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HomeMy WebLinkAboutPC Resolution 16-32• • • P.C. Resolution 16-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MASSAGE THERAPY BUSINESS INSIDE A MULTI -TENANT COMMERCIAL BUILDING AT 1301 MANHATTAN AVENUE; 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 22, 2016 by Andy Chan, seeking approval of Conditional Use Permit 16-5 to allow a massage establishment. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on November 15, 2016, 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 15301(a), Existing Facilities because the project consists permitting of existing facilities involving no expansion of use in an existing building zoned for commercial 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 an application for Conditional Use Permit to allow a massage establishment at an existing multi -tenant commercial building. 2. The subject tenant space contains approximately 3,219 square feet, is designated General Commercial on the General Plan Map, and C-2 Restricted Commercial 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 Conditional Use Permit pursuant to Section 17.40.020 of the Municipal Code: 1. Distance from existing residential uses: The use is located within a multi -tenant commercial building. Other uses in the building include a late-night restaurant/bar (Abigail/Ocean Bar), retail, and general office. Directly to the north of the site is a commercially zoned lot with a legal non -conforming three -unit residential apartment and a City owned/operated parking lot. Directly to the east and west of the site are commercial uses while to the south of the site are 1 • • commercial uses on the street level with three residential units on the top floor. Located across Manhattan Avenue northeast of the site are residential uses. The use involves spa -related services (massage, skin treatment, etc.) conducted within the confines of the building. Due to the proximity of nearby residential uses, the project has been conditioned to permit operations from 8:00 a.m. to 10:00 p.m. daily. 2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The business is located within a multi -tenant commercial building. Parking for the building is located in a parking structure with access from Manhattan Avenue as well as from the rear alley Palm Drive and is shared amongst the multiple tenants of the building. The parking structure has a total of 77 spaces and is governed by P.C. Resolution 14-16. The parking is shared between the 8,176 square foot restaurant/bar, 506 square foot retail store, and 10,439 square foot general office use. The peak hours of the restaurant, the most demanding of the variety of uses conducted within the building, are in the evening hours when a valet service is typically provided to allow for the potential of stacking of parked cars and subsequently additional spaces being available when demand for parking is at its peak. Additionally, the peak hours of the office use and retail store are during the afternoon when demand for parking within the building is at its lowest. As such, the parking demand of the variety of uses is appropriate and no parking -related impacts are anticipated. 3. Location of and distance to churches, schools, hospitals and public playgrounds: The use is located within an existing commercial building as well as within the downtown district. The nearest church is located to two blocks north of the project at the corner of Manhattan Avenue and 15th Street, while the nearest school is east of the project at Valley Drive and 17th Street (Valley School). The nearest public playground is South Park, located on Valley and 4th Street. There are no hospitals within the city. The use is contained within the confines of the commercial building and is not anticipated to impact schools, playgrounds, or churches in the city. 4. The combination of uses proposed: The business offers spa -related services including massage and skin therapy. The uses are typical of spa service establishments and do not conflict with existing uses in the building or vicinity. 5. Precautions taken by the owner/operator of the proposed establishment to assure the compatibility of the use with surrounding uses: The business operates within the confines of the building with no outdoor use since 2009. No code enforcement issues (excluding the lack of a CUP) or neighborhood compatibility issues have occurred since opening. Additionally, the project is conditioned to hour of operation 8:00 a.m.' to 10:00 p.m. daily to reduce impacts on neighboring residences. 6. The relationship of the proposed business -generated traffic volume and the size of streets serving the area: The business is located in the downtown area within an existing commercial building. Nearby streets include Pier Avenue and Manhattan Avenue which regularly operate below capacity. The traffic volume for the use is not significant due to the size and type of the business. Therefore, no impacts are anticipated to traffic volumes or mobility around the site. 2 • • • 7. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The use is located within a multi -tenant commercial building. No building elements are proposed to be altered as part of the project. Signage for the building is governed by a master sign program and all proposed signage will be required to comply with the master sign program for the building. No impacts are anticipated. 8. The number of similar establishments or uses within close proximity to the proposed establishment: The business is located on Manhattan Avenue within the downtown district. The nearest similar establishment is located outside the downtown district at the intersection of Pier Avenue and Pacific Coast Highway. Additional similar massage -related establishments are located along Pacific Coast Highway. The multiple massage therapy establishments in the city are spread throughout the city and are not anticipated to create impacts as it relates to congestion of similar establishments. 9. Noise, odor, dust and/or vibration that may be generated by the proposed use: The use offers massage and similar spa services. No construction will occur since the application is to permit an existing business that has expanded operations beyond the administrative guidelines of massage therapy establishments. Typical massage/spa operations include personal massages, skin treatments, and similar services performed in a quiet environment. No noise, odor, and/or vibration impacts are anticipated. 10. Impact of the proposed use to the City's infrastructure, and/or services: The business is located within an existing multi -tenant commercial building with established infrastructure (plumbing, electricity, natural gas, etc.) and other emergency -related services. The use is a common commercial use and is not anticipated to impact existing services and infrastructure. 11 Will the establishment contribute to a concentration of similar outlets in the area: The proposed establishment is the only massage establishment within the downtown district. Fewer than five other massage establishments are located along Pacific Coast Highway and Aviation Boulevard. Thereby, the business does not risk contributing to a concentration of establishments in the city. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with surrounding uses, and the City as a whole: No other considerations are needed. Section 6. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit to allow a massage establishment within a multi -tenant commercial building subject to the following Conditions of Approval: General: 1. The continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meeting of November 15, 2016, revised in accordance with the conditions below. The Community Development 3 • • • Director may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code or requirements of this approval. 2. A responsible massage therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a responsible massage therapist. 3. Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit and all regulations as set forth in Chapter 5.74. 4. Hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m. 5. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 6. Any changes to the interior layout that would alter the primary function of the business shall be subject to review and approval by the Planning Commission. The operation of the business shall comply with all applicable requirements of the Municipal Code. 7. An Acceptance of Conditions affidavit shall be filed with the Community Development Department stating that the applicant is aware of, and agrees to accept, all of the conditions of this grant. 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 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 4 • • • 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 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,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-32 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 of November 15, 2016. Peter Chairman November 15, 2016 Date 5 • RESOLUTION PC 16-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A VARIANCE TO LOCATE A SIGN WITHIN THE PUBLIC RIGHT-OF-WAY AT 1818 MONTEREY BOULEVARD (ST. CROSS EPISCOPAL CHURCH), LEGALLY DESCRIBED AS PORTION OF LOT 12, BLOCK 71, SECOND ADDITION; LOTS 1, 2, 3, 4 & 5, P. McNERNEY'S REPLAT OF A PORTION OF LOT 12, BLOCK 71 OF 2ND ADDITION; LOTS 11, 12, 13 & 14, BLOCK 53, FIRST ADDITION; LOTS 19, 20 & 21, TRACT NO. 1129, BLOCK 53; LOTS 17 & 18, TRACT NO. 1128, BLOCK 53, HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as .follows: Section 1. An application for a sign variance was filed by St. Cross Episcopal Church. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for sign variance (VAR 16-2) on September 20, 2016, at which time testimony and evidence, both oral and written, was presented to a considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15311(a) on -premises signs. Section 4. Based on the Staff Reports, testimony and evidence received, the Planning Commission makes the following findings: 1. The applicant proposes to replace an existing 22 square foot, six foot five inch high message board sign located in front of the church atop a 24 inch to 36 inch tall wall, oriented perpendicular to the street, with a 27 square foot, 6 foot 9 inch high ground sign to be located in the public right-of-way approximately two feet from the back of the sidewalk, south and adjacent to the brick wall which separates the parking lot from the front lawn and perpendicular to the street. 2. The subject property is zoned R-2 and is surrounded by R-1 and R-2 zoned lots and uses. Based on the foregoing, the Planning Commission makes the following findings pursuant to H.B.M.C. Section 17.50.190 in which all findings must be made to grant a variance. A. A variance authorized is not a grant of a special privilege inconsistent with the limitations on other properties in the vicinity. - 1 • The proposed sign location within the public right-of-way would be a grant of special privilege as signs in the vicinity have not been granted approval to locate within the public right-of-way. B. Special conditions and extraordinary circumstances apply to the property and do not apply to the other properties in the vicinity so that the strict application of this chapter works a demonstrated hardship on the particular property. A hardship does not exist relative to sign location because there is a viable alternative which would allow for a slightly taller sign (6'9") with increased sign area (27 square feet) and larger font sizes at the same location as the existing sign (approximately 15 feet from back of sidewalk). Almost the entire street frontage at the project site is limited to loading and unloading of passengers which allows greater sign visibility when events are not taking place. Therefore, the finding of exceptional circumstances does not apply to this property. C. The variance will not adversely affect public safety and the design and appearance of the signing and structures of the surrounding area. The proposed sign within the public right-of-way could potentially detract from the surrounding residential area. Section 5. Based on the foregoing, the Planning Commission hereby denies in part Sign Variance 16-2 to locate a sign within the public right-of-way at 1818 Monterey Boulevard • as all required findings cannot be met. • 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.Pedersen,Rice,Chairperson Hoffman NOES: Comms.Flaherty, Saemann ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-27 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their - 1 : ti g of September 20, 2016. 416 &00 Ai r Ian, Chairman Pete September 20, 2016 Date 2 endo son, Secretary • RESOLUTION PC 16-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE FROM SIGN STANDARDS AT 1818 MONTEREY BOULEVARD (ST. CROSS EPISCOPAL CHURCH), LEGALLY DESCRIBED AS PORTION OF LOT 12, BLOCK 71, SECOND ADDITION; LOTS 1, 2, 3, 4 & 5, P. McNERNEY'S REPLAT OF A PORTION OF LOT 12, BLOCK 71 OF 2ND ADDITION; LOTS 11, 12, 13 & 14, BLOCK 53, FIRST ADDITION; LOTS 19, 20 & 21, TRACT NO. 1129, BLOCK 53; LOTS 17 & 18, TRACT NO. 1128, BLOCK 53, HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application for a sign variance was filed by St. Cross Episcopal Church. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for sign variance (VAR 16-2) on September 20, 2016, at which time testimony and evidence, both oral and written, was presented to a considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental • Quality Act, pursuant to CEQA Guidelines Section 15311(a) on -premises signs. • Section 4. Based on the Staff Reports, testimony and evidence received, the Planning Commission makes the following findings: 1. The applicant proposes to replace an existing 22 square foot, six foot five inch high message board sign located in front of the church atop a 24 inch to 36 inch tall wall, oriented perpendicular to the street, with a 27 square foot, 6 foot 9 inch high ground sign to be located in the public right-of-way approximately two feet from the back of the sidewalk, south and adjacent to the brick wall which separates the parking lot from the front lawn and perpendicular to the street. 2. The subject property is zoned R-2 and is surrounded by R-1 and R-2 zoned lots and uses. Based on the foregoing, the Planning Commission makes the following findings pursuant to H.B.M.C. Section 17.50.190: A. A variance authorized is not a grant of a special privilege inconsistent with the limitations on other properties in the vicinity. The proposed sign will replace an existing sign used to identify the facility and thus assists in notifying the community of the events and community services at the facility. Other properties in the vicinity are restricted to residential uses and do not have the same needs for identification. Therefore, allowing 1 • • • increased sign area for the institutional use in the form of a ground sign is not a grant of special privilege inconsistent with the other residential properties in the area. Residential lot frontages in the area are typically 34 to 50 feet, while the Church frontage is about 320 feet. A conforming sign of two square feet located on this property may not be as readily visible as would a conforming sized sign on a nearby much smaller residential lot. The maximum size of any type of sign in residential zones is 12 square feet per face for double-faced multi -family rental real estate signs. Ground signs are limited to four feet in height and wall signs are limited to eight feet in height. The proposed sign is 27 square feet (per face) and 6'9" in height above grade, standards both of which are slightly larger than the existing variance -approved bulletin board sign. While the proposed sign could be made more conforming to regulations that apply to multi -family residential buildings in residential zones by limiting size and height closer to 12 square feet per face and 4 feet in height, the previously variance approved 22 square feet (per face) sign has proven to be substantially in proportion with the parcel size and layout of the buildings and improvements on the subject property. Therefore, a minimal increase in size and height is anticipated to be proportional with the parcel size and building improvements. The proposed sign location within the public right-of-way would be a grant of special privilege as signs in the vicinity have not been granted approval to locate within the public right-of-way. B. Special conditions and extraordinary circumstances apply to the property and do not apply to the other properties in the vicinity so that the strict application of this chapter works a demonstrated hardship on the particular property. Sign Size and Type The property is split zoned R-2 and R-1, and churches are allowed in both residential zones subject to a conditional use permit; however, this particular church is legal nonconforming as it was constructed before Conditional Use Permits were required (1953) and does not have a Conditional Use Permit. Replacement of the sign with a conforming sign (i.e. no greater than two square feet), is impractical because institutional uses such as churches, synagogues, and temples are permitted to be located in local neighborhood residential areas they serve; however, the residential sign code does not make any distinction among uses in residential zones, particularly institutional uses such as the subject church use. Churches, synagogues, temples, and similar facilities allowed in residential zones typically occupy larger sites than the neighboring residential uses. In this case, the lot frontage (Monterey Blvd) is approximately 320 feet, versus 34 to 50 feet for residential uses in the same block. A sign conforming to residential sign standards (i.e. sign area and sign type) would be substantially out of scale with the physical dimensions of the property. Therefore, exceptional circumstances are applicable to the property involved and the proposed size (a double-faced 27 square foot (per face) urethane sign mounted on two poles with a total height of 6'9") and sign type (ground sign) are reasonable. 