1 RESOLUTION NO. 6122
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANHATTAN 2 BEACH APPROVING A USE PERMIT, • ALCOHOL BEVERAGE
LICENSE, VARIANCE FROM MAXIMUM ALLOWABLE BUILDING
3 HEIGHT AND AN INITIAL STUDY AND NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACTS, FOR A PROPOSED RITE AID RETAIL
4 PHARMACY AT 1100. MANHATTAN BEACH BOULEVARD
5 THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH HEREBY RESOLVE AS FOLLOWS:
6 SECTION 1. The City Council of the City of Manhattan Beach hereby makes the 7 following findings:
8 A. The Planning Commission of the City of Manhattan Beach conducted public hearings pursuant to applicable law on November 28, 2007 and December 12, 2007, to consider applications for a Use 9 Permit; Alcohol Beverage License and Variance from maximum allowable building height, to allow construction of a 13,370 square foot Rite Aid pharmacy; for the property legally described as (Parcel 10 1), that portion of Lots 15, 16, 17 and 18, Block 2, Tract 142; (Parcel 2) a non-exclusive easement for ingress and egress over that portion of Lot 15, Block 2 of Tract 142, and (Parcel 3) that portion of Lots 9, 10, 11, 12, 15, 16, 17 and 18 in Block 2, Tract No. 142., at 1100 Manhattan Beach Boulevard 11 in the City of Manhattan Beach.
12 B. At the December 12, 2007 Planning Commission meeting, the Commission voted (3-1-0) to deny the subject applications.
13 C. The applicant is RHL Design Group, Inc.
14 D. On December 21, 2007, the applicant filed an appeal of the decision of the Planning Commission 15 denying the subject request.
16 E. The City Council conducted a public hearing and received public testimony on these matters on February 5, 2008.
17 F. The proposed use is permitted in the CG (General Commercial) Zone subject to a Use Permit approval as the project exceeds 5,000 square feet of buildable floor area; is greater than 10,000 18 square feet of land area; requests an alcohol beverage license and a Variance is required to exceed the maximum allowable building height.
19 G. An Initial Study was prepared in compliance with the provisions of the California Environmental 20 Quality Act (CEQA). Based upon this study it was determined that the project is not an action involving any significant impacts upon the environment, and a Negative Declaration was prepared 21 and is hereby adopted.
22 H. The project will not individually nor cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
23 1. The City Council made the following findings with respect to this application:
24 1. The project consists of 13,370 square feet of retail area including 1,000 square feet of 25 mezzanine storage/utility area.
26 2 The project is located in Area District | and is zoned (CG) General Commercial. The use is permitted by the zoning code and is appropriate as conditioned for the general 27 28
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3. The General Plan designation for the properties is General Commercial. The General Plan encourages commercial development such as this that provides for businesses which serve city residents.
4. The subject site is the combination of two parcels and as a result contains severe grade changes. These include: 12.37' of drop from the N/W corner to the S/W corner; 19.25 of drop from the N/W corner to the S/E corner, and 16.41' feet of drop from the N/E corner to the S/E corner.
Use Permit
1. *. The proposed project is located within the (CG) General Commercial district. The subject proposal would replace an existing 1,736 square foot gas station (Manhattan Beach Fuel) with three service bays and surface parking on the north end of the property, and a 8,638 square foot commercial retail/office/personal service building (Mr.
D's Liquor Mart, General Office Uses, Peak Fitness) at the south end of the property.
The proposed retail use is in accord with the objectives of this title, and the purpose of the district in which it is located since the project is a commercial zone consistent with Section 10.16.010 of the Manhattan Beach Zoning Code which states that the district is intended to provide opportunities for commercial retail uses for a full range of retail and With the exception of the proposed building height, the subject proposal would be in compliance with all applicable regulations as detailed in the staff
2. The proposed retail use poses no detrimental effects to the public health, safety, or welfare of persons or working on the proposed project site, or to the neighborhood; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city as the site continues to operate as a commercial use. The new use is intended to provide a better variety of services to the community.
The proposed location of the use and the proposed conditions under which it will be operated or maintained is consistent with the General Plan, since the project site is as General Commercial which allows for a full range of retail and service businesses.
The General Plan of the City of Manhattan Beach poses certain goals and policies, which reflect the expectations and wishes of the City, with respect to land uses Specifically, the project is consistent with the following Goals of the General Plan as summarized below:
Goal LU-1.2: Encourage the use of notches, open space, setbacks, landscaping, or other architectural details to reduce building bulk.
Goal LU-2.1: Encourage landscaping standards for commercial areas.
Goal LU-3.1: Encourage quality design in all new construction.
Goal LU-3.2: Encourage the use of Sepulveda Boulevard Corridor Guidelines.
