillido.com The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may contain privileged and confidential information. If the reader of this message is not the intended recipient or a n agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in er ror and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communicati on in error, please notify us immediately by e-mail, and delete the original message. 223 From: Daniel Hartman [mailto:dmhartman317@gmail.com] Sent: Wednesday, June 10, 2020 10:05 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness I have been a resident of the South Bay for almost 30 years. I grew up in small towns in the Midwest and moved directly to the South Bay because of its community spirit and the small town feel of the local cities. To that end, I do my utmost to support the local businesses here, including frequenting the businesses and many restaurants in Hermosa Beach. Shad Hart has been my personal trainer for 5 years now and I was saddened to hear that his ability to conduct business in his current space is under review and that it may be effectively shut down. Shad has been a strong supporter of Hermosa Beach (as well as being a resident for years) and is a true example of the type of entrepreneur that Hermosa Beach should welcome. Shad is an amazing trainer who truly cares about his clients – they are family to him. His passion carries over to his community and I would hope that passion is taken into account in your decision. Shad has many local clients, and I for one frequent other businesses in Hermosa Beach wh en I am in the area. Losing Shad would be a big loss for the city. Thank you for your time. Sincerely, Dan Hartman 224 From: Amy Okuda [mailto:amyokuda@gmail.com] Sent: Thursday, June 11, 2020 10:04 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Shad hart runs a great, safe business that provides the community of Hermosa beach with amazing services that keeps us all healthy and fit. Sent from my iPhone 225 From: Michael Sinclair [mailto:michaelssinclair@yahoo.com] Sent: Thursday, June 11, 2020 3:25 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness To Whom It May Concern, I am writing to let you know that Shad Hart Fitness is an incredible asset to Hermosa Beach. Shad is a small business owner and entrepreneur who has developed a loyal clientele over the years through a combination of upstan ding business practices and impeccable customer service. Shad is dedicated to improving the lives of others and the overall health of the community. He is a smart and engaged citizen who is always looking to connect this community together in positive and healthful ways, including recently offering free virtual training sessions to the community during the COVID crisis. Simply put: Hermosa Beach is lucky to have him. Sincerely, Michael Sinclair General Counsel, United Talent Agency 226 From: Kristine Shira [mailto:kristineshira@gmail.com] Sent: Thursday, June 11, 2020 10:06 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Re: Shad Hart Fitness I was recently made aware that the City of Hermosa has been going after Shad Hart fitness. Shad is a good man, running an honest business. He has the utmost integrity and respects his clients and others. I have know Shad now for over 5 years as a client and a friend and have watched as Shad always puts others first and his needs aside. I can’t imagine why our city has chosen to go after his business, especially In light of all the challenges small businesses are facing today. If you want good, honest, local, law abiding citizens to run businesses in this town then let him continue to operate without any further hassles. Thank you for listening. Kristine Shira 323-363-8007 Please excuse any typos, this was sent from my iPhone 10 SUPPLEMENTAL INFORMATION 227 From: Michelle Gray [mailto:mcgrayhb@gmail.com] Sent: Friday, June 12, 2020 9:40 AM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness Hello- I’m writing this email in regards to Shad Hart Fitness. I’ve been working with Shad for 6 years and he has significantly helped me become a much healthier and physical stronger person. Shad is excellent at what he does — he takes great care to make sure that his clients are meeting their goals. He is an excellent listener and partner to anyone looking to live a healthier lifestyle. Shad is also a great community member — he not only works but lives in hermosa and many folks know him for his warm smile and excellent singing voice as he walks to and from work. As a Hermosa resident for 10 years and someone currently also working / running a business in Hermosa, the city is lucky to have someone as skilled, warm and thoughtful serving the people in this community. Regards, Michelle Chidoni Gray Sent from my iPhone 228 From: Joseph Sifferd [mailto:jsifferd@pdlawyers.com] Sent: Friday, June 12, 2020 3:24 PM To: Community-Development <CommunityDevelopment@hermosabeach.gov> Subject: Shad Hart Fitness Hello, My wife and I are longtime residents of the South Bay. I have been practicing law in Los Angeles for over 16 years and my wife is an employed with Netflix. We both write in support of Shad Hart Fitness for the upcoming public hearing on June 22, 2020. I have known Shad both personally and professionally for many years. Shad is an incredible asset to our community, and I have no doubt that he is admired by his clients throughout the area. My wife and I have