2 C. The variance will not adversely affect public safety and the design and appearance of the signing and structures of the surrounding area. The proposed sign size is in scale with the size of the subject parcel and improvements on the site and will not impact line of sight or public safety; there are no other nearby signs. Its scale and location on a planter wall rather than the public right-of-way, would ensure that it will not be visually obtrusive. The closest adjacent property is owned by the Church; the sign location is several hundred feet from residential uses to the south, and the orientation of the sign if located on the planter wall, rather than the public right-of-way makes the sign less visible to the closest residence across the street. Given the neighborhood location, the sign illumination shall be static, external and oriented so that only the sign face is illuminated, with a low intensity light and automatically turned off between 10:00 p.m. and dawn. With these provisions, the sign will be adequately conditioned to prevent adverse impacts to public safety and the design and appearance of the signing and structures of the surrounding area. Section 5. Based on the foregoing, the Planning Commission hereby approves in part sign Variance 16-2 as to sign size and type, subject to the following Conditions of Approval: 1. The sign shall comply with and not exceed the sign area, height and other standards of the plan approved by the Planning Commission on September 20, 2016 with the exception of sign location in which the new identification ground sign be located entirely on private property and not project over public property. The new ground sign shall be located in the same general location as the existing sign, south and adjacent to the brick wall which separates the parking lot from the front lawn and perpendicular to the street. 2. A sign permit, and building and/or electrical permits as may be applicable, shall be obtained prior to erecting the sign or lighting. 3. Any illumination shall be static, external and oriented so that only the sign face is illuminated, automatically turned off between 10:00 p.m. and dawn, and low intensity subject to approved by the Community Development Director per H.B.M.C. Section 17.50.070. A.5. Section 6. 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 Sign Variance. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. 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 Sign Variance. 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. 3 • • • 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 Sign Variance. 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,Pedersen,Rice,Saemann,Chairperson Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-26 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their re:.:. eeting of September 20, 2016. 4�►j% alli Peter H a,, , Chairman September 20, 2016 Date 4 • • P.C. RESOLUTION NO. 16-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN FOR A NEW COFFEE HOUSE (HI-FI ESPRESSO) FOR THE PURPOSE OF DETERMINING THAT IT'S A SNACK SHOP WITH CHARACTERISTICS TO ALLOW CONSIDERATION OF THE RETAIL COMMERCIAL REQUIREMENT FOR PARKING AT 227 PACIFIC COAST HIGHWAY AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT., LEGALLY DESCRIBED AS NE 100 FT OF SW 110 FT OF LOT 60, WALTER RANSOM CO S VENABLE PLACE, 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 Jeff and Karen Prugh seeking approval for a Parking Plan to classify a new coffee house (Hi-Fi Espresso) 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 16-5 on September 20, 2016, 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 SPA -7 which allows food establishments and reduction in parking requirements in accordance with a Parking Plan. 2. The applicant requests to convert an approximately 542 square foot commercial retail space to a snack shop serving a limited menu of coffee drinks, nonalcoholic beverages such as bottled waters, sodas, and juices, along with an assortment of pastries which will be prepared off-site including croissants, cookies, brownies, donuts, and pre-packaged yogurts. Customers will order items from the service counter. No table service will be provided. A limited seating area with a total of 16 indoor seats (not to exceed 25 seats) will be provided. 3. The site for the 4,878 square foot building does not meet current parking requirements for retail commercial uses (requiring one space for 250 square feet of gross floor area) with 12 parking spaces (eight of which are standard spaces and four are tandem spaces which cannot be counted towards meeting parking requirement) rather than the required 20 spaces for retail commercial uses. 1 • 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 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 16 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. Full meals will not be provided as products offered are limited to coffee drinks, nonalcoholic beverages such as bottled waters, sodas, and juices, along with an assortment of pastries which will be prepared off-site including croissants, cookies, brownies, donuts, and pre-packaged yogurts. D. The kitchen is not capable of serving full meals as equipment is limited to an espresso machine, coffee brewer, coffee grinder, espresso grinder, hot water delivery system, urn and server, small refrigerator, small ice maker, and toaster oven used only for the purpose of warming the baked goods which will be pre -prepared off-site. 1110 E. There will be a shelving unit displaying a small assortment of fine retail goods as • listed in the applicant's business narrative. F. Snacks and non-alcoholic beverages are served for consumption on the premises or for take-out. The consumption of food or beverages in the intended limited outdoor seating space is subject to an administrative permit pursuant to Chapter 17.55 of the Hermosa Beach Municipal Code (HBMC) and must be approved by the Community Development Department. 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 office to snack shop. Adequate parking will be provided for customers, clients, visitors and employees because: A. The applicant proposes no expansion to the approximately 542 square foot tenant space. B. 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 (CVS, nail/beauty service, restaurants, auto repair business, music classes and gym) who may utilize the adjacent City parking facility. 2 • C. The limited service area at approximately 108 square feet and minimal seating with a total of 16 indoor seats (not to exceed 25 seats) will not create additional parking demand. D. Parking will be shared in the multi -tenant building as conditioned. 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. 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 16-5, subject to the following Conditions of Approval: • 1. The floor plan shall be substantially consistent with the plan approved by the Planning Commission on September 20, 2016. No additional parking is required for this use as described in the September 20, 2016 plans. Minor modifications to plans required to comply with project conditions or codes may be approved by the Community Development Director. • 2. 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. 3. The eight standard parking spaces shall be shared, and the four tandem parking spaces may be assigned to particular tenants at 217 and 229 Pacific Coast Highway. 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 3 • • • 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 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, 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,Saemann,Chair Hoffman NOES: None ABSTAIN: None ABSENT: None 4 • • • CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 16-25 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 September 20, 2016. , Chairman R6�ertson, Secretary September 20, 2016 Date • • • RESOLUTION P.C. 16-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING MAP AMENDMENT AND TEXT AMENDMENTS TO THE MUNICIPAL CODE, CHAPTER 17 (ZONING), TO MAKE THEM CONSISTENT WITH THE ADOPTED 2013-2021 GENERAL PLAN HOUSING ELEMENT BY REMOVING THE AFFORDABLE HOUSING OVERLAY ZONING DISTRICT The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. On September 10, 2013, the City of Hermosa Beach initiated a Zoning Map amendment and a code amendment to the Municipal Code to make them consistent with the adopted 2013-2021 General Plan Housing Element by removing the Affordable Housing Overlay zoning district. SECTION 2. The Planning Commission held a duly noticed public hearing on August 16, 2016 to consider a Zoning Map amendment and a code amendment to the Municipal Code to make them consistent with the adopted 2013-2021 General Plan Housing Element by removing the Affordable Housing Overlay zoning district. (TEXT 16-4). SECTION 3. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(b)(3), because it can be seen with certainty that the project will not result in a direct or reasonably foreseeable indirect physical change in the environment because the project involves changes to the Zoning Map and text of the Zoning Ordinance to bring them into conformance with the City's 2013-2021 General Plan Housing Element, and no physical changes to the environment are involved. SECTION 4. The Planning Commission finds that the proposed amendments to the Zoning Code and Zoning Map are consistent with the City's General Plan because they will remove the Affordable Housing Overlay zoning district, which was not included in the 2013-2021 General Plan Housing Element, due to the reduction in the City's Regional Housing Need Allocation from 562 units to 2 units. SECTION 5. In accordance with Section 65863(b). of the Government Code, a city may not reduce the allowable general plan or zoning density of any residentially designated parcel or approve a project with a density below the density that was utilized by the Department of Housing and Community Development (HCD) when determining whether the city's housing element complied with state law unless the city makes both of the following findings, supported by substantial evidence. • The proposed reduction in density is consistent with the General Plan, including the Housing Element, because the 2013-2021 Housing Element did not include the Affordable Housing Overlay (AH -O) zoning district due to action at that time by the Department of Housing and Community Development (HCD) to reduce the City's Regional Housing Need Allocation (RHNA) from five hundred sixty-two (562) units to two (2) units for the 2013-2021 period. 1 • • The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction's share of the Regional Housing Need Allocation (RHNA), because the RI -INA of five hundred sixty-two (562) units for the period 2008-2014 was reduced to two (2) units for the period 2013-2021, and two (2) units can be accommodated by the small residentially zoned lots that dominate the majority of the city's residential land area. SECTION 6. The Planning Commission hereby recommends City Council approval of the proposed zone text amendments: 1. Section 17.06.010, Names of zones, of Chapter 17.06 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:. 17.06.010 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the destiny of population, sixteen (16) classes of zones are by this ordinance established to be known as follows: SPA Specific Plan Areas AH 0 Affordable Housing Overlay Zone R-1 Single-family residential zone. R -1A Two dwelling units per lot zone. R-2 Two-family residential zone. R -2B Limited multiple -family residence zone. R-3 Multiple -family residential zone. MHP Mobilehome park development district. R -P Residential professional zone. C-1 Limited business and residential. C-2 General commercial district. C-3 General and highway commercial district. M-1 Light manufacturing zone. RPD Residential planned development. 0-S Open space zone. 0-S-1 Restricted open space zone. O -S-2 Restricted open space zone. 2 • • • Where areas are shown upon the zoning map enclosed with an 0, the areas thus shown are intended to approximate the future location for that type of land use indicated by the symbol therein enclosed within a circle. (See Chapter 17.42.) Uncircumscribed symbols within such designated areas represent classification. Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to delete "lower income multiple -family dwellings" from the alphabetical list of land uses. 2. The definition of "lower-income multiple -family dwelling" in the alphabetical list of definitions in Section 17.04.040 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: "Lower-income multiple -family dwelling" means two-family dwelling and multiple dwellings where all dwelling units are affordable to lower-income households. This definition includes owner -occupied and rental dwelling units. 3. Section 17.42.130, Affordable Housing Overlay zone, in Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is deleted in its entirety. SECTION 7. Based on the foregoing, the Planning Commission of the City of Hermosa Beach hereby recommends approval to the City Council of the Zoning Map Amendment, attached hereto as Exhibit A (Proposed Zoning Map Amendment removing Affordable Housing Overlay). VOTE: AYES: Comms.Flaherty,Rice,Saemann,Chairperson Hoffman NOES: None ABSTAIN: None ABSENT: Comm.Pedersen CERTIFICATION I hereby certify that the foregoing Resolution P.C. 16-23 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its meeting of August 16, 2016. Peter �� man, Chairman August 16, 2016 Date 3 obertson, Secretary • • • P.C. RESOLUTION 16-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN FOR THE REMODEL AND EXPANSION OF AN EXISTING ONE-STORY COMMERCIAL BUILDING AT 519 PIER AVENUE (CONVERTING THE EXISTING DRY CLEANER BUSINESS TO OFFICES AND ADDING APPROXIMATELY 170 SQUARE FEET, AND ADDING A ROOF DECK; AND PARKING PLAN TO ALLOW THE PAYMENT OF A FEE IN LIEU OF PROVIDING AN ADDITIONAL PARKING SPACE REQUIRED FOR THE EXPANSION AT 513-519 PIER AVENUE; 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 by Sailfish Holdings, LLC, property owners, requesting approval of Precise Development Plan 16-11 and Parking Plan 16-4 to remodel an existing law office space at 513-517 Pier Avenue, expand the law operations into the adjacent space at 519 Pier Avenue (currently Door to Door Valet Dry Cleaners), construct an addition of 167 square feet at the front of 519 Pier Avenue, and construct a second story 556 square foot roof deck atop 519 Pier Avenue; and Parking Plan to allow the payment of a fee in -lieu of providing an additional parking space. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on August 16, 2016 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 site is zoned SPA -11 which allows general commercial uses, and remodels/additions of 1,500 square feet or more require approval of a Precise Development Plan. Surrounding uses consist of restaurants, retail, and residential to the rear. 2. The applicant proposes to remodel the existing office space to include seven personal offices, three secretarial desks, a conference room, bathrooms, and a work alcove. The tenant space at 519 Pier Avenue will be remodeled to include three personal offices, a restroom, and a new reception area with stairs leading to a 556 square foot roof deck at the southeast corner of the building. Additionally, a 167 square foot expansion in front of the 519 Pier Avenue space is proposed, thereby pushing the building to within 2.5 feet of the front property line. Section 4. The project is categorically exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15301(e) Existing Facilities, because the proposal involves interior and exterior changes less than 10,000 square feet in an area where all public services and facilities are available. 1 • • e Section 5. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for the Precise Development Plan pursuant to H.B.M.C. Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects: The proposed project is located along Pier Avenue in the SPA -11 zone, a commercial zone within the downtown district. To the rear of the property, in a natural valley, is a mobile home park consisting of approximately 60 units. The residential property to the rear sits at an elevation significantly lower than the subject property, with the closest residential building being approximately 40 feet from the proposed office use and roof deck. The proposed roof deck is located near the front portion of the subject lot along Pier Avenue, thereby aiding in reducing noise disturbances to the properties to the rear. Despite the proposed roof deck location near the front of the property, the project has been conditioned to limit use of the roof deck from 8:00 a.m. to 10:00 p.m. daily. 2. The amount of existing or proposed off-street parking in relation to actual need: The existing building at 513-517 Pier Avenue has five spaces located at the rear of the building. The existing building at 519 Pier Avenue has four spaces located at the rear of the building. Existing parking is legal nonconforming to current parking requirements, as 18 spaces would be required if the proposed use and building were built today. A full analysis of the parking is included later in the document under the Parking Plan heading. 