Goal LU-6.2: Encourage a diverse mix of businesses that support the local tax base, ar beneficial to residents, and support the economic needs of the community oal LU-8.1: Ensure that applicable zoning regulations allow for commercial uses th erve a broad market area, including visitor-serving use
3. The proposed retail use will be in compliance with applicable provisions of the (CG) General Commercial zone.
4. The proposed change in use from a service station/retail store/fitness studio/office uses will not adversely impact nearby properties due to landscaping, screening, setbacks, id the site design and layout of the parking, access and circulation, loading and tras s well as the conditions of approval. It is not anticipated that the proposed retail u:
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1 will exceed the capacity of public services and facilities. Minor comments from the Building Division, Fire Department, Police Department, Engineering and Public Works 2 Department will be addressed during regular plan check.
J. The project shall be in compliance with following Sepulveda Corridor Design Guideline Goals:
3 • Establish standards for low-rise commercial arterial development such as retail/office uses 4 • Site and building design should focus and relate to the street and create a more attractive, comfortable and interesting environment for the Boulevard 5 • Visually less desirable elements such as large parking areas, parking structures, vehicle service areas, blank walls, storage areas, and trash areas should be hidden or made less prominent 6 along Sepulveda Boulevard.
• The building design should take into consideration extreme noise, and odor generating activities 7 near residential boundaries.
• Safe pedestrian access to buildings should be provided through parking lots, particularly from 8 public sidewalks.
• Landscaping should enhance the property with the following: 1) install landscaping in areas that 9 would otherwise be unused pavement, and 2) use landscape planters and other decorative treatments around buildings to avoid direct building-to-asphalt contact areas. 10 • Proposed signs and sign copy should be compatible with their related building(s) and not be crowded within their locations or backgrounds. Harsh plastic or illuminated backgrounds should 11 be avoided.
12 Additionally, the project will satisfy the Sepulveda Corridor requirements for the following reasons:
13 • The proposed structure and it's location is designed to create minimal bulk and impact on the neighboring residential area to the southeast by providing adequate open space for light, air and fire safety through increased setbacks and innovative building design. 14 • The proposed project includes convenient off-street parking facility which is enhanced by an effective on-site traffic circulation system.
15 The efficiently designed parking areas are comprised mostly of full size parking spaces (except •
10-compact spaces which are 8.5-feet wide and 15-feet in length and located at the rear of the 16 building), which provides ample parking and excellent vehicular flow that minimizes impact to the residential neighborhood to the southeast. Additionally the project does not propose any 17 egress/ingress driveway on 11" Street which alleviates noise, traffic and circulation concerns to the residential neighborhood.
18 Variance
19 K. A variance from maximum allowable building height, MBMC Section 10.60.050, is approved based 20 on the following facts and findings per MBMC Section 10.84.060 (B):
21 Because of special circumstances or conditions applicable to the subject property including shape, exceptional topography, or the extraordinary or
22 exceptional situations or conditions, strict application of the requirements of this title would 23 24
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Res. 6122
3. Granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district and area district, since the proposed building height will be in scale and compatible with the surrounding buildings.
L. The project shall be in compliance with applicable provisions of the Manhattan Beach Municipal Code.
M. This Resolution upon its effectiveness constitutes the Use Permit, Variance and CEQA approvals and the for the subject project.
SECTION 2. The City Council of the City of Manhattan Beach hereby APPROVES the subject Use Permit and Variance applications and Negative Declaration subject to the following conditions:
Site Preparation/Construction
The project shall be constructed and operated in substantial conformance with the submitted plans and project description submitted to, and approved by the Planning Commission on December 12, 2007. Any other substantial deviation from the approved plans must be reviewed and approved by the Planning Commission. Caltrans approval is required prior to the issuance of a building permit.
2. The façade of the southerly wall shall be redesigned to reduce the appearance of building mass subject to review and approved by the Planning Commission.
3. The project will provide 54 on-site parking spaces which includes; 3 disabled parking spaces, 10 compact spaces (8.5' x 15'), and 41 standard spaces.
4. A Traffic Management Plan shall be submitted in conjunction with all construction and other building plans, to be approved by the Police and Public Works Departments prior to issuance of building permits. The plan shall provide for the management of all construction related traffic during all phases of construction, including delivery of materials and parking of construction related vehicles.
5. All electrical, telephone, cable television system, and similar service wires and cables shall underground to the appropriate utility connections in compliance with all applicable Building and Electrical Codes, safety regulations, and orders, rules of the Public Utilities Commission, the serving utility company, and specification of the Public Works Department.
6. During construction of the site, the soil shall be watered in order to minimize the impacts of dust on the surrounding area.
