CITY OF HERMOSA BEACH

COMMUNITY DEVELOPMENT DEPARTMENT

MEMORANDUM

Subject: Resolution Approving the Conditional Use Permit and Precise Development Plan for an 80-unit Senior Housing Facility, and Revision to the Negative Declaration.

Recommendations

To adopt the attached Resolution with Conditions of Approval as modified by the City Council at their meeting October 13, 1998,

To approve the Negative Declaration, as revised to remove the mitigation measure prohibiting parking on P.C.H.

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RESOLUTION NO. 98-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR AN EIGHTY (80) UNIT ASSISTED LIVING SENIOR HOUSING FACILITY, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1837 PACIFIC COAST HIGHWAY

The City Council of the City of Hermosa Beach does hereby resolve and order as follows:

Section 1. An application was filed by Sunrise Assisted Living Development, Inc. Lessee's of property owned by the Beach Cities Health District at 1837 Pacific Coast Highway, seeking approval of a Conditional Use Permit and Precise Development Plan for an 80-unit Assisted Living Senior Housing Facility.

Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Conditional Use Permit and Precise Development Plan on August 18, 1998, and based on the testimony and evidence received, approved the requested Conditional Use Permit and Precise Development Plan.

Section 3. The City Council conducted a duly noticed de novo public hearing to reconsider the Planning Commission approval of a Conditional Use Permit and Precise Development Plan on October 13, 1998, and based on the testimony and evidence received, sustained the Planning Commission decision to approve the requested Conditional Use Permit and Precise Development Plan.

Section 4. Based on evidence received at the public hearing, the City Council makes the following factual findings:

1. The proposed assisted living senior housing facility will provide 80 bedroom suites, 33 for single occupancy and 47 for possible double occupancy, in a two-story building with parking below. The overall development is 55,000 square feet on 1.75 acres, and will provide 40 parking spaces. The individual units will not contain individual kitchens as there will be a central kitchen and dining area.

2. The facility will be licensed by the California Department of Social Services as a Residential Care Facility for the Elderly.

3. The site is zoned for multi-family residential use pursuant to R-3 zone development standards. It is partially zoned S.P.A. 6 which requires a Conditional Use Permit for senior housing, and allows for consideration of higher density for housing for senior citizens and reduction of parking requirements. The remaining portion is zoned R-3, and is being requested for a zone change to S.P.A. 6 concurrent with the subject request.

4. Pursuant to the provisions of S.P.A. 6 the applicant is requesting approval to exceed the maximum allowable density otherwise allowed in the R-3 zone for housing for senior citizens. The proposal exceeds what would otherwise be allowed by 23 units. 57 units are allowed for a typical multi-family project based on the standards of the R-3 zone and 80 are proposed. Also, pursuant to the provisions of the S.P.A. 6 zone, the applicant is proposing to provide less than the required parking for a multi-family development based on the actual needs of an assisted living senior housing development

Section 5. Based on the foregoing factual findings, and the findings of the Planning Commission, the City Council makes the following findings pertaining to the application for a Precise Development Plan and Conditional Use Permit:

1. While the project exceeds the number of residential dwelling units allowed by R-3 standards, the dwelling units within this type of housing equate to a much lesser number if typical multi-family units were provided. The type of housing proposed are bedroom suites for assisted living for senior citizens in need of daily care, with individual units accessed through a common entry area, and the provision of central kitchens and dining area. Therefore, the increase in density results in a less intensive use, and is consistent with the provisions of S.P.A. 6 and applicable general and specific plans.

2. Parking at a ratio per unit, less than the requirement for multi-family housing, is acceptable for this development, as the occupants in need of specialized care typically do not drive, and the ratio of parking to rooms as proposed exceeds recognized standards for assisted living senior housing project and retirement communities. Further, convenient van service will be provided to the occupants on a regular basis to provide for local transportation need.

3. The overall development with respect to building height, lot coverage, and open space is in compliance with the development requirements of the Zoning Ordinance.

4. Compliance with the Conditions of Approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan.

5. The City Council concurs with the Planning Commission and the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this project will result in a less than significant impact on the environment with the mitigating conditions incorporated below, and therefore qualifies for a Negative Declaration.

