HomeMy WebLinkAbout2017Reso's 2017
Reso's 2017
P.C. Resolution 17-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DETERMINING THE 241± SQUARE
FOOT DISPLAYS TO BE LOCATED UPON THE INTERIOR GLAZING OF
THE WEST STOREFRONT WINDOWS OF THE EXISTING BUILDING AT
1314 PACIFIC COAST HIGHWAY ARE MURALS AND DETERMINING
THAT THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed on October 11, 2017 by the property owner/applicant,
seeking determination of whether the proposed sign displays covering 241 ± square feet of surface
area on west side of a building are consistent with the Municipal Code definition of `Mural' for the
Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California
Environmental Quality Act (CEQA).
Section 2. Hermosa Beach Municipal Code Section 17.50.030 defines a mural as "a
pictorial representation not specifically identifying goods or services offered by the business on the
premises."
Section 3. Hermosa Beach Municipal Code Section 17.50.130(B) provides that murals
approved by the Planning Commission may be permitted, and in its review the Planning
Commission may waive specific provisions of the City's sign regulations related to total sign area,
coverage, height, type and style.
Section 4. The Planning Commission at its public meeting of November 21, 2017
considered testimony and evidence, both written and oral.
Section 5. The project is not subject to the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or
reasonably foreseeable indirect physical change in the environment. The mural displays are to be
located upon the interior glazing of the west storefront windows and will not result in a direct or
reasonably foreseeable indirect physical change in the environment, therefore, the mural displays
are not subject to CEQA.
Section 6. Based on the evidence received at the public meeting, the Planning Commission
makes the following findings:
1. The displays meet the definition of a mural as set forth in Hermosa Beach Municipal Code
Section 17.50.030, because:
a. The Hermosa Beach General Plan (PLAN Hermosa) defines the city's beach culture such that
"the beach has been an integral part of local culture with an abundance of seaside activities.
Hermosa Beach has been home to many surfing professionals over the years and has hosted
events promoting surfing, such as Hermosa Beach Surfing Club's Annual Dance. Known as the
mecca of surfboard shaping, Hermosa Beach is known for some of the earliest surfboard
manufacturing, with several surfboard shapers still operating today."
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b. The displays are pictorial representations not specifically identifying goods or services
offered by the business on the premises, and the business on the premises is an action sport
company. The retail store sells skateboards and the brand's surfing and skateboarding -inspired
shoes, casualwear and accessories. The retail store does not sell surfboards or bikes. The
proposed sign displays continue to depict the skate and surf culture with the right mural
displaying a surfer shredding a wave and the left mural displaying a biker performing a stunt in
a skate park. The individuals in the sign displays are not well known athletes and they do not
have a close association with Vans. The two individuals in the proposed sign displays are also
much less prominent than the existing murals where their faces and attire are not recognizable or
the focus of the displays.
c. The display's primary purpose is not to identify a product, event, or person, but rather to
celebrate activities closely associated the city's eclectic beach culture which includes surfing
and seaside activities such as biking.
2. Pursuant to Zoning Ordinance Section 17.50.130(B), it is appropriate to waive the specific
provisions of the sign code pertaining to sign area, cover, height, type and style for the subject
241± square foot mural displays because:
a. The displays (96 square feet for left display and 145 square feet for right display totaling 241
square feet) meet the definition of a mural;
b. The purpose of the mural is to celebrate the city's eclectic beach culture which includes
surfing and seaside activities such as biking and the use of the Hermosa Beach Skate Park
located at 710 Pier Avenue. Due to the murals proximity to Pacific Coast Highway, a high
profile location, and the large scale and massing of the wall/windows upon which the murals are
proposed to be sited, the additional area, height, type of style of the mural display are warranted.
Section 7. 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.
VOTE: AYES: Comms.Flaherty,Hoffman,Pedersen,Rice,Chmn.Saemann
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-32 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
No em 1, 2017.
Rob Saemann, Chairman
fb November 21, 2017
Date
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` obertson, Secretary
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RESOLUTION P.C. 17-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT
AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE SECTION 15.04.050
EXPIRATION OF PERMITS, AND DETERMINE THE AMENDMENT IS NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. The Planning Commission held a duly noticed public hearing on November
21, 2017 to consider a Text Amendment, referred to the Commission from the City Council for
review and recommendation, regarding the expiration of building permits.
SECTION 2. The project is not subject to the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in
a direct or reasonably foreseeable indirect physical change in the environment. The text
amendment changes are procedural in nature and will in no way create negative impacts to the
environment. Therefore, there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 3.. The Planning Commission hereby recommends City Council approval of
the proposed amendments to Section 15.04.050 attached hereto as Exhibit A.
VOTE: AYES: Comms.Flaherty,Hoffman,Pedersen,Rice,Chmn.Saemann
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 17-31 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 of November 21, 2017.
Rob Saemann, Chairman
November 21, 2017
Date
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oi ertson, Secretary
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Exhibit A
Recommended Amendment
Section 15.04.050 of Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is
recommended to be amended to read as follows:
Section 15.04.050 Expiration of Permits
Notwithstanding the provisions of Section 15.04.010, Section 105.5 of Chapter 1 of the
building code is hereby amended to read as follows:
SECTION 105.5
Expiration of Permits
105.5 Expiration.
Every permit issued by the Building Official under the provisions of this Code
shall expire by limitation and become null and void (1) if the building or work
authorized by such permit is not commenced within 180 days from the date of
such permit, or (2) if the building or work authorized by such permit is
suspended or abandoned for a period of 180 days at any time after the work
is commenced, or (3) if the building or work authorized by such permit is not
completed within two calendar years from the issuance date of the permit.
than once.
Exception:
For any project subject to a discretionary permit from the Planning Commission
under Title 17 of the HBMC, the Planning Commission has authority, and City
Council on appeal, to establish as a condition of approval the building permit
expiration date by which construction shall be completed, based upon the size and
complexity of the project. The time frame provided in the condition of approval for
permitted construction activities shall be inclusive of all permits and phases of the
project (i.e. demolition, excavation, building construction, site improvements, and
approved final inspection for all permits issued for the project).
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A. Where work has not commenced within 180 days from the issuance date
of a permit, a renewed permit valid for two years may be obtained upon
payment of a renewal fee equal to ten percent of the original permit fee
provided that (1) no changes have been made or will be required in the
original plans and specifications for such work and (2) the renewed permit is
issued within two years of the original permit issuance date.
B. Where work has commenced and is subsequently suspended or
abandoned for a period exceeding 180 days, a renewed permit valid until the
original expiration date may be obtained upon payment of a renewal fee.
equal to ten percent of the original permit fee provided that (1) no changes
have been made or will be required in the original plans and specifications for
such work and (2) the renewed permit is issued within two years of the
original permit issuance date. - - - - = , - - , - - - - - - - - - •• -
C. The Building Official may grant a maximum of two (2) extensions for a
period not exceeding six calendar months each upon written request by the
permittee showing that circumstances beyond the control of the permittee
have prevented completion of the project. A fee of ten percent of the original
permit fee shall be assessed for such renewal.
Where a project is not commenced or completed on the two year anniversary
submitted.
D. Any permittee holding an active permit and seeking an exception pursuant
to subsection (C) may apply in writing for an extension of the time within
which work under that permit may be continued when, for good and
satisfactory reasons, he or she is unable to continue work within the time
required by this Section due to circumstances beyond the control of the
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permittee.
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extended morc than twice.
E. Any permittee seeking to extend a permit pursuant to the above may
present evidence to City staff that clearly demonstrates that the uncompleted
work is less than ten percent of the project. At its sole discretion, should the
City determine that less than ten percent of the project is left to be completed,
the renewal fee or the new permit fee may be reduced to an amount
equivalent to the corresponding lower percentage.
F. Any application for a renewed permit or a permit extension shall be
reviewed under the Building Codes and Ordinances in effect at the time of the
original permit.
G. If the owner or applicant fails to complete the project within the time
required, the Building Official is authorized to initiate a nuisance abatement
action pursuant to Chapter 8.28 of this Code or undertake any other remedy
permitted by law.
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P.C. Resolution 17-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE
PARCEL MAP NO. 74545 FOR A TWO -UNIT DETACHED
CONDOMINIUM PROJECT AT 617 LONGFELLOW AVENUE, LEGALLY
DESCRIBED AS LOTS 53 AND 54 OF SOUTHERN CALIFORNIA
CONVENTION HALL AND MARINE VIEW PARK TRACT, CITY OF
HERMOSA BEACH AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed on June 15, 2017 by the property owner/applicant 617
Longfellow LP, C/O Jeffrey E. Bowers, Partner, for development of property located at 617
Longfellow Avenue, seeking approval of Conditional Use Permit 17-10, Precise Development
Plan 17-10, and Vesting Tentative Parcel Map #74545 for a two -unit detached residential
condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on August 15, 2017, at which time testimony and evidence, both written
and oral, was presented to and considered by the Planning Commission.
Section 3. At its meeting of August 15, 2017 the Planning Commission, with a 3:1
vote, continued the item to the September 19, 2017 Planning Commission meeting and directed
the applicant and architect to work with staff on a compatible site layout where on -street parking is
preserved and all vehicle access is provided from the alley (Boundary Place).
Section 4. The item was continued from the September 19th meeting to the October
17th meeting and again to the November 21st meeting while the applicant and architect continued
to work with the Planning Staff on a redesign of the project.
Section 5. The project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15303(b), Class 3 Exemption, New
Construction or Conversion of Small Structures, because the project is construction of limited
numbers (two) of new, small structures. More specifically, the project is comprised of multi-
family residential structures in an urbanized area, totaling no more than six dwelling units.
Section 6. Based on the evidence received at the public hearing on November 21, 2017,
the Planning Commission makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit
and Vesting Tentative Parcel Map to demolish two residential units with a detached two -car
garage and develop a two -unit detached residential condominium project.
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2. The subject property contains approximately 5,000 square feet, is designated Medium Density
Residential on the General Plan Map, and R -2B Limited Multiple Family Residential on the
Zoning Map.
Section 7. Based on the testimony and evidence received, the Planning Commission
makes the following findings pertaining to the application for a Vesting Tentative Parcel Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060
of the Municipal Code:
3. The proposal is consistent with the General Plan Medium Density Residential designation and
R -2B zone because the project is an allowed use and has a density of less than 25 dwelling
units per acre, and as conditioned complies with all standards.
4. The site is physically suitable for a two -unit detached residential condominium project with
Unit 1 and Unit 2 containing three levels. Each unit will provide a two -car garage. One shared
guest parking space is located between and adjacent to the Unit 1 garage and Unit 2 building
wall.
5. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, parking and construction requirements, and therefore are not
likely to cause public health problems. The project as conditioned will provide permeable
surfacing and storm water retention facilities to the maximum extent feasible per Section
8.44.095 and any additional non -percolated or retained storm water will be conveyed to an onsite
subsurface infiltration system as required by Section 8.44.095 subject to maintenance agreements.
6. The property is accessed via Boundary Place and does not exhibit dedicated public easements.
Therefore, the subdivision and improvements will not conflict with easements acquired by the
public at large for access through or use of property within the proposed subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment, being
consistent with purposes of the designation, density and development standards, and parking,
access and services are provided.
8. The project as conditioned will conform to all zoning and condominium standards and will be
compatible with neighboring properties, which are developed with similar multi -story single -
and multi -family residences.
9. The design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat because the project is categorically exempt from CEQA pursuant to CEQA Guidelines
Sections 15303(b).
10. The proposed subdivision will be consistent with the prevailing lot patterns and are not likely
to reduce property values in the surrounding neighborhood area because the project is similar
to surrounding development, consists only of the division of airspace at less than the maximum
density allowed, and conditions have been placed on the project to ensure compatibility.
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11. The granting of the subdivision will result in division of a conforming sized and configured lot
into airspace for condominium units of size and design conforming to the R -2B zone and
condominium ordinance.
Section 8. Based on the testimony and evidence received, the Planning Commission
makes the following findings pertaining to the application for Conditional Use Permit and Precise
Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code.
12. The proposal is consistent with the General Plan Medium Density Residential designation and
R -2B zone because the project is an allowed use and has a density of less than 25 units per
acre, and as conditioned complies with all standards.
13. The site is zoned R -2B and is physically suitable for a two -unit detached residential
condominium project with Unit 1 and Unit 2 containing three levels. Each unit will provide a
two -car garage. One shared guest parking space is located between and adjacent to the Unit 1
garage and Unit 2 building wall.
14. Both Units 1 and 2 comply with Section 17.14.080 of R -2B Limited Multiple Family
Residential Open Space standards and provide a minimum of 300 square feet of open space
per unit.
15. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supply all required off-street parking, sidewalks, and safe access
from a public street, will not cause substantial traffic impacts due to minimal increase in
density, and will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned is compatible and consistent with the
immediate environment, including maintenance of water quality and reduction of marine
pollution via onsite retention of storm water to compensate for loss of permeable surfaces and
landscaping to enhance aesthetics, being consistent with purposes of the designation, all
density and development standards, and access and services are provided. An in -lieu Park and
Recreation Area Dedication fee is required for each unit.
17. The proposed project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring residential properties,
which also contain multi -story single and multi -family residences. The project as conditioned
complies with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes exceed the
minimum requirement of 1,600 square feet for both Unit 1 and 2, the project does not exceed
the 30 foot height limit, minimum open space of 300 square feet is met, and the front setback
meets the five-foot minimum requirement.
18. All utilities will be placed underground, integrated into the design, separately metered and
independently provided in each unit. Stormwater runoff will be minimized and a final
landscape plan shall be provided per the Green Building, Water Efficient, Water Conservation
and Condominium landscape standards and the required landscape plan shall be provided, per
Sections 8.60, 8.44, and 8.56.
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Section 9. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for
a two -unit attached condominium project subject to the following Conditions of Approval:
General:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting of
November 21, 2017, revised in accordance with the conditions below. The Community
Development Director may approve minor modifications that do not otherwise conflict
with the Hermosa Beach Municipal Code or requirements of this approval.
2. The project shall fully comply with all requirements of the R -2B zone as applicable and
the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not
limited to:
a) Height including required roof deck railings shall fully comply with the 30 -foot
height limit. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director.
b) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural
plans and reviewed at the time of Building Division Plan Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site
plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and
approved by the Community Development Director in conformance with Section
17.22.050 and conditions of this approval prior to the issuance of Building Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the Community
Development Director prior to the issuance of Certificate of Occupancy.
b) Five parking spaces (four garage spaces and one shared guest space) shall be
maintained on-site. All parking spaces shall remain available for parking and
shall not be used for storage or other purposes. Storage of boats, trailers, and
recreational vehicles shall not be allowed and the CC&Rs shall reflect this
condition.
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• 4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
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Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the
Planning Commission, indicating size, type, quantity and characteristics of landscape
materials shall be submitted to the Community Development Department and Planning
Division for review and approval prior to the issuance of Building Permits. The Final
Plan shall also include the following:
a) The applicant shall provide a landscape plan to comply with Sections
17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community
Development Director and Public Works Director.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(11)
shall be provided, and shall be shown on plans (Building Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on building elevations,
site and floor plans. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director. In addition:
a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic
garage doors shall be installed on all garage door openings and clearly indicated
on floor plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be downcast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving
and motion detector lighting shall be used for all lighting except low-level (3 feet
or less in height) security lighting and porch lights. Lamp bulbs and images shall
not be visible from within any onsite or offsite residential unit. Exterior lighting
shall not be deemed finally approved until 30 days after installation, during which
period the building official may order the dimming or modification of any
illumination found to be excessively brilliant or impacting to nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in the
driveway, guest parking space and other non -landscaped areas to the maximum extent
feasible. If providing water -permeable surfaces on at least 50% of exterior surface area is
not feasible and incorporating measures in 8.44.095 to the extent practicable to infiltrate
the volume of runoff produced by a 0.80 inch twenty four (24) hour rain event, then the
applicant shall infiltrate runoff on-site. In the event that subsurface infiltration is
required, plans shall designate the exact location of the subsurface infiltration system, the
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applicant shall enter into a maintenance agreement with the City (prior to fmal map
approval) for the ongoing infiltration, and provide a surety bond to the City to guarantee
that on-site, subsurface infiltration is achieved. The amount of the bond shall be
determined by the Building Division. All other drainage shall be routed to an off-site
facility or on-site permeable area approved by the City. To the extent possible, a portion
of roof drainage shall be routed to on-site permeable areas. No drainage shall flow over
any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to discharge
waters onto the street, the property owner(s) shall record an agreement to assume the
risk associated with use and operation of said sump pump, release the City from any
liability, and indemnify the City regarding receipt of surface waters from the property.
The recorded agreement must be filed with the City prior to issuance of the Certificate of
Occupancy.
8. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices
set forth in Section 8.56.070 shall be complied with and noted on construction plans.
9. Two copies of final construction plans, including site, elevation and floor plans, which are
consistent with the conditions of approval of this conditional use permit, shall be
reviewed and approved by the Planning Division for consistency with Planning
Commission approved plans and this Resolution prior to the submittal to the Building
Division for Plan Check.
10. Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the applicant/property
owner is aware of, and agrees to accept, all of the conditions of this grant of approval.
11. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
12. The address of each condominium unit shall be conspicuously displayed on the street side
of the buildings with externally or internally lit numbers and the method for illumination
shall be shown on plans. Address numbering and display shall be subject to approval by
the Community Development Department.
Public Works
13. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a
licensed civil engineer, and approved by Public Works, addressing grading,
undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-
site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all
other improvements necessary to comply with the Municipal Code and Public Works
specifications, shall be filed with the Community Development Department.
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• 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and
storm drain main lines on street.
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15. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence
unless and until all necessary permits are attained from the Public Works Department
including if required, an approved Residential or Commercial Encroachment Permit.
16. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid
elevations must be submitted prior to grading and plan check. Sewer lateral video must
be submitted with plan check submittal, if the developer plans to use the existing sewer
lateral. Sewer lateral work may be required after review of the sewer lateral video.
17. Sewer lateral video must be submitted with plan check submittal, if the developer plans
to use the existing sewer lateral. Sewer lateral work may be required after review of the
sewer lateral video.
18. Sewer main work may be required after review of sewer lateral video.
19. The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44) and must implement Low Impact Development Standards,
and submit at time of grading and plan check along with an erosion control plan.
Final Map and Certificate of Occupancy
20. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
21. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees per unit in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
22. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy,
outstanding assessments must either be paid in full or apportioned to any newly created
parcels. Notice of same shall be provided to the Community Development Director.
Assessment payoff amounts may be obtained by calling the City's Assessment
Administrator at (800) 755-6864. Applications for apportionment may be obtained in the
Public Works Department.
Construction
23. Prior to issuance of a Building Permit, abutting property owners and residents within
100 feet of the project site shall be notified of the anticipated date for commencement of
construction.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
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• b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
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24. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building plans
and posted at construction site.
25. Traffic control measures, including flagmen, shall be utilized to preserve public health,
safety, and welfare.
Other:
26. 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. The Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map shall be recorded, and proof of
recordation shall be submitted to the Community Development Department prior to the
issuance of a building permit.
27. Approval of these permits shall expire twenty-four (24) months from the date of approval
by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested.
No extension shall be considered unless requested, in writing to the Community
Development Director including the reason therefore, at least 60 days prior to the
expiration date. No additional notice of expiration will be provided.
28. The Planning Commission may review this Conditional Use Permit, Precise Development
Plan and Vesting Tentative Map 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.
29. 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.
30. The plans shall be revised to the satisfaction of the Community Development Director to
mitigate sound impacts from the condensers which could include moving the condensers
inside the retaining wall.
Section 10. 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.
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The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development Department
prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual attorney's
fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any
such action with attorneys of its choice.
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.
Section 11. 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.
VOTE: AYES: Comms.Flaherty,Pedersen,Rice,Chmn.Saemann
NOES: None
ABSTAIN: Comm.Hoffman
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-29 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 of November 21, 2017.