The sitting of construction related equipment (ob site offices, trailers, materials, etc) shal be subject to the approval from the Director of Community Development prior to the issuance of any building permits.
3. A site landscaping plan utilizing drought tolerant native plants shall be submitted for reviev and approval concurrent with the building permit application. All plants shall be identified in the plan by the Latin and common names. Mature shade trees shall be incorporate nto the plan. Landscaping shall be installed per the approved plans prior to building final
9. A low pressure, low-flow or drip irrigation system shall be installed in the landscaped area vhich shall not cause any surface run-off. Details of the irrigation system shall be noted o (horks dand Community Development department a sushat te insteiled per or a role
10. A covered enclosure(s) with adequate capacity for both trash and recycling for all tenants shall be constructed for this site. This trash enclosure must be constructed with a 4 Res. 6122
1 concrete, asphalt, or similar base and must have drainage to the sanitary sewer system. 2 3
11. Commercial establishments are required, in accordance with Municipal Code 5.24.030 (C)(2) to have a sufficient refuse and recycling storage space to enclose a commercial lift 4 container(s). The refuse storage space or facility must be screened from public view and be either constructed within the building structure or in a screened enclosure on private 5 6 12. Management of the retail use shall police the property and all areas immediately adjacen to the business during the hours of operation to keep it free of litte 7 13. The operator of the pharmacy shall provide adequate management and supervisory 8 techniques to prevent loitering and other security concerns outside the subject business 9 14. Thires ory ne surs shing peris sires or retire yes for a in seri Owners and employees must park on-site while
10 15. Proposed monument signs on Manhattan Beach Boulevard and Sepulveda Boulevard shall 11 not be located within the sight visibility triangles for either driveway. 12 16. All signs shall be in compliance with the Sign Code. A comprehensive sign program must be submitted to the Community Development Department for review and approval prior to 13 the issuance of a building permit.
14 17. The applicant shall submit a lighting and photometric plan which shows the location of the proposed light pole and maximum foot candles to the Department of Community 15 Development prior to the issuance of a building permit. These plans shall be in compliance with all provisions of the parking lot lighting regulations. Due the proximity of the proposed 16 project to the residential properties to the southeast, the maximum pole heights shall not exceed 20 feet. Security lighting for the site shall be provided in conformance with 17 Municipal Code requirements including glare prevention design.
18. The hours of operation for the proposed retail use shall be as follows:
18 7:00 a.m. - 10:00 p.m. Seven days a week
19 7:00 a.m. - 10:00 p.m. Alcohol Beverage sales
20 19. Deliveries shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m 21 20. All mechanical equipment visually on the building roof shall not be visible from the public right-of-way and visual screening shall be provided. Antenna dishes or similar items shall 22 be restricted to the same requirements. The building roof shall have a gravel or comparable decorative treatment.
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27 Parking Related Conditions
22. Slopes and transitions for all vehicle ramps shall not exceed 15 percent grade and shal 28 conform to City standards, subject to City review and approval. All ramps over 8 percent grade must include transition slopes at the beginning and end of the ramp and must meet 29 30
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the required slope setbacks behind the property line. Show slopes and cross-sections on approved plans.
23. Parking stall cross-slope shall not exceed 5%.
24. All two-way driveways and approaches shall be as wide as the aisle it serves. Both driveway approaches for the project must be at least 25 feet wide and shall be constructed in alignment with parking aisles
25. All raised landscaping planters along the property frontages shall begin or end perpendicular to the lower portion of the drive wings.
26. Doors shall not exit directly onto a vehicle aisle or street without a landing.
27. Provide unobstructed triangle of sight visibility (5' × 15) adjacent to each driveway and behind the ultimate property line when exiting the parking areas without wall, columns or landscaping over 36 inches high (MBMC 10.64.150). All planters next to both driveways must conform to this requirement.
28. Provide a 25' unobstructed triangle of sight visibility on the northeast corners of Sepulveda Boulevard at Manhattan Beach Boulevard and at 11" Street behind the ultimate property line extensions without walls, columns or landscaping over 36 inches high, tree trunks
29. All parking spaces adjacent to an obstruction, except columns, must be at least one foot wider that a standard space.
30. Provide and identify the commercial loading area. on site plan and label with approved signage.
31. Any compact spaces shall be labeled with a sign and a stencil marking at the back of each space.
32. Both driveways shall be restricted to Right Turn In/Right Turn Out and posted with signs as directed by the City Traffic Engineer and Caltrans.
33. Vehicle access to the property along 11"' Street shall be prohibited
34. All outside site lighting shall be directed away from the public right-of-way and shall minimize spill-over onto the sidewalk and street. Shields and directional lighting shall be used where necessary.