Section 6. Based on the foregoing, the City Council sustains the decision of the Planning Commission and hereby approves the subject Conditional Use Permit and Precise Development Plan, subject to the following Conditions of Approval which supersede the conditions contained in P.C. Resolution 98-48:

1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the City Council at their meeting of October 13, 1998. Modifications to the plan shall be reviewed and may be approved by the Community Development Director.

2. The use of the building shall be for the purposes of an assisted living residence for elderly individuals or couples only, in accordance with the licensing requirements for Residential Care Facilities for the Elderly, as regulated by the State of California. Any change to another use shall require amendment to this Conditional Use Permit, subject to review and approval by the Planning Commission.

a) The facility shall obtain and continually maintain an operating license with the State of California Department of Social Services for a Residential Care Facility for the Elderly.

b) The individual rooms shall not be provided with kitchens or kitchenettes

3. The required new fire hydrant for the development shall be located on site so that it does not necessitate the elimination of any legal parking on Pacific Coast Highway.

4. Ingress and egress to and from the main entry driveway, and the service entry drive, shall be right turns only. Appropriate signs prohibiting left turns into or out of the site shall be provided to the satisfaction of the City Department of Public Works.

5. Convenient van or shuttle service, provided on a regular basis, 7 days a week, shall be provided by the facility to residents/occupants to accommodate their local transportation needs.

6. The number of residents/occupants allowed to park their own personal vehicles on the premises shall be limited pursuant to the site specific parking study which shall be enforced/monitored by on-site management.

7. On-site detention of stormwater shall be provided so that current discharge volumes and rates in to the storm drain system are not increased. A stormwater plan and hydrology calculation shall be submitted to verify compliance with this condition, subject to approval by the Public Works Department.

8. The project shall comply with the requirements of the Public Works Department. The on-site detention of stormwater and run-off system shall meet the hydrology requirements of the Public Works Department.

9. The emergency access lane to the west and north of the building shall be a pervious surface material as approved by the Community Development Director.

10. Final building plans/construction drawings including site, elevation, floor plan, sections, details, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit.

11. Two copies of a final landscaping plan indicating size, type, and quantity of plant materials to be planted and/or showing existing landscaping to be maintained shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of Building Permits .

a. An automatic landscape sprinkler system shall be provided, and shall be shown on plans. (building permits are required)

b. The applicant shall enter and record a Landscape Maintenance Agreement with the City to ensure maintenance of all landscaping, and which shall include provisions, as approved by the Community Development Director, to ensure that trees be maintained and trimmed to minimize view obstruction.

12. Architectural treatment shall be as shown on building elevations of submitted plans and any modification shall require approval by the Community Development Director.

a. Rooftop equipment shall be integrated into the architecture and be hidden from public view with screening walls.

b. The applicant shall work with staff to enhance the exterior appearance by adding wood siding or wood finishes to the exterior.

13. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely effected

14. The project and operation of the business shall comply with all applicable requirements of the Municipal Code

15. The Conditional Use Permit and Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department.

16. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City.

17. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition.

18. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions

Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant.

Each of the above Conditions of Approval is separately enforced, and if one of the Conditions of Approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.

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.

PASSED, APPROVED and ADOPTED this 26th day of January, 1999

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NEGATIVE DECLARATION

REVISION

Project Location

a. Address: 1837 Pacific Coast Highway

b. Legal: Portions of Lots 18 & 19, Block 81, 2nd Addition to Hermosa

Project Description

Zone change from R-3 (Multi-Family Residential) to SPA6 (Specific Plan Area No. 6), and Conditional Use Permit and Precise Development Plan for an 80 unit assisted living senior housing facility.

Revision

To remove the Mitigation Measure No. 2(a) No parking on Pacific Coast Highway in front of the building:

The subject mitigation measure to prohibit parking all hours was originally recommended in order to provide sight distance/vision clearance for vehicles exiting the project site and to act like a deceleration lane (during non peak evening hours) for the entire length of the property (currently parking is prohibited from 3PM - 7PM to allow the right lane along the curb to be used for south-bound traffic flow). This measure is now not considered necessary to mitigate environmental impacts related to traffic safety caused by this project. These impacts are not considered significant given the moderate amount of traffic generation anticipated. Further, red curbing currently exists along the P.C.H. frontage (due to an existing fire hydrant) which provides adequate sight distance/vision clearance (45-feet) north of the main entrance for exiting vehicles, and for deceleration for south-bound traffic making the mitigation measure unnecessary.

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