Rob Saemann, Chairman en Robertson, Secretary
November 21, 2019
Date
9
•
RESOLUTION P.C. 17-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF
A TEXT AMENDMENT TO MUNICIPAL CODE TO BAN COMMERCIAL
CANNABIS ACTIVITIES IN THE CITY, AND DETERMINE THE
AMENDMENT IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. The Planning Commission held a duly noticed public hearing on October 17,
2017 to consider a text amendment to ban commercial cannabis activities in the City (TEXT 17-4).
SECTION 2. The project is not subject to the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as the proposed project would not
have a significant effect on the environment because it is clarifying existing law that commercial
cannabis activities are prohibited under the HBMC. No possibility exists that the proposed zone
text amendment would have a significant effect on the environment as this ordinance prohibits
uses that are currently not allowed in the City but due to changes in state law, is expected to
proliferate throughout the state in areas where local agencies permit the uses. Therefore, this
ordinance clarifies an existing ban to cover new cannabis related activities and uses that are now
permitted through recent changes in state law. This ordinance continues the status quo and will
not result in changes to the environment.
SECTION 3. The Planning Commission finds that the, proposed amendment to the
Municipal Code to ban commercial cannabis activities in the City is consistent with the City's
General Plan Land Use Element policies and Public Safety Element policies to:
a. Ensure the placement of new uses does not create or exacerbate nuisances between
different types of land uses;
b. Require new development within the city's creative industrial district be designed for
compatibility with surrounding uses to minimize impact or nuisances (such as noise
or odor) and cultivate connectivity with each district.
c. Encourage all commercial property owners bordering residential areas to mitigate
impacts and use appropriate landscaping and buffering of residential neighborhoods.
d. Encourage coastal -dependent and coastal -related commercial uses in the Recreational
Commercial and Community Commercial land use designations. Prioritize such uses
in the Recreational Commercial designation. Provide for and prioritize coastal -related
industrial uses in the Creative Industrial land use designation.
e. Prohibit new land uses that harm the physical health and well being of the
community.
f. Require businesses that use, store, or transport hazardous materials to ensure that
adequate measures are taken to protect public health and safety.
g. Encourage Police Department review of uses which may be characterized historically
by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal
activity) providing for conditions of control of use to prevent adverse impacts on
adjacent residences, schools, religious facilities, and similar "sensitive" uses.
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•
•
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SECTION 4. The Planning Commission fmds that the proposed amendment to the
Municipal Code is consistent with existing municipal code which prohibits the dispensing,
cultivation and delivery of medical marijuana in all zones throughout the City.
SECTION 5. The Planning Commission fmds that the proposed amendment to the
Municipal Code is consistent with state laws regarding regulation of commercial cannabis
activities.
SECTION 6. The Planning Commission hereby recommends City Council approval of
the proposed ordinance attached hereto as Exhibit A.
VOTE: AYES: Comms.Flaherty,Hoffman,Pedersen,Rice,Chmn.Saemann
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 17-28 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 of October 17, 2017.
Rob Saemann, Chairman
October 17, 2017
Date
2
•
Exhibit A
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING
TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE TO
EXPRESSLY PROHIBIT ALL COMMERCIAL CANNABIS ACTIVIIES IN
THE CITY AND PROHIBIT OUTDOOR CANNABIS CULTIVATION FOR
PERSONAL USE
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1. Section 17.04.050 of Chapter 117.04 of Title 17 is amended to add the
following new definitions to the alphabetical list of definitions to read as follows:
Cannabis, or Marijuana, shall mean all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the
resin, whether crude or purified, extracted from any part of the plant; and every
compound, Manufacture, salt, derivative, mixture or preparation of the plant, its seeds,
or resin. "Cannabis" or "Marijuana" also means the separated resin, whether crude or
purified, obtained from Cannabis. "Cannabis" or "Marijuana" also includes cannabis that
is used for medical, non-medical, or other purposes. "Cannabis" or "Marijuana" does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, Manufacture, salt, derivative,
• mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber,
oil, or case, or the sterilized seed of the plant which is incapable of germination.
"Cannabis" or "Marijuana" also does not include industrial hemp, as defined in California
Health and Safety Code section 11018.5.
•
Cannabis/Marijuana Accessories means any equipment, products or materials of any
kind which is intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, Manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or
containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis or
Cannabis Products into the human body.
Cannabis Delivery shall include the use by a Dispensary of any technology platform
owned and controlled by the Dispensary, or independently licensed by the State which
enables Persons, Qualified Patients, and/or Primary Caregivers to arrange for or
facilitate the commercial transfer of Cannabis or Cannabis Products.
Cannabis/Marijuana Product means Cannabis that has undergone a process whereby
the plant material has been transformed into a concentrate, including, but not limited to,
Concentrated Cannabis, or an edible or topical product containing Cannabis or
Concentrated Cannabis and other ingredients.
3
Commercial Cannabis Activity means cultivation, Manufacture, processing, storing,
•
laboratory testing, labeling, transporting, distribution, packaging, Delivery or sale of
Cannabis or Cannabis Products for medical and non-medical use or any other purpose
and includes the activities of any business licensed by the State or other government
entity under Division 10 of the California Business and Professions Code, or any
provision of State law that regulates the licensing of Cannabis businesses. This
definition also includes Mobile Cannabis Dispensary and a medical marijuana
dispensary.
•
Concentrated Cannabis means Manufactured Cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing the product's
potency. "Concentrate" includes resin from granular trichomes from a Cannabis plant.
Cultivation means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of Cannabis.
Dispensary means a facility where Cannabis, Cannabis Products, or devices for the use
of Cannabis or Cannabis Products are offered, either individually or in any combination,
for retail sale, including an establishment that Delivers Cannabis and Cannabis
Products as part of a retail sale.
Manufacture Cannabis means to compound, blend, extract, infuse, or otherwise prepare
a Cannabis Product.
MAUCRSA means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as
codified in Division 10 of the Business and Professions Code, as the same may be
amended from time to time.
Mobile Cannabis Dispensaries means any Dispensary, clinic, cooperative, association,
club, business or group which transports or Delivers, or arranges the transportation or
Delivery, of Cannabis to a Person.
Person, for purposes of Section 17.42.110, means any individual, firm, corporation,
association, club, society, or other organization. The term Person shall include any
owner, manager, proprietor, employee, volunteer, or salesperson.
Section 2. Section 17.42.110 of Chapter 17.42 of Title 17 the Hermosa Beach Municipal
Code is amended in its entirety to read as follows:
17.42.110 Commercial Cannabis Activities and Cannabis Cultivation Prohibited.
A. The purpose of this Section is to expressly prohibit the establishment of commercial
cannabis uses in the City. The City Council finds that prohibitions on commercial
cannabis activity are necessary for the preservation and protection of the public health,
• safety and welfare of the City. The prohibition of such uses is within the authority
4
conferred upon the City Council by state law and is an exercise of its police powers to
enact and enforce regulations for the public health, safety and welfare of the City.
Nothing in this chapter shall be interpreted to conflict with state law, including without
limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of
Marijuana Act (AUMA) and the MAUCRSA, as may be amended. Nothing in this section
is intended to prohibit a primary caregiver from providing medical cannabis to a qualified
patient as those terms are defined by state law.
B. Commercial Cannabis Activities of all types are expressly prohibited in all zones in
the City. No Person shall establish, operate, conduct, or allow a Dispensary or
Commercial Cannabis Activity anywhere within the City. To the extent that this
prohibition conflicts with any other provision of this code, this prohibition shall control.
C. Mobile Cannabis Dispensaries are prohibited in all zones within the City's
jurisdictional limits. No Person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the
operation of any Mobile Cannabis Dispensary within the City;
• 2. Deliver Cannabis to any location within the City from a Mobile Cannabis
Dispensary, regardless of where the Mobile Cannabis Dispensary is located, or engage
in any Mobile Cannabis Dispensary operation; or
3. Deliver any Cannabis Product, including, but not limited to tinctures, baked
goods, or other consumable products, to any location within the City from a Mobile
Cannabis Dispensary, regardless of where the Mobile Cannabis Dispensary is located,
or engage in any operation for this purpose.
D. This section is meant to prohibit all activities for which a state license is required
pursuant to the MAUCRSA. Accordingly, the city shall not issue any permit, license or
other entitlement for any activity for which a state license is required under the
MAUCRSA. The city shall also not issue any local license for any activity for which a
state license is required under the MAUCRSA to a non-profit entity pursuant to
California Business and Professions Code section 26070.5. This section shall not
prevent transportation of Cannabis or Cannabis products on public roads through the
City to and from locations outside the city by a state licensee transporting cannabis or
cannabis products in compliance with Business and Professions Code § 26080 and
• 26090.
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• E. A property owner shall not rent, lease or otherwise permit any Person or
business that engages in Commercial Cannabis Activity to occupy real property in the
city. A property owner shall not allow any Person or business to establish, operate,
maintain, conduct, or engage in Commercial Cannabis Activity on any real property
owned or controlled by that property owner that is located in the city
F. No person or entity may Cultivate Cannabis at any location in the City, except:
(1) A person may cultivate no more than six living cannabis plants inside a
private residence in accordance with Health & Safety Code § 11362.2; and.
(2) where the city is preempted by federal or state law from enacting a prohibition
on such cultivation.
G. Violations and remedies.
1. Criminal penalties. Any violation of any provision of this chapter
shall be deemed a misdemeanor and shall be punishable in
accordance with Chapter 1.04.
2. Any use or condition caused, or permitted to exist, in violation of
any provision of this Section shall be, and hereby is declared to be,
a public nuisance and may be abated by the City pursuant to Code
of Civil Procedure section 731 and Chapter 8.28 of this Code and
any other remedy available by law to the City.
Section 3. The Ordinance has been reviewed in accordance with the California
Environmental Quality Act. Under 15061(b)(3), the proposed project would not have a
significant effect on the environment because it is clarifying existing law that commercial
cannabis activities are prohibited under the HBMC. No possibility exists that the
proposed zone text amendment would have a significant effect on the environment this
ordinance prohibits uses that are currently not allowed in the City but due changes in
state law, is expected to proliferate throughout the state in areas where local agencies
permit the uses. So this ordinance clarifies an existing ban to cover new cannabis
related activities and uses that are now permitted through recent changes in state law.
This ordinance continues the status quo and will not result in changes to the
environment.
Section 4. The ordinance shall take effect thirty days after the date of its passage.
• Section 5.. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
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• PASSED, APPROVED AND ADOPTED THIS day of , 2017.
ATTEST:
CITY CLERK
•
•
MAYOR
RESOLUTION NO. 17-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT AMENDMENT FOR ALTERATIONS TO A RESTAURANT
WITH ON SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT
TO EXPAND APPROXIMATELY 44 SQUARE FEET IN FLOOR AREA
AND MODIFY THE FLOOR PLAN AND WEST BUILDING FACADE TO
ESTABLISH AN "OPEN AIR DINING" SPACE AT 1332 HERMOSA
AVENUE (WITH NO CHANGE TO CURRENT APPROVED OPERATING
HOURS), "DECADENCE" (PREVIOUSLY "ESTABLISHMENT"), AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
SECTION 1. An application was filed on September 19, 2017 by Skylar Tourigny,
of Decadence, seeking approval for a Conditional Use Permit Amendment for alterations
to a restaurant with on sale general alcohol and live entertainment to expand
approximately 44 square feet in floor area and modify the floor plan and west building
• facade to establish an "open air dining" space at 1332 Hermosa Avenue (with no
change to current approved operating hours), "Decadence" (previously
"Establishment"), and determination that the project is categorically exempt from the
California Environmental Quality Act.
•
SECTION 2. The Planning Commission conducted a duly noticed public hearing
to consider CUP 17-2 on October 17, 2017, at which time the Staff Report and
testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission.
SECTION 3. Based on evidence received at the public hearing, the Planning
Commission hereby makes the following findings to modify the Conditional Use Permit,
pursuant to section 17.40.020 of the Municipal Code:
A. Distance from existing residential uses;
The nearest residential uses are located north of 14th Street, within the R-3
Multiple Family residential zone and approximately 150 feet from the north tenant
space wall. Conditions of approval are included that require: no more than 50%
of the building frontage will have operable windows; noise emanating from the
property shall be within the limitations prescribed by the City's Nose Ordinance
and the building shall be equipped with acoustic features and air conditioning to
maximize sound proofing.
1
• B. The amount of existing or proposed off-street parking facilities, and its distance from
the proposed use;
There is no existing off-street parking on-site and none is proposed. The
proposed modifications will maintain the existing restaurant use and the seat
count will be reduced. Therefore, parking will not be affected.
•
C. Location of and distance to churches, schools, hospitals and public playgrounds;
The proposed modifications are not likely to affect Noble Park which is the
nearest sensitive receptor at approximately 428 feet from the project site, or
other parks or similar uses in the vicinity due to distance and hours of operation.
D. The combination of uses proposed;
The proposed project is located within the C-2 Restricted Commercial zone
which aims to provide opportunities for a limited range of office, retail, and
service commercial uses specifically appropriate for the scale and character of
the downtown, a resident and visitor serving pedestrian -oriented shopping/
entertainment district. The use (restaurant with on -sale alcohol and live
entertainment) is not proposed to change.
E. Precautions taken by the owner or operator of the proposed establishment to assure
the compatibility of the use with surrounding uses;
Conditions of approval are included to ensure compatibility of the use with
surrounding uses.
F. The relationship of the proposed business -generated traffic volume and the size of
streets serving the area;
No additional trips are anticipated to be generated with 44 square foot expansion.
G. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area;
Signage is reviewed and approved through a separate sign permit review.
Proposed modifications to building exterior appear to be compatible with the
surrounding neighborhood.
H. The number of similar establishments or uses within close proximity to the proposed
establishment;
There is a mix of commercial businesses along Hermosa Avenue, including eight
other alcohol -serving restaurants within the same block between Pier Avenue and
14th Street. Seven of the nine establishments have on -sale general alcohol licenses
while two establishments have on -sale beer and wine. The proposed physical
modifications will have no effect on the number of similar establishments or uses
within close proximity to the proposed establishment.
1. Noise, odor, dust and/or vibration that may be generated by the proposed use;
Conditions of approval are included which require: no more than 50% of the
building frontage will have operable windows, and noise emanating from the
2
property shall be within the limitations prescribed by the City's Nose Ordinance
and the building shall be equipped with acoustic features and air conditioning to
maximize sound proofing as conditioned.
J. Impact of the proposed use to the city's infrastructure, and/or services;
The existing restaurant use will continue and current infrastructure is not
anticipated to be impacted.
K. Will the establishment contribute to a concentration of similar outlets in the area;
The existing restaurant use will continue and the proposed modifications will not
change concentration of similar outlets in the area.
L. 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.
No other issues are identified.
SECTION 4. Based on the foregoing, and pursuant to Sections 17.40.020 and
18.40.080 of the Zoning Ordinance, the Planning Commission hereby modifies the
Conditions of Approval of the Conditional Use Permit for on -sale alcohol and live
entertainment, in conjunction with a restaurant for the property at 1332 Hermosa
Avenue, which supersedes City Council Resolution 15-7000 as follows:
Permitted use: dining, alcohol, entertainment
1. The continued operation of the business shall be as a bona fide
restaurant: the kitchen shall be equipped to prepare food from its component
ingredients whenever the restaurant is open and it shall offer a full-service lunch and/or
dinner menu; food service from the menu shall be available during all hours that the
establishment is open for business, provided that said food service may cease one hour
prior to close daily.
2. Alcohol may be served for on -premise consumption only and in a
manner consistent with its license issued by the State Department of Alcoholic
Beverage Control (ABC).
3. The restaurant shall maintain sales reports showing the actual items sold
and price charged and invoices for all food, nonalcoholic beverages and alcohol
beverages sold for the prior twelve (12) months. Should the planning commission or city
council initiate a CUP modification or revocation proceeding, the commission, or the
council, may at its discretion require the subject business to provide (a) a statement of
the percentage of gross sales, computed monthly, that resulted from the sale of
prepared food for not longer than the prior twelve (12) months; and (b) the supporting
data upon which the percentage is based. The planning commission, or city council,
may also require an audit of the records of the business by a certified public accountant
to determine the gross sales of food and alcohol or a forensic audit by a qualified
• auditor selected by the city of the information and data systems by which the
3
information is produced. The results of these audits may be used to determine whether
• the grounds for modification or revocation exist. When considering revocation or
modification, a restaurant that sells or provides on -sale alcoholic beverages will be
presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are
consistent with the ratios in Section 17.70.010 (H) of the Hermosa Beach Municipal
Code.
4. Live entertainment incidental to food service is permitted, and the types
permitted shall be consistent with definition thereof in Section 17.04.050 of the
Municipal Code and may include live music, amplified (including disc jockeys) or
non -amplified and similar live performances such as stand-up comedy, and/or live
theater on a regular basis. Live entertainment shall be "incidental" in the sense that it
serves to entertain customers who are in the premises for the purpose of dining.
Dancing by both employees and patrons is strictly prohibited and signs shall be
maintained- in the/restaurant notifying of this restriction.
5. Admission shall not be charged for entrance into the business, nor shall
drink minimums of any kind be imposed at any time. Entry to the establishment shall not
be limited to persons 21 years of age or older.
6. The business is prohibited from using "outside promoters" to advertise the
venue and to organize and produce events at the venue. Promoters as used herein are
described as "an individual or organization that uses the facilities of another owner to
• organize, oversee, or otherwise promote entertainment that is not part of the primary
business use. The business shall be under the exclusive control of the owners at all
times.
7. The permittee shall not solicit, advertise, or otherwise encourage the use
of its premises for "pub crawl" activities whereby persons travel in an organized or
predetermined fashion between premises with the goal of consuming alcoholic
beverages at each stop along the way.
Hours of operation
8. The hours of operation for all operations of the restaurant, including the
bar area, shall be limited to between 7:00 A.M. and 12:00 Midnight daily, except for New
Year's Eve, when the hours may be extended to 1:00 on January 1. Live Entertainment
shall be limited to between 7:00 PM and 11:30 PM Thursdays through Sundays and on
Federal and State holidays, Cinco de Mayo, and St. Patrick's Day. All customers shall
vacate the premises by not later than 12:00 Midnight (1:00 AM on January 1st) and the
doors shall be locked.
Floor plan
9. The furniture and interior improvement within the business operation shall
conform to the floor plan dated September 25, 2017, attached as "Exhibit A". The use
• consisting of a restaurant with on -sale general alcohol, live entertainment and open air
dining, shall be substantially consistent with the plans submitted September 25, 2017
and approved by the Planning Commission on October 17, 2017. Minor modifications to
the plans shall be reviewed and may be approved by the Community Development
Director. Any substantial deviation must be reviewed and approved by the Planning
Commission. Under no circumstances shall furniture or other interior/exterior
improvements be rearranged to accommodate dancing, more entertainment or greater
occupancy absent approval by the Planning Commission by way of modification of the
Conditional Use Permit.
Occupant Load: over -crowding
10. The modifications and the operation shall comply with all requirements of
the Building, Fire and Public Works Departments. The applicant shall submit a plan for
occupant load calculation and approval prior to issuance of the Certificate of Final
Occupancy.
Nuisance avoidance, patron behavior and noise
11. The business shall not operate in a manner that adversely effects or
interferes with the comfortable enjoyment of neighboring residential and commercial
property.
12. The business shall employ adequate staffing and management/
supervision to prevent serving underage persons, over -serving alcohol, and loitering,
unruliness, and boisterous behavior by patrons both inside and outside on the business
premises, or in the immediate area. A manager who is aware of the conditions of this
Conditional Use Permit shall be on the premises during business hours. The
Conditional Use Permit shall be maintained on the premise in a location where
employees can easily read the conditions.