35. Bicycle parking shall be provided at a rate of five percent (5% - 3 spaces) of all parking spaces (MBMC 10.64.80). Location shall be shown on the plans subject to Planning review
36. A retaining walls along the parking lot shall be constructed with a pedestrian barrier o 'ailing at least 36" high to prevent falling over the retaining wal
37. An 8-foot dedication shall be provided along the entire length of Sepulveda Boulevard for the future widening of the right-of-way for an additional left-hand turn pocket for traffic traveling west onto Manhattan Beach Boulevard. In additional, the project is required to provide an additional corner cut-off dedication to accommodate a disabled access ramp, pedestrian access area and existing /future street furniture at the corner of Sepulveda Boulevard and Manhattan Beach Boulevard and Sepulveda Boulevard and 11* Street.
38. A disabled access ramp must be installed on the public sidewalk, See City Standard Plan ST-9. Ramp must be shown on plans.
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1 39. The developer shall provide a fair-share contribution towards the construction of the right- of-way to accommodate an additional left-hand turn pocket for traffic traveling northbound 2 Sepulveda Boulevard to westbound Manhattan Beach Boulevard. 3 Public Works Requirements
4 40. This is a SUMP project and an Operating and Maintenance Agreement Form regarding storm water pollution BMP's and mitigation devices must be completed anc 5 submitted to the City before a building or grading permit is issued 6 41. Required mop sinks must be installed and shown on the plumbing plans. 7 12. Commercial enterprises must comply with the National Pollution Discharge Eliminatio System (NPDES) clean water requirements. Discharge of mop water, floor mat washing 8 and trash can cleaning and washing out trash enclosures into the street or storm drain system is prohibited (MBMC Section 5.84.060, 5.84.090)
9 43. The sidewalk must be replaced from the north property line on Manhattan Beach Boulevard 10 to the south property line on Sepulveda Boulevard and shown on the plans. 11 44. Weekly sweeping will be required for all parking areas. 12 45. Before the utility pole located at the south corner of the lot on Sepulveda Boulevard can be relocated, approval from the Parking and Public Improvement Commission and City Council and a building permit must be obtained.
13 16. Plan holder must have the plans rechecked and stamped for approval by the Public Work 14 Department before the building permit is issued
15 Building Division :
16 47. Project shall comply with all Disabled Access regulations. 17 48. All work shall comply with all current California Building Codes which includes: California Electrical Code, Mechanical Code, Plumbing Code and Fire Code, at the time of submittal 18 Procedural
19 49. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Planning Commission.
20 50. Terms and Conditions are Perpetual. These terms and conditions shall be perpetual, and it 21 is the intention of the Director of Community Development and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 22 51. Effective Date. This Resolution shall become effective when all time limits for appeal as 23 set forth in MBCM Section 10.100.030 have expired
24 52. This Use Permit shall lapse two years after its date of approval, unless implemented o extended pursuant to 10.84.090 of the Municipal Code
25 53. At any time in the future, the Planning Commission or City Council may review the Use Permit for the purposes of revocation or modification. Modification may consist of 26 conditions deemed reasonable to mitigate or alleviate impacts to adjacent land uses. 27 54. The applicant agrees, as a condition of approval of this project, to pay for all reasonable 28 29
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litigation. Applicant shall deposit said amount with the City or enter into an agreement with the City to pay such expenses as they become due.
SECTION 3. Pursuant to Government Code Section 65009 and Code of Civil Procedure Section 1094.6, any action or proceeding to attack, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determinations taken, done or made prior to such decision or to determine the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within 90 days of the date of this resolution and the City Council is served within 120 days of the date of this The City Clerk shall send a certified copy of this resolution to the applicant, and if any, the appellant at the address of said person set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure Section 1094.6.
ECTION 4. This resolution shall take effect immediately. The City Clerk shall mak is resolution readily available for public inspection within thirty (30) days of the date this resolution SECTION 5. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 5" day of February, 2008.
Ayes: Cohen, Tell, Montgomery and Mayor Aldinger.
Noes: Ward.
Absent: None.
Abstain: None.
, City of Manhattan Beach, California
ATTEST:
8 1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES ) SS.
3 CITY OF MANHATTAN BEACH)
4 5 I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, do 6 hereby certify that the whole number of members of the City Council of said City is five; that 7 the foregoing resolution, being Resolution No. 6122 duly and regularly introduced before and 8 adopted by the City Council of said City at a regular meeting of said Council, duly and 9 regularly held on the 5" day of February, 2008 and that the same was so passed and adopted by 10 the following vote, to wit:
11 12 Ayes: Cohen, Tell, Montgomery and Mayor Aldinger.
Noes: Ward.
Absent: None.
Abstain: None.
14 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the 15 official seal of said City this 14'' day of February, 2008. 16 17
18 City Clerk of the City of
Manhattan Beach, California
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