3. The combination of the uses proposed, as they related to compatibility: The proposed office use is currently in operation at 513-517 Pier Avenue and will be expanded to include the adjacent tenant space (519 Pier Avenue). Staff recommends a condition of approval limiting the use of the roof deck to the hours of 8:00 a.m. to 10:00 p.m. daily to reduce the likelihood of impacts to nearby residential uses. 4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area: The law office currently operates out of the tenant spaces at 513- 517 Pier Avenue while the tenant space at 519 Pier Avenue currently houses a dry cleaner. Per Hermosa Beach Municipal Code standards the dry cleaning use and the office use have identical parking requirements (1 space per 250 square feet). However, a dry cleaning use tends to generate more brief individual trips (5-20 minutes) to a site than an office use typically demands, with most office trips consisting of employees coming to the site for a work shift and staying for the majority of the day (4-10 hours). Therefore, the proposed expansion of the law office into the dry cleaner space and small increase in floor area is not anticipated to increase traffic volume to the site. 5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments: The existing buildings contain two separate uses (law office and dry cleaners) separated by buildings with different exteriors. The proposed project will install a new facade along the Pier Avenue frontage of 519 Pier Avenue congruent with the existing frontage of 513-517 Pier Avenue. Submitted plans indicate the new window systems, new stone veneer, and new wood columns to be installed along the Pier Avenue frontage will match the existing window systems, stone veneer, and wood columns. Additionally, a new entry door near the corner of Pier Avenue and Bard Street will be installed and match the existing glass of the window systems. 2 • • • The SPA -11 zone encourages pedestrian oriented uses on the ground level as well as minimum glazing standards on the ground floor. The proposed project meets the minimum requirement of 70% glazing between the 3 feet and 8 feet in height area along the Pier Avenue frontage and the applicant has provided an exhibit in the submittal detailing this requirement. Additionally, the Pier Avenue facade design of the existing law office will be continued along the easterly portion of the expanded area fronting Pier Avenue as well as the entire east side of the building fronting Bard Street in an effort to create a single continuous aesthetic. Building height is proposed to be approximately 24 feet, while the SPA -11 zone allows buildings of no greater than two stories and a maximum of 30 feet high. A new planter is proposed along the Pier Avenue frontage to complement an existing planter on the westerly half of the project. 6. Building and driveway orientation in relation to sensitive uses, e.g. residences and schools: The proposed roof deck will be constructed near the front of the property, away from residential uses. Access to the building is oriented towards the front along Pier Avenue, while additional employee access is available at the rear of the site nearest available off-street parking via four doors. The office will be in use primarily during daytime hours, such that employee access to the building at the rear of the site is not anticipated to negatively impact the residential uses to the rear. The site is accessed via off-street parking along the alley at the rear of the building (Oak Street) and metered street parking at the front of the property along Pier Avenue. No alterations to vehicular access are proposed. 7. Noise, odor, dust and/or vibration that may be generated by the proposed use: The general office use of the building has existed for multiple years and has not been noted as being particularly impactful with regard to noise, odor, and vibration. The proposed roof deck is oriented at the southeastern most corner of the building, approximately 80 feet from the residential uses to the rear, and has been conditioned to be limited to operating hours of 8:00 a.m. to 8:00 p.m. daily so as to reduce the likelihood of impacts to the residences to the rear. Other impacts related to construction are addressed by existing codes. Should unanticipated noise impacts occur, the subject entitlements may be reviewed at any time at the request of the Planning Commission. 8. Impact of the proposed use to the City's infrastructure, and/or services: The existing site contains an office use and a dry cleaning use, both of which are adequately served by the existing infrastructure. The proposed expansion of 167 square feet is not anticipated to stress the required infrastructure or services beyond capacity. Therefore, no negative impacts are anticipated. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms: The proposed project seeks to expand an existing office use within the downtown district and construct a roof deck atop a portion of the building. General office uses are not typically impactful to neighboring tenants as operations usually involve administrative 3 • • work contained within a building. However, the addition of the roof deck has the potential to create negative impacts on neighboring tenants and residences. The location of the roof deck at the southeastern most corner of the building reduces the likelihood of noise -related impacts on neighboring properties, as such, the project has been conditioned to limit use of the roof deck from 8:00 a.m. to 10:00 p.m. to assist in helping to reduce possible noise - related impacts of this outdoor ancillary use. 10. Other considerations that, in the judgement of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: The project is located within the SPA -11 zone, a commercial zone of which the intent is to facilitate a pedestrian -oriented seaside village center with buildings of diverse character reflecting the use of local architecture and culture. The project will continue an existing architectural style along Pier Avenue and Bard Street as well as add a new roof element congruent with the style of the building. The SPA -11 development standards seek to facilitate a pedestrian oriented frontage via minimum development standards such as a prominent entryway accessible from the sidewalk situated at the corner of buildings located at street intersections when possible, a minimum number of doorways along the frontage, maximum height allowances of 30 feet and two stories, and minimum glazing standards at general eye level. The project has a prominent entryway situated at the corner of Pier Avenue and Bard Street compliant with SPA -11 development standards, however, pursuant to Section 17.38.550(G)(2) an additional door is required to be constructed along the frontage. The project has been conditioned to require an additional door along the Pier Avenue street frontage compliant with SPA -11 standards. Additionally, the proposed project contains window glazing compliant with the minimum 70 percent standard from Section 17.38.550(G)(3) of the SPA -11 zone. An exhibit detailing the glazing of the building is provided in the applicant's submittal. Also, the project proposes to construct roof projections over the right-of-way along Pier Avenue and Bard Street, compliant with SPA -11 standards. The project has been conditioned to require an encroachment permit through the Public Works Department prior to issuance of a building permit. Collectively the SPA -11 standards seek to facilitate a unique pedestrian -oriented building along the one of the City's prominent commercial corridors. Although it may be desirable to the City to encourage more pedestrian -oriented uses like retail, the SPA -11 zone allows a variety of general commercial uses including offices. The project has been conditioned to meet the standards and general intent of the SPA -11 standards. Section 6. Based on the foregoing, the Planning Commission makes the following findings that the applicant may pay fees in -lieu of providing required parking for the change of use per Section 17.44.210: 1. The applicant is unable to provide the required parking triggered by the 167 square foot expansion. 4 2. The business is located within the downtown district where metered parking is available and other modes of transportation like bicycling and walking are common. • 3. The proposed office use will not significantly increase parking demand in the area. • • 4. Pursuant to Section 17.44.210 a fee in -lieu of providing required parking is required. Section 7. Based on the foregoing, the Planning Commission hereby approves the proposed Precise Development Plan 16-11 and Parking Plan 16-4 subject to the following Conditions of Approval: Precise Development Plan 1. The proposed modifications to the building shall be substantially consistent with plans submitted and approved by the Planning Commission on August 16, 2016. The Community Development Director may approve minor modifications that do not otherwise conflict with the Municipal Code or requirements of this approval. Any substantial deviation must be reviewed and approved by the Planning Commission. a. 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. b. All exterior lighting shall be downcast and 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 (three 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. c. Landscaping shall comply with Section 8.60.070 of the Municipal Code to the satisfaction of the Community Development Director. d. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. e. The establishment shall not adversely affect the welfare of the residents, and/or commercial and residential establishments nearby. 2. The roof deck shall not be occupied from 10:00 p.m. to 8:00 a.m. daily. 3. An additional door shall be added to the Pier Avenue building frontage compliant with the requirements of Section 17.38.550(G)(2). 5 • • 4. The applicant shall seek a determination from the California Coastal Commission on whether a Coastal Development Permit is required, and if required the applicant must obtain the Coastal Development Permit prior to issuance of the building permit. 5. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the City of Hermosa Beach Municipal Code. 6. Encroachments into the public right-of-way are subject to an encroachment permit approved by the Public Works Department. 7. 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. 8. The Planning Commission may review this Precise Development Plan and Parking Plan 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. 9. 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. Parking Plan 10. The existing parking supply of 9 parking spaces shall not be reduced. The parking spaces shall be accessible to all patrons of the building. 11. In order to compensate for a lack of required parking on-site, the applicant shall contribute fees to the City's parking improvement fund in lieu of the required one (1) parking space, as set forth in Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900 as set forth by resolution of the City Council. The payment of fees in -lieu of required parking shall be made prior to issuance of the building permit. 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 6 • • Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Precise Development Plan and Parking Plan 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.Flaherty,Pedersen,Rice,Chairperson Hoffman NOES: None ABSTAIN: None ABSENT: Comm.Saemann CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-22 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular II- l • we,,. August 16 2016 4 Petr \ n, Chairman August `s 2016 Date 7 Ken Robertson, Secretary • • • P.C. Resolution 16-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THE 1,275 SQUARE FOOT DISPLAY MOUNTED ON THE SOUTH AND WEST WALLS OF THE CITY -OWNED PARKING STRUCTURE AT 1301 HERMOSA 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 City Council on November 24, 2015, acting in its capacity as owner of the parking structure at 1301 Hermosa Avenue, authorized use of the south and west elevations of said structure by a local nonprofit organization known as the Hermosa Beach Murals Project to mount a 1,275 square foot display. Section 2, The Hermosa Beach Murals Project mounted five photographic images with comprising an aggregate total of 1,275 square feet to the south and west elevations of the City - owned parking structure at 1301 Hermosa Avenue, said images depicting volleyballs and volleyball players in action against beach backgrounds. Section 3. The City's normal practice is for the Planning Commission to make a determination regarding a mural prior to installation, and insofar as an oversight was made and the Planning Commission was not consulted prior to installation, an after -the -face determination is requested. 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 17.50.030 defines a billboard as "any off -premises sign erected for the purpose of identifying a product, event, person or subject not entirely related to the premises on which said sign is located." Section 6. Hermosa Beach Municipal Code Section 17.50.030 defines an off -premises sign as "a sign which is not located on the property which it directs attention to." Section 7. 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. 1 1 • • Section 8. The Planning Commission at its public meeting of July 19, 2016 considered testimony and evidence, both written and oral. Section 9. 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 10. 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, but does not meet the definition of a billboard nor an off -premises sign, all 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, while the business on the premises is the hourly rental of public parking spaces. 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. c. The representation of products in the mural is incidental and does not detract from the primarily artistic quality of the mural. • 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 nearby City beach has played in advancing the sport of professional volleyball, an activity closely associated with the history and culture of the City. Due to its proximity and orientation to the beach, the high profile location of the mural in a highly used public space, and the large scale and massing of the public parking structure upon which the mural is sited, the additional area, height, type of style of the mural display are warranted. 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. 2 9 • VOTE: AYES: NOES: ABSTAIN: ABSENT: Comms.Pedersen,Rice,Saemann, None None Comm.Flaherty,Chmn.Hoffman CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-21 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular me- ing of July 19, 2016. 1.1►.I Peter . an, Chairman July 19, 2016 Date 3 • • • P.C. RESOLUTION 16-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW ON -SALE BEER AND WINE SERVICE AND CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTAURANT, HERMOSA PUB (FORMERLY BIG MIKE'S PHILLY CHEESE STEAKS) UNTIL 11:00 P.M. DAILY AT 1314 HERMOSA AVENUE; AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; LEGALLY DESCRIBED AS LOTS 8 and 9 BLOCK 34, FIRST 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 Chris Runowicz, of Hermosa Philly Grill, LLC (doing business as Hermosa Pub), seeking approval of a Conditional Use Permit to allow on -sale beer and wine service and consumption in conjunction with an existing restaurant use, (formerly Big Mike's Philly Cheese Steaks), until 11:00 P.M. daily at 1314 Hermosa Avenue. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Conditional Use Permit 16-3 on July 19, 2016, 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 Restricted Commercial 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. 2. The applicant proposes to allow on -sale beer and wine service and consumption in conjunction with an existing restaurant use, doing business as Hermosa Pub (formerly Big Mike's Philly Cheese Steaks), until 11:00 P.M. daily at 1314 Hermosa Avenue. Section 4. Based on the foregoing, the Planning Commission makes the following findings for a Conditional Use Permit requesting on -sale beer and wine service, pursuant to H.B.M.C. Section 17.40.020, and incorporating the conditions set forth in Section 17.40.080, will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential uses: The subject site is located on Hermosa Avenue in the C-2 Restricted Commercial zone, is surrounded by C-2 Restricted Commercial zones to the 1 • • • north, east, south and west, and is approximately 75 feet from the nearest residential use, which is a legal non -conforming residential use located at 1331 Manhattan Avenue. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: There are four parking spaces provided on-site which are accessed from Palm Drive. The existing restaurant use is legally non -conforming to parking. The proposed modifications will continue the existing restaurant use while maintaining an occupant load of less than 49 persons; therefore, parking will not be affected. C. Location of and distance to churches, schools, hospitals and public playgrounds: Noble Park is the nearest sensitive receptor and is located approximately 460 feet from the project site. The proposed modifications are not likely to affect Noble Park, or other parks or similar uses in the vicinity due to distance and peak periods differing from sensitive receptors. There are no nearby churches, schools or hospitals. Therefore, impacts to these sensitive uses are not anticipated. D. The combination of uses proposed: The restaurant use, with existing on -sale beer and wine until 10:00 P.M. daily will continue, with the extension of on -sale beer and wine service and consumption in conjunction with an existing restaurant until 11:00 p.m. daily. The proposed project is located in 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 additional one hour of service is consistent with the existing combination of existing uses. E. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: The existing use has operated compatibly. The Hermosa Beach Police Department and Fire Department have expressed no concerns about the proposal. Therefore, no special precautions are needed. F. The relationship of the proposed business -generated traffic volume and the size of streets serving the area: The restaurant use has been established at this location since 1995. The applicant's proposal to increase operating hours to 11:00 P.M. daily will not affect existing streets or impact traffic volume as the operating times are staggered with surrounding commercial uses. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: Plans submitted to the Community Development Department do not indicate modifications to signage or exterior decor of the existing restaurant establishment. H. The number of similar establishments or uses within close proximity to the proposed establishment: There are nine nearby establishments with on -sale alcohol licenses varying from beer and wine to full/general alcohol. There are six existing late-night alcohol beverage establishments and three existing establishments which close no later than 11:00 P.M. The applicant's proposal to increase operating hours will not increase the number of late-night 2 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 Brat & Brau 1342 Hermosa Ave. 41 - On -Sale Beer and Wine - Eating Place 8am- l 1pm Daily Pedones Pizza 1332 Hermosa Ave. 41 - On -Sale Beer And Wine - Eating Place 8am-11pm Sun-Thurs, 8am- 12am Fri -Sat Underground Pub & Grill 1332 Hermosa Ave. 47 - On -Sale General Eating Place lam -Midnight Daily (Closed at lam on New Year's Eve) Standing Room The 1320 Hermosa Ave. 47 - On -Sale General Eating Place lam -lam Daily Abigaile 1301 Manhattan Ave. 75 - On -Sale General Brew -Pub 7am-2am Daily Dia de Campo 1238 Hermosa Ave. 47 - On -Sale General Eating Place 8am-11pm Sun - Tues, 8am- midnight Wed, 12:30am day following Thurs., Sam -lam day following Fri, Sat, Fed & State holidays, Cinco de Mayo & St. Patrick's Hermosa Sushi Bar 1200 Hermosa Ave. 47 - On -Sale General Eating Place 6:30am-2am Daily Steak and Whisky 117 Pier Ave. 47 - On -Sale General Eating Place 7am-11pm Daily New Orleans Cajun & Creole Cuisine 140 Pier Ave. 41 - On -Sale Beer And Wine - Eating Place CUP for live entertainment - Close by 10pm daily I. Noise, odor, dust and/or vibration that may be generated by the proposed use: All business operations will be fully contained within the building with no outdoor dining areas proposed. Therefore, noise, odor, dust and/or vibration disturbances are not anticipated. J. Impact of the proposed use to the City's infrastructure, and/or services: The existing restaurant use will be maintained with the new Hermosa Pub restaurant and current infrastructure is capable of handling the unchanged use. No impacts are anticipated from the proposed additional one hour of operation. K Will the establishment contribute to a concentration of similar outlets in the area: The applicant's proposal to increase operating hours 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: During the October 3 • • 27, 2015 City Council meeting, the Council approved CC Resolution 15-7001 sustaining the Planning Commission decision to approve a Parking Plan and Conditional Use Permit for on - sale beer and wine in conjunction with a restaurant, but modifying the Conditions of Approval to allow service of beer and wine until the closing time of 11:00 P.M. daily at 1342 Hermosa Avenue. The applicant is applying for a new Conditional Use Permit to allow for on -sale beer and wine service and consumption until 11:00 P.M. daily in connection with an existing restaurant use, similar to Brat & Brau. 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 Conditional Use Permit 16-3, to allow on -sale beer and wine service and consumption until 11:00 P.M. daily in connection with an existing restaurant use, doing business as Hermosa Pub (formerly Big Mike's Philly Cheese Steaks), at 1314 Hermosa Avenue, subject to the following Conditions of Approval: Conditional Use Permit 1. The use shall be substantially consistent with the applicant's submittal reviewed by the Planning Commission on July 19, 2016 and as required by project conditions. Minor modifications to the floor plan shall be reviewed and may be approved by the Community Development Director. Any substantial deviation to the floor plan or seating arrangement, exterior layout or intensification of use which alters the primary function of the business shall be reviewed and approved by the Planning Commission. 2. The business hours of operation shall be from 10:00 A.M. to 11:00 P.M. daily, at which time all customers shall vacate the premises and the doors shall be locked. Beer and wine sales and consumption must cease by 11:00 P.M. daily. 3. No door shall open over the public right-of-way. 4. Any encroachment into the public right-of-way shall require an encroachment permit and is subject to approval by the Director of Public Works. 5. The provision of alcoholic beverages shall be limited to beer and wine and comply with the following: a. All alcoholic beverages shall be served in non -disposable drink ware. b. No beer or wine shall be provided "to go". c. Signs shall be posted in a conspicuous location warning patrons of the illegality of consuming alcoholic beverages in any public place. 4 • • 6. Signs shall be posted complaint with H.B.M.C. Section 8.48.060 Alcoholic beverages --Warning signs. 7. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 8. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area. 9. If the operation of the establishment poses a risk of harm to persons or property, the Police Chief may direct the presence of a police -approved doorman and/or security personnel to eliminate the problem, at the owner/operator's expense. 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. 10. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 11. The business shall comply in all other aspects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. a. The volume on any audio devices or speakers shall be turned off after 10:00 P.M. each night. 12. Live entertainment (including but not limited to amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds), excluding two acoustic musicians providing background music as allowed by the Municipal Code, and customer dancing is prohibited. Such acoustic musicians shall not be located within ten (10) feet from the facade. 13. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or discharge of any liquids, other than stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. Designation of a mop sink and provision of a grease trap shall be provided as required by the Public Works and Building Division. 14. 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, 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 5 • • 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 monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). 15. The establishment shall not use polystyrene take-out containers, which may or may not be identified with a "No. 6" or "PS" recycle code. 16. A manager who is aware of the conditions of this Conditional Use Permit shall be on premises during business hours. The Conditional Use Permit shall be maintained on the premise in a location where employees can easily read the conditions. 17. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of compliance with water conserving devices shall be provided. 18. The project shall comply with all requirements of the City Building, Fire, and Public Works Departments and maintain conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Coastal Commission, 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). City requirements may include, but not be limited to, designation of a mop sink and installation of a grease interceptor. 19. 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. 20. 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. 21. 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. 6 • • • 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 Conditional Use Permit. The Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of operation or issuance of Building Permit Certificate of Occupancy. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. 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 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 8. 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. AYES: Comms.Flaherty,Saemann,Chmn.Hoffman NOES: Comms.Pedersen,Rice ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-20 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular i\of July 19, 2016. Alie►- Peter (10‘, an, Chairman July 19, 2016 Date 7 • • • P.C. Resolution 16-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP #74035 FOR A TWO -UNIT DETACHED CONDOMINIUM PROJECT AT 1022-1024 7TH STREET, LEGALLY DESCRIBED AS LOT 12, GLORIETTA VILLA 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 May 9, 2016 by the property owner/applicant Salim Kaddorah for development of property located at 1022-1024 7th Street, seeking approval of Conditional Use Permit 16-8, Precise Development Plan 16-10, and Vesting Tentative Parcel Map #74035 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 July 19, 2016, 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 duplex and develop a two -unit detached residential condominium project. 2. The subject property contains approximately 5,194 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. 1 • • • 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 located near the center of the lot facing each other. One guest space to be shared by both units is provided along the west property line adjacent to Unit 2. 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 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. Allowance for the relocated curb cut is consistent with City decisions pertaining to residential development. 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. 2 • • • 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 1 and 2 containing three levels. Parking for each unit is provided by a two -car garage with one shared guest parking space for both units and is accessed via 7th Street. 14. Both Unit 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 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 submitted plans received and reviewed by the Planning Commission at its meeting of July 19, 2016, revised in accordance with the conditions below. The Community 3 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 within three (3) months after recordation of the Final Map. b) Five (5) 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) One shared guest parking space shall remain open and accessible to both units, 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. 4 • • 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 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 5 • 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 other improvements necessary to comply with the Municipal Code and Public Works specifications, shall be filed with the Community Development Department. 6 • 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). 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 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. 7 a) The form of the notification shall be provided by the Planning Division of the Community Development Department. 0 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. 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. 8 • • 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.Flaherty,Pedersen,Rice,Seamann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-19 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 July 19, 2016. July 19, 2016 Date , Chairman 9 obertson, Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • P.C. RESOLUTION 16-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP #72198 FOR A TWO -UNIT CONDOMINIUM PROJECT, AT 910-914 17TH STREET, LEGALLY DESCRIBED AS LOT 21, J M FLOORES SUBDIVISION, 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 HB Real Estate LLC, owner of real property located at 910-91417`" Street, seeking approval of a Tentative Parcel Map No. 72198 for a two - unit condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on June 21, 2016, 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 July 16, 2013, the Planning Commission approved a Conditional Use Permit, Precise Development Plan, and Tentative Parcel Map No. 72198 for a two -unit condominium project. 2. The Tentative Parcel Map has expired on July 16, 2015. Therefore, the applicant must process another application of approval of a Tentative Parcel Map. 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. The map is consistent with applicable general and specific plans; 2. The site is zoned 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. Design of the proposed subdivision is compatible and consistent with applicable elements of the City's General Plan, and is compatible with the immediate environment; 6. The project, as conditioned, will conform to all zoning and condominium laws and criteria and will be compatible with neighboring residential properties; • • 7. 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. 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 dates of expiration. 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-18 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular une 21, 2016. Peter June 21, 2016 , Vice Chairman Date f:\b95\cd\pc\2016\06-21-16 (regular meeting)\910-914 17th street reinstatement of tpm\reso 16-18 final (tpm 72198) • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 P.C. RESOLUTION 16-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP #72199 FOR A TWO -UNIT CONDOMINIUM PROJECT, AT 902-908 17TH STREET, LEGALLY DESCRIBED AS LOT 22, J M FLOORES SUBDIVISION, 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 HB Real Estate LLC, owner of real property located at 902-908 17th Street, seeking approval of a Tentative Parcel Map No. 72199 for a two - unit condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on June 21, 2016, 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 July 16, 2013, the Planning Commission approved a Conditional Use Permit, Precise Development Plan, and Tentative Parcel Map No. 72199 for a two -unit condominium project. 2. The Tentative Parcel Map has expired on July 16, 2015. Therefore, the applicant must process another application of approval of a Tentative Parcel Map. 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. The map is consistent with applicable general and specific plans; 2. The site is zoned 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. Design of the proposed subdivision is compatible and consistent with applicable elements of the City's General Plan, and is compatible with the immediate environment; 6. The project, as conditioned, will conform to all zoning and condominium laws and criteria and will be compatible with neighboring residential properties; • • 7. 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. 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 dates 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-17 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 21, 2016. Peter H June 21, 2016 Vice Chairman Date obertso , ecretary f:\b95\cd\pc\2016\06-21-16 (regular meeting)\902-908 17th street reinstatement of tpm\reso 16-17 final (tpm 72199) P.C. RESOLUTION 16-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF • HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW LIMITED FOOD SERVICE FOR HOTEL GUESTS ONLY ON THE FIRST FLOOR AT AN EXISTING 81 -ROOM HOTEL AT 2515 PACIFIC COAST HIGHWAY; AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. • • Section 1. An application was filed by Pacifica Food and Beverage, Inc. seeking approval for a Parking Plan to allow limited food service for hotel guests only at an existing 81 - room hotel at 2515 Pacific Coast Highway. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Parking Plan 16-3 on June 21, 2016, at which time testimony and evidence, both written and oral, 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 applicant proposes a new limited food service area on the first floor of an existing 81 - room hotel at 2515 Pacific Coast Highway and seeks to exclude the food service area from parking calculations. The two lowest levels of the hotel consist of 71 parking spaces, and the ground level of the hotel consists of a lobby, outdoor garden, and hotel rooms, while the remaining two stories are dedicated to hotel rooms. 2. A Parking Plan is proposed to exclude from parking requirements the proposal to allow limited food service from 5:00 a.m. to 10:00 p.m. daily on the first floor of an existing 81 - room hotel. The existing common area on the first floor of the building will be converted to a food preparation and food service area for use by hotel guests only. 3. The project site is currently zoned C-3 and is located on the southwest corner of Artesia Boulevard and Pacific Coast Highway. Hotel operations are a permitted use in the C-3 zone. The property is designated GC General Commercial in the General Plan. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings for a Parking Plan pursuant to H.B.M.C. Section 17.44.210: 1. Pursuant Section 17.44.210, a parking plan may be approved by the Planning Commission to allow for a reduction in the number of spaces required based on factors such as use of van pools, bicycle and foot traffic, common parking facilities, varied work shifts, valet parking, unique features of the proposed uses, offset peak hours, or other methods of reducing parking demand. 1 • • • 2. Pursuant to Municipal Code 17.44.030(H), hotels with retail, conference rooms, restaurants, and other similar activities are required to calculate parking requirements separately from the hotel use. 3. The project includes conversion of common area space into a food service area for hotel guests only. Current parking on-site is equal to 71 spaces and is compliant with current parking requirements for an 81 -room hotel. 4. The food service area will include a sandwich/salad prep station, panini grill, turbo chef oven (fast food oven), traditional microwave, coffee machines, refrigerator and a counter top workspace. No commercial grade kitchen equipment is proposed. 5. Food service will be offered to guests of the hotel only and will not be open to the public. A condition of approval requiring service of food and beverages to be provided to direct guests of the hotel as well as prohibiting signage and/or advertisement of any food/beverage products sold in the building. As such the project is not anticipated to increase parking demand at the site. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301 (Existing Facilities), as it does not involve any hazardous substances, is compliant with the General Plan and zoning regulations, would not have any significant effects relating to traffic, noise air quality or water quality, and all necessary public service, access and facilities are available. Section 6. Based on the foregoing, the Planning Commission hereby approves Parking Plan 16-3 subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the Planning Commission on June 21, 2016, except as required to comply with these conditions and codes. Minor modifications to the plan may be reviewed and may be approved by the Community Development Director. Minor modifications that do not affect scale, type, location or intensity of uses may be approved by the Community Development Director when not in conflict with the findings or conditions of this permit. 2. Final building plans/construction drawings including site, elevation, floor plan, sections, details, signage, landscaping and irrigation submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. 3. The project shall comply with the requirements of the Building, Fire and Public Works Departments, and the Los Angeles County Health Dept. Operation of the business shall comply with all applicable requirements of the Municipal Code. 4. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance other 2 • • • 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. 5. The Planning Commission may review this Parking Plan 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. 6. The property shall maintain a minimum of 71 parking spaces available to all guests of the hotel at all times. 7. The use and physical layout consisting of a food service area shall be substantially consistent with submitted plans reviewed by the Planning Commission on June 21, 2016, and as required by project conditions. Minor modifications to the floor plan shall be reviewed and may be approved by the Community Development Director. Any substantial deviation shall require review and approval by the Planning Commission. 8. Food and beverage service operations shall be from 6:00 A.M. to 8:00 P.M. daily. 9. Signage or any other form of advertising referencing any food and/or beverage products sold is prohibited. 10. Food and beverage service shall be available only for guests staying at the hotel and shall not be open to the public. 11. Food and beverage service requires proof of stay at the hotel via a hotel room key. Patrons must provide evidence of lodging at the hotel prior to receiving food and beverage service. 12. Cooking equipment shall be substantially consistent with the cooking equipment identified on the plans reviewed by the Planning Commission at its June 21, 2016 hearing. Commercial grade cooking equipment such as a range, oven, fryer, griddle, or any other cooking device capable of preparing restaurant quality meals is prohibited. Minor modifications to the cooking equipment shall be reviewed and approved by the Community Development Director. Any substantial deviation in cooking equipment shall require review and approval by the Planning Commission. 13. The establishment shall not adversely affect the welfare of the residents, and/or establishments nearby. 14. No entertainment, speakers, or televisions are allowed on the exterior of the building, or in the open-air areas. No live entertainment is permitted on-site. 15. The business shall prevent loitering, unruliness and boisterous activities of the patrons on the outdoor patio, outside the business, or in the immediate area. 3 16. If the operation of the establishment poses a risk of harm to persons or property, the Police Chief may direct the presence of a police approved doorman and/or security personnel to eliminate the problem, at the owner/operators expense. If the problem persists the Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of this Parking Plan by the Planning Commission. 17. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 18. The business shall comply in all other aspects with Municipal Code Chapter 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. 19. The practice of washing and rinsing restaurant floor mats, tables, equipment, etc., or discharge of any liquids, other than stormwater, onto the public right-of-way, into the parking lot drain or storm drains, is strictly prohibited. Discharge of liquids or wash water shall be limited to the sanitary sewer. Designation of a mop sink and provision of a grease trap shall be provided as required by the Public Works and Building Division. 20. The establishment shall not use polystyrene take-out containers, which may or may not be identified with a "No. 6" or "PS" recycle code. 21. Exterior and interior water use shall comply with H.B.M.C. Section 8.56. Proof of compliance with water conserving devices shall be provided. • 22. The project shall comply with all requirements of the City Building, Fire, and Public Works Departments and maintain conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Coastal Commission, Los Angeles County Health Department, California Disabled Access Standards (Government Code title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). City requirements may include but not be limited to designation of a mop sink and installation of a grease interceptor. • 23. 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. 24. A sound and light wall barrier shall be constructed and maintained at the end of the driveway at the southwest corner of the property to the satisfaction of the Community Development Director. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of 4 • • 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 Parking Plan. The Parking Plan shall be recorded and proof of recordation shall be submitted to the Community Development Department prior to commencement of operation or issuance of Building Permit Certificate of Occupancy. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. 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. 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 8. 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-16 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular ng of June 21, 2016. an, Chairman June 21, 2016 Date 5 • • • P.C. Resolution 16-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #73940 FOR A TWO -UNIT DETACHED CONDOMINIUM PROJECT AT 1619 GOLDEN AVENUE, LEGALLY DESCRIBED AS LOT 18, ANGELA HEIGHTS 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 March 21, 2016 by the property owner/applicant 1619 Golden, LLC by Dunham Stewart for development of property located at 1619 Golden Avenue, seeking approval of Conditional Use Permit 16-7, Precise Development Plan 16-9, and Vesting Tentative Parcel Map #73940 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 May 17, 2016, 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 single-family residence with detached garage and develop a two -unit detached residential condominium project. 2. The subject property contains approximately 7,485 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. 1 • • • 4. The site is physically suitable for a two -unit detached residential condominium project with Unit 1 containing a basement level with two levels above and Unit 2 containing three levels. Each unit includes a two -car garage accessed from a driveway which runs along the north property line. The Unit 1 garage is located towards the front of the property while the Unit 2 garage is located towards the rear of the lot. One shared guest parking space is provided at the rear of the lot adjacent to the Unit 2 garage. 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 Golden Avenue 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. Allowance for the curb cut extension is consistent with City decisions pertaining to residential development. 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. 2 • • 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 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 containing a basement level with two levels above and Unit 2 containing three levels. Parking for each unit is provided by a two -car garage with one guest space to be shared between units accessed via Golden Avenue. 14. Both Unit 1 and 2 comply with Section 17.14.080 of R -2B Limited 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 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 1,730 square feet, units do not exceed the 30 feet height limit, minimum open space of 300 square feet is met, and the front setback meets the 5' minimum required. 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: 3 • 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 May 17, 2016, 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 within three (3) months after recordation of the Final Map. b) Five (5) 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) The guest parking space shall remain open and accessible to both units, rather than being used for storage or any other purposes, and the CC&Rs shall reflect this condition. 4 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 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 5 • • • 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 - 6 • • • 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. 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. • • • Section S. 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.Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: Comm.Allen CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-15 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular pae of Ma 17, 2016. AAP Peter H • , Chairman Date 9 • • P.C. Resolution 16-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #74186 FOR A TWO -UNIT ATTACHED CONDOMINIUM PROJECT AT 940 15TH STREET, LEGALLY DESCRIBED AS LOT 19, HEFFNER, FIORINI, ALLEN 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 March 23, 2016 by the property owner/applicant Blake Overend for development of property located at 940 15th Street, seeking approval of Conditional Use Permit 16-6, Precise Development Plan 16-8, and Vesting Tentative Parcel Map #74186 for a two -unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on May 17, 2016, 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 single-family residence and develop a two - unit attached residential condominium project. 2. The subject property contains approximately 5,659 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: 1 • • • 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 attached residential condominium project with both units containing three levels. Parking for each unit is provided by a two -car garage located near the center of the lot facing each other. One shared guest space is provided for both units located along the west property line adjacent to Unit 2. 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 15th Street 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. Allowance for the relocated curb cut is consistent with City decisions pertaining to residential development. 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 is 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. 2 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 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 attached residential condominium project with Unit 1 and Unit 2 containing three levels. Parking for each unit is provided by a two -car garage with one shared guest space for both units and is accessed via 15th Street. 14. Both Unit 1 and 2 comply with Section 17.12.080 of R -2B Limited Multiple Family Residential Open Space standards and provide a minimum of 300 square feet of open space per unit. Open space for Unit 1 and Unit 2 is provided on a third level deck and a roof top deck. 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. Lot width exceeds 29 feet, unit sizes exceed 1,600 square feet, does not exceed the 30 feet height limit, minimum open space of 300 square feet is met, and the front setback meets the 5' minimum required. 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 attached condominium project subject to the following Conditions of Approval: 3 • 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 May 17, 2016, 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. g) A minimum of 16 -foot front yard setback shall be provided. 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 within three (3) months after recordation of the Final Map. 4 • • b) Five (5) 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) The shared guest parking space shall remain open and accessible to both units, 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. 5 • • • 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 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. 6 • • • 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. 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). 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 19. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 7 • • • 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 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. 8 • • • 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") 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None 9 • • • CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-14 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 May 17, 2016. Peter —46:0 n, Chairman May 17, 2016 Date 10 en ' o on. Secretary en ' o son, Secretary • RESOLUTION P.C. 16-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO THE MUNICIPAL CODE TO ALLOW PORTABLE A -FRAME SIGNS IN COMMERCIAL ZONING DISTRICTS, 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 as follows: SECTION 1. On August 25, 2015, the City Council of the City of Hermosa Beach directed staff to initiate a code amendment to the Municipal Code to allow portable A -frame signs in commercial zoning districts. SECTION 2. The Planning Commission held a duly noticed public hearing on April 19, 2016 to consider a text amendment to allow portable A -frame signs in commercial zoning districts (TEXT 16-3). SECTION 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304(e), because the project involves a minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. SECTION 4. The Planning Commission hereby recommends City Council approval of • the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: Comms. Allen, Flaherty, Rice, Saemann, Chairperson Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 16-13 is a true and complete record of the taken by the Planning Commission of the City of Hermosa Beach, California, at its eting of April 19, 2016. Peter an, Chairman April 19, 2016 Date • 1 en ' i . ertson, Secretary • Exhibit A ORDINANCE NO. AN ORDINANCE TO ALLOW PORTABLE A -FRAME SIGNS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. The following new definition is added to the list of alphabetical definitions in Section 17.50.030 of Chapter 17.50 of Title 17 of the Hermosa Beach Municipal Code to read as follows: "Portable A -frame sign" means a two-sided sign, hinged or attached at the top of the sign panels, identifying, advertising or directing attention to a business(es) product(s), operation(s) or service(s) sold or offered in the building in front of which the sign is located. • Section 2. Subsection 17.50.080.B.2 of Section 17.50.080 of Chapter 17.50 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: • 2. Mobile signs, excluding portable A -frame signs permitted under Section 17.50.220; Section 3. Section 17.50.130 of Chapter 17.50 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 17.50.130 Sign requirements and regulations in C-2 zone (restricted commercial). Intent: to regulate signs recognizing the characteristics of restricted commercial zone as a pedestrian -oriented shopping and entertainment district, and as the city's downtown district. A. Permitted Signs. In the C-2 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: 1. Business signs; 2 • • • 2. Building identification signs; 3. One real estate sign; 4. One construction sign; 5. Temporary signs; 6. Percent of allowable sign are which may be used for commodity identification: • Commodity equal to less than 10 percent of business...10 percent • Commodity equal to 10 percent to 50 percent of business...25 percent • Commodity equal to more than 50 percent of business...75 percent • Commodity identification for beverages sold by restaurants and markets...10 percent 7. Portable A -frame signs, as set forth in Section 17.50.220. B. Styles of Signs. Only the following styles of signs shall permitted per business: 1. One wall sign; 2. One ground sign per site; 3. One awning sign; 4. Projecting sign (business identification only); 5. One marquee sign; 6. Window sign(s); 7. Banners; 8. Mural. (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style. 