13. If the Police Chief determines that there are a disproportionate number of
police calls to the business due to the disorderly or disruptive behavior of patrons and
the inability or refusal of the business to manage its patrons, the Chief shall so notify the
Director of Community Development of this action, who shall forthwith schedule a public
hearing before the Planning Commission to consider modification or revocation of this
Conditional Use Permit.
14. Prior to implementation of Live Entertainment the location(s) and all
mitigation measures shall be reviewed and may be approved by the Planning
Commission. The building shall be equipped with acoustic features to maximize sound
proofing which shall include the use of double -pane windows or an equivalent and the
installation of air conditioning so that windows and doors shall remain closed during live
entertainment.
• 15. Noise emanating from the property shall be within the limitations
5
• prescribed by the City's Noise Ordinance and shall not create a nuisance to surrounding
residential neighborhoods, and/or commercial establishments. Noise emanating
from the property shall be monitored to verify compliance with the Noise Ordinance in
response to any complaints.
16. The exterior of the premises shall be maintained in a neat and clean
manner, and maintained free of graffiti at all times.
Miscellaneous conditions
17. The provisions of this Conditional Use Permit shall take effect immediately
upon adoption by the Planning Commission and upon completion of the applicable
appeal period, should no appeal be filed.
18. This Conditional Use Permit Resolution shall supersede and replace City
Council Resolution 15-7000 which is hereby rescinded and of no further force and
effect.
19. The operation of the business shall comply with all Ordinances,
regulations and laws applicable to a business of this kind in effect as of the date hereof
or hereafter adopted. In addition to any other remedy available at law, in equity or as
provided in the Municipal Code, (i) any significant or material violation, or (ii) any
repeated, continuous or sustained violation of any condition of approval of this
•
Conditional Use Permit shall constitute cause for revocation of this Permit. The
Permittee shall be required to reimburse the City fully for its costs and expenses,
including but not limited to attorney's fees, in undertaking any such corrective
action. Reimbursement of enforcement costs shall constitute a civil debt and may be
collected by any means permitted by law. In the event that violations of this Permit
occur, the City shall refrain from issuing further permits, licenses or other approvals until
such violation has been fully remedied.
•
20. The project shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including but not
limited to: California Department of Alcoholic Beverage Control, Los Angeles County
Health Department, California Disabled Access Standards (Government Code Title 24),
and Los Angeles County National Pollutant Discharge Elimination System Permit
(NPDES).
21. The restaurant with on -sale alcoholic beverage service may be subject to
a periodic review process established by the City to verify conformance with the
conditions of approval.
22. The provision of alcoholic beverages shall comply with the following:
a. All alcoholic beverages shall be served in non -disposable drinkware.
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b. Signs shall be posted in a conspicuous location warning patrons of the
illegality of removing alcoholic beverages from the restaurant, and
carrying and consuming alcoholic beverages in any public place such
as the public sidewalk or beach.
23. To reduce marine debris associated with take-out containers, the
establishment shall not use take-out containers with a "No. 6" recycle code.
24. The practice of washing and rinsing restaurant floor mats, equipment,
tables, etc., or discharge of any liquids, other than stormwater, onto the public right -or
way, into the parking lot drain or stormdrains, is strictly prohibited. Discharge of liquids
or wash water shall be limited to the sanitary sewer.
25. Exterior and interior water use shall comply with Chapter 8.56.
26. Approval of this permit shall expire twenty-four (24) months from the date
of approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more extensions
of time may be requested. No extension shall be considered unless requested, in
writing to the Community Development Director including the reason therefore, at least
60 days prior to the expiration date. No additional notice of expiration will be provided.
SECTION 5. The Conditional Use Permit, as modified, shall be recorded, and
proof of recordation shall be submitted to the Community Development Department
prior to commencement or issuance of Building Permit Certificate of Occupancy.
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 Conditional Use Permit.
Each of the above conditions 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 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 hereafter adopted that is 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.
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.
• The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach
and its agents, officers and employees from any claim, action or proceeding against the
• City or its agents, officers or employees to attack, set aside, void or annul this Parking
Plan and Conditional Use Permit. The City shall promptly notify the Permittee of any
claim, action or proceeding and the City shall fully cooperate in the defense. If the City
fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails
to cooperate fully in the defense, the Permittee shall not thereafter be responsible to
defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that 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
Permit.
SECTION 6. 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.
VOTE: AYES: Comms.Flaherty, Pedersen,Rice,Chmn.Saemann
NOES: Comm.Hoffman
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 17-27 is a true and complete record of
the action taken by the Planning Commission of the City of He osa : zac ? Calif
at its regular meeting of October 17, 2017.
ob
Rob Saemann, Chairman
October 17, 2017
Date
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obertson, e - ary
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P.C. Resolution 17-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE
PARCEL MAP NO. 74936 FOR A TWO -UNIT DETACHED
CONDOMINIUM PROJECT AT 1610 LOMA DRIVE, LEGALLY
DESCRIBED AS LOT 7, HISS ADD TO HERMOSA BEACH, CITY OF
HERMOSA BEACH AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed on May 9, 2017 by the property
owner/applicant 537 HS, LLC CIO Adam Barshay, for development of property located
at 1610 Loma Drive, seeking approval of Conditional Use Permit 17-5, Precise
Development Plan 17-5, and Vesting Tentative Parcel Map #74936 for a two -unit
detached residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing
to consider the subject application on October 17, 2017, at which time testimony and
• evidence, both written and oral, was presented to and considered by the Planning
Commission.
Section 3. The project is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b),
Class 3 Exemption, New Construction or Conversion of Small Structures, because the
project is construction of limited numbers (two) of new, small structures. More
specifically, the project is comprised of multi -family residential structures in an
urbanized area, totaling no more than six dwelling units.
Section 4. Based on the evidence received at the public hearing, the Planning
Commission makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional
Use Permit and Vesting Tentative Parcel Map to demolish a triplex and develop a
two -unit detached residential condominium project.
2. The subject property contains approximately 4,243 square feet, is designated
Medium Density Residential on the General Plan Map, and R-2 Two -Family
Residential on the Zoning Map.
Section 5. Based on the testimony and evidence received, the Planning
• Commission finds that the proposed project is consistent with applicable goals and
policies of the PLAN Hermosa, the City's combined General Plan and Local Coastal
Plan, in that it is consistent with: the purpose, uses and density range of the Medium
1
Density Residential Land Use designation; the future vision, land uses and designed
• form and character of the Sand Section Neighborhood Character Area; and the
associated applicable PLAN Hermosa goals and policies.
•
Section 6. Based on the testimony and evidence received, the Planning
Commission makes the following findings pertaining to the application for a Vesting
Tentative Parcel Map pursuant to the California Government Code Section 66474 and
Sections 16.08.060 and 16.16.060 of the Municipal Code:
3. The proposal is consistent with the General Plan Medium Density Residential
designation and R-2 zone because the project is an allowed use and has a density
of less than 25 dwelling units per acre, and as conditioned complies with all
standards.
4. The site is physically suitable for a two -unit detached residential condominium
project with Unit A and Unit B containing three levels. Each unit will provide a two -
car garage. One designated guest parking space per each unit is provided from
Loma Drive located in tandem with the garage and one shared guest parking space
for both units, which totals to three guest parking spaces on-site.
5. The subdivision and improvements provide for adequate drainage, sanitation and
potable water, underground utilities, parking and construction requirements, and
therefore are not likely to cause public health problems. The project as conditioned
will provide permeable surfacing and storm water retention facilities to the maximum
extent feasible per Section 8.44.095 and any additional non -percolated or retained
storm water will be conveyed to an onsite subsurface infiltration system as required by
Section 8.44.095 subject to maintenance agreements.
6. The property is accessed via Loma Drive and does not exhibit dedicated public
easements. Therefore, the subdivision and improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment,
being consistent with purposes of the designation, density and development
standards, and parking, access and services are provided.
8. The project as conditioned will conform to all zoning and condominium standards
and will be compatible with neighboring properties, which are developed with similar
multi -story single -and multi -family residences.
9. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat because the project is categorically exempt from CEQA
pursuant to CEQA Guidelines Sections 15303(b).
10. The proposed subdivision will be consistent with the prevailing lot patterns and are
• not likely to reduce property values in the surrounding neighborhood area because
the project is similar to surrounding development, consists only of the division of
airspace at less than the maximum density allowed, and conditions have been
placed on the project to ensure compatibility.
11.The granting of the subdivision will result in division of a conforming sized and
configured lot into airspace for condominium units of size and design conforming to
the R-2 zone and condominium ordinance.
Section 7. Based on the testimony and evidence received, the Planning
Commission makes the following findings pertaining to the application for Conditional
Use Permit and Precise Development Plan pursuant to Sections 17.40.020 and
17.58.030 of the Municipal Code.
12. The proposal is consistent with the General Plan Medium Density Residential
designation and R-2 zone because the project is an allowed use and has a density
of less than 25 units per acre, and as conditioned complies with all standards.
13. The site is zoned R-2 and is physically suitable for a two -unit attached residential
condominium project with Unit A and Unit B containing three levels. Each unit will
provide a two -car garage. One designated guest parking space per each unit is
provided from Loma Drive located in tandem with the garage and one shared guest
parking space for both units, which totals to three guest parking spaces on-site.
14. Both Units A and B comply with Section 17.12.080 of R-2 Two -Family Residential
Open Space standards and provide a minimum of 300 square feet of open space
per unit.
15.The subdivision and improvements provide for adequate drainage, sanitation and
potable water, underground utilities, supply all required off-street parking, sidewalks,
and safe access from a public street, will not cause substantial traffic impacts due to
minimal increase in density, and will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned is compatible and consistent with
the immediate environment, including maintenance of water quality and reduction of
marine pollution via onsite retention of storm water to compensate for loss of
permeable surfaces and landscaping to enhance aesthetics, being consistent with
purposes of the designation, all density and development standards, and access and
services are provided. An in -lieu Park and Recreation Area Dedication fee is required
for each unit.
17.The proposed project as conditioned is consistent with the General Plan and will
ensure compatibility of the proposed density, use and design with neighboring
residential properties, which also contain multi -story single and multi -family
residences. The project as conditioned complies with Section 17.22.060 because the
lot width exceeds 29 feet, unit sizes exceed the minimum requirement of 1,600
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square feet for Unit A and Unit B, the project does not exceed the 30 foot height
limit, minimum open space of 300 square feet is met, and the front setback meets
the five-foot minimum requirement.
18.All utilities will be placed underground, integrated into the design, separately
metered and independently provided in each unit. Stormwater runoff will be
minimized and a final landscape plan shall be provided per the Green Building,
Water Efficient, Water Conservation and Condominium landscape standards and the
required landscape plan shall be provided, per Sections 8.60, 8.44, and 8.56.
Section 8. Based on the foregoing, the Planning Commission hereby
approves the subject Conditional Use Permit, Precise Development Plan, and Vesting
Tentative Parcel Map for a two -unit detached condominium project subject to the
following Conditions of Approval:
General:
1. The development and continued use of the property shall be in conformance
with submitted plans received and reviewed by the Planning Commission at
its meeting of October 17, 2017, revised in accordance with the conditions
below. The Community Development Director may approve minor
modifications that do not otherwise conflict with the Hermosa Beach
Municipal Code or requirements of this approval.
2. The project shall fully comply with all requirements of the R-2 zone as
applicable and the Condominium Ordinance in Chapter 17.22 of the Municipal
Code, including but not limited to:
a) Height including required roof deck railings shall fully comply with the
30 -foot height limit. Precise building height compliance shall be
reviewed at the time of Plan Check, to the satisfaction of the Community
Development Director.
b) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment
for solar energy and solar thermal shall also be supplied per Section
15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on
structural plans and reviewed at the time of Building Division Plan
Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each
unit in accordance with Section 17.22.060(E).
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f) Designated, screened solid waste storage areas, a minimum of 2.5' x
2.5' (length times width) each, for three solid waste storage bins shall be
shown on the site plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be
reviewed and approved by the Community Development Director in
conformance with Section 17.22.050 and conditions of this approval prior to
the issuance of Building Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the
Community Development Director prior to the issuance of Certificate of
Occupancy.
b) Seven (7) parking spaces (four garage spaces, one designated guest
space per unit in tandem with the garage, and a shared guest space for
both units) shall be maintained on-site. All parking spaces shall remain
available for parking and shall not be used for storage or other
purposes. Storage of boats, trailers, and recreational vehicles shall not
be allowed and the CC&Rs shall reflect this condition.
4. The project shall comply with all requirements of the Building Division, Public
Works Department, and Fire Department, and the Hermosa Beach Municipal
Code.
Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans
approved by the Planning Commission, indicating size, type, quantity and
characteristics of landscape materials shall be submitted to the Community
Development Department and Planning Division for review and approval prior
to the issuance of Building Permits. The Final Plan shall also include the
following:
a) The applicant shall provide a landscape plan to comply with Sections
17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community
Development Director and Public Works Director.
b) An automatic landscape sprinkler system consistent with Section
17.22.060(H) shall be provided, and shall be shown on plans (Building
Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on
building elevations, site and floor plans. Precise building height compliance
shall be reviewed at the time of Plan Check, to the satisfaction of the
Community Development Director. In addition:
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a) All parking dimensions shall comply with Chapter 17.44. Roll -up
automatic garage doors shall be installed on all garage door openings
and clearly indicated on floor plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be downcast, fully shielded and illumination
shall be contained within the property boundaries. Lighting shall be
energy conserving and motion detector lighting shall be used for all
lighting except low-level (3 feet or less in height) security lighting and
porch lights. Lamp bulbs and images shall not be visible from within
any onsite or offsite residential unit. Exterior lighting shall not be
deemed finally approved until 30 days after installation, during which
period the building official may order the dimming or modification of
any illumination found to be excessively brilliant or impacting to nearby
properties.
d) Any satellite dish antennas and/or similar equipment shall comply with
Section 17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in
the driveway, guest parking space and other non -landscaped areas to the
maximum extent feasible. If providing water -permeable surfaces on at least
50% of exterior surface area is not feasible and incorporating measures in
8.44.095 to the extent practicable to infiltrate the volume of runoff produced by
a 0.80 inch twenty four (24) hour rain event, then the applicant shall infiltrate
runoff on-site. In the event that subsurface infiltration is required, plans shall
designate the exact location of the subsurface infiltration system, the applicant
shall enter into a maintenance agreement with the City (prior to final map
approval) for the ongoing infiltration, and provide a surety bond to the City to
guarantee that on-site, subsurface infiltration is achieved. The amount of the
bond shall be determined by the Building Division. All other drainage shall be
routed to an off-site facility or on-site permeable area approved by the City.
To the extent possible, a portion of roof drainage shall be routed to on-site
permeable areas. No drainage shall flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to
discharge waters onto the street, the property owner(s) shall record an
agreement to assume the risk associated with use and operation of said sump
pump, release the City from any liability, and indemnify the City regarding
receipt of surface waters from the property. The recorded agreement must be
filed with the City prior to issuance of the Certificate of Occupancy.
8. The plans and construction shall comply with all requirements of the Building
Code in Title 15 and Green Building Standards in Chapter 15.48. Water
conservation practices set forth in Section 8.56.070 shall be complied with and
noted on construction plans.
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9. Two copies of final construction plans, including site, elevation and floor
plans, which are consistent with the conditions of approval of this conditional
use permit, shall be reviewed and approved by the Planning Division for
consistency with Planning Commission approved plans and this Resolution
prior to the submittal to the Building Division for Plan Check.
10.Prior to the submittal of structural plans to the Building Division for Plan
Check an `Acceptance of Conditions' affidavit and recording fees shall be filed
with the Planning Division of the Community Development Department stating
that the applicant/property owner is aware of, and agrees to accept, all of the
conditions of this grant of approval.
11.The applicant shall submit all required plans and reports to comply with the
City's construction debris recycling program including manifests from both
the recycler and County landfill; at least 65% of demolition debris associated
with demolition of the existing improvements and new construction shall be
recycled.
12.The address of each condominium unit shall be conspicuously displayed on
the street side of the buildings with externally or internally lit numbers and the
method for illumination shall be shown on plans. Address numbering and
display shall be subject to approval by the Community Development
Department.
Public Works
13. Prior to issuance of a Building Permit, an approved civil engineering plans
prepared by a licensed civil engineer, and approved by Public Works,
addressing grading, undergrounding of all utilities, pavement, sidewalk, curb
and gutter improvements, on-site and off-site drainage (no sheet flow
permitted), installation of utility laterals, and all other improvements necessary
to comply with the Municipal Code and Public Works specifications, shall be
filed with the Community Development Department.
a) The base of the driveway approach shall not exceed 16 feet with 3 feet
wings on each side and the 6" raised curb shall be constructed per
Standard plan for Public Works Construction STD # 120-20 between
property line frontage.
14.Civil engineering plans shall include adjacent properties/structures, sewer
laterals, and storm drain main lines on street.
15. Project construction shall protect private and public property in compliance
with Sections 15.04.070 and 15.04.140. No work in the public right of way shall
commence unless and until all necessary permits are attained from the Public
Works Department including if required, an approved Residential or
Commercial Encroachment Permit.
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16.Sewer flow rate for upstream and downstream manhole along with manhole
rim/lid elevations must be submitted prior to grading and plan check. Sewer
lateral video must be submitted with plan check submittal, if the developer
plans to use the existing sewer lateral. Sewer lateral work may be required
after review of the sewer lateral video.
17. Sewer lateral video must be submitted with plan check submittal, if the
developer plans to use the existing sewer lateral. Sewer lateral work may be
required after review of the sewer lateral video.
18.Sewer main work may be required after review of sewer lateral video.
19.The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44) and must implement Low Impact Development
Standards, and submit at time of grading and plan check along with an
erosion control plan.
Final Map and Certificate of Occupancy
20.The Final Map shall comply with all requirements of the Subdivision Map Act
and Chapter 16.08 of the Municipal Code.
21. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa
Beach Park and Recreation Area Dedication fees per unit in lieu of onsite
parkland dedication pursuant to Chapter 16.12.
22. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or
apportioned to any newly created parcels. Notice of same shall be provided to
the Community Development Director. Assessment payoff amounts may be
obtained by calling the City's Assessment Administrator at (800) 755-6864.
Applications for apportionment may be obtained in the Public Works
Department.
Construction
23.Prior to issuance of a Building Permit, abutting property owners and residents
within 100 feet of the project site shall be notified of the anticipated date for
commencement of construction.
a) The form of the notification shall be provided by the Planning Division
of the Community Development Department.
b) Building permits will not be issued until the applicant provides an
affidavit certifying mailing of the notice.
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24. Project construction shall conform to the Noise Control Ordinance
requirements in Section 8.24.050. Allowed hours of construction shall be
printed on the building plans and posted at construction site.
25.Traffic control measures, including flagmen, shall be utilized to preserve
public health, safety, and welfare.
Other:
26.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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative
Map shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building
permit.
27.Approval of these permits shall expire twenty-four (24) months from the date
of approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered
unless requested, in writing to the Community Development Director including
the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
28.The Planning Commission may review this Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map 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.
29.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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map
shall be recorded, and proof of recordation shall be submitted to the Community
Development Department prior to the issuance of a building permit.
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Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the
City of Hermosa Beach, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against the indemnified parties and the applicant to attack, set aside, or void
any permit or approval for this project authorized by the City, including (without
limitation) reimbursing the City its actual attorney's fees and costs in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
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.
Section 10. 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. .
VOTE: AYES: Comms.Flaherty,Hoffman,Pedersen,Rice,Chmn.Saemenn
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-26 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 of October 17, 2017.
