HomeMy WebLinkAboutPC Resolution 24-08 (210 PACIFIC COAST HIGHWAY)Page 1 of 4 PC RES 24-08
CITY OF HERMOSA BEACH
PC RESOLUTION NO. 24-08
A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
(CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND
DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST
HIGHWAY IN THE SPECIFIC PLAN AREA, 7 (SPA) ZONE, AND
DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, an application was filed on October 12, 2023, by the applicant,
Amir Mikhail, requesting Planning Commission approval of a Conditional Use
Permit (23-13) to allow a 7,214-square-foot preschool and daycare with an
outdoor play area; and
WHEREAS, the Planning Commission, at its public meeting of May 21, 2024,
considered all testimony and evidence, both oral and written, that was
presented to the Planning Commission and continued the item to the August 20,
2024 regular meeting of the Planning Commission; and
WHEREAS, the Planning Commission, at its public meeting of August 20,
2024, considered all testimony and evidence, both oral and written, that was
presented to the Planning Commission. At the conclusion of the public hearing,
the Planning Commission denied the project and directed staff to bring back a
resolution memorializing the Planning Commission decision at its September 17,
2024 regularly scheduled meeting; and
WHEREAS, the California Environmental Quality Act (CEQA) does not
apply to a project that is disapproved (Public Resources Code Section 21080.b.5
and State CEQA Guidelines Section 15237).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the foregoing factual findings, the Planning
Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC)
Section 17.40.020 (General Criteria for All Uses), that the property is not
consistent with the required findings of the Municipal Code:
1.The amount of existing or proposed off-street parking facilities, and
its distance from the proposed use; The off-street parking is
proposed in two parking lots on-site. The Traffic Analysis and
Docusign Envelope ID: 75662900-167B-8B38-8188-CE104D779F82
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Addendum lacks data supporting the purported average loading
times that would be required to avoid issues, does not include a
revised calculation of vehicle queuing, and does not assess the
turning movements and potential conflicts between pedestrians
and vehicles. There is insufficient information to conclude that the
proposed off-street parking facilities are adequate.
2.Precautions taken by the owner or operator of the proposed
establishment to assure the compatibility of the use with surrounding
uses; The applicant proposed an operation and site plan changes
to try and assure that the daycare's operation would be consistent
with the surrounding uses. These precautions included: 1) staff
facilitating pick up and drop off, 2) pick-up and drop-off schedules,
and 3) extended hours of operation. Although the applicant has
proposed several operation and design measures to facilitate pick
up and drop off, the Traffic Analysis and Addendum lacks a
sufficient analysis of the changed impacts on queuing, loading
time assumptions, and turning movements to ensure the
compatibility of the use with the surrounding uses.
3.The relationship of the proposed business-generated traffic volume
and the size of streets serving the area; The proposed site plan
proposes a second driveway along 2nd Street and adds a drop-off
queuing lane in the southern parking lot. The Traffic Analysis and
Addendum to the traffic study asserts that this will be sufficient to
handle the demand for loading and unloading during the peak
drop-off and pick-up times. However, the Traffic Analysis and
Addendum prepared did not assess the site plan changes to traffic
flow on and off-site. Second Street is a two-way street for the length
of the property’s frontage before the traffic pattern changes to a
one-way street with westbound traffic. The Traffic Analysis and
Addendum did not adequately assess the interaction of the unique
traffic pattern, the new driveway, queuing, and circulation pattern,
and whether it can adequately serve the business-generated traffic
volume as proposed or with additional conditions.
4.Impact of the proposed use to the city’s infrastructure, and/or
services; 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 proposed site plan
adds a second driveway along 2nd Street and a drop-off queueing
lane to the southerly parking lot off 2nd Street. Although the Traffic
Analysis and Addendum asserts that the changes would be
Docusign Envelope ID: 75662900-167B-8B38-8188-CE104D779F82
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sufficient to handle the demand for loading and unloading during
the peak drop-off and pick-up times, it lacks sufficient analysis. The
addendum prepared did not assess the impact of the site plan
changes on traffic queues or the traffic flow on and off-site. Second
Street is a two-way street for the length of the property’s frontage
before the traffic pattern changes to a one-way street with
westbound traffic. The Addendum to the Traffic Analysis did not
adequately assess the interaction of the unique traffic pattern, the
new driveway, queuing, and circulation pattern. It remains unclear
whether the abutting street could adequately serve the use.
SECTION 2. Based on the evidence received at the public meeting, the
Planning Commission hereby further finds, determines, and declares that the
project is inconsistent with the following Goals and Policies of the City’s General
Plan (PLAN Hermosa).
General Plan Consistency
Land Use Element Findings
Policy 4.8
Encourage all commercial
property owners bordering
residential areas to mitigate
impacts and use appropriate
landscaping and buffering of
residential neighborhoods.
adequately assess
site plan changes on traffic queues or
the traffic flow on and off-site.
Second Street is a two-
before the traffic pattern changes to
a one-
determine whether impacts on the
adjacent neighborhood
Policy 7.7.
adequately assess the impact of the
site plan changes on traffic queues or
the traffic flow on and off-
remains unclear whether the use can
operate in a manner compatible with
the abutting corridors and districts.
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SECTION 4. Based on the forgoing, the Planning Commission hereby
denies the request for Conditional Use Permit 23-13, to operate a day care and
preschool with an outdoor playground located at 210 Pacific Coast Highway.
SECTION 3. 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.
PASSED, APPROVED and ADOPTED on this 17th day of September 2024.
VOTE:
AYES: CHAIRPERSON PEDERSEN, VICE CHAIRPERSON HIRSH
and COMMISSIONERS HOFFMAN, IZANT, and FLAHERTY
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify the foregoing Resolution PC 24-08 is a true and complete
record of the action taken by the Planning Commission of the City of
Hermosa Beach, California, at its regular meeting on September 17, 2024.
David Pedersen Carrie Tai
Chairperson Secretary
Date
Docusign Envelope ID: 75662900-167B-8B38-8188-CE104D779F82
6/2/2026