9. Portable A -frame signs, as set forth in Section 17.50.220. 3 These signs may be electrical, illuminated or neon. • C. Projection, Height and Location. • • 1. A single, nonilluminated projecting business identification sign for each business is permitted and may be hung from a wall projection or marquee over an entry way, provided the sign does not exceed a total area of four square feet per face and provided it shall be at least eight feet above the sidewalk and may not project outward more than three feet. 2. Walls signs shall not project more than six inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. 3. All ground signs, with the exception of Portable A -frame signs, shall be located entirely on private property and cannot project over public property, and shall not exceed ten feet from grade to the highest portion of the sign body, with the exception of Portable A -frame signs, as set forth in Section 17.50.220,. No ground sign shall be allowed in the C-2 zone that is greater than eight feet in height, measured from the grade to the highest point of said sign, with the exception of Portable A -frame signs, as set forth in Section 17.50.220. D. Allowable Sign Area. 1. Total permanent sign area shall not exceed two square feet for each foot of lineal building frontage; provided however, that a minimum of twenty (20) square feet shall be allowed. Double-faced sign area shall be calculated by counting one side and one-half of the other side. 2. Where there is more than one business or entity located on any one site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. 3. Where a business or entity is abutted by more than one street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/ pedestrian use, which entrance is 4 • fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. 4. No sign shall cover more than twenty-five (25) percent of the wall or facia it occupies or is placed upon. 5. Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one such building side may be considered building frontage. 6. Allowable sign area for portable A -frame signs shall be as set forth in Section 17.50.220. Exception. On each street frontage one real estate sign not exceeding twenty-five (25) square feet in sign area and one construction sign not exceeding twenty-five (25) square feet in sign area may be erected in addition to the allowable sign area on any one site or entity. E. Window Signs. Window signs shall be allowed in this zone and shall be counted in • the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). • F. Signs Above the First Story. Signs for businesses located above the first story may be provided, but shall be part of the total sign area allocation for the corresponding building frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the adjacent street grade, or the uppermost portion of the second story, whichever is higher. G. Pole signs. Pole signs shall not be permitted in a C-2 zone. Section 4. Section 17.50.140 of Chapter 17.50 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: 17.50.140 Sign requirements and regulations in C-3 zone (general and highway commercial). 5 • • • Intent: to regulate signs recognizing the characteristics of the general commercial zone as an automobile oriented strip commercial district. A. Permitted Signs. In the C-3 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: 1. Business signs; 2. Building identification signs; 3. One real estate sign; 4. One construction sign; 5. Temporary sign(s); 6. Percent of allowable sign area which may be used for commodity identification: • Commodity equal to less than 10 percent of business...10 percent • Commodity equal to 10 percent to 50 percent of business...25 percent • Commodity equal to more than 50 percent of business...75 percent • Commodity identification for beverages sold by restaurants and markets...10 percent 7. Portable A -frame signs, as set forth in Section 17.50.220. B. Styles of Signs. Only the following styles of signs shall be permitted per business. 1. One wall sign; 2. One ground sign, or one pole sign per site; 3. One awning sign; 4. One marquee sign; 5. Window sign(s); • 6. Banners; 7. Mural. (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style.) 8. Portable A -frame signs, as set forth in Section 17.50.220. These signs may be electrical, illuminated or neon, with the exception of Portable A - frame signs, as set forth in Section 17.50.220,. C. Projection and Height. 1. Wall signs shall not project more than six inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. 2. All ground signs shall be located entirely on private property and cannot project over public property, and shall not exceed ten feet from grade to the highest portion of the sign body with the exception of Portable A -frame signs, as set forth in Section 17.50.220,. • D. Allowable Sign Area. 1. Total permanent sign area shall not exceed three square feet for each foot of lineal building frontage. Both sides of a double -face sign shall be calculated when determining sign area. • 2. Where there is more than one business or entity located on any one site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. 3. Where a business or entity is abutted by more than one street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/ pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. 7 • • • 4. No sign shall cover more than twenty-five (25) percent of the wall or facia it occupies or is placed upon. 5. Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one such building side may be considered building frontage. 6. Allowable sign area for portable A -frame signs shall be as set forth in Section 17.50.220. E. Window Signs. Window signs shall be allowed in this zone and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). F. Signs Above the First Story. Signs for businesses located above the first story may be provided, but shall be part of the total sign area allocation for the corresponding building frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the adjacent street grade, or the uppermost portion of the second story, whichever is higher. G. Pole Signs. pole signs are permitted but shall not exceed the height of the building on the same lot, or twenty (20) feet in height measured from existing grade, whichever is lesser, and no part of the sign shall encroach or project within five feet of any adjacent private property, or, encroach or project into the public right-of-way. To qualify for a pole sign, the site must have at least forty (40) feet of street frontage. No pole sign may have more than one sign can attached to it and all pole signs shall incorporate a raised landscaped planter. Section 5. A new Section 17.50.220 is added to Chapter 17.50 of Title 17 of the Hermosa Beach Municipal Code to read as follows: 17.50.220 Portable A -frame signs. A, Application. 1. A temporary sign permit under Section 17.50.210 and a corresponding application fee in an amount set by City Council resolution shall be required for all 8 portable A -frame signs. The temporary sign permit for an A -frame sign shall be valid for a period of up to 12 months. In addition, an encroachment permit under Chapter 12.16 • shall be required for all portable A -frame signs located within a public right-of-way. 2. Prior to the placement of a portable A -frame sign within a public right-of-way, the business placing the sign shall provide verification of an insurance rider with the City of Hermosa Beach in the amount of $1,000,000 to the satisfaction of the Community Development Director. 3. Authorized portable A -frame signs that meet the requirements of this Section shall have affixed a tag issued by the Community Development Department documenting the authorized status of the sign. Unauthorized signs may be removed without notice and shall be returned to the owner upon compliance with the requirements in this Section. B. Design and construction. Notwithstanding the provisions for temporary signs in Section 17.50.210, Portable A -frame signs shall: 1. Be a minimum of 28 inches tall and minimum 18 inches wide, a maximum of 42 inches tall and maximum 24 inches wide, and a minimum and maximum base spread of 24 to 30 inches; 2. Consist of sturdy materials appropriate to the outdoor environment, be designed to withstand wind to the satisfaction of the Community Development Director or designee and have a locking arm or other device to stabilize the structure; 3. Contain information and advertising for the business placing the sign only and shall not contain any endorsement or logos for any other businesses. 4. Have a professionally designed appearance and shall not include: animation, digital design, internal illumination, use of reflective materials or other materials creating excessive glare, use of attachments, use of audio effects, or use or projections upon the sign; and 5. Not impede sidewalk access for the disabled as required under Chapter 11 of the California Building Code governing compliance with the ADA (Americans with Disability Act). C. Location. 1. Portable A -frame signs shall be allowed on private property and/or within the public right-of-way on sidewalks along commercial frontages except Pier Plaza, and shall be located abutting the building, or abutting the curb of the street, or abutting a landscape planter which is located between the curb and the sidewalk, and shall be 9 • • located within the building street frontage of the business. A minimum sidewalk clearance of five feet shall be maintained for pedestrian passage. 2. A maximum of one portable A -frame sign shall be allowed per business. Portable A -frame signs shall be spaced a minimum of 15 feet from all other permitted portable A -frame signs. The total number of such signs on one parcel or for one shopping center shall not exceed one sign per 25 lineal feet of street frontage where buildings are within 2 feet of the sidewalk, one per 50 lineal feet of street frontage where buildings are not within 2 feet of the sidewalk, or one per 4 businesses, whichever is less. 3. Portable A -frame signs shall comply with Section 17.46.060 Vision clearance — corner lots. 4. No portion of a portable A -frame signs shall be located within a landscape planter, and no portion shall block building entrances/exits, parking spaces or traffic lanes, or impede access to benches, bicycle racks, mail boxes, fire hydrants garbage bins, utility poles or other permanent street furnishings and appurtenances. 5. Portable A -frame signs shall be displayed only during the hours of operation of the business being advertised, but in no case later than 10:00 p.m. or earlier than 4:00 a.m. PASSED, APPROVED AND ADOPTED this day of , 2016. Attest: City Clerk MAYOR 10 • • • RESOLUTION P.C. 16-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO MUNICIPAL CODE TITLE 1 AND TITLE 17 TO EXPRESSLY PROHIBIT SHORT-TERM VACATION RENTALS IN RESIDENTIAL ZONING DISTRICTS, 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 as follows: SECTION 1. On March 15, 2016, the Planning Commission of the City of Hermosa Beach directed staff to initiate a code amendment to the Municipal Code to expressly prohibit short-term vacation rentals in residential zoning districts. SECTION 2. The Planning Commission held a duly noticed public hearing on April 19, 2016 to consider a text amendment to expressly prohibit short-term vacation rentals in residential zoning districts. (TEXT 16-2). SECTION 3. 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. SECTION 4. The Planning Commission hereby recommends City Council approval of the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: Comms.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 16-10 is a true and complete record of the a . en by the Planning Commission of the City of Hermosa : each, California, at its of April 19, 2016. egular Peter hairman April 19, 2016 Date 1 R...irtson, Secretary t. • • • Exhibit A ORDINANCE NO. AN ORDINANCE RELATING TO RENTAL OF RESIDENTIAL PROPERTIES FOR FEWER THAN THIRTY DAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. The following new definition is added to the list of alphabetical definitions in Section 17.04.040 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code to read as follows: "Advertisement" means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website or application, or any other form. Section 2. Title 17, Chapter 17.08 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.08.025 to read as follows: 17.08.025 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 3. Title 17, Chapter 17.10 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.10.015 to read as follows: 17.10.015 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 4. Title 17, Chapter 17.12 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.12.015 to read as follows: 2 • 17.12.015 Short term rentals prohibited. • It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 5. Title 17, Chapter 17.14 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.14.015 to read as follows: 17.14.015 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for Tess than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 6. Title 17, Chapter 17.16 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.16.015 to read as follows: 17.16.015 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for Tess than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for Tess than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 7. Title 17, Chapter 17.18 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.18.025 to read as follows: 17.18.025 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for Tess than thirty consecutive days. It shall be unlawful for any person to 3 • occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 8. Title 17, Chapter 17.20 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new section 17.20.015 to read as follows: 17.20.015 Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. Section 9. A new Section 17.42.180 is added to Chapter 17.42 or Title 17 of the Hermosa Beach Municipal Code to read as follows: 17.42.180 Advertising of short term rentals prohibited. No person or entity shall maintain any advertisement of a rental prohibited under • Sections 17.08.025, 17.10.015, 17.12.015, 17.14.015, 17.16.015, 17.18.025 and 17.20.015. Section 10. Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa Beach Municipal Code is amended as follows: a. Paragraph 12 is amended to read as follows: 12. Title 17: Zoning, except sections 17.08.025, 17.10.015, 17.12.015, 17.14.015, 17.16.015, 17.18.025, 17.20.015 and 17.42.180. PASSED, APPROVED AND ADOPTED this day of , 2016. Attest: City Clerk • MAYOR 4 r P.C. RESOLUTION NO. 16-9 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA, BEACH, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT AMENDMENT FOR ON -SALE GENERAL ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON -SALE BEER AND WINE, LIVE ENTERTAINMENT AND OUTDOOR SEATING, AS AMENDED AT 1139-1141 AVIATION BOULEVARD, "SUZY'S BAR AND GRILL," LEGALLY DESCRIBED AS PART OF LOT 7, BLOCK 88 OF SECOND ADDITION TO HERMOSA BEACH, HERMOSA 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 Suzy's Bar and Grill, 1139-1141 Aviation Boulevard, seeking approval of, and amendment to, a Conditional Use Permit by changing from beer and wine to on - sale general alcoholic beverage. No other changes are proposed. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for Conditional Use Permit Amendment 16-1 on April 19, 2016 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 factual findings: 1. The site is located at 1139-1141 Aviation Boulevard, within the City of Hermosa Beach and is zoned C-3, which allows on -sale general alcoholic beverages with approval of a Conditional Use Permit. 2. The existing restaurant with beer and wine, live entertainment, and outside seating is operating under Conditional Use Permit Nos. 97-72 and 12-18. 3. The existing Parking Plan allows less than required parking under the consolidated parking rate in shopping centers exceeding 10,000 square feet. 4. Authorized hours of operation under existing Conditional Use Permits are 7:00 a.m. to 12:00 a.m. Sunday through Thursday, 7:00 a.m. to 1:00 a.m. Friday and Saturday and outside seating is limited to 7:00 a.m. to 10:00 p.m. daily. There are no proposed changes to the hours of operation. 5. There are currently two establishments with beer and wine licenses within the shopping center. One establishment closes at 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday Saturday (Gu Gu Sushi), and one establishment closes at 12:00 a.m. daily (Akbar Indian Cuisine). 6. The establishment is currently authorized to have a total of 54 seats inside and 8 outdoor seats. The approved occupant load is 68 interior and 8 on the outdoor patio. The applicant proposes to retain this arrangement. 