Rob Saemann, Chairma
October 17, 2017
Date
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P.C. Resolution 17-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE
PARCEL MAP NO. 74766 FOR A THREE -UNIT ATTACHED
CONDOMINIUM PROJECT AT 1010 MONTEREY BOULEVARD,
LEGALLY DESCRIBED AS LOT 1, BLK 56, FIRST ADD TO HERMOSA
BEACH, CITY OF HERMOSA BEACH AND DETERMINATION THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed on June 14, 2017 by the property
owner/applicant 1010 Monterey HB, CIO Scott Kerwin, Manager, for development of
property located at 1010 Monterey Boulevard seeking approval of Conditional Use
Permit 17-9, Precise Development Plan 17-9, and Vesting Tentative Parcel Map #74766
for a three -unit attached residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on September 19, 2017, at which time testimony and
evidence, both written and oral, was presented to and considered by the Planning
Commission.
Section 3. The project is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b),
Class 3 Exemption, New Construction or Conversion of Small Structures, because the
project is construction of limited numbers (two) of new, small structures. More
specifically, the project is comprised of multi -family residential structures in an
urbanized area, totaling no more than six dwelling units.
Section 4. Based on the evidence received at the public hearing, the Planning
Commission makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional
Use Permit and Vesting Tentative Parcel Map to demolish a single-family residence
and develop a three -unit attached residential condominium project.
2. The subject property contains approximately 4,993 square feet, is designated High
Density Residential on the General Plan Map, and R-3 Multiple Family Residential
on the Zoning Map.
Section 5. Based on the testimony and evidence received, the Planning
Commission finds that the proposed project is consistent with applicable goals and
• policies of the PLAN Hermosa, the City's combined General Plan and Local Coastal
Plan, in that it is consistent with: the purpose, uses and density range of the High
1
Density Residential Land Use designation; the future vision, land uses and designed
form and character of the Sand Section Neighborhood Character Area; and the
•
associated applicable PLAN Hermosa goals and policies.
Section 6. Based on the testimony and evidence received, the Planning
Commission makes the following findings pertaining to the application for a Vesting
Tentative Parcel Map pursuant to the California Government Code Section 66474 and
Sections 16.08.060 and 16.16.060 of the Municipal Code:
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3. The proposal is consistent with the General Plan High Density Residential
designation and R-3 zone because the project is an allowed use and has a density
of less than 33 dwelling units per acre, and as conditioned complies with all
standards.
4. The site is physically suitable for a three -unit attached residential condominium
project with Unit A, Unit B, and Unit C containing three levels. Each unit will provide
a two -car garage. Two designated guest parking spaces are provided from Monterey
Boulevard for Unit A and another two designated guest parking spaces are provided
from 10th Street for Unit B. One designated guest parking space located parallel
with the alley is provided from Sunset Drive for Unit C.
5. The subdivision and improvements provide for adequate drainage, sanitation and
potable water, underground utilities, parking and construction requirements, and
therefore are not likely to cause public health problems. The project as conditioned
will provide permeable surfacing and storm water retention facilities to the maximum
extent feasible per Section 8.44.095 and any additional non -percolated or retained
storm water will be conveyed to an onsite subsurface infiltration system as required by
Section 8.44.095 subject to maintenance agreements.
6. The property is accessed via Monterey Boulevard, 10th Street and Sunset Drive and
does not exhibit dedicated public easements. Therefore, the subdivision and
improvements will not conflict with easements acquired by the public at large for
access through or use of property within the proposed subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment,
being consistent with purposes of the designation, density and development
standards, and parking, access and services are provided.
8. The project as conditioned will conform to all zoning and condominium standards
and will be compatible with neighboring properties, which are developed with similar
multi -story single -and multi -family residences.
9. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat because the project is categorically exempt from CEQA
pursuant to CEQA Guidelines Sections 15303(b).
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10. The proposed subdivision will be consistent with the prevailing lot patterns and are
not likely to reduce property values in the surrounding neighborhood area because
the project is similar to surrounding development, consists only of the division of
airspace at less than the maximum density allowed, and conditions have been
placed on the project to ensure compatibility.
11.The granting of the subdivision will result in division of a conforming sized and
configured lot into airspace for condominium units of size and design conforming to
the R-3 zone and condominium ordinance.
Section 7. Based on the testimony and evidence received, the Planning
Commission makes the following findings pertaining to the application for Conditional
Use Permit and Precise Development Plan pursuant to Sections 17.40.020 and
17.58.030 of the Municipal Code.
12.The proposal is consistent with the General Plan High Density Residential
designation and R-3 zone because the project is an allowed use and has a density
of less than 33 units per acre, and as conditioned complies with all standards.
13.The site is zoned R-3 and is physically suitable for a two -unit attached residential
condominium project with all units containing three levels. Each unit will provide a
two -car garage. Two designated guest parking spaces are provided from Monterey
Boulevard for Unit A and another two designated guest parking spaces are provided
from 10th Street for Unit B. One designated guest parking space located parallel
with the alley is provided from Sunset Drive for Unit C.
14. Units A, B, C comply with Section 17.16.080 of R-3 Multiple Family Residential Open
Space standards and provide a minimum of 300 square feet of open space per unit.
15.The subdivision and improvements provide for adequate drainage, sanitation and
potable water, underground utilities, supply all required off-street parking, sidewalks,
and safe access from a public street, will not cause substantial traffic impacts due to
minimal increase in density, and will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned is compatible and consistent with
the immediate environment, including maintenance of water quality and reduction of
marine pollution via onsite retention of storm water to compensate for loss of
permeable surfaces and landscaping to enhance aesthetics, being consistent with
purposes of the designation, all density and development standards, and access and
services are provided. An in -lieu Park and Recreation Area Dedication fee is required
for each unit.
17.The proposed project as conditioned is consistent with the General Plan and will
ensure compatibility of the proposed density, use and design with neighboring
residential properties, which also contain multi -story single and multi -family
residences. The project as conditioned complies with Section 17.22.060 because the
lot width exceeds 29 feet, unit sizes exceed the minimum requirement of 1,600
3
square feet for all units, the project does not exceed the 30 foot height limit,
minimum open space of 300 square feet is met, and the front setback meets the
five-foot minimum requirement.
18.AII utilities will be placed underground, integrated into the design, separately
metered and independently provided in each unit. Stormwater runoff will be
minimized and a final landscape plan shall be provided per the Green Building,
Water Efficient, Water Conservation and Condominium landscape standards and the
required landscape plan shall be provided, per Sections 8.60, 8.44, and 8.56.
Section 8. Based on the foregoing, the Planning Commission hereby approves
the subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative
Parcel Map for a three -unit attached condominium project subject to the following
Conditions of Approval:
General:
1. The development and continued use of the property shall be in conformance
with submitted plans received and reviewed by the Planning Commission at
its meeting of September 19, 2017, revised in accordance with the conditions
below. The Community Development Director may approve minor
modifications that do not otherwise conflict with the Hermosa Beach
Municipal Code or requirements of this approval.
• 2. The project shall fully comply with all requirements of the R-3 zone as
applicable and the Condominium Ordinance in Chapter 17.22 of the Municipal
Code, including but not limited to:
a) Height including required roof deck railings shall fully comply with the
30 -foot height limit. Precise building height compliance shall be
reviewed at the time of Plan Check, to the satisfaction of the Community
Development Director.
b) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment
for solar energy and solar thermal shall also be supplied per Section
15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on
structural plans and reviewed at the time of Building Division Plan
Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each
unit in accordance with Section 17.22.060(E).
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f) Designated, screened solid waste storage areas, a minimum of 2.5' x
2.5' (length times width) each, for three solid waste storage bins shall be
shown on the site plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be
reviewed and approved by the Community Development Director in
conformance with Section 17.22.050 and conditions of this approval prior to
the issuance of Building Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the
Community Development Director prior to the issuance of Certificate of
Occupancy.
b) Eleven (11) parking spaces (six garage spaces and two designated
guest spaces in tandem with the garages for Unit A and Unit B, and one
designated guest space for Unit C) shall be maintained on-site. All
parking spaces shall remain available for parking and shall not be used
for storage or other purposes. Storage of boats, trailers, and
recreational vehicles shall not be allowed and the CC&Rs shall reflect
this condition.
4. The project shall comply with all requirements of the Building Division, Public
Works Department, and Fire Department, and the Hermosa Beach Municipal
Code.
Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans
approved by the Planning Commission, indicating size, type, quantity and
characteristics of landscape materials shall be submitted to the Community
Development Department and Planning Division for review and approval prior
to the issuance of Building Permits. The Final Plan shall also include the
following:
a) The applicant shall provide a landscape plan to comply with Sections
17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community
Development Director and Public Works Director.
b) An automatic landscape sprinkler system consistent with Section
17.22.060(H) shall be provided, and shall be shown on plans (Building
Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on
building elevations, site and floor plans. Precise building height compliance
shall be reviewed at the time of Plan Check, to the satisfaction of the
Community Development Director. In addition:
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a) All parking dimensions shall comply with Chapter 17.44. Roll -up
automatic garage doors shall be installed on all garage door openings
and clearly indicated on floor plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be downcast, fully shielded and illumination
shall be contained within the property boundaries. Lighting shall be
energy conserving and motion detector lighting shall be used for all
lighting except low-level (3 feet or less in height) security lighting and
porch lights. Lamp bulbs and images shall not be visible from within
any onsite or offsite residential unit. Exterior lighting shall not be
deemed finally approved until 30 days after installation, during which
period the building official may order the dimming or modification of
any illumination found to be excessively brilliant or impacting to nearby
properties.
d) Any satellite dish antennas and/or similar equipment shall comply with
Section 17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in
the driveway, guest parking space and other non -landscaped areas to the
maximum extent feasible. If providing water -permeable surfaces on at least
50% of exterior surface area is not feasible and incorporating measures in
8.44.095 to the extent practicable to infiltrate the volume of runoff produced by
a 0.80 inch twenty four (24) hour rain event, then the applicant shall infiltrate
runoff on-site. In the event that subsurface infiltration is required, plans shall
designate the exact location of the subsurface infiltration system, the applicant
shall enter into a maintenance agreement with the City (prior to final map
approval) for the ongoing infiltration, and provide a surety bond to the City to
guarantee that on-site, subsurface infiltration is achieved. The amount of the
bond shall be determined by the Building Division. All other drainage shall be
routed to an off-site facility or on-site permeable area approved by the City.
To the extent possible, a portion of roof drainage shall be routed to on-site
permeable areas. No drainage shall flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to
discharge waters onto the street, the property owner(s) shall record an
agreement to assume the risk associated with use and operation of said sump
pump, release the City from any liability, and indemnify the City regarding
receipt of surface waters from the property. The recorded agreement must be
filed with the City prior to issuance of the Certificate of Occupancy.
8. The plans and construction shall comply with all requirements of the Building
Code in Title 15 and Green Building Standards in Chapter 15.48. Water
conservation practices set forth in Section 8.56.070 shall be complied with and
noted on construction plans.
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9. Two copies of final construction plans, including site, elevation and floor
plans, which are consistent with the conditions of approval of this conditional
use permit, shall be reviewed and approved by the Planning Division for
consistency with Planning Commission approved plans and this Resolution
prior to the submittal to the Building Division for Plan Check.
10. Prior to the submittal of structural plans to the Building Division for Plan
Check an `Acceptance of Conditions' affidavit and recording fees shall be filed
with the Planning Division of the Community Development Department stating
that the applicant/property owner is aware of, and agrees to accept, all of the
conditions of this grant of approval.
11.The applicant shall submit all required plans and reports to comply with the
City's construction debris recycling program including manifests from both
the recycler and County landfill; at least 65% of demolition debris associated
with demolition of the existing improvements and new construction shall be
recycled.
12.The address of each condominium unit shall be conspicuously displayed on
the street side of the buildings with externally or internally lit numbers and the
method for illumination shall be shown on plans. Address numbering and
display shall be subject to approval by the Community Development
Department.
• Public Works
13. Prior to issuance of a Building Permit, an approved civil engineering plans
prepared by a licensed civil engineer, and approved by Public Works,
addressing grading, undergrounding of all utilities, pavement, sidewalk, curb
and gutter improvements, on-site and off-site drainage (no sheet flow
permitted), installation of utility laterals, and all other improvements necessary
to comply with the Municipal Code and Public Works specifications, shall be
filed with the Community Development Department.
14. Civil engineering plans shall include adjacent properties/structures, sewer
laterals, and storm drain main lines on street.
15. Project construction shall protect private and public property in compliance
with Sections 15.04.070 and 15.04.140. No work in the public right of way shall
commence unless and until all necessary permits are attained from the Public
Works Department including if required, an approved Residential or
Commercial Encroachment Permit.
16. Sewer flow rate for upstream and downstream manhole along with manhole
rim/lid elevations must be submitted prior to grading and plan check. Sewer
lateral video must be submitted with plan check submittal, if the developer
plans to use the existing sewer lateral. Sewer lateral work may be required
after review of the sewer lateral video.
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17. Sewer lateral video must be submitted with plan check submittal, if the
developer plans to use the existing sewer lateral. Sewer lateral work may be
required after review of the sewer lateral video.
18. Sewer main work may be required after review of sewer lateral video.
19.The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44) and must implement Low Impact Development
Standards, and submit at time of grading and plan check along with an
erosion control plan.
Final Map and Certificate of Occupancy
20.The Final Map shall comply with all requirements of the Subdivision Map Act
and Chapter 16.08 of the Municipal Code.
21. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa
Beach Park and Recreation Area Dedication fees per unit in lieu of onsite
parkland dedication pursuant to Chapter 16.12.
22. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or
apportioned to any newly created parcels. Notice of same shall be provided to
the Community Development Director. Assessment payoff amounts may be
obtained by calling the City's Assessment Administrator at (800) 755-6864.
Applications for apportionment may be obtained in the Public Works
Department.
Construction
23. Prior to issuance of a Building Permit, abutting property owners and residents
within 100 feet of the project site shall be notified of the anticipated date for
commencement of construction.
a) The form of the notification shall be provided by the Planning Division
of the Community Development Department.
b) Building permits will not be issued until the applicant provides an
affidavit certifying mailing of the notice.
24. Project construction shall conform to the Noise Control Ordinance
requirements in Section 8.24.050. Allowed hours of construction shall be
printed on the building plans and posted at construction site.
25.Traffic control measures, including flagmen, shall be utilized to preserve
public health, safety, and welfare.
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Other:
26.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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative
Map shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building
permit.
27.Approval of these permits shall expire twenty-four (24) months from the date
of approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered
unless requested, in writing to the Community Development Director including
the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
28.The Planning Commission may review this Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map 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.
• 29.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.
•
30.Applicant shall provide plans to move garage back to allow guest parking
spaces on 10th Street to be all on private property to satisfaction of the
Community Development Director.
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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map
shall be recorded, and proof of recordation shall be submitted to the Community
Development Department prior to the issuance of a building permit.
Each of the above conditions 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.
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To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the
City of Hermosa Beach, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against the indemnified parties and the applicant to attack, set aside, or void
any permit or approval for this project authorized by the City, including (without
limitation) reimbursing the City its actual attorney's fees and costs in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
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.
Section 10. 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.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Flaherty,Pedersen,Rice,Chmn.Saemann
None
None
Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-25 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach Califo ia, at
its regular meeting of September 19, 2017.
Rob Saemann,
September 19,
Chairman
2017
Date
10
, ecretary
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P.C. Resolution 17-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, DETERMINING THE 500 SQUARE
FOOT DISPLAY TO BE PAINTED ON THE EAST WALL OF THE
EXISTING BUILDING AT 73 PIER AVENUE IS A MURAL AND
DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. The property owner of 73 Pier Avenue, on August 2, 2017, authorized use of
the east elevation of said structure by a local nonprofit organization known as the Hermosa
Beach Murals Project to mount a 500 square foot display.
Section 2. The Hermosa Beach Murals Project to paint an approximate 500 square foot
image onto the east elevation of the existing building at 73 Pier Avenue, said image depicting
Hermosa Beach lifeguards in action.
Section 3. The City's normal practice is for the Planning Commission to make a
determination regarding a mural prior to installation.
Section 4. Hermosa Beach Municipal Code Section 17.50.030 defines a mural as "a
pictorial representation not specifically identifying goods or services offered by the business on
the premises."
Section 5. Hermosa Beach Municipal Code Section 17.50.130(B) provides that murals
approved by the Planning Commission may be permitted, and in its review the Planning
Commission may waive specific provisions of the City's sign regulations related to total sign
area, coverage, height, type and style.
Section 6. The Planning Commission at its public meeting of September 19, 2017
considered testimony and evidence, both written and oral.
Section 7. The project is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because the project involves
minor alteration to an existing facility.
Section 8. Based on the evidence received at the public meeting, the Planning
Commission makes the following findings:
1. The display meets the definition of a mural as set forth in Hermosa Beach Municipal Code
Section 17.50.030, because:
a. The display is a pictorial representation not specifically identifying goods or services
offered by the business on the premises, and the business on the premises is a restaurant.
1
b. The display's primary purpose is not to identify a product, event, or person, but rather to
celebrate an activity closely associated with the history and culture of the city.
2. Pursuant to Zoning Ordinance Section 17.50.130(B), it is appropriate to waive the specific
provisions of the sign code pertaining to sign area, cover, height, type and style for the
subject 1,275 square foot mural display because:
a. The display meets the definition of a mural;
b. The purpose of the mural is to celebrate the role the Hermosa Beach lifeguard legacy and
history and the role they have played in preserving the community's beach culture. Due to its
proximity to the beach, the high profile location of the mural in a highly used public space,
and the large scale and massing of the wall upon which the mural is proposed to be sited, the
additional area, height, type of style of the mural display are warranted.
Section 9. 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.
VOTE: AYES: Comms.Pedersen,Rice,Chmn.Saemann
NOES: None
ABSTAIN: None
ABSENT: Comms.Flaherty,Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-24 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, its regular
meeting of September 19, 2017.
Rob Saemann, Chairman
9/ic Jj7—
Date
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son, Secretary
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RESOLUTION P.C. 17-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF
A TEXT AMENDMENT TO MUNICIPAL CODE TITLE 17 REGARDING
DEFINITIONS AND STANDARDS FOR ASSEMBLY USES, IN ORDER
FOR THE CITY TO BE CONSISTENT WITH THE FEDERAL RELIGIOUS
LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA), AND
DETERMINING THAT THE PROJECT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. The Planning Commission held a duly noticed public hearing on June 20,
2017 to consider a text amendment regarding definitions and standards for assembly uses, in order
for the City to be consistent with federal civil rights law regarding, Religious Land Use and
Institutionalized Persons Act (RLUIPA). The current Municipal Code does not contain a
definition or standards for "religious institutions," "churches," or "assembly halls," but does
provide development standards for assembly -type uses. This text amendment clarifies the
provisions applicable to assembly -type uses in a manner that better achieves the intent of
existing regulations to apply neutral, consistent regulations to mitigate the impacts for all
assembly -type uses. (TEXT 17-1).
SECTION 2. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the project will not result in
a direct or reasonably foreseeable indirect physical change in the environment because the
project proposes to amend the Municipal Code to allow religious institutions in zones allowing
assembly uses. All assembly uses create the same land use impacts regardless of whether the use
is religious or secular. For purposes of regulating all assembly uses equivalently, there will be
no change in the environmental impacts generated by these uses. This is an administrative
change that is consistent with federal law.
SECTION 3. The Planning Commission finds that the proposed amendment to the
Municipal Code to allow religious institutions in zones allowing assembly uses, is consistent with
the City's General Plan Land Use Element policy to `Ensure the placement of new uses does not
create or exacerbate nuisances between different types of land uses" and the associated
Implementation Objective to `Establish development standards to correspond with any new land
use designations with consideration of neighborhood character areas." The ordinance also furthers
the general purpose of the zoning ordinance by allowing religious institutions in zones allowing
assembly uses, with the requirement to obtain a Conditional Use Permit to address and review
standards and criteria to assure compatibility for assembly -type uses in adjacent zones. The
amendment will not impede the City's ability to meet its general plan goals and the amendment is
necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of
land resources.
