RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO DENY A REQUESTED GENERAL PLAN AMENDMENT FROM CC (COMMERCIAL CORRIDOR) TO MD (MEDIUM DENSITY RESIDENTIAL) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2; AND, TO DENY, UPON RECONSIDERATION OF THE DECISION OF THE PLANNING COMMISSION, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT MAP #52251 FOR A 20 UNIT CONDOMINIUM PROJECT AND A PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE EXISTING LUMBER YARD AND CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT WALL.

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

Section 1. An application was jointly filed by Anastasi Development Corporation and Michael Learned et al, owners in escrow, and owners of real property located at 635 & 705 Pacific Coast Highway; 709-725 6th Street and Lot 14, Dr. Dougherty's Bay View Tract in the City of Hermosa Beach, seeking approval of a General Plan Amendment and Zone Change for the rear 125 feet of 635 and 705 Pacific Coast Highway and including 709, 721, and 723 6th Street; and, seeking approval of a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Tract Map #52251 and Lot Line Adjustment for a Twenty-Four (24) Unit Condominium project and a Precise Development Plan and Conditional Use Permit to reconfigure the layout and increase the commercial frontage of an existing commercial lumber yard and hardware/building supply store and to allow a 14-foot high wall where the commercial use abuts residential use (collectively referred to as "Project Entitlements").

Section 2. The Planning Commission held a duly noticed public hearing on September 16, 1997, at which the Commission heard and considered written and oral testimony regarding the requested General Plan Amendment and Zone Change and Project Entitlements. In P.C. Resolution No. 97-55, the Commission recommended approval of the General Plan Amendment and Zone Change, and in Resolutions 97-56 and 97-57, the Commission approved the requested Project Entitlements subject to conditions including reducing the number of dwelling units to 20, contingent upon City Council approval of the requested General Plan Amendment and Zone Change.

Section 3. By virtue of California Government Code Section 65356 the Planning Commission recommendation regarding the General Plan Amendment automatically goes to the City Council for its consideration. By virtue of California Government Code 65853 and Chapter 17.66 of the Hermosa Beach Municipal Code the Planning Commission recommendation regarding the Zone Change automatically goes to the City Council for its consideration. The decision of the Planning Commission with respect to the Project Entitlements was brought up for reconsideration by the City Council.

Section 4. The City Council conducted a duly noticed de novo public hearing to consider the General Plan Amendment and Zone Change, and the reconsideration of the Project Entitlements on November 13, 1997, at which considerable testimony and evidence, both written and oral, was presented to and considered by the Council.

Section 5. Based on the evidence received at the public hearing, and the policies of the City as set forth in the General Plan, the City Council makes the following findings on the proposed General Plan Amendment:

1. The proposed amendment to the Land Use Element of the General Plan, as expressed on the official Land Use Map, to reduce the depth of the Commercial Corridor designation from 290 feet to 165 feet, is not in the best interest of the City with respect to long-term land use and development of the Pacific Coast Highway Commercial Corridor.
   
2. The General Plan Map accurately depicts the appropriate commercial depth for long-term land use and development of the Pacific Coast Highway corridor at this segment of the corridor.
   
3. Reducing the potential depth for commercial development would preclude the opportunity for anchor retail uses to locate on the subject property, and will significantly reduce the already limited opportunities for anchor retail uses to locate along Pacific Coast Highway within the boundaries of Hermosa Beach.

Section 6. Based on the foregoing findings, the City Council hereby denies the requested General Plan Amendment.
Section 7. By virtue of the denial of the proposed General Plan Amendment, it would be contrary to State Law to approve the Zone Change because such a change it would render the Zoning designation inconsistent with the General Plan designation. Therefore, the Zone Change is hereby denied.
Section 8. In light of the foregoing decisions, the City Council makes the following finding with respect to the reconsideration of the Planning Commission approved Project Entitlements:

1. The proposed Project Entitlements involve land uses and development that could only be carried out with the proposed General Plan Amendment and Zone Change; therefore, approval of the requested project would be inconsistent with the General Plan and Zoning Maps.

Section 9. On the basis of the foregoing, the requested Project Entitlements are hereby denied.
PASSED, APPROVED and ADOPTED this 25th day of November by the following vote:AYES: NOES: ABSTAIN: ABSENT:
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