7. Adjoining neighbors previously submitted correspondence opposing the change to general alcohol on the basis of late night noise from music, including leaving the doors open, noise associated with use of the outdoor patio, motorcycles revving in the parking lot, use of alcohol, 1 r • • and traffic and disturbances in the parking lot. Correspondence was received expressing concern about noise from music, including leaving the doors open and disturbances in the parking lot. 8. The Interim Police Chief previously reported that between May 2010 and May 2012 there were no relevant police problems regarding the business and that no significant problems had occurred at the establishment over the past two years. The Interim Police Chief was concerned over incremental intensifications and adverse impacts. The Police Chief reported on March 29, 2016 that they have not had issues of any significance with Suzy's in the past couple of years. 9. No conflicts among the uses in the shopping center have been reported. 10. There will not be in increase to the number of late-night alcohol beverage establishments with the request for a CUP amendment. In 2012 there were 41 late-night alcohol beverage establishments identified citywide. Suzy's Bar and Grill was included as one of the existing late-night alcohol beverage establishments. 11. The establishment has not fully complied with all conditions of approval designed to mitigate adverse impacts to surrounding uses. Conditions 14 and 16 of P.C. Resolution 97-72 required the exterior glass windows to be equipped with double -pane glass or a comparable substitute with sound dampening properties. Two windows along the building frontage remain single -pane. The applicant has not proposed any changes to the existing floor plan or building. Section 4. Based on the foregoing factual findings the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit Amendment pursuant to Section 17.40.020 and Section 17.40.080.B.2 of the Municipal Code: • The proposed use may negatively impact residential and other uses in the surrounding area. Expansion of service from beer and wine only to general alcohol could lead to an increase of intoxication of customers and resulting noise, disorderly behavior and disturbances, need for increased police services at the establishment, and impacts on nearby residences. Nearby neighbors previously submitted correspondence opposing the change to general alcohol on the basis of late night noise from music, including leaving the doors open, use of the outdoor patio, motorcycles revving and disturbances in the parking lot. Correspondence was received expressing concern about noise from music, including leaving the doors open and disturbances in the parking lot. • The applicant has not proposed precautions to increase land use compatibility. The business site is not in total compliance with existing CUP conditions requiring installation of sound dampening windows. • Code provisions were created to reduce impacts in areas where there was a proliferation of alcohol serving uses and land use impacts associated with these uses, and to also prevent impacts from being created in areas that were not inundated with late-night alcohol serving uses. While this business is not on lower Pier, the Code against intensification applies citywide and there have been no exceptions made for establishments in other parts of the City. • The Council has created a program for allowing intensifications in return to voluntary reduction in hours. However, the applicant has not proposed such a trade. • The proposal conflicts with Municipal Code Section 17.40.080(B) which provides objectives and criteria to reduce the potential for adverse impacts associated with late-night alcohol beverage 2 • • • establishments. The proposed use may intensify alcohol use and de-emphasize restaurant use, possibly resulting in adverse impacts. There are two other restaurants with beer and wine in the shopping center, and any request to convert to general alcohol would require a CUP amendment. Following a history of repeated alcohol-related disturbances in the City, the City Council has expressed concern over the incremental intensification of alcoholic beverage establishments in the City, in terms of number of establishments, number of people at these establishments, geographic concentration, and other changes that emphasize bar/nightclub activity or may contribute to noise, disturbances and other land use incompatibilities. • While police reports at the establishment have decreased, a CUP runs with the land and there is no guarantee that this operator will always operate the business. Future changes in the business plan or owner/management could result in poor management and an increase in adverse impacts. Section 5. Based on the foregoing, the Planning Commission hereby denies the request for Conditional Use Permit Amendment 16-1. Section 6. Pursuant to Section 15270 of the `Guidelines for Implementation of the California Environmental Quality Act (CEQA), Title 14 of the California Code of Regulations, the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-9 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 April 19, April 19, 2016 Date 3 rtson, Secretary • • P.C. Resolution 16-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #74120 FOR A TWO -UNIT DETACHED CONDOMINIUM PROJECT AT 600 10TH STREET, LEGALLY DESCRIBED AS LOT 5, BLOCK 78, SECOND 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 February 22, 2016 by the property owner/applicant Garrett Stearns for development of property located at 600 10th Street, seeking approval of Conditional Use Permit 16-5, Precise Development Plan 16-5, and Vesting Tentative Parcel Map #74120 for a two -unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on April 19, 2016, 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 single-family residence with detached garage and develop a two -unit attached residential condominium project. 2. The subject property contains approximately 4,122 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 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. 1 • • 4. The site is physically suitable for a two -unit attached residential condominium project with both units containing three levels. Parking for each unit is provided by a two -car garage located near the center of the lot facing each other. One guest space is provided for each unit located along the west property line adjacent to the designated unit. 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 Ardmore Avenue 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. Allowance for the relocated curb cut is consistent with City decisions pertaining to residential development. 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-2 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. 2 • • 12. The proposal is consistent with the General Plan High 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 Units 1 and 2 containing three levels. Parking for each unit is provided by a two -car garage with one guest space per unit and is accessed via Ardmore Avenue. 14. Both Unit 1 and 2 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. Open space for Unit 1 and Unit 2 is provided on a third level deck. 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. Lot width exceeds 29 feet, unit sizes exceed 1,600 square feet, does not exceed the 30 feet height limit, minimum open space of 300 square feet is met, and the front setback meets the 5' minimum required. 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 submitted plans received and reviewed by the Planning Commission at its meeting of April 19, 2016, revised in accordance with the conditions below. The Community 3 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). 1) 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 within three (3) months after recordation of the Final Map. b) Six (6) 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) Guest parking spaces 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. 4 • • • 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 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 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 5 • • 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 other improvements necessary to comply with the Municipal Code and Public Works specifications, shall be filed with the Community Development Department. 6 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). 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 • 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. 7 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. 29. Applicant to work with staff to increase articulation and aesthetics of east elevation finishes and materials. 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. 8 • • • 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.Allen,Flaherty,Rice,Saemann,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-8 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular i. - ; 'n• of April 19, 2016. sI� Peter an, Chairman April 19, 2016 Date 9 en Robertson, Secretary • • • P.C. RESOLUTION 16-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #73564 FOR A TWO -UNIT DETACHED CONDOMINIUM PROJECT AT 715 2ND STREET, LEGALLY DESCRIBED AS LOT 86, WALTER RANSOM CO'S VENABLE PLACE, 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 September 21, 2015 by the property owner/applicant Michael and Christy Root for development of property located at 715 2nd Street, seeking approval of Conditional Use Permit 15-11, Precise Development Plan 15-14, and Vesting Tentative Parcel Map #73564 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 February 16, 2016, 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 single-family residence garage and develop a two -unit detached residential condominium project. 2. The subject property contains approximately 4,598 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 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 both units containing three levels. Parking for each unit is provided by a two -car garage located near the center of the lot facing each other. One (1) guest parking space, to be shared by Units A and B, is located to the northwest of the lot and adjacent to Unit 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 2nd Street 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. Allowance for the relocated curb cut is consistent with City decisions pertaining to residential development. 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-2 zone and condominium ordinance. 2 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-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 detached residential condominium project with Units A and B containing three levels. Parking for each unit is provided by a two -car garagewith a shared guest space for both units and is accessed via 2nd Street. 14. Both Unit 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. Open space for Unit A and Unit B is provided on a third level deck and a roof deck. 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. Lot width exceeds 29 feet, unit sizes exceed 1,600 square feet, does not exceed the 30 feet height limit, and the front setback meets the 5' minimum required. Open space is located on third level decks and on roof decks for both units. 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: 3 • 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 February 16, 2016, 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). 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 within three (3) months after recordation of the Final Map. b) Five (5) 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) Guest parking space shall remain open and accessible to guests of both units, rather than being used for storage or any other purposes, and the CC&Rs shall reflect this condition. 4 • 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(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 5 • • • 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. 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 - 6 • • • 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. 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). 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 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 for three units 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. 7 • • • 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. 8 • • 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.Allen,Flaherty,Rice,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-7 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular ebruary 16, 2016. Pet an, Vice Chair February 16, 2016 1110 Date 9 en Ro . ertson, Secretary • • P.C. Resolution 16-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #73739 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 637 7TH STREET, LEGALLY DESCRIBED AS A PORTION OF LOT 2, ALL OF LOT 3, DR DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140, CITY OF HERMOSA BEACH, CALIFORNIA; 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 21, 2015 by the property owner/applicant 637 7th Street, LLC for development of property located at 637 7th Street, seeking approval of Conditional Use Permit 16-3, Precise Development Plan 16-3, and Vesting Tentative Parcel Map #73739 for a two -unit attached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on February 16, 2016, 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 duplex, and develop a two -unit detached residential condominium project. 2. The subject property contains approximately 4,872 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 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 attached residential condominium project with both units containing three levels. Parking for each unit is provided by a two -car garage with Unit A fronting 7th Street and Unit B located in the center of the lot. Two guest spaces are located in tandem with the garage for Unit A, one guest space adjacent to the garage for Unit A, and one guest space in the northwest corner of the property. 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. 6. The property is accessed via 7th Street 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 pattern and not 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 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. 2 • • 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 Units A and B containing three levels. Parking for each unit is provided by a two -car garage accessed via 7th Street. 14. Both Unit 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. Lot width exceeds 29 feet, unit sizes exceed 1,400 square feet, does not exceed the 30 feet height limit, and the front setback meets the 5' minimum required. Decks and outdoor gathering areas are predominantly located on the second and third story and roof. 18. All utilities will be placed underground, integrated into the design, separately metered and independently provided in each unit. Storm water 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 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 February 16, 2016, revised in accordance with the conditions below. The Community 3 Development Director may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code or requirements of this approval. a. If feasible the new curb cuts should be revised to not eliminate any on -street parking. 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). • 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 within three (3) months after recordation of the Final Map. b) Four (4) guest parking spaces shall be maintained on-site. The guest space located adjacent to the garage for Unit A shall be available to both units. 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 • • • 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 down cast, 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 thirty 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 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. 5 • 8. 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. 9. 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. 10. 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 11. Prior to issuance of a Building Permit, an approved civil engineering plan prepared by a licensed civil engineer, and approved by the Public Works Director, addressing grading, undergrounding of all utilities, sidewalk, curb and gutter improvements, onsite and offsite 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. 12. 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 an Encroachment Permit has been approved by the Public Works Department. 13. A plan for urban and storm water runoff controls approved by Public Works Department shall be set forth on the construction plans in accordance with Chapter 8.44 and Section 8.44.090, and the applicant shall at all times comply with the required best management practices. 14. Sewer flow rate for upstream and downstream manhole must be submitted prior to grading and plan check. 6 15. Sewer lateral video must be submitted with plan check submittal. Sewer lateral • work may be required after review of the sewer lateral video. • • 16. Sewer main work may be required after review of sewer lateral video. 17. The project must comply with Low Impact Development Standards listed in the Stormwater and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44.095). Calculations and documents are required at time of grading and plan check. Final Map and Certificate of Occupancy 18. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 19. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park and Recreation Area Dedication fees for three units in lieu of onsite parkland dedication pursuant to Chapter 16.12. 