The Planning Commission further finds that the proposed amendment to the Municipal Code is
• consistent with the federal civil rights law, Religious Land Use and Institutionalized Persons Act
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(RLUIPA), and clarifies the provisions applicable to assembly -type uses in a manner that better
achieves the intent of existing regulations to apply neutral and consistent regulations to mitigate the
impacts for all assembly -type uses.
SECTION 4. The Planning Commission hereby recommends City Council approval of
the proposed ordinance attached hereto as Exhibit A.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chair Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 17-19 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 of June 20, 2017.
trA
Michael Flaherty, Chairman
June 20, 2017
Date
2
son, Secretary
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Exhibit A
ORDINANCE NO.
AN ORDINANCE REGARDING DEFINITIONS AND STANDARDS
FOR ASSEMBLY USES AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
The City Council of the City of Hermosa Beach does ordain as follows:
Section 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach
Municipal Code is amended by adding/amending the following terms in the alphabetical
list of terms:
"Assembly hall" shall mean any building, or portion of a building, used for public or
private gatherings. For example, and without limitation, assembly hall includes,
convention/meeting halls, business schools, funeral homes, gymnasium/health and
fitness centers, educational institutions (K-12), game arcades with five or more
machines, miniature golf courses, large day spas, movie theatres, museums, music
academies, religious institutions, skating rinks, whether available for public or private
use.
"Convention hall" means an enclosed building or structure used for public assembly for
meetings, conventions or special events. This classification includes assembly halls.
"Religious institutions" shall mean facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches, mosques,
synagogues, temples, etc., and religious schools; and accessory uses on the same site,
such as living quarters for ministers and staff, and child day care facilities where
authorized by the same type of land use permit required for the religious facility itself.
Other establishments maintained by religious organizations, including full-time
educational institutions, hospitals and other potentially related operations (for example,
a recreational camp) are classified according to their respective activities.
Section 2. Section 17.08.020 of Chapter 17.08 of Title 17of the Hermosa Beach
. Municipal Code, R-1 Single -Family Residential Zone, Permitted uses, is amended by (1)
removing "Churches, synagogues, temples and other similar congregations: conditional
use permit required subject to Chapter 17.40;" from the alphabetical list of uses, adding
the following new use category in the alphabetical list of uses to read as follows:
Religious Institutions: conditional use permit required subject to Chapter 17.40; and
renumbering all of the subsections in Section 17.08.020 to reflect these changes.
Section 3. Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach
Municipal Code, C-1, C-2 and C-3 land use regulations, is amended by adding the
following new use category to the alphabetical list of uses to read as follows and to
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delete the use category for business schools, convention/meeting halls, educational
institutions (K-12), funeral homes, including mortuaries, game arcade with five or more
machines, large day spas, miniature golf course, movie theaters, museums, music
academies and skating rinks:
Uses
Assembly halls
C-1 C-2 C-3 See section
U U 17A0
Section 4. The following use category in the alphabetical list of uses in Section
17.28.020 of Chapter 17.28 of Title 17 of the Hermosa Beach Municipal Code, Light
Manufacturing Zone, Permitted uses, is deleted.
Gymnasium/health and fitness center, limited
P 17.28.040
Section 5. Section 17.28.040 of Chapter 17.28 of Title 17 of the Hermosa Beach
Municipal Code, Light Manufacturing Zone, Gymnasium/health and fitness center,
limited, is deleted in its entirety.
Section 6. Section 17.38.540 of Chapter 17.38 of Title 17 of the Hermosa Beach
Municipal Code, Specific Plan Areas, Plan Area No. 11 — Uses, is amended by adding
the following new use category to the alphabetical list of uses to read as follows and to
delete the use category for billiard or pool halls; clubs, private; convention/meeting halls,
gymnasiums/health and fitness centers; large day spas, movie theaters, museums and
music academies:
Uses P or U Section
Assembly halls U 17.40
Section 7. Subsection A of Section 17.44.030 of Chapter 17.44 of Title 17 of the
Hermosa to read as follows:
Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one
(1) space for each fifty (50) square feet of gross floor area in the assembly hall,
whichever is greater.
Section 8. The proposed amendments to Title 17 of the Hermosa Beach Municipal
Code were reviewed by the Planning Commission at a duly noticed public hearing on
June 20, 2017 to consider a text amendment regarding definitions and standards for
assembly uses, in order for the City to be consistent with federal civil rights law
regarding, Religious Land Use and Institutionalized Persons Act (RLUIPA). The current
Municipal Code does not contain a definition or standards for "religious institutions,"
"churches," or "assembly halls," but does provide development standards for assembly -
type uses. This text amendment clarifies the provisions applicable to assembly -type
uses in a manner that better achieves the intent of existing regulations to apply neutral,
consistent regulations to mitigate the impacts for all assembly -type uses.
4
Section 9. The project is exempt from the California Environmental Quality Act (CEQA)
• pursuant to CEQA Guidelines Section 15061(b)(3), because the project will not result in
a direct or reasonably foreseeable indirect physical change in the environment because
the project proposes to amend the Municipal Code to allow religious institutions in
zones allowing assembly uses. All assembly uses create the same land use impacts
regardless of whether the use of is religious or secular. For purposes of regulating all
assembly uses equivalently, there will be no change in the environmental impacts
generated by these uses. This is an administrative change that is consistent with
federal law.
Section 10. The proposed amendments to Title 17 of the Hermosa Beach Municipal
Code to allow religious institutions in zones allowing assembly uses, is consistent with
the City's General Plan Land Use Element policy to "Ensure the placement of new uses
does not create or exacerbate nuisances between different types of land uses" and the
associated Implementation Objective to "Establish development standards to
correspond with any new land use designations with consideration of neighborhood
character areas." The ordinance also furthers the general purpose of the zoning
ordinance by allowing religious institutions in zones allowing assembly uses, with the
requirement to obtain a Conditional Use Permit to address and review standards and
criteria to assure compatibility for assembly -type uses in adjacent zones. The
amendment will not impede the City's ability to meet its general plan goals and the
amendment is necessary to carry out the purposes of the Zoning Ordinance, including
the orderly planned use of land resources.
• The ordinance further finds that the proposed amendment to the Municipal Code is
consistent with the federal civil rights law, the regarding the Religious Land Use and
Institutionalized Persons Act (RLUIPA), and clarifies the provisions applicable to
assembly -type uses in a manner that better achieves the intent of existing regulations to
apply neutral and, consistent regulations to mitigate the impacts for all assembly -type
uses.
PASSED, APPROVED AND ADOPTED this day of , 2017.
Attest:
City Clerk
•
MAYOR
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P.C. Resolution 17-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING VESTING
TENTATIVE PARCEL MAP NO. 74917 FOR A THREE -UNIT
ATTACHED CONDOMINIUM PROJECT AT 1100 LOMA DRIVE,
LEGALLY DESCRIBED AS LOT 13 AND SOUTHERLY 4 FEET OF LOT
12 IN BLOCK 1 OF HISS SECOND ADDITION, CITY OF HERMOSA
BEACH AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed on February 28, 2017 by the property
owner/applicant, White Sand Coastal Development, for development of property located at 1100
Loma Drive, seeking approval of Conditional Use Permit 17-7, Precise Development Plan 17-2,
and Vesting Tentative Parcel Map 74917 for a three -unit attached residential condominium
project.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on June 20, 2017, at which time testimony and evidence, both
written and oral, was presented to and considered by the Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b), Class 3 Exemption, New
Construction or Conversion of Small Structures, because the project is construction of limited
numbers (three) of new small structures. More specifically, the project is comprised of multi-
family residential structures in an urbanized area, totaling not more than six dwelling units.
Section 4. Based on the evidence received at the public hearing, the Planning
Commission makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit
and Vesting Tentative Parcel Map to demolish one single-family residence with a detached
garage and develop a three -unit attached residential condominium project.
2. The subject property contains approximately 4,664 square feet, is designated High Density
Residential on the General Plan Map, and R-3 Multiple Family Residential on the Zoning
Map.
Section 5. Based on the testimony and evidence received, the Planning Commission
makes the following findings pertaining to the application for a Vesting Tentative Parcel Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
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3. The proposal is consistent with the General Plan High Density Residential designation and
R-3 zone because the project is an allowed use and has a density of less than 33 dwelling
units per acre, and as conditioned complies with all standards.
4. The site is physically suitable for a three -unit attached residential condominium project with
all units containing four levels. Parking for each unit is provided by a two -car garage with
Unit 1 access taken directly from Loma Drive, and Units 2 and 3 accessed from a shared
driveway along the south side of the property that connects to Loma Drive. Two guest
parking spaces in the driveway of the garage for Unit A are provided, and Units 2 and 3 will
provide one guest parking space on-site.
5. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, parking and construction requirements, and therefore are not
likely to cause public health problems. The project as conditioned will provide permeable
surfacing and storm water retention facilities to the maximum extent feasible per Section
8.44.095 and any additional non -percolated or retained storm water will be conveyed to an
onsite subsurface infiltration system as required by Section 8.44.095 subject to maintenance
agreements.
6. The property is accessed via Loma Drive, and does not exhibit dedicated public easements.
Therefore, the subdivision and improvements will not conflict with easements acquired by
the public at large for access through or use of property within the proposed subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment, being
consistent with purposes of the designation, density and development standards, and parking,
access and services are provided.
8. The project as conditioned will conform to all zoning and condominium standards and will
be compatible with neighboring properties, which are developed with similar multi -story,
multi -family residences.
9. The design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat because the project is categorically exempt from CEQA pursuant to CEQA
Guidelines Sections 15303(b).
10. The proposed subdivision will be consistent with the prevailing lot pattern and are not likely
to reduce property values in the surrounding neighborhood area because the project is similar
to surrounding development, consists only of the division of airspace at less than the
maximum density allowed, and conditions have been placed on the project to ensure
compatibility.
11. The granting of the subdivision will result in division of a conforming sized and configured
lot into airspace for condominium units of size and design conforming to the R-3 zone and
condominium ordinance.
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Section 6. Based on the testimony and evidence received, the Planning Commission
• makes the following findings pertaining to the application for Conditional Use Permit and
Precise Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code.
•
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12. The proposal is consistent with the General Plan High Density Residential designation and
R-3 zone because the project is an allowed use and has a density of less than 33 units per
acre, and as conditioned complies with all standards.
13. The site is zoned R-3 and is physically suitable for a three -unit attached residential
condominium project with all units containing three levels plus a basement level. Parking for
each unit is provided by a two -car garage with Unit 1 access taken directly from Loma Drive,
and Units 2 and 3 accessed from a shared driveway along the south side of the property that
connects to Loma Drive. Two guest parking spaces in the driveway of the garage for Unit A
are provided, and Units 2 and 3 will provide one guest parking space on-site.
14. Units 1, 2 and, 3 comply with Section 17.16.080 of R-3 Multiple Family Residential Open
Space standards and provide a minimum of 300 square feet of open space per unit.
15. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supply all required off-street parking, sidewalks, and safe access
from a public street, will not cause substantial traffic impacts due to minimal increase in
density, and will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned is compatible and consistent with the
immediate environment, including maintenance of water quality and reduction of marine
pollution via onsite retention of storm water to compensate for loss of permeable surfaces
and landscaping to enhance aesthetics, being consistent with purposes of the designation, all
density and development standards, and access and services are provided. An in -lieu Park
and Recreation Area Dedication fee is required for each unit.
17. The proposed project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring residential properties,
which also contain multi -story single and multi -family residences. The project as
conditioned complies with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes
exceed 1,600 square feet, do not exceed the 30 feet height limit, minimum open space of 300
square feet is met, and the minimum front yard setback of 5 feet is met.
18. All utilities will be placed underground, integrated into the design, separately metered and
independently provided in each unit. Stormwater runoff will be minimized and a final
landscape plan shall be provided per the Green Building, Water Efficient, Water
Conservation and Condominium landscape standards and the required landscape plan shall
be provided, per Sections 8.60, 8.44, and 8.56.
Section 7. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map
for a three -unit detached condominium project subject to the following Conditions of Approval:
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General:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting of
June 20, 2017, revised in accordance with the conditions below. The Community
Development Director may approve minor modifications that do not otherwise conflict
with the Hermosa Beach Municipal Code or requirements of this approval.
2. The project shall fully comply with all requirements of the R-3 zone as applicable and
the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but
not limited to:
a) Height including required roof deck railings shall fully comply with the 30 -foot
height limit. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director.
b) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural
plans and reviewed at the time of Building Division Plan Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site
plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and
approved by the Community Development Director in conformance with Section
17.22.050 and conditions of this approval prior to the issuance of Building Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the Community
Development Director, prior to issuance of Certificate of Occupancy.
b) Nine (9) parking spaces shall be maintained on-site. All parking spaces shall
remain available for parking and shall not be used for storage or other purposes.
Storage of boats, trailers, and recreational vehicles shall not be allowed.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
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Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the
Planning Commission, indicating size, type, quantity and characteristics of landscape
materials shall be submitted to the Community Development Department and Planning
Division for review and approval prior to the issuance of Building Permits. The Final
Plan shall also include the following:
a) The applicant shall provide a landscape plan to comply with Sections
17.22.060(11), 8.60.060, and 8.60.070 to the satisfaction of the Community
Development Director and Public Works Director.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(H)
shall be provided, and shall be shown on plans (Building Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be reviewed at
the time of Plan Check, to the satisfaction of the Community Development Director. In
addition:
a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic
garage doors shall be installed on all garage door openings and clearly indicated
on floor plans.
• b) Driveway transitions shall comply with Section 17.44.120(D).
•
c) All exterior lighting shall be downcast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving
and motion detector lighting shall be used for all lighting except low-level (3 feet
or less in height) security lighting and porch lights. Lamp bulbs and images
shall not be visible from within any onsite or offsite residential unit. Exterior
lighting shall not be deemed finally approved until 30 days after installation,
during which period the building official may order the dimming or
modification of any illumination found to be excessively brilliant or impacting to
nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in the
driveway, guest parking space and other non -landscaped areas to the maximum extent
feasible. If providing water -permeable surfaces on at least 50% of exterior surface area
is not feasible and incorporating measures in 8.44.095 to the extent practicable to
infiltrate the volume of runoff produced by a 0.80 inch twenty four (24) hour rain event,
then the applicant shall infiltrate runoff on-site. In the event that subsurface
infiltration is required, plans shall designate the exact location of the subsurface
infiltration system, the applicant shall enter into a maintenance agreement with the City
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(prior to fmal map approval) for the ongoing infiltration, and provide a surety bond to the
City to guarantee that on-site, subsurface infiltration is achieved. The amount of the
bond shall be determined by the Building Division. All other drainage shall be routed to
an off-site facility or on-site permeable area approved by the City. To the extent
possible, a portion of roof drainage shall be routed to on-site permeable areas. No
drainage shall flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to discharge
said waters onto the street, the property owner(s) shall record an agreement to assume
the risk associated with use and operation of said sump pump, release the City from
any liability, and indemnify the City regarding receipt of surface waters from the
property. The recorded agreement must be filed with the City prior to issuance of the
Certificate of Occupancy.
8. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices
set forth in Section 8.56.070 shall be complied with and noted on construction plans.
9. Two copies of final construction plans, including site, elevation and floor plans, which
are consistent with the conditions of approval of this conditional use permit, shall be
reviewed and approved by the Planning Division for consistency with Planning
Commission approved plans and this Resolution prior to the submittal to the Building
Division for Plan Check.
Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the
applicant/property owner is aware of, and agrees to accept, all of the conditions of this
grant of approval.
10. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
11. The address of each condominium unit shall be conspicuously displayed on the street
side of the buildings with externally or internally lit numbers and the method for
illumination shall be shown on plans. Address numbering and display shall be subject
to approval by the Community Development Department.
Public Works
12. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by
a licensed civil engineer, and approved by Public Works, addressing grading,
undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-
site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all
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other improvements necessary to comply with the Municipal Code and Public Works
specifications, shall be filed with the Community Development Department.
13. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and
storm drain main lines on street.
14. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence
unless and until all necessary permits are attained from the Public Works Department
including if required, an approved Residential or Commercial Encroachment Permit.
15. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid
elevations must be submitted prior to grading and plan check. Sewer lateral video must
be submitted with plan check submittal, if the developer plans to use the existing sewer
lateral. Sewer lateral work may be required after review of the sewer lateral video.
16. Sewer lateral video must be submitted with plan check submittal, if the developer plans
to use the existing sewer lateral. Sewer lateral work may be required after review of the
sewer lateral video.
17. Sewer main work may be required after review of sewer lateral video.
18. The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44) and must implement Low Impact Development
Standards, and submit at time of grading and plan check along with an erosion control
plan.
Final Map and Certificate of Occupancy
19. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
20. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees per unit in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
21. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy,
outstanding assessments must either be paid in full or apportioned to any newly created
parcels. Notice of same shall be provided to the Community Development Director.
Assessment payoff amounts may be obtained by calling the City's Assessment
Administrator at (800) 755-6864. Applications for apportionment may be obtained in
the Public Works Department.
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Construction
22. Prior to issuance of a Building Permit, abutting property owners and residents within
100 feet of the project site shall be notified of the anticipated date for commencement of
construction.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
23. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building plans
and posted at construction site.
24. Traffic control measures, including flagmen, shall be utilized to preserve public health,
safety, and welfare.
Other:
25. 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. The Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map shall be recorded, and proof of
recordation shall be submitted to the Community Development Department prior to the
issuance of a building permit.
26. Approval of these permits shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or improvements
or the use authorized hereby has commenced. One or more extensions of time may be
requested. No extension shall be considered unless requested, in writing to the
Community Development Director including the reason therefore, at least 60 days prior
to the expiration date. No additional notice of expiration will be provided.
27. The Planning Commission may review this Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map 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.
28. 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.
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Section 8. 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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development
Department prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
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.
Section 9. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Chair Flaherty
NOES: None
ABSTAIN: None
ABSENT: Comm.Saemann
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-18 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 of June 20, 2017.
or( utt44.1L
°A.LAY
Michael Flaherty, Chairman en Robertson, Secretary
June 20, 2017
Date
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P.C. RESOLUTION 17-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
•
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW FLOOR PLAN ALTERATIONS AND TO MODIFY
CONDITIONS OF APPROVAL FOR AN EXISTING RESTAURANT WITH ON -SALE
BEER AND WINE AND OUTDOOR DINING (CURRENTLY TAMMIE'S CORNER
HOUSE CAFE; PROPOSED SERVE KITCHEN) AT 170 AND 190 HERMOSA AVE,
CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Jon Mesko, Mesko Restaurant Group, proposing
a Conditional Use Permit amendment 17-1 at an existing restaurant establishment with outdoor
dining and on -sale beer and wine at 170 and 190 Hermosa Avenue (currently Tammie's Corner
House Cafe; proposed Serve Kitchen) to allow floor plan alterations and to modify conditions of
approval.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application on June 20, 2017 at which time testimony and evidence, both oral and
written, was presented to and considered by the Planning Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission
makes the following factual findings:
1. The approximately 1,850 square foot building currently occupied by Tammie's is situated
upon two lots (170 and 190 Hermosa Avenue).
2. Both lots are zoned Neighborhood Commercial (C-1) in which restaurants and cafes with
on -sale beer and wine are conditionally permitted uses.
3. Existing legal nonconforming residential uses are located on the same lots, to the east,
and along Palm Drive. The rear outdoor patio is located approximately eight feet from the
nearest existing legal nonconforming residence situated at the southeast portion of site.
The rear and front patios are located approximately four feet from residential uses to the
south of the project site.
4. The restaurant operates under a Conditional Use Permit approved by Planning
Commission Resolution 88-94 allowing on -sale beer and wine in conjunction with a
restaurant with outdoor dining. Hours of operation allowed by the Conditional Use
Permit are 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends;
however, the outdoor activity is currently limited to sixteen seats.
