Subject: Final Resolution approving the 71-room Hotel at 1530 Pacific Coast Highway.

Attached is the final resolution incorporating the changes as approved by the City Council at the July 11th meeting . The changes made by the Council are reflected in the conditions of approval, 1(e), 6 and 14.

 

RESOLUTION NO. 00-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN for a 71-room hotel ON APPEAL, and adoption of a mitigated negative declaration AT 1530 PACIFIC COAST HIGHWAY, and legally described as the northerly 67.5’ of lots 1 and 2, and lot 3, heffner, fiorini, allen tract; and, the westerly 145.67’ of a portion of lot 5, block 84, 2 ^nd addition to hermosa beach

 

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

Section 1. An application was filed by Dixit Patel owner in escrow of property at 1530 Pacific Coast Highway seeking approval of a Precise Development Plan to construct a 72-room hotel.

Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Precise Development Plan on April 18, and May 16, 2000, and considered substantial testimony and evidence. Based on the testimony and evidence received, The Commission approved the requested Precise Development Plan subject to conditions as set forth in P.C. Resolution No. 00-29.

Section 3. An appeal of the decision of the Planning Commission was filed by neighboring property owners Mr.and Mrs. DeGyarfas, Mr. And Mrs. Gilmore and Mr. and Mrs. Gretsky.

Section 4. The City Council conducted a duly noticed de novo public hearing to consider the appeal of the Planning Commission approval of the Precise Development Plan on July 11, 2000.

Section 5. Based on evidence received at the public hearing, and the record of the decision of the Planning Commission, the City Council makes the following factual findings:

1. The applicant is proposing to construct a three-story hotel containing 39,000 square feet and 71 rooms. The hotel plans have been revised to comply with the Planning Commission conditions of approval, including reducing the proposed number of rooms from 72 to 71.

2. The proposed use is classified as a hotel, pursuant to the definition of the Zoning Ordinance, since the rooms are accessed through a common entrance, and includes a central registration and lobby area. Since a use classified as a hotel is listed as a permitted use in the C-3 zone, it is permitted in the S.P.A. 8 zone, which incorporates C-3 uses by reference. Proposed ancillary uses include a lobby, office, and breakfast room. The ancillary uses are intended to be exclusively for hotel occupants and employees.

3. The site is zoned S.P.A. 8 which requires a Precise Development Plan for the construction of the hotel as it exceeds 25-feet in building height, exceeds 10,000 square feet and exceeds a floor areas to lot area ratio of 1:1.

Section 6 . Based on the foregoing factual findings, the City Council makes the following findings pertaining to the application for a Precise Development Plan:

1. The overall building and project design is of a superior quality, is compatible with surrounding properties and is designed in scale with the community. In making this finding, the City Council has determined that:

1. The building is designed with interesting architectural features and materials to enhance the overall project. The building contains architectural features, such as angled balconies and tiered building levels, that are interesting and enhance the project.

2. Landscaping is utilized throughout the site in a manner that enhances the building and the site, and that mitigates the visual impacts of any flat and/or massive parts of the building. Sufficient landscaping will be utilized to enhance the project and mitigate adverse visual impacts of any flat and/or massive parts of the building.

3. The project is compatible with neighboring projects with respect to height, scale, bulk and proportion. The building and proposed use is sufficiently compatible with neighboring projects with respect to height, scale, bulk and proportion.

2. Exceeding first tier height limits is warranted because the building design incorporates features to minimize and breakup the visual impacts of the higher structures on neighboring residential areas and the streetscape. In making this finding, the City Council has determined that:

1. The area of the portion of the structure that exceeds the first tier height limit does not cover a major portion of the lot area, and such area is compensated by a proportional area of the building that is at or less than the height limit. The project is setback up to 80 feet from the PCH frontage and does not cover a major portion of the lot. Additionally, a sufficiently proportional area of the building is less than the maximum allowable building height.

2. The appearance of flat roofs and massive flat vertical walls is avoided through the use of stepping and tiered architectural features. The project contains stepped and sloping roofs along PCH frontage where floor setbacks step from floor level to floor level and the overall setback ranges from 7' to 21'.

3. A consistent setback of 12-feet is provided from the ground to upper floors along the rear property line to meet minimum requirements. The project incorporates greater setbacks along PCH frontage progressing from the ground level to the upper stories creating tiered levels as viewed from the front of the project.

3. Exceeding first tier maximum floor area/lot area ratio (F.A.R.) is warranted because the building design incorporates features to minimize the appearance of bulk, and to compensate for the bulk with attractive architectural features that enhance the building and reduce the visual impact of large areas of flat vertical walls. In making this finding, the City Council has determined that:

1. Significant and attractive architectural features are used to break up the bulky appearance of box-like structures. The project contains architectural features, such as angled balconies and tiered building levels, that are attractive and minimize box-like design.

2. Step-ins and step-outs are used on the front of the building to break up bulky appearance. The project contains sufficient setbacks and projections to break up bulky appearance and create an attractive project.

3. The roofline of the building is designed with variable heights, roof patterns or materials to avoid the appearance of a flat building. The project contains a roofline varying in height and tiered from floor level to floor level along PCH frontage.