both trained with Shad. He is an incredibly talented and intelligent individual. We wish Shad continued success and believe that his business should be allowed to continue and thrive. Shad and his business truly represent everything that we love about Hermosa Beach. For example, during the Covid-19 crisis, Shad offered free classes online to his network of clients and we took full advantage of those classes. To be honest, those classes kept us sane during a very trying time. Shad Hart Fitness is the type of business we NEED in our community. Thank you for your time and consideration. Best regards, Joseph A. Sifferd Poindexter & Doutré, Inc. ******NEW ADDRESS****** 400 S. Hope Street, Suite 1320 Los Angeles, California 90071 (213) 628-8297 (626) 214-9777 FAX NOTE: The information contained in this e-mail transmission and any attachments are intended only for the use of the individual or entity to whom it is addressed and may contain information from Poindexter & Doutre, Inc., that is privileged, confidential or exempt from disclosure under federal or state law. If you are not the intended recipient of this e-mail, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender by reply e-mail and then delete this message. 229 From: noreply@granicusideas.com [mailto:noreply@granicusideas.com] Sent: Monday, June 15, 2020 11:16 AM To: DG_PlanningCommission <DG_PlanningCommission@hermosabeach.gov> Subject: New eComment for Planning Commission Virtual Meeting New eComment for Planning Commission Virtual Meeting Michele Hampton submitted a new eComment. Meeting: Planning Commission Virtual Meeting Item: 10. REPORT 20-0304 CUP 20-5- Conditional Use Permit request for a fitness studio (assembly hall) at 200 Pier Avenue, Suite 221(Shad Hart Fitness) and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA). eComment: I have been a Hermosa Beach resident for 32 years now. I love our town and the opportunities that our community has given small businesses over the years. I have seen them come and go over the years, but what we need are businesses that are ones that are owner operated by residents that want to live and work here in Hermosa Beach. Shad Hart Fitness is the perfect example of a HB resident who is a highly trained, professional in health and fitness offering his community a place to keep fit and stay healthy. I support Shad Hart Fitness and hope that our planning commission will also. 230 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: June 22, 2020 To: Honorable Chairman and Members of the Hermosa Beach Planning Commission From: Nicole Ellis, Associate Planner Subject: Public Hearing Item 8, CUP 20-5- Conditional Use Permit request for a fitness studio (assembly hall) at 200 Pier Avenue, Suite 221(Shad Hart Fitness) - Supplemental Letter Responding to Commissioner Questions The City received inquiries from a Planning Commissioner on Thursday June 18, 2020, on the above referenced application and below is the City’s response to those questions. 1.How long has Shad been operating at 200 Pier Avenue? Shad Hart Fitness began renting at 200 Pier Ave in March of 2019 with no knowledge or indication from the building that a CUP was required and was operating without a City business license. Code Enforcement staff was patrolling and observed a group of people working out on February 8, 2020 at 10:00 pm. Code Enforcement followed up on February 12, 2020 to confirm that it was a fitness business and sent a formal letter to the business owner (attached). The City has not received any complaints for this business. 2.When was the business license issued? While in process with the CUP application to authorize the fitness (assembly hall) use, the applicant obtained an interim Business License from the City which allows online fitness consulting and office services with no physical fitness occurring in the business suite. Shad Hart Fitness applied for a business license on March 28, 2020 and the interim license was approved April 16, 2020. 3.Under the proposed resolution, there is no language about TVs/Speakers etc; is there a reason why, as this is usually included in other CUPs for assembly/fitness/gyms. 8 SUPPLEMENTAL INFORMATION 231 The business will not provide any televisions but does utilize one small bluetooth speaker from which to play music at a normal office level. The business is conditioned and required to comply with conditions 2, 9, and 10 copied below. 2.The hours of operation with clients present shall be limited to between 8:00 A.M. and 10:00 P.M. daily. 9.Noise emanating from the property shall be within the limitations prescribed by the City's Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24) and shall not create a nuisance to surrounding residential neighborhoods and/or commercial establishments. 10. Management shall be responsible for maintaining noise volumes at reasonable levels. A Condition of approval could be proposed by the Commission, similar to that used for True North Cryo at 507 Pier Ave to state “No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the front ten (10) feet of the tenant space or situated so as to be clearly visible to the public right-of-way or common halls.” if there is a concern with potential noise related to TVs or speakers. 