5. The applicant proposes to allow for modifications to the floor plan while extending hours
to 7:00 A.M. to 11:00 P.M daily while permitting the use of the front (west) outdoor
dining area.
6. Currently there is no parking on-site and no parking is proposed.
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Section 4. The project is Categorically Exempt from the California Environmental
Quality Act pursuant to CEQA Guidelines Section 15301(a), Class 1 Exemption, Existing
Facilities, because the project is comprised of interior and exterior alterations involving things
such as interior partitions, plumbing and electrical conveyances, and does not involve an increase
in square footage.
Section 5. Based on the foregoing factual findings the Planning Commission makes the
following findings that the Conditional Use Permit amendment pursuant to H.B.M.C. Section
17.44.020 and incorporation the conditions set forth in Section 17.40.080, finding that the use as
conditioned will be compatible with the surroundings and all impacts can be reduced to an
insignificant level:
A. Distance from existing residential uses: Surrounding zoning is C-1 Neighborhood
Commercial to the west and R-3 Multiple -Family Residential to the north, east and south.
The existing restaurant is located approximately 60 feet from residential uses to the north and
east and 3 feet to the residential use to the south. Existing legal nonconforming residential
uses are located on the same lots, to the east, and along Palm Drive. The rear outdoor patio
directly abuts the property line and is located approximately eight feet from the nearest
existing legal nonconforming residence situated at the southeast portion of site. The rear and
front patios are located approximately four feet from residential uses to the south of the
project site. Restaurant access is from Hermosa Avenue, and there is no access at the rear
(east and south) near the residences. Business operations are oriented to the west towards
Hermosa Avenue with the exception of the existing 455 square foot rear outdoor dining
patio.
The proposal includes additional seating within the existing front (west) 154 square foot
outdoor dining patio area, which is narrow (5.5 feet by 28 feet) and fronts Hermosa Avenue.
There are minimal windows and on the adjacent wall of the residences located south of the
proposed expansion to the front (west) outdoor dining patio. These residences have balconies
fronting on Hermosa Avenue.
To further mitigate potential noise impacts to the adjacent residences, the project is
conditioned to prohibit entertainment, music, speakers, televisions, or audio or visual media
of any type, whether amplified or unamplified, in the outdoor patio areas.
The Hermosa Beach Noise Ordinance specifies prohibited noises stating continuous, repeated
or sustained noise from the premises of any commercial establishment which is adjacent to
one or more residential dwelling units, including any outdoor area part of or under the control
of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible
from the residential dwelling unit's property line is prohibited (Section 8.24.040 HBMC).
Businesses with existing Conditional Use Permits must comply with the City's Noise
Ordinance which applies to everyone and protects the public health, safety and welfare. The
proposed operating hours are 7:00 A.M. to 11:00 P.M. daily and the applicant is requesting to
expand the entire outdoor area beyond the approved 16 seats in the rear patio. Given the very
small lot size and density of uses and very close proximity to residential uses, the project is
conditioned with a later opening time of 8:00 A.M and earlier closing time of 10:00 -P.M.
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daily for both patios to prevent noise impacts and ensure compliance with the Hermosa
Beach Noise Ordinance (See also Criteria E and I).
B. The amount of existing or proposed off-street parking facilities, and its distance from the
proposed use: The existing restaurant use is legally non -conforming to parking with no
existing parking on-site. No additional square footage is proposed, and no additional parking
is proposed, so parking will not be negatively impacted.
C. Location of and distance to churches, schools, hospitals and public playgrounds: There
are no nearby churches, schools or hospitals, as the nearest of these sensitive receptor is
approximately 770 feet (14.6 miles) from the project site. Therefore, negative impacts
to these sensitive uses are not anticipated.
D. The combination of uses proposed: The proposal to increase restaurant operating hours
from 8:00 A.M. to 10:00 P.M. weekdays and 8:00 A.M. to 11:00 P.M. weekends to 7:00
A.M. to 11:00 P.M. daily will not increase the number of late-night alcohol beverage
establishments pursuant to Section 17.40.080(B) of the Hermosa Beach Municipal Code.
Late-night alcohol beverage establishments are on -sale establishments with a CUP that
allows operation after 11:00 P.M., including restaurants, establishments that serve or allow
alcoholic beverages as the primary use (e.g., bars), and establishments that provide live
entertainment. The objective of the City's late-night alcohol beverage establishment policy is
to reduce the potential for adverse impacts associated with late-night alcohol beverage
establishments after 11:00 P.M.
The existing restaurant is located in the C-1 Neighborhood Commercial zone which aims to
provide sites for a mix of small local businesses appropriate for, and serving the daily needs
of nearby residential neighborhoods; while establishing land use regulations that prevent
significant adverse effects on abutting residential uses. Surrounding commercial uses include
general commercial services, snack shops, restaurants, and retail. The proposal to increase
restaurant operating hours will not increase the number of late-night alcohol beverage
establishments, is consistent with the surrounding uses, and the intent of the C-1 zone.
E. Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: The existing restaurant operates Monday
through Thursday from 7:00 A.M to 3:00 P.M. and Friday through Sunday 7:00 A.M. to 4:00
P.M. and has operated compatibly with surrounding uses for many years. The Hermosa
Beach Police Department and Fire Department have expressed no concerns about the
proposal. Although complaints with the existing operation have not occurred, the
applicant proposes operating hours of 7:00 A.M. to 11:00 P.M. daily and requests to expand
the entire outdoor area beyond the approved 16 seats in the rear patio. Therefore, although
complaints have not been expressed related to the current operation, there are operation
and floor plan modifications proposed and impacts cannot be weighed through an
"apples -to -apples" comparison. The restaurant establishment directly abuts the property
line and the rear outdoor patios is located approximately eight feet from the nearest existing
legal nonconforming residence situated at the southeast portion of site. The rear and front
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patios are located approximately four feet from residential uses to the south of the project
site. The Hermosa Beach Noise Ordinance states that continuous, repeated or sustained noise
from the premises of any commercial establishment which is adjacent to one or more
residential dwelling units, including any outdoor area part of or under the control of the
establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is plainly audible from
the residential dwelling unit's property line is prohibited (Section 8.24.040 HBMC).
While the proposal includes additional operating hours, the applicant is agreeable to
prohibiting entertainment, music, speakers, televisions, or audio or visual media of any type,
whether amplified or unamplified within the outdoor patio areas.
F. The relationship of the proposed business -generated traffic volume and the size of streets
serving the area: The proposal to increase operating hours to 11:00 P.M. on weekdays
and provide additional seating within the front (west) patio, with the project conditioned that
both patios be limited to 8:00 A.M to 10:00 P.M. daily, will not affect existing streets or
impact traffic volume, as the proposed modifications will continue the existing restaurant
use which has historically operated at this location, and operating times are staggered with
surrounding commercial uses and the restaurant use.
G. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area: Plans submitted to the Community Development Department
are limited to interior floor plan changes, patio modifications and window and door
replacements and installations which are all related to the use as a restaurant with on -sale
beer and wine and outdoor dining. Signage and building design/aesthetics will be reviewed
administratively during the plan check process.
H. The number of similar establishments or uses within close proximity to the proposed
establishment: All four nearby existing on -sale alcohol establishments have Type 41 alcohol
licenses which authorize the sale of beer and wine for consumption on or off the premises
where sold. Distilled spirits may not be on the premises. One establishment is a late-night
alcohol beverage establishment with outdoor dining, and three establishments close no later
than 11:00 P.M. The proposal to increase operating hours will not increase the number of
late-night alcohol beverage establishments and is consistent with the surrounding uses.
The table below outlines nearby similar establishments within close proximity to the
existing restaurant.
Restaurant
Name
Address
License Type
CUP Hours of Operation
Tammie's Corner
House Cafe
170 and 190
Hermosa Avenue
Type 41 (on -sale beer and
wine)
8 am to 10 pm weekdays and 8
am to 11 pm weekends
The Spot
110 2' Street
Type 41 (on -sale beer and
wine)
11 am to 9:30 pm weekdays and
9 am to 9:30 pm weekends
(All alcohol to be consumed in
the premises)
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Hermosa Beach
Yacht Club
66 Hermosa
Avenue
Type 41 (on -sale beer and
wine)
6 am to 2 pm daily (Late-night
alcohol beverage establishment)
Outdoor service 9 am to 9 pm
Uncle Stavros
Cafe
201 Hermosa
Avenue
Type 41 (on -sale beer and
wine)
9 am to 11 pm daily
I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The project is
conditioned to prohibit televisions and other similar equipment within the outdoor patio
areas.
The applicant proposes to modify operating hours to 7:00 A.M. to 11:00 P.M. daily and
expand the entire outdoor area beyond the approved 16 seats in the rear patio. Proposed
operating hours are appropriate, with a later opening time of 8:00 A.M and earlier closing
time of 10:00 P.M. for both patios given proximity of residential uses. The Noise Ordinance,
which was adopted in the year 2000, and specifies prohibited noises states that continuous,
repeated or sustained noise from the premises of any commercial establishment which is
adjacent to one or more residential dwelling units, including any outdoor area part of or
under the control of the establishment, between the hours of 10:00 P.M. and 8:00 A.M. that is
plainly audible from the residential dwelling unit's property line is prohibited (Section
8.24.040 HBMC). Odor, dust and/or vibration disturbances are not anticipated as
modifications are limited to interior floor plan changes, patio modifications and window and
door replacements and installations. Hours for outdoor dining areas require compliance with
the Hermosa Beach Noise Ordinance.
J. Impact of the proposed use to the City's infrastructure, and/or services: The existing
restaurant use will be maintained, and current infrastructure is adequate. No impacts are
anticipated from the proposed extension of hours or from the use of the front (west)
outdoor dining area.
K Will the establishment contribute to a concentration of similar outlets in the area: The
applicant's proposal to increase operating hours to 7:00 A.M. to 11:00 P.M. daily will
not add to the concentration of similar outlets in the area because an alcoholic beverage
establishment has already been established at this location for many years.
L. 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: None noted.
Section 6. Based on the foregoing, the Planning Commission hereby approves the
request for Conditional Use Permit Amendment 17-1 subject to the following Conditions of
Approval:
1. The use consisting of a restaurant with on -sale beer and wine and outdoor dining
shall be substantially consistent with plans submitted and approved by the
Planning Commission on June 20, 2017. Minor modifications to the plan shall be
reviewed and may be approved by the Community Development Director. Any
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substantial deviation must be reviewed and approved by the Planning
Commission.
• 2. The permitted hours of operation for the interior dining areas shall not exceed
7:00 a.m. to 11:00 p.m. daily.
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3. The permitted hours of operation for the outdoor dining areas shall not exceed
8:00 a.m. to 10:00 p.m. daily after which the area shall be closed and loitering shall
not be permitted.
a. Entertainment, music, speakers, televisions, or audio or visual media of any
type, whether amplified or unamplified, shall be prohibited within the
outdoor dining areas.
4. A minimum 42" high railing shall be installed and maintained around the outdoor
dining area.
5. The business shall be operated as a bona fide restaurant. The restaurant shall
make available to customers and serve prepared food items of their choice until
sixty (60) minutes prior to the close of business.
6. The restaurant shall maintain sales reports showing the actual items sold and
price charged and invoices for all food, nonalcoholic beverages and alcohol
beverages sold for the prior twelve (12) months. Should the Planning Commission
or City Council initiate a CUP modification or revocation proceeding, the
Commission, or the Council, may at its discretion require the subject business to
provide: (a) a statement of the percentage of gross sales, computed monthly, that
resulted from the sale of prepared food for not longer than the prior twelve (12)
months; and (b) the supporting data upon which the percentage is based. The
Planning Commission, or City Council, may also require an audit of the records of
the business by a certified public accountant to determine the gross sales of food
and alcohol, or a forensic audit by a qualified auditor selected by the City of the
information and data systems by which the information is produced. The results
of these audits may be used to determine whether the grounds for modification or
revocation exist. When considering revocation or modification, a restaurant that
sells or provides on -sale alcoholic beverages will be presumed to be operating as a
restaurant if the restaurant maintains a minimum of fifty (50) percent of the total
gross sales, computed monthly, from the sale of prepared food is presumed to be a
restaurant. An on -sale restaurant that does not meet these percentages has the
burden of demonstrating that it operates as a restaurant, as that term is defined in
the municipal code. Refusal to provide the information requested under this
subsection within sixty (60) days shall be deemed prima facie evidence that the
business is not operating as a restaurant.
7. No more than two televisions shall be permitted within the building.
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8. Live entertainment (including amplified music, disc jockeys, live music whether
acoustic or amplified, and live performances of all kinds) per Section 17.04.050,
("Entertainment, Live") and customer dancing, are prohibited.
9. The provision of alcoholic beverages shall comply with the following:
a. All alcoholic beverages shall be served in nondisposable drinkware.
b. Signs shall be posted in a conspicuous location warning patrons of the
illegality of removing alcoholic beverages from the restaurant, and carrying
and consuming alcoholic beverages in any public place such as the public
sidewalk or beach.
10. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
11. The business shall prevent loitering, unruliness and boisterous activities of the
patrons outside the business or in the immediate area.
12. 'No Loitering' signs shall be posted in the parking area.
13. The Police Chief may determine that a continuing police problem exists, and may,
subject to the review of the Planning Commission, direct the presence of a Police
Department approved doorman and/or security personnel to eliminate the
problem. If the problem persists, the Chief then shall submit a report to the
Planning Commission, which will automatically initiate a review of this
Conditional Use Permit by the Commission.
14. Any changes to the interior or exterior layout which alter the primary function of
the business shall be subject to review and approval by the Planning Commission.
15. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
16. To reduce marine debris associated with take-out containers, the establishment
shall not use take-out containers with a "No. 6" recycle code.
17. The business shall comply in all other respects with Municipal Code Chapter 8.24
(Noise Control) and noise from the premises shall not constitute a public nuisance.
18. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc.,
or discharge of any liquids, other than stormwater, onto the public right -or way,
into the parking lot drain or stormdrains, is strictly prohibited. Discharge of
liquids or wash water shall be limited to the sanitary sewer.
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19. A manager who is aware of the conditions of this Conditional Use Permit shall be
on the premises during business hours. The Conditional Use Permit shall be
maintained on the premise in a location where employees can easily read the
conditions.
20. The restaurant with on -sale alcoholic beverage service may be subject to a
periodic review process established by the City to verify conformance with the
conditions of approval.
21. Exterior and interior water use shall comply with Chapter 8.56.
22. This approval incorporates appropriate conditions from and supersedes Planning
Commission Resolution 88-94, which hereafter shall be of no further force and
effect.
23. The modifications and the operation shall comply with all requirements of the
Building, Fire and Public Works Departments.
a. The applicant shall submit a plan for occupant load calculation and approval
prior to issuance of the Certificate of Final Occupancy.
24. The project shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including but
not limited to: California Department of Alcoholic Beverage Control, Los Angeles
County Health Department, California Disabled Access Standards (Government
Code Title 24), and Los Angeles County National Pollutant Discharge Elimination
System Permit (NPDES).
25. 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 hereafter adopted that is 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.
26. 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.
27. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the
reason therefore, at least 60 days prior to the expiration date. No additional
notice of expiration will be provided.
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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.
The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be
submitted to the Community Development Department prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
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.
Section 9. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chair Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 17-17 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 of June 20, 2017.
Michael Flaherty, Chairman
June 20, 2017
Date
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P.C. RESOLUTION 17-8
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING VESTING TENTATIVE
PARCEL MAP #74292 FOR A TWO -UNIT DETACHED CONDOMINIUM
PROJECT AT 947 7TH STREET, LEGALLY DESCRIBED AS LOT 3,
WILSON AND LIND'S TRACT, CITY OF HERMOSA BEACH AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed on January 12, 2017 by the property owner/applicant
Ken McKeown for development of property located at 947 7th Street, seeking approval of
Conditional Use Permit 17-2, Precise Development Plan 17-1, and Vesting Tentative Parcel Map
#74292 for a two -unit detached residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on March 9, 2017, at which time testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15303(b) because the project consists of infill
development on a site zoned for residential uses, the project as conditioned will comply with the
General Plan and zoning code, no variances are requested, and the project is within an area with
available services.
Section 4. Based on the evidence received at the public hearing, the Planning Commission
makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit
and Vesting Tentative Parcel Map to demolish two single-family residences with detached
garages and develop a two -unit detached residential condominium project.
2. The subject property contains approximately 4,798 square feet, is designated Medium Density
Residential on the General Plan Map, and R -2B Limited Multiple Family Residential on the
Zoning Map.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Vesting Tentative Parcel Map pursuant to
the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the
Municipal Code:
3. The proposal is consistent with the General Plan Medium Density Residential designation and
R -2B zone because the project is an allowed use and has a density of less than 25 dwelling units
per acre, and as conditioned complies with all standards.
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4. The site is physically suitable for a two -unit detached residential condominium project with both
units containing three levels. Parking for each unit is provided by a two -car garage access from
7th Street and 8th Street. Two guest parking spaces in the driveway are provided for both Units
A and B.
5. The subdivision and improvements provide for adequate drainage, sanitation and potable water,
underground utilities, parking and construction requirements, and therefore are not likely to
cause public health problems. The project as conditioned will provide permeable surfacing and
storm water retention facilities to the maximum extent feasible per Section 8.44.095 and any
additional non -percolated or retained storm water will be conveyed to an onsite subsurface
infiltration system as required by Section 8.44.095 subject to maintenance agreements.
6. The property is accessed via 7th Street and 8th Street; however, it does not exhibit dedicated
public easements. Therefore, the subdivision and improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with applicable
elements of the City's General Plan and the immediate environment, being consistent with
purposes of the designation, density and development standards, and parking, access and
services are provided. For Unit A, the proposal is to increase the existing curb cut width which
will not result in a loss of on -street parking space on 7th Street. The new curb on 8th Street for
Unit B is will also not result in the loss of on -street parking space on 8th Street.
8. The project as conditioned will conform to all zoning and condominium standards and will be
compatible with neighboring properties, which are developed with similar multi -story single -
and multi -family residences.
9. The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat
because the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections
15303(b).
10. The proposed subdivision will be consistent with the prevailing lot pattern and are not likely to
reduce property values in the surrounding neighborhood area because the project is similar to
surrounding development, consists only of the division of airspace at less than the maximum
density allowed, and conditions have been placed on the project to ensure compatibility.
11. The granting of the subdivision will result in division of a conforming sized and configured lot
into airspace for condominium units of size and design conforming to the R -2B zone and
condominium ordinance.
Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for Conditional Use Permit and Precise
Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code.
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12. The proposal is consistent with the General Plan High Density Residential designation and R -2B
zone because the project is an allowed use and has a density of less than 25 units per acre, and
as conditioned complies with all standards.
13. The site is zoned R -2B and is physically suitable for a two -unit detached residential
condominium project with Units A and B containing three levels. Parking for each unit is
provided with a two -car garage, accessible from 7th Street and 8th Street respectively. Unit A
provides two guest parking spaces, accessed from 7th Street and Unit B provides two guest
parking spaces, accessed from 8th Street.
14. Both Unit A and B comply with Section 17.14.080 of R -2B Limited Multiple Family
Residential Open Space standards and provide a minimum of 300 square feet of open space per
unit.
15. The subdivision and improvements provide for adequate drainage, sanitation and potable water,
underground utilities, supply all required off-street parking, sidewalks, and safe access from a
public street, will not cause substantial traffic impacts due to minimal increase in density, and
will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned is compatible and consistent with the
immediate environment, including maintenance of water quality and reduction of marine
pollution via onsite retention of storm water to compensate for loss of permeable surfaces and
landscaping to enhance aesthetics, being consistent with purposes of the designation, all density
and development standards, and access and services are provided. An in -lieu Park and
Recreation Area Dedication fee is required for each unit.