4. The general criteria of Hermosa Beach Municipal Code Section 17.38.400(C) for granting or conditionally granting a precise development permit have been considered. In making this finding, the City Council has determined that:

1. The proximity of the project to existing residential uses will not result in negative effects.

2. The project’s impact on ocean views from residential areas has been evaluated.

3. The amount of existing and proposed off-street parking is sufficient for actual need.

4. The use proposed are compatible with each other and with the area.

5. The capacity and safety of the streets serving the area is adequate for the traffic volume estimated to be generated by the project.

6. The proposed exterior signs and decor are sufficiently compatible with existing establishments in the area.

7. Building and driveway orientation is appropriate to minimize noise and traffic impacts on nearby residential areas.

8. The project will not result in adverse noise, odor, dust or vibration environmental impacts.

9. The proposed use will not result in an adverse impact on the City’s infrastructure and/or services.

10. The mitigation measures imposed are adequate to minimize environmental impacts of the project in quantitative terms.

5. The criteria of Hermosa Beach Municipal Code Section 17.38.400(D) for denial of a Precise Development Plan are not applicable. In making this finding, the City Council has determined that:

1. The project will not substantially depreciate property values in the vicinity, or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding vicinity.

2. The project will not have significant environmental adverse impacts that cannot be mitigated."

Section 7. Environmental Review.

1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Staff Environmental Review Committee prepared an Initial Study of the potential environmental effects of the proposed project. Based upon the Initial Study, the Committee determined that (i) revisions in the project plans or proposals agreed to by the applicant would avoid potentially significant environmental effects to a point where clearly no significant effects would occur; and (ii) there was no substantial evidence, in light of the whole record before the City, that the project as revised would have a significant effect on the environment. City staff thereafter prepared a Mitigated Negative Declaration for the project and duly provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. The Planning Commission subsequently approved the Mitigated Negative Declaration. A copy of the Initial Study and Mitigated Negative Declaration are attached hereto and incorporated herein by reference.

2. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. Based on the whole record, the City Council finds that: (i) the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) there is no substantial evidence that the proposed project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration prepared for the proposed project. The City Council also hereby adopts the following program for monitoring the changes that have been made a condition of this approval to mitigate or avoid significant environmental effects:

1. The following mitigation measures shall be incorporated into the project: (i) right turn only exiting the project site; and (ii) oil separator to be provided in the parking lot.

Section 8. Based on the foregoing, the City Council hereby approves the subject Precise Development Plan subject to the following Conditions of Approval :

• The development and continued use of the property shall be in conformance with submitted plans reviewed by the City Council at their meeting of July 11, 2000, incorporating all revisions as required by the conditions below. Minor modifications to the plan shall be reviewed and may be approved by the Community Development Director.

• The building shall be setback a minimum of nineteen (19) feet from 15th Street property line.

• The vent for the laundry room shall be relocated a greater distance from the easterly property line.

• The surface materials at the entry to the lobby shall be considered for upgrades, subject to the review and approval of the Community Development Director.

• The parking lot shall provide all the parking as shown on the submitted plans, and include designated spaces for employee parking. Spaces designated for employees shall be clearly marked on the pavement or signed, with the number and location of spaces to be designated for employees to be reviewed and approved by the Community Development Director.

• Rooftop equipment shall not exceed the height of the parapet.

• The subject lots to be developed shall be merged pursuant to Section 16.20.110, prior to the issuance of building permits.

• Egress from the main entry driveway shall be right turns only. Appropriate signs prohibiting left turns out of the site shall be provided to the satisfaction of the Department of Public Works.
• Parking shall be prohibited along the east side of P.C.H. for a distance of 40-feet south from the driveway entrance. Appropriate red curbing or signing shall be installed to the satisfaction of the City Department of Public Works.
• Architectural treatment shall be as shown on building elevations and site and floor plans revised in accordance with the stipulations below. Any modification shall require approval by the Community Development Director.

1. The mansard roof shall be extended to wrap around the east and entire perimeter of the building.
2. The mansard roof shall not be extended any higher than shown on the building elevations.

• Precise building heights at the critical points on the roof shall not exceed the proposed heights as indicated on the plans as reviewed by the City Council. The building height shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. The plans shall be corrected to indicate that proposed heights are less than maximum allowable height elevations at all the critical points.

• The project shall comply with the requirements of the Fire Department and the Public Works Departments.

• The applicant shall obtain approval from the California Department of Transportation for ingress and egress at the proposed driveway location, and any design requirements of CalTrans shall be included on project plans prior to issuance of building permits.

• Final building plans/construction drawings including site, elevation, floor plan, sections, details, signage, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit.
• A minimum of one 24" box tree shall be provided for every 10-feet of length along the easterly property line, supplemented by shrubs and suitable ground cover to provide a landscaped screen and enhanced elevation as viewed from the residential properties to the east. Landscaping shall be provided along the north property line to the satisfaction of the Community Development Director.
• Tree planting along the easterly property line shall be maintained at a height no higher than the parapet wall along the roof line of the of the hotel building.

• 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.

• An oil separator shall be provided in the parking lot to the satisfaction of the Public Works Department.

• The developer shall post a bond, in an amount to be determined by the Community Development Director, and form satisfactory to the City Attorney, to protect neighboring properties from potential damage that may result from shoring work on the subject property.

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

• The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department.

• 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.

• 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 Government Code Section 65907. 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.

• 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.

• 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 9. 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.

PASSED, APPROVED and ADOPTED this 11th day of July, 2000, by the following vote:

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