4.Since the applicant's business is private training, with a max of 3 occupants, the impacts are stated as minimal in several parts of the report (CUP Criteria B/a, E, F) yet the recommendation is to allow a max of 10 in 304 square feet, and extend the hours and days of operation. Other than making it easier for another future owner to expand, what is the rationale for more than tripling the occupancy for this application? Any business with only one exit has a max occupancy of 49 people. 10 was provided as a “safe” number. City Code allows up to 20 people for a fitness use (see code section below). However, staff proposed to further limit the number based on the small size of the business. The current parking requirement for a fitness studio falls under the category of a smaller gymnasium/health and fitness center, as follows: a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. 5.Many of the supplemental letters in support of the CUP indicate that they think this business will be "shut down". Can you advise what happened to create this impression? Staff spoke with the business owner/ applicant who shared his understanding of the Code Enforcement letter (attached) and some of the formal more stern legal language used which gave the applicant the impression that the business would be shut down. 232 6.How long has Pilates Angel been operating at 200 Pier/#140? Pilates Angel started operating in February 2012. 7.Does Pilates Angel have a CUP? No, Pilates Angel opened in 2012 and operates as a legal non-conforming by- right business based on prior City Code standards; before fitness uses were classified as “assembly halls“ in 2017 through Ordinance 17-1378 which now requires a CUP. (Ordinance 17-1378 Amended HBMC Sections 17.04.050, 17.08.020, 17.26.030, 17.28.020, 17.38.540 and 17.44.030(A); and deletes HBMC Section 17.28.040, assembly uses (17.04, 17.08, 17.26, 17.28, 17.38, 17.44). 8.What is the max occupancy of the Pilates Angel Studio? Any business with only one exit has a max occupancy of 49 people. Pilates Angel does not have an assigned occupancy load. 9.Are there restrictions/maximums at Pilates Angel on the number of classes per day and stagger times to prevent parking issues? No, Pilates Angel does not have a CUP therefore it cannot be conditioned and is allowed to operate by-right. 10. With the addition of Shad's CUP, this will make 10x similar establishments as outlined in H on page 4 of your report. Is there a number that should not be exceeded? There is no maximum or cap on these types of businesses. The City Council adopted a cap for late-night alcohol establishments (HBMC Section 17.40.080.B. and 17.40.090) based on there being concerns/issues. There is no such City ordinance limiting the number of these businesses. 11. Finally, how and when were all of the other owners of the units at 200 Pier notified of this hearing? The public notice mailer (see attached, with the June 16, 2020 Planning Commission meeting date) was mailed to all suites at 200 Pier Avenue on June 4, 2020. Notice was also provided via 2 posters and the legal add in the paper. Respectfully Submitted by: Nicole Ellis, Associate Planner 233 Attachments: 1.Code Enforcement Letter 234 City of Hermosa Beach February 12, 2020 Shad Hart Fitness MP Core 200 Pier LLC 200 Pier Avenue Ste. 221 Hermosa Beach, CA 90254 Subject: Notice of Conditional Use Permit (CUP) and Municipal Code Violation(s) at 200 Pier Avenue Ste. 221, Hermosa Beach, CA 90254. Dear Business Owner: Due to our own observation of your property, it has come to our attention that you are in violation of the following Hermosa Beach Municipal Code: • 5.04.020 License required o It is unlawful for any person to conduct any business in the city without first having procured a license from the city to do so, or without complying with any and all applicable provisions of this chapter. • 17.74.030 Violation of conditions of Conditional Use Permits and Precise Development Plans o No person shall violate any conditions of a conditional use permit or precise development plan. Such violations shall be subject to the administrative penalty provisions of chapter 1.10 in addition to the measures set out in chapter 17.70 regarding revocation of the permit. o CUP (Resolution 04-6364) Section 7, items 8, The use of the building and the individual condominium units shall be limited to office and retail commercial uses allowed in the C-2 Zone, and shall not include medical or dental clinics, or any other uses subject to greater parking requirements. This is in regard to Shad Hart Fitness conducting business without a business license and operating in a building that only allows the use of limited office and retail commercial uses only. If you wish to explore whether you can obtain approvals to have a fitness at this location, I recommend you contact Nicole Ellis, Associate Planner or Yuritzy Randle, Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884 235 Assistant Planner to discuss your options. At this time, you must cease and desist from conducting business at 200 Pier Ave. The City of Hermosa Beach would prefer to have your cooperation in correcting this condition than to take legal action against you. Please obtain a business license and consult with the Planning Department to discuss your options by March 12, 2020. I can be reached at (310) 318-0234 on Wednesdays to Saturdays or at MStafford@hermosabch.org. Thank you in advance for your cooperation. Respectfully, Meah Stafford Code Enforcement Officer cc: Bob Rollins, Building/Code Enforcement Official; City Prosecutor 236