17. The proposed project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring residential properties,
which also contain multi -story single and multi -family residences. The project as conditioned
complies with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes exceed 1,600
square feet, do not exceed the 30 feet height limit, minimum open space of 300 square feet is
met, and the minimum front yard setback of 5 feet is met.
18. All utilities will be placed underground, integrated into the design, separately metered and
independently provided in each unit. Stormwater runoff will be minimized and a final landscape
plan shall be provided per the Green Building, Water Efficient, Water Conservation and
Condominium landscape standards and the required landscape plan shall be provided, per
Sections 8.60, 8.44, and 8.56.
Section 7. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a two -
unit detached condominium project subject to the following Conditions of Approval:
General:
1. The development and continued use of the property shall be in conformance with
111) submitted plans received and reviewed by the Planning Commission at its meeting of
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March 21, 2017, revised in accordance with the conditions below. The Community
Development Director may approve minor modifications that do not otherwise conflict
with the Hermosa Beach Municipal Code or requirements of this approval.
2. The project shall fully comply with all requirements of the R -2B zone as applicable and
the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not
limited to:
a) Height including required roof deck railings shall fully comply with the 30 -foot
height limit. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director.
b) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural
plans and reviewed at the time of Building Division Plan Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site plan
compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and
approved by the Community Development Director and City Attorney in conformance
with Section 17.22.050 and conditions of this approval prior to the issuance of Building
Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the Community
Development Director, prior to issuance of Certificate of Occupancy.
b) Eight (8) parking spaces shall be maintained on-site. All parking spaces shall
remain available for parking and shall not be used for storage or other purposes.
Storage of boats, trailers, and recreational vehicles shall not be allowed.
c) Unit A's two guest parking spaces and Unit's B two guest parking spaces, to be
compliant with the required turning radius, shall remain open and accessible to
designated unit, rather than being used for storage or any other purposes, and the
CC&Rs shall reflect this condition.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
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Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the
Planning Commission, indicating size, type, quantity and characteristics of landscape
materials shall be submitted to the Community Development Department and Planning
Division for review and approval prior to the issuance of Building Permits. The Final
Plan shall also include the following:
a) The applicant shall provide a landscape plan to comply with Sections 17.22.060(H),
8.60.060, and 8.60.070 to the satisfaction of the Community Development Director
and Public Works Director.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(H) shall
be provided, and shall be shown on plans (Building Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on building elevations,
site and floor plans. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director. In addition:
a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic garage
doors shall be installed on all garage door openings and clearly indicated on floor
plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be downcast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less
in height) security lighting and porch lights. Lamp bulbs and images shall not be
visible from within any onsite or offsite residential unit. Exterior lighting shall not
be deemed finally approved until 30 days after installation, during which period the
building official may order the dimming or modification of any illumination found
to be excessively brilliant or impacting to nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in the driveway,
guest parking space and other non -landscaped areas to the maximum extent feasible. If
providing water -permeable surfaces on at least 50% of exterior surface area is not feasible
and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of
runoff produced by a 0.80 inch twenty four (24) hour rain event, then the applicant shall
infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall
designate the exact location of the subsurface infiltration system, the applicant shall enter
into a maintenance agreement with the City (prior to final map approval) for the ongoing
infiltration, and provide a surety bond to the City to guarantee that on-site, subsurface
• infiltration is achieved. The amount of the bond shall be determined by the Building
Division. All other drainage shall be routed to an off-site facility or on-site permeable area
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approved by the City. To the extent possible, a portion of roof drainage shall be routed to
on-site permeable areas. No drainage shall flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to discharge
said waters onto the street, the property owner(s) shall record an agreement to assume the
risk associated with use and operation of said sump pump, release the City from any
liability, and indemnify the City regarding receipt of surface waters from the property.
The recorded agreement must be filed with the City prior to issuance of the Certificate of
Occupancy.
8. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set
forth in Section 8.56.070 shall be complied with and noted on construction plans.
9. Two copies of final construction plans, including site, elevation and floor plans, which are
consistent with the conditions of approval of this conditional use permit, shall be reviewed
and approved by the Planning Division for consistency with Planning Commission
approved plans and this Resolution prior to the submittal to the Building Division for Plan
Check.
Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the applicant/property
owner is aware of, and agrees to accept, all of the conditions of this grant of approval.
10. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
11. The address of each condominium unit shall be conspicuously displayed on the street side
of the buildings with externally or internally lit numbers and the method for illumination
shall be shown on plans. Address numbering and display shall be subject to approval by
the Community Development Department.
Public Works
12. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a
licensed civil engineer, and approved by Public Works, addressing grading,
undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-site
and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other
improvements necessary to comply with the Municipal Code and Public Works
specifications, shall be filed with the Community Development Department.
13. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and
storm drain main lines on street.
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14. Project construction shall protect private and public property in compliance with Sections
15.04.070 and 15.04.140. No work in the public right of way shall commence unless and
until all necessary permits are attained from the Public Works Department including if
required, an approved Residential or Commercial Encroachment Permit.
15. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid
elevations must be submitted prior to grading and plan check. Sewer lateral video must be
submitted with plan check submittal, if the developer plans to use the existing sewer
lateral. Sewer lateral work may be required after review of the sewer lateral video.
16. Sewer lateral video must be submitted with plan check submittal, if the developer plans to
use the existing sewer lateral. Sewer lateral work may be required after review of the
sewer lateral video.
17. Sewer main work may be required after review of sewer lateral video.
18. The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44) and must implement Low Impact Development Standards,
and submit at time of grading and plan check along with an erosion control plan.
Final Map and Certificate of Occupancy
19. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
20. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees per unit in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
21. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy,
outstanding assessments must either be paid in full or apportioned to any newly created
parcels. Notice of same shall be provided to the Community Development Director.
Assessment payoff amounts may be obtained by calling the City's Assessment
Administrator at (800) 755-6864. Applications for apportionment may be obtained in the
Public Works Department.
Construction
22. Prior to issuance of a Building Permit, abutting property owners and residents within 100
feet of the project site shall be notified of the anticipated date for commencement of
construction.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b) Building permits will not be issued until the applicant provides an affidavit
III certifying mailing of the notice.
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23. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building plans and
posted at construction site.
24. Traffic control measures, including flagmen, shall be utilized to preserve public health,
safety, and welfare.
Other:
25. 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. The Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map shall be recorded, and proof of recordation
shall be submitted to the Community Development Department prior to the issuance of a
building permit.
26. Approval of these permits shall expire twenty-four (24) months from the date of approval
by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
27. The Planning Commission may review this Conditional Use Permit, Precise Development
Plan and Vesting Tentative Map 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.
28. 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 8. 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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development Department
prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
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from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees
and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attorneys of its choice.
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.
Section 9. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None:
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-8 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 of
March 21, 2017. ;>
Michael Flaherty, Chairman
March 21, 2017
Date
9
n Robertson, Secretaryeary
P.C. RESOLUTION 17-7
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE
PARCEL MAP #74179 FOR A THREE -UNIT DETACHED CONDOMINIUM
PROJECT WITH ACCESS FROM MONTEREY BOULEVARD, 2ND STREET
AND BAYVIEW DRIVE AT 226 2ND STREET, LEGALLY DESCRIBED AS
LOTS 14 & 15, TRACT NO. 1123, CITY OF HERMOSA BEACH AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
•
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed on December 15, 2016 by the property owner/applicant
226 2nd Street Partners, LP for development of property located at 226 2nd Street, seeking approval
of Conditional Use Permit 16-23, Precise Development Plan 16-21, and Vesting Tentative Parcel
Map #74179 for a three -unit detached residential condominium project with access from Monterey
Boulevard, 2nd Street and Bayview Drive, and determine the project is Categorically Exempt from
the California Environmental Quality Act (CEQA).
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on March 21, 2017, at which time testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15303(b) because the project consists of infill
development on a site zoned for residential uses, the project as conditioned will comply with the
General Plan and zoning code, no variances are requested, and the project is within an area with
available services.
Section 4. Based on the evidence received at the public hearing, the Planning Commission
makes the following findings:
1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit
and Vesting Tentative Parcel Map to demolish a building containing eight residential units with
a detached eight -car garage and five open parking spaces and construct three detached
condominium units on a 5,987 square foot lot, located on the southwest corner of Monterey
Boulevard and 2nd Street.
2. The subject property contains approximately 5,987 square feet, is designated High Density
Residential on the General Plan Map, and R-3 Multiple Family Residential on the Zoning Map.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Vesting Tentative Parcel Map pursuant to
the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the
• Municipal Code:
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3. The proposal is consistent with the General Plan High Density Residential designation and R-3
zone because the project is an allowed use and has a density of less than 33 dwelling units per
acre, and as conditioned complies with all standards.
4. The site is physically suitable for a three -unit detached residential condominium project with all
units containing three levels and basement levels. Each unit will provide a two -car garage.
Parking for Unit A will be provided from Bayview Drive with a designated guest parking space
located parallel to the alley. Parking for Unit B will be provided from 2nd Street with two
designated guest parking spaces provided in tandem with the two -car garage. Parking for Unit C
will be provided from Monterey Boulevard with two designated guest parking spaces provided
in tandem with the two -car garage. Existing curb cuts along 2"d Street and Monterey Boulevard
will be greatly reduced and two on -street parking spaces will be gained with one on 2"d Street
and the other on Monterey Boulevard.
5. The subdivision and improvements will provide for adequate drainage, sanitation and potable
water, underground utilities, parking and construction requirements, and therefore are not likely
to cause public health problems. The project as conditioned will provide permeable surfacing and
storm water retention facilities to the maximum extent feasible per Section 8.44.095 and any
additional non -percolated or retained storm water will be conveyed to an onsite subsurface
infiltration system as required by Section 8.44.095 subject to maintenance agreements.
6. The property is accessed via Monterey Boulevard, 2"d Street and Bayview Drive and does not
exhibit dedicated public easements. Therefore, the subdivision and improvements will not
conflict with easements acquired by the public at large for access through or use of property
• within the proposed subdivision.
7. Design of the proposed subdivision as conditioned is compatible and consistent with applicable
elements of the City's General Plan and the immediate environment, being consistent with
purposes of the designation, density and development standards, and parking, access and
services are provided.
•
8. The project as conditioned will conform to all zoning and condominium standards and will be
compatible with neighboring properties, which are developed with similar multi -story multi-
family residences.
9. The design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat
because the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections
15303(b).
10. The proposed subdivision will be consistent with the prevailing lot patterns and are not likely to
reduce property values in the surrounding neighborhood area because the project is similar to
surrounding development, consists only of the division of airspace at less than the maximum
density allowed, and conditions have been placed on the project to ensure compatibility.
11. The granting of the subdivision will result in division of a conforming sized and configured lot
into airspace for condominium units of size and design conforming to the R-3 zone and
condominium ordinance.
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Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for Conditional Use Permit and Precise
Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code.
12. The proposal is consistent with the General Plan High Density Residential designation and R-3
zone because the project is an allowed use and has a density of less than 33 units per acre, and
as conditioned complies with all standards.
13. The site is zoned R-3 and is physically suitable for a three -unit detached residential
condominium project with all units containing three levels and basement levels. Each unit will
provide a two -car garage. Parking for Unit A will be provided from Bayview Drive with a
designated guest parking space located parallel to the alley. Parking for Unit B will be provided
from 2nd Street with two designated guest parking spaces provided in tandem with the two -car
garage. Parking for Unit C will be provided from Monterey Boulevard with two designated
guest parking spaces provided in tandem with the two -car garage. Existing curb cuts along 2nd
Street and Monterey Boulevard will be greatly reduced and two on -street parking spaces will be
gained with one on 2nd Street and the other on Monterey Boulevard.
14. All units comply with Section 17.16.080 of R-3 Multiple Family Residential Zone Open Space
standards and provide a minimum of 300 square feet of open space per unit.
15. The subdivision and improvements will provide for adequate drainage, sanitation and potable
water, underground utilities, supply all required off-street parking, sidewalks, and safe access
from a public street, will not cause substantial traffic impacts due to minimal increase in density,
and will comply with all construction requirements.
16. Design of the proposed subdivision as conditioned will be compatible and consistent with the
immediate environment, including maintenance of water quality and reduction of marine
pollution via onsite retention of storm water to compensate for loss of permeable surfaces and
landscaping to enhance aesthetics, being consistent with purposes of the designation, all density
and development standards, and access and services are provided. An in -lieu Park and
Recreation Area Dedication fee is required for each unit.
17. The proposed project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring residential properties,
which also contain multi -story multi -family residences. The project as conditioned complies
with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes exceed 1,400 square
feet, units do not exceed the 30 -foot height limit, the minimum open space of 300 square feet is
met, and the minimum front yard setback of 5 feet is met.
18. All utilities will be placed underground, integrated into the design, separately metered and
independently provided in each unit. Stormwater runoff will be minimized and a final landscape
plan shall be provided per the Green Building, Water Efficient, Water Conservation and
Condominium landscape standards and the required landscape plan shall be provided, per
Sections 8.60, 8.44, and 8.56.
3
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Section 7. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a three -
unit detached condominium project subject to the following Conditions of Approval:
General:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting of
March 21, 2017, revised in accordance with the conditions below. The Community
Development Director may approve minor modifications that do not otherwise conflict
with the Hermosa Beach Municipal Code or requirements of this approval.
2. The project shall fully comply with all requirements of the R-3 zone as applicable and the
Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not
limited to:
a) Height including required roof deck railings shall fully comply with the 30 -foot height
limit. Precise building height compliance shall be reviewed at the time of Plan Check,
to the satisfaction of the Community Development Director.
b) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment for solar energy
• and solar thermal shall also be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural plans
and reviewed at the time of Building Division Plan Check.
•
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length times
width) each, for three solid waste storage bins shall be shown on the site plan
compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and
approved by the Community Development Director and City Attorney in conformance
with Section 17.22.050 and conditions of this approval prior to the issuance of Building
Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the Community
Development Director prior to issuance of Certificate of Occupancy.
b) Eleven (11) parking spaces shall be maintained on-site. All parking spaces shall
remain available for parking and shall not be used for storage or other purposes.
Storage of boats, trailers, and recreational vehicles shall not be allowed.
4
c) The designated guest parking spaces for each unit shall remain open and accessible to
each designated unit, rather than being used for storage or any other purposes, and the
CC&Rs shall reflect this condition.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
Building Plans:
5. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the
Planning Commission, indicating size, type, quantity and characteristics of landscape
materials shall be submitted to the Community Development Department and Planning
Division for review and approval prior to the issuance of Building Permits. The Final
Plan shall also include the following:
a) The applicant shall provide a landscape plan to comply with Sections 17.22.060(H) and
8.60.070 to the satisfaction of the Community Development Director and Director of
Public Works.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be
provided, and shall be shown on plans (Building Permits are required).
6. Architectural treatments and accessory facilities shall be as shown on building elevations,
site and floor plans. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director. In addition:
a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic garage
doors shall be installed on all garage door openings and clearly indicated on floor
plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be downcast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less in
height) security lighting and porch lights. Lamp bulbs and images shall not be visible
from within any onsite or offsite residential unit. Exterior lighting shall not be deemed
finally approved until 30 days after installation, during which period the building
official may order the dimming or modification of any illumination found to be
excessively brilliant or impacting to nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Section 8.44.095 and install permeable surfaces in the driveway,
guest parking space and other non -landscaped areas to the maximum extent feasible. If
providing water -permeable surfaces on at least 50% of exterior surface area is not feasible
and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of
5
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runoff produced by a 0.80 inch twenty-four (24) hour rain event, then the applicant shall
infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall
designate the exact location of the subsurface infiltration system, the applicant shall enter
into a maintenance agreement with the City (prior to final map approval) for the ongoing
infiltration, and provide a surety bond to the City to guarantee that on-site, subsurface
infiltration is achieved. The amount of the bond shall be determined by the Building
Division. All other drainage shall be routed to an off-site facility or on-site permeable area
approved by the City. To the extent possible, a portion of roof drainage shall be routed to
on-site permeable areas. No drainage shall flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to discharge
said waters onto the street, the property owner(s) shall record an agreement to assume the
risk associated with use and operation of said sump pump, release the City from any
liability, and indemnify the City regarding receipt of surface waters from the property.
The recorded agreement must be filed with the City prior to issuance of the Certificate of
Occupancy.
8. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set
forth in Section 8.56.070 shall be complied with and noted on construction plans.
9. Two copies of final construction plans, including site, elevation and floor plans, which are
consistent with the conditions of approval of this conditional use permit, shall be reviewed
and approved by the Planning Division for consistency with Planning Commission
approved plans and this Resolution prior to the submittal to the Building Division for Plan
Check.
10. Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the Planning
Division of the Community Development Department stating that the applicant/property
owner is aware of, and agrees to accept, all of the conditions of this grant of approval.
11. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler and
County landfill; at least 65% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
12. The address of each condominium unit shall be conspicuously displayed on the street side
of the buildings with externally or internally lit numbers and the method for illumination
shall be shown on plans. Address numbering and display shall be subject to approval by
the Community Development Department.
Public Works
13. Prior to issuance of a Building Permit, approved civil engineering plans prepared by a
licensed civil engineer, and approved by Public Works, addressing grading,
undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-site
6
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and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other
improvements necessary to comply with the Municipal Code and Public Works
specifications, shall be filed with the Community Development Department.
14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and
storm drain main lines on street.
15. Project construction shall protect private and public property in compliance with Sections
15.04.070 and 15.04.140. No work in the public right of way shall commence unless and
until all necessary permits are attained from the Public Works Department including if
required, an approved Residential or Commercial Encroachment Permit.
16. Sewer flow rate for upstream and downstream manhole along with manhole rim/lid
elevations must be submitted prior to grading and plan check. Sewer lateral video must be
submitted with plan check submittal, if the developer plans to use the existing sewer
lateral. Sewer lateral work may be required after review of the sewer lateral video.
17. Sewer lateral video must be submitted with plan check submittal, if the developer plans to
use the existing sewer lateral. Sewer lateral work may be required after review of the
sewer lateral video.
18. Sewer main work may be required after review of sewer lateral video.
19. The project must comply with Storm Water and Urban Runoff Pollution Control
Regulations (HBMC Ch. 8.44). Implement required Low Impact Development Standards,
provide calculations and documents i.e. Appendix D and E of the Storm Water LID
Guidelines, submit at time of grading and plan check along with an erosion control plan.
Final Map and Certificate of Occupancy
20. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
21. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees per unit in lieu of on-site parkland dedication
pursuant to Chapter 16.12.
22. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy,
outstanding assessments must either be paid in full or apportioned to any newly created
parcels. Notice of same shall be provided to the Community Development Director.
Assessment payoff amounts may be obtained by calling the City's Assessment
Administrator at (800) 755-6864. Applications for apportionment may be obtained in the
Public Works Department.
7
Construction
• 23. Prior to issuance of a Building Permit, abutting property owners and residents within 100
feet of the project site shall be notified of the anticipated date for commencement of
construction.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b) Building permits will not be issued until the applicant provides an affidavit certifying
mailing of the notice.
24. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building plans and
posted at construction site.
25. Traffic control measures, including flagmen, shall be utilized to preserve public health,
safety, and welfare.
Other:
26. 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. The Conditional Use Permit, Precise
Development Plan and Vesting Tentative Map shall be recorded, and proof of recordation
shall be submitted to the Community Development Department prior to the issuance of a
building permit.
27. Approval of these permits shall expire twenty-four (24) months from the date of approval
by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
28. The Planning Commission may review this Conditional Use Permit, Precise Development
Plan and Vesting Tentative Map 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.
29. 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.
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Section 8. 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.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development Department
prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees
and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attorneys of its choice.
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.
Section 9. 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.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Hoffinan,Pedersen,Rice, Saemann,Chmn.Flaherty
None
None
None:
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-7 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 of
March 21, 2017.
Michae Flaherty, Chairman
March 21, 2017
Date
9
en R. b. son, Secretary
•
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•
P.C. RESOLUTION NO. 17- 6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR
A NEW ESTABLISHMENT (NORTH SHORE POKE) FOR THE PURPOSE
OF DETERMINING THAT IT'S A SNACK SHOP WITH
CHARACTERISTICS TO ALLOW CONSIDERATION OF THE RETAIL
COMMERCIAL REQUIREMENT FOR PARKING AT 1221/1227 HERMOSA
AVENUE ( SUITE # 103) AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT., LEGALLY DESCRIBED AS LOTS 14,
15, 16, 17 & 18, BLOCK 13, HERMOSA BEACH TRACT, CITY OF
HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by North Shore Poke Co. Store #4, LLC seeking
approval for a Parking Plan to classify a new establishment (North Shore Poke) as a snack shop for
purpose of calculating parking requirements.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Parking Plan 17-1 on March 21, 2017, at which time the Staff
Report and testimony and evidence, both written and oral, was presented to and considered by
the Planning Commission.
Section 3. Based on the Staff Report, testimony and evidence received, the Planning
Commission makes the following factual findings:
1. The site is zoned C-2 which allows food establishment uses, as well as reduction in
parking requirements in accordance with a Parking Plan.
2. The applicant requests to convert an approximately 1,485 square foot commercial retail
space to a snack shop serving a limited menu of poke bowls.
3. The kitchen is not capable of serving full meals as equipment is limited to those
necessary for the preparation and storage of poke, rice, and a selection of non-alcoholic
beverages. Equipment will include a refrigerator, freezer, rice cooker, rice warmer, ice
maker, and a refrigerated 'grab and go" case. No heating elements such as cooktops or
ovens are proposed.
4. Customers will order items from the service counter. No table service will be provided. A
limited seating area with a total of 20 indoor seats (not to exceed 25 seats) will be
provided.
5. The entire building is non -conforming to parking with no parking provided on-site,
historically relying on public parking for all its uses.
Section 4. Based on the foregoing, the Planning Commission makes the following
findings that the use is consistent with the snack shop designation, the characteristics of the
1
proposed use are similar to retail use and will result in less parking demand than for a restaurant,
• and parking is adequate based on the retail commercial parking standard:
•
•
1. The business is appropriately classified as a snack shop in accordance with H.B.M.C.
Section 17.04.050 because:
A. The establishment will provide a total of 20 indoor seats (not to exceed 25 seats) as
noted on submitted plans.
B. Customers will place and pick up orders at the counter and no waiter/waitress table
service will be provided.
C. Products provided are limited to poke bowls. Poke bowls consist of customer's choice
of Hawaiian flavor, fish or vegetable, and base (white rice, brown rice, or cucumber).
Extras such as avocado, daikon radish, or fresh ginger are also available.
D. The kitchen is not capable of serving full meals as equipment is limited to those
necessary for the preparation and storage of poke, rice, and a selection of non-
alcoholic beverages. Equipment will include a refrigerator, freezer, rice cooker, rice
warmer, ice maker, and a refrigerated 'grab and go" case. No heating elements such
as cooktops or ovens are proposed.
E. Snacks and non-alcoholic beverages are served for consumption on the premises or
for take-out.
2. Pursuant to H.B.M.C. Sections 17.44.030(0) and 17.44.210, the retail commercial
parking standard (one space per 250 square feet of gross floor area) is appropriate for this
use with no additional parking required for this change of use from bakery to snack shop.
Adequate parking will be provided for customers, clients, visitors and employees
because:
A. The applicant proposes no expansion to the approximately 1,485 square foot tenant
space, historically relying on public parking for all its uses.
B. The subject property is located in the downtown pedestrian -oriented district and the
proposed use with its limited menu items and minimal seating is not expected to
generate a high proportion of destination specific trips, as it will also serve patrons
already visiting nearby businesses (health and fitness studios, banks, beauty salons,
medical services, restaurants, and retail shops) and the beach, who may utilize the
adjacent City parking facility.
C. Poke bowls tend to be a quick serve product and these establishments tend to have
quick turnover of patrons.
D. The limited kitchen and storage service areas at approximately 602 square feet and
minimal seating with a total of 20 indoor seats (not to exceed 25 seats) will not create
additional parking demand.
E. The proposed use is eligible for snack shop designation and exhibits the
characteristics of a snack shop (Section 17.04.050).
F. Parking demand for the proposed use is similar to retail use and will result in less
parking demand than for a restaurant.
G. Public parking is available adjacent to the subject property with 37 total parking
spaces on the surface parking lot and 185 parking spaces in the multi -story parking
structure. The surface parking lot has a three hour limit ($1.25 per hour 10 am to 7:59
2
pm and $1.50 per hour 8 pm to midnight) enforced seven days a week except
Wednesday 9 am to 6 pm and no parking Monday 6 am to 7 am. The parking
structure has a 24-hour limit ($1.25 per hour and $1.50 per hour from 8 pm to 2 am)
enforced 7 days a week.
Section 5. The project is Categorically Exempt from the California Environmental Quality
Act per Guidelines, Section 15301, Class 1 Existing Facilities, as the project involves negligible or
no expansion of an existing use.
Section 6. Based on the foregoing, the Planning Commission hereby approves Parking
Plan 17-1, subject to the following Conditions of Approval:
1. The floor plan shall be substantially consistent with the plan approved by the
Planning Commission on March 21, 2017. No additional parking is required for this
use as described in the February 19, 2017 plans. Minor modifications to plans,
required to comply with project conditions or codes, may be approved by the
Community Development Director.
2. The plans shall be substantially consistent with the plans approved by the Planning
Commission on March 21, 2017, as may be amended by City Council through the
Certificate of Appropriateness process, but in no case shall the number of seats
exceed 25.
3. The use shall comply with the requirements of a snack bar as defined in the
Hermosa Beach Municipal Code Section 17.04.050, including no waiter/waitress
table service shall be provided except queuing, (intermittent delivery of purchased
goods), shall not serve full meals or have a kitchen capable of serving meals, no
stove shall be provided, no Type 1 range hoods shall be provided, and no alcoholic
beverages are allowed.
4. 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 hereafter adopted that is 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.
5. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the
reason therefore, at least 60 days prior to the expiration date. No additional
notice of expiration will be provided.
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
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Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
This Permit shall be recorded, and proof of recordation shall be submitted to the Community
Development Department prior to the issuance of a building permit.
Each of the above conditions 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.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorneys' fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
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 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission must be made within 90 days after the final decision.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 17-6 is a true and complete
record of the action taken by the Planning Commission of the City of Hermosa B ach, California
at its regular meeting of March 21, 2017.
Michael Flaherty, Chairman Ken Robertson, Secretary
March 21, 2017
Date
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P.C. RESOLUTION NO. 17-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW A PARKING
ARRANGEMENT WHICH USES ALTERNATIVE METHODS, INCLUDING A
MECHANICAL PARKING LIFT AND COMPACT SIZED GUEST STALLS, TO
PROVIDE ADEQUATE PARKING FOR RESIDENTS AND GUESTS FOR A NEW
SINGLE-FAMILY RESIDENCE AT 260 31ST STREET, LEGALLY DESCRIBED AS
LOT 20, BLOCK 116, SHAKESPEARE, CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Anton and Mardi Watts, 260 31st Street, Hermosa
Beach, CA 90254, seeking approval of Parking Plan 17-2 to allow a parking arrangement which
uses alternative methods to provide adequate parking for residents and guests in conjunction with
a new single-family dwelling.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Parking Plan on February 21, 2017 at which time the testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
Section 3. Based on the Staff Report, testimony, and evidence received, the Planning
Commission makes the following factual findings:
• 1. The site is zoned R-1 and located on a walk -street such that no street parking is
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available and off-street parking can only be accessed from the alley.
2. The subject property is located on a walk -street, within an R-1 district with several
2100 square foot lots (30'x70') that are considered "small lots" in the R-1 zone
(Section 17.08.040).
3. The new home being constructed in accordance with approved plans included
approval of a mechanical parking lift to satisfy parking requirements (which does not
meet the Hermosa Beach Municipal Code parking standards for tandem spaces). To
rectify the situation, the applicant has applied for a Parking Plan, pursuant to section
17.44.210 of the zoning code, to allow for the proposed parking arrangement, which
uses alternative methods, including a mechanical parking lift and compact sized guest
stalls, as a means to provide adequate parking for residents and guests for a new
single-family residence.
Section 4. Based on the foregoing, the Planning Commission makes the following
findings per Section 17.44.210:
1. There are unique features of the proposed use that allow for adequate parking for
residents and guests. First, the garage will include a mechanical lift to fit two cars into a one -car
garage. The practical effect of stacked tandem parking is no different than the effect of
lengthwise tandem parking. In either situation, the users of the parking spaces have to manage
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the sequencing of their trips with their cars to avoid shuffling. If shuffling the cars is needed in
either case it causes delays and possible temporary obstruction of the alley. Based on the
specifications for the lift in question, there would be a 30 -second delay for the lift to operate
which may cause only a slightly longer delay than shuffling cars parked lengthwise.
Second, the 30 -foot wide by 9 -foot deep parking apron adjacent to the alley is configured
to accommodate two angled, compact -sized guest stalls.
The applicant has provided the information to show that the parking lift and unique
features of the setback area will provide space for four cars to park, and that the site is
adequately parked for residents and guests. A covenant will be recorded on the property to
ensure that the alternative methods of providing adequate parking are maintained for the life of
the building.
Section 5. The project is Categorically Exempt from the California Environmental
Quality Act per Guidelines, Section 15301 Class 1 because the Parking Plan proposal involves a
negligible change from existing conditions on a developed lot in an urban area.
Section 6. Based on the foregoing, the Planning Commission hereby approves Parking
Plan 17-2, subject to the following Conditions of Approval:
1. The location and design of the two parking spaces and guest parking areas shall be
substantially consistent with the plan approved by the Planning Commission on
February 17, 2017. Minor modifications to the plans that are required in order to
comply with project conditions or codes may be approved by the Community
Development Director provided the size and location and specifications of the
parking spaces and the mechanical lift are not significantly modified.
2. The building setback area identified for parking along the alley shall be maintained
for guest parking purpose. No encroachments into the parking area shall be
permitted.
3. 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.
4. A covenant, with the City a party thereto, approved by the City Attorney shall be
recorded assuring that a mechanical parking lift will be installed and maintained in
full operability for the life the building, and that the 30 -foot wide by 9 -foot deep
parking apron adjacent to the alley accommodate two angled, compact -sized guest
stalls, to be maintained for the life of the building.
5. 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
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Community Development Department their affidavits stating that they are aware of,
and agree to accept, all of the conditions of this grant.
6. This permit shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to construction of the south property
wall.
7. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements of the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the reason
therefore, at least 60 days prior to the expiration date. No additional notice of
expiration will be provided.
Section 7. Each of the above conditions is separately enforced, and if one of the
conditions of approval is found to be invalid by a court of law, all other conditions shall remain
valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
• project authorized by the City, including (without limitation) reimbursing the City its actual
attorneys' fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
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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.
Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal review by the City Council (Hermosa
Beach Municipal Code Section 2.52.40), must be made within 90 days after the final decision by
the City.
VOTE: AYES: Comms.Hoffinan,Pedersen,Rice,Saemann
NOES: None
ABSTAIN: None
ABSENT: Chmn.Flaherty
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CERTIFICATION
I hereby certify the foregoing planning Commission Resolution 17-5 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 of February 21, 2017.
c-eln
Rob Saemann, Vice Chairman ' o ---b t lirn, Secretary
February 21, 2017
Date
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P.C. RESOLUTION 17-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP #72886 FOR A TWO -UNIT
CONDOMINIUM PROJECT, AT 1638-1642 HERMOSA AVENUE
AND 1635 PALM DRIVE, LEGALLY DESCRIBED AS A
PORTION OF LOTS 3 AND 4 BLOCK 32, 1sT ADDITION TO
HERMOSA BEACH, CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by James T. Haynes, owner of real property located at
1638-1642 Hermosa Avenue and 1635 Palm Drive, seeking reinstatement of expired Tentative
Parcel Map No. 72886 for a two -unit condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on January 17, 2017, at which testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. On September 16, 2014, the Planning Commission approved a Conditional Use Permit,
Precise Development Plan, and Tentative Parcel Map No. 72886 for a two -unit condominium
project.
2. The Tentative Parcel Map expired on September 16, 2016 and must be reinstated
before a Final Parcel Map can be approved by the City and recorded with the County.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Tentative Parcel Map:
1. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan and specific plans, and is compatible with the immediate environment;
2. The site is zoned Two -Family Residential (R-2) and is physically suitable for the type and
density of the proposed development;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed subdivision;
5. The project, as conditioned, will conform to all zoning and condominium laws and criteria
and will be compatible with neighboring residential properties;
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6. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Section 15303(b)
and 15315 with the finding that the project is in an area with available services and has an
average slope of less than 20 percent.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Tentative Parcel Map subject to the following Conditions of Approval:
1. The Tentative Parcel Map shall be null and void twenty-four months from the date
of approval unless the map is finaled and the project implemented. The applicant
may apply in writing for an extension of time to the Planning Commission prior to
the date of expiration.
2. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or apportioned to
any newly created parcels. Notice of same shall be provided to the Community
Development Director. Assessment payoff amounts may be obtained by calling the
City's Assessment Administrator at (800) 755-6864. Applications for apportionment
may be obtained in the Public Works Department.
Section 6. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-4 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 of January 17, 2017.
Mike Flaherty, Chairman
January 17, 2017
Date
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P.C. RESOLUTION 17-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP #72959 FOR A TWO -UNIT
CONDOMINIUM PROJECT, AT 4 MEYER COURT, LEGALLY
DESCRIBED AS LOT 22, TRAFTON HEIGHTS TRACT, CITY OF
HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Edin R. Pinto Duarte, owner of real property
located at 4 Meyer Court, seeking reinstatement of expired Tentative Parcel Map No. 72959 for a
two -unit condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on January 17, 2017, at which testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. On October 21, 2014, the Planning Commission approved a Conditional Use Permit,
Precise Development Plan, and Tentative Parcel Map No. 72959 for a two -unit condominium
project.
2. The Tentative Parcel Map expired on October 21, 2016 and must be reinstated before a
Final Parcel Map can be approved by the City and recorded with the County.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Tentative Parcel Map:
1. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan and specific plans, and is compatible with the immediate environment;
2. The site is zoned Specific Plan Area 2 (SPA 2) and is physically suitable for the type and
density of the proposed development;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed subdivision;
5. The project, as conditioned, will conform to all zoning and condominium laws and criteria
and will be compatible with neighboring residential properties;
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6. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Section 15303(b)
and 15315 with the finding that the project is in an area with available services and has an
average slope of less than 20 percent.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Tentative Parcel Map subject to the following Conditions of Approval:
1. The Tentative Parcel Map shall be null and void twenty-four months from the date
of approval unless the map is finaled and the project implemented. The applicant
may apply in writing for an extension of time to the Planning Commission prior to
the date of expiration.
2. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or apportioned to
any newly created parcels. Notice of same shall be provided to the Community
Development Director. Assessment payoff amounts may be obtained by calling the
City's Assessment Administrator at (800) 755-6864. Applications for apportionment
may be obtained in the Public Works Department.
Section 6. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-3 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 of January 17, 2017.
Mike Flaherty, Chairman
January 17, 2017
Date
ertson, Secretary
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P.C. RESOLUTION 17-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP #73031 FOR A TWO -UNIT
CONDOMINIUM PROJECT, AT 609-611 LONGFELLOW
AVENUE, LEGALLY DESCRIBED AS LOTS 57 AND 58,
SOUTHERN CALIFORNIA CONVENTION HALL AND MARINE
VIEW PARK, AS PER MAP RECORDED IN BOOK 18, PAGES 2
AND 3 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES, CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by HBL Development, LLC, owner of real property
located at 609-611 Longfellow Avenue, seeking reinstatement of expired Tentative Parcel Map
No. 73031 for a two -unit condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on January 17, 2017, at which testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. September 16, 2014, the Planning Commission approved a Conditional Use Permit,
Precise Development Plan, and Tentative Parcel Map No. 73031 for a two -unit condominium
project.
2. The Tentative Parcel Map expired on September 16, 2016 and must be reinstated
before a Final Parcel Map can be approved by the City and recorded with the County.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Tentative Parcel Map:
1. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan and specific plans, and is compatible with the immediate environment;
2. The site is zoned Limited Multiple Family Residential (R -2B) and is physically suitable
for the type and density of the proposed development;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed subdivision;
5. The project, as conditioned, will conform to all zoning and condominium laws and criteria
and will be compatible with neighboring residential properties;
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6. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Section 15303(b)
and 15315 with the finding that the project is in an area with available services and has an
average slope of less than 20 percent.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Tentative Parcel Map subject to the following Conditions of Approval:
1. The Tentative Parcel Map shall be null and void twenty-four months from the date
of approval unless the map is finaled and the project implemented. The applicant
may apply in writing for an extension of time to the Planning Commission prior to
the date of expiration.
2. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or apportioned to
any newly created parcels. Notice of same shall be provided to the Community
Development Director. Assessment payoff amounts may be obtained by calling the
City's Assessment Administrator at (800) 755-6864. Applications for apportionment
may be obtained in the Public Works Department.
Section 6. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-2 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 of January 17, 2017.
MV-9-izaL 'Cat—
Mike Flaherty, Chairman
January 17, 2017
Date
obertson, Secretary
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P.C. RESOLUTION 17-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP #72883 FOR A TWO -UNIT
CONDOMINIUM PROJECT, AT 605-607 LONGFELLOW
AVENUE, LEGALLY DESCRIBED AS LOTS 59 AND 60,
SOUTHERN CALIFORNIA CONVENTION HALL AND MARINE
VIEW PARK, AS PER MAP RECORDED IN BOOK 18, PAGES 2
AND 3 OF MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES, CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by HBL Development, LLC, owner of real property
located at 605-607 Longfellow Avenue, seeking reinstatement of expired Tentative Parcel Map
No. 72883 for a two -unit condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on January 17, 2017, at which testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. July 15, 2014, the Planning Commission approved a Conditional Use Permit, Precise
Development Plan, and Tentative Parcel Map No. 72883 for a two -unit condominium project.
2. The Tentative Parcel Map expired on July 15, 2016 and must be reinstated before a
Final Parcel Map can be approved by the City and recorded with the County.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Tentative Parcel Map:
1. Design of the proposed subdivision is compatible and consistent with applicable elements
of the City's General Plan and specific plans, and is compatible with the immediate environment;
2. The site is zoned Limited Multiple Family Residential (R -2B) and is physically suitable
for the type and density of the proposed development;
3. The subdivision or types of improvements are not likely to cause serious public health
problems;
4. The subdivision or type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of property within the proposed subdivision;
5. The project, as conditioned, will conform to all zoning and condominium laws and criteria
and will be compatible with neighboring residential properties;
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6. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Section 15303(b)
and 15315 with the finding that the project is in an area with available services and has an
average slope of less than 20 percent.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Tentative Parcel Map subject to the following Conditions of Approval:
1. The Tentative Parcel Map shall be null and void twenty-four months from the date
of approval unless the map is finaled and the project implemented. The applicant
may apply in writing for an extension of time to the Planning Commission prior to
the date of expiration.
2. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or apportioned to
any newly created parcels. Notice of same shall be provided to the Community
Development Director. Assessment payoff amounts may be obtained by calling the
City's Assessment Administrator at (800) 755-6864. Applications for apportionment
may be obtained in the Public Works Department.
Section 6. 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.
VOTE: AYES: Comms.Hoffman,Pedersen,Rice,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 17-1 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 of January 17, 2017.
Mike Flaherty, Chairman �, en 12Obertson, Secretary
January 17, 2017
Date