20. 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 21. 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. 22. 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. 23. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 24. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street, 7 • • • 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") 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 8 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.Allen,Flaherty,Rice,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-6 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular of February 16, 2016. &if I Peter Hof n•, Vice Chairman February 16, 2016 Date • / Ken : . .ertson, Secretary • • P.C. RESOLUTION 16-5 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 NO. 73931 FOR A THREE -UNIT ATTACHED RESIDENTIAL CONDOMINIUM PROJECT AT 501 11TH STREET, LEGALLY DESCRIBED AS LOT 13 OF KNUDSON TRACT IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 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 21, 2015 by property owner/applicant Dennis Cleland on behalf of 501 11th St HB, LLC for development of property located at 501 11th Street, seeking approval of Conditional Use Permit 16-2, Precise Development Plan 16-2, and Vesting Tentative Parcel Map #73931 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 February 16, 2016, 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 an existing single-family residence and develop a three -unit attached residential condominium project. 2. The subject property contains approximately 5,017 square feet of land area, 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: 1 • 3. The proposal is consistent with the General Plan High Density Residential designation and R-3 zoning designation 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 Units 1, 2, and 3 containing three levels. Each unit provides a two -car garage fronting on Cypress Avenue. The three driveways fronting Cypress Avenue provide a total of six (6) guest parking spaces in tandem with the garages. Two guest parking spaces shall be designated per unit. There is currently no street parking along Cypress Avenue. Therefore, there will be no loss in street parking with the proposed project. 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 surface 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 on-site subsurface infiltration system as required by Section 8.44.095 subject to maintenance agreements. 6. The property is accessed via Cypress Avenue with garages and guest parking fronting on Cypress Avenue. The pedestrian entrance to Unit 3 fronts on 11th Street while entrances to Units 1 and 2 take access from the east side yard. The proposed project does not exhibit dedicated public easements; therefore, proposed improvements will not create conflicts with easements. 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. Allowance for the curb cuts is consistent with City decisions pertaining to residential development. 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. 2 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 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 zoning designation 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. 14. Access to parking for Units 1, 2, and 3 is provided from Cypress Avenue via two new curb cuts. The driveway leading to the Unit 1 and 2 garages is 40'2" wide and 17'2" deep while the driveway leading to the Unit 3 garage is 20'4" wide and 17'2" deep. Each driveway fronting Cypress Avenue provides for two (2) guest parking spaces in -tandem with the two - car garages. Two guest parking spaces shall be designated per Unit. There is currently no street parking along Cypress Avenue. 15. Unit 1 contains 2,227 square feet of habitable area, Unit 2 contains 2,241 square feet of habitable area, and Unit 3 contains 2,226 square feet of habitable area. The total area for Units 1, 2, and 3 including garages and deck/balcony areas is 2,999 square feet for Unit 1, 3,013 square feet for Unit 2, and 3,021 square feet for Unit 3. 16. All three units comply with Section 17.16.080 and provide a minimum of 300 square feet of open space per unit. Open space for Units 1, 2, and 3 is provided on large third floor decks extending from the primary living areas, on second floor decks extending from the master bedrooms and on grade. 17. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, 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. 18. 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 on-site 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. 19. 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 3 • • conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,400 square feet, the 30 foot height limit is met, and the proposed setback of 10 feet exceeds the 5 foot minimum required. Decks and outdoor gathering areas are predominantly located on the second and third stories. 20. All utilities will be placed underground, integrated into the design, separately metered and independently provided in each unit. Storm water 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 8.60.070(B)(7), 15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070. 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 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 February 16, 2016, 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) No plumbing fixtures shall be located in a common wall between two individual units. • • • g) 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 within three (3) months after recordation of the Final Map. b) Twelve (12) 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) Six (6) guest parking spaces shall be provided on the driveways in tandem with each garage fronting on Cypress Avenue. Two guest parking spaces shall be designated for each associated unit. 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 8.44.095 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(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. 5 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 on-site or off-site 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 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. 6 • 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 plan 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. 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. 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). Implement required Low Impact Development 7 • • 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 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 for three units in lieu of on-site park land 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 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 Parcel Map shall be recorded, and proof of 8 • • 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 Parcel 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 Parcel 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. 9 • • r 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.Allen,Flaherty,Rice,Vice Chair Hoffman NOES: None ABSTAIN: Comm.Saemann ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-5 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular me- ' s _ of February 16, 2016. Peter H Vice Chairman February 16, 2016 Date 10 en i .. . ertson, Secretary • RESOLUTION NO. 16-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA RECOMMENDING AMENDING SECTIONS 17.42.110, 17.26.030, AND 17.28.020 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY A QUALIFIED PATIENT OR PRIMARY CAREGIVER. Section 1. Due to recent State legislation and recommendations from the City Attorney and Police Chief, staff has initiated this text amendment to expressly prohibit all commercial medical marijuana uses in the City and prohibit cultivation for medical use by qualified patients and primary caregivers by amending sections 17.42.110, 17.26.030 and 17.28.020 of the Hermosa Beach Municipal Code (the Project). Section 2. The Project was reviewed by the City's Community Development Department for consistency with the General Plan and conformity with the Hermosa Beach Municipal Code, among other things. Section 3. The Project has been reviewed in accordance with the California Environmental Quality Act (15061(b)(3), and it has been determined that the proposed project would not have a significant effect on the environment because it is clarifying existing law that medical marijuana activities are prohibited under the HBMC. • Section 4. On January 19, 2016, the Planning Commission held a duly noticed public hearing and accepted public testimony. • Section 5. The Planning Commission considered the information provided by City staff, public testimony and other evidence regarding the proposed Text Amendment. This Resolution, and its findings, are based upon the evidence presented to the Commission at its January 19, 2016 hearing, including, without limitation, the staff report. Section 6. The Planning Commission does hereby find and declare as follows: A. On October 9, 2015, Governor Brown signed three bills into law — Assembly Bills 266 and 243, and Senate Bill 643 — collectively referred to as the Medical Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA becomes effective on January 1, 2016 and contains provisions that govern the cultivating, processing, transporting, testing, and distributing of medical marijuana to qualified patients. B. The MMRSA states that if a city or county has not adopted land use regulations by March 1, 2016, to either regulate or ban cultivation of marijuana for medicinal purposes, the State will be the sole authority that issues cultivation licenses in that jurisdiction, meaning no local license will be required. C. As explained in the staff report, commercial medical marijuana activities, 1 • • as well as cultivation for personal medical use as allowed by the Compassionate Use Act and the Medical Marijuana Program, can adversely affect the health, safety, and well-being of City residents. Further, as recognized by the Attorney General's August 2008 Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. D. The Hermosa Beach Municipal Code (HBMC) does not currently expressly and separately prohibit the cultivation of marijuana or the delivery of marijuana within the City of Hermosa Beach. In order to preserve full local control over cultivation and distribution of marijuana for medicinal purposes in the City, the MMRSA requires the City to adopt an express commercial cultivation ordinance by March 1, 2016 to ensure the State is not the sole regulator of cultivation activities. Additionally, the MMRSA also contains language that requires delivery services to be expressly prohibited by local ordinance, if the City wishes to do so. E. The Zoning Ordinance text amendments are consistent with the goals, policies, and objectives of the General Plan because the Project is in the public interest and there are community benefits resulting from the regulation of medical marijuana, such as preventing crime associated with marijuana activities. F. The Zoning Ordinance text amendments promote the health, safety, and welfare of Hermosa Beach residents and serve the goals and purposes of HBMC section 17.42.110 by ensuring compliance with the Medical Marijuana Regulation and Safety Act. Section 8. The Planning Commission recommends that the City Council adopt the Zoning Ordinance text amendments as set forth in attached Attachment A, which is incorporated by reference. VOTE: AYES: Comms.Allen,Flaherty,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-4 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meetinI of January 19, 2016. 11/ � Pete • ,z Vice Chair Ken Robertson, Secretary January 19, 2016 Date 2 • • • ATTACHMENT A ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING SECTIONS 17.42.110, 17.26.030, AND 17.28.020 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY A QUALIFIED PATIENT OR PRIMARY CAREGIVER The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Section 17.42.110 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows: A. Definitions. 1. "Collective" means any association, affiliation, or establishment jointly owned and operated by its members that facilitate the collaborative efforts of qualified patients and primary caregivers, as described in the Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, issued by the Attorney General's Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and non -diversion of marijuana grown for medical use by qualified patients or primary caregivers. 2. "Commercial Cannabis Activity" means cultivation, possession, manufacture processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical marijuana or medical marijuana products, except as set forth in Business and Professions Code section 19319, related to qualified patients and primary caregivers. 3. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis. 4. "Delivery" shall include the use by a medical marijuana dispensary of any technology platform owned and controlled by the medical marijuana dispensary, or independently licensed by the State under the Medical Marijuana Regulation and Safety Act, which enables persons, qualified Patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of medical marijuana or medical marijuana products. 5. "Marijuana," or "Cannabis," shall have the same meaning as the definition of that word in Health and Safety Code Section 11018. 6. "Medical Marijuana" means marijuana authorized for personal medical use in compliance with Health and Safety Code Sections 11362 5 and 11362.7, et seq. 1 7. "Medical Marijuana Dispensary" shall mean a collective or cooperative that distributes, dispenses stores, sells, exchanges, processes, delivers, cultivates, makes available, transmits and/or available, sells, transmits, gives or otherwise provides medical marijuana to two or more persons with identification cards or qualified patients, or any facility where qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute marijuana for medical purposes under the authority of California Health and Safety Code sections 11362.5, and 11362.7, et seq. Medical Marijuana Dispensary shall also refer to a facility where Medical Cannabis, Medical Cannabis products, or devices for the use of Medical Cannabis or Medical Cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that Delivers Medical Cannabis and Medical Cannabis products as part of a retail sale. Medical Marijuana Dispensary shall not include the following uses, so long as such uses comply with this Code, the California Health and Safety Code Section 11362.5, et seq., and other applicable law: a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code. b. A health care facility licensed pursuant to Chapter 2 of • Division 2 of the Health and Safety Code. c. A residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code. • d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code. e. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. 8. "Medical Marijuana Regulation and Safety Act" shall refer to Chapter 3.5 of the California Business and Professions Code, commencing with section 19300, et seq. 9. "Mobile Marijuana Dispensary" means any dispensary, clinic, cooperative, association, club, business or group which transports or delivers, or arranges the transportation or delivery of medical marijuana to a person. 10. "Person" means any individual, firm, cooperation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson. 2 11. "Person with an Identification Card" shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7. • 12. "Primary Caregiver" shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7. 13. "Qualified Patient" shall have the same meaning as the definition of that word in Health and Safety Code Section 11362.7. B. Medical marijuana dispensaries prohibited. Medical marijuana dispensaries are prohibited in all zones throughout the City; no person shall establish, operate, conduct, or allow a medical marijuana dispensary or commercial cannabis activity anywhere in the City. C. Mobile Marijuana Dispensaries are prohibited within the City. No person shall: 1. Locate, operate, own, suffer, allow to be operated or abide, abet, or assist in the operation of any mobile marijuana dispensary within the City; 2. Deliver marijuana to any location within the City from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose; or 3. Deliver any medical cannabis product, including, but not limited to, tinctures, baked goods, or other consumable products, to any location within the City from a mobile marijuana dispensary, regardless of where the mobile marijuana 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. E. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the City.. No Person in I in - •ualifi-• P. in •r Prim. -r sh-I I Iva - -n amount of Cannabis in the City, even for medicinal purposes, except where the City is preempted by federal or state law from enacting a prohibition on such activity. E. Violations and remedies. • 3 • • 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. Section 2. The alphabetical list of uses in Section 17.28.020 title 17 of the of the Hermosa Beach Municipal Code is hereby amended to add the following uses to read as follows: USE See Section Cannabis delivery = 17.42.110 Commercial cannabis activities - 17.42.110 Cultivation of cannabis or medical marijuana = 17.42.110 Section 3. The alphabetical list of uses in Section 17.26.030 title 17 of the of the Hermosa Beach Municipal Code is hereby amended to add the following uses to read as follows: USE See Section Cannabis delivery = 17.42.110 Commercial cannabis activities - 17.42.110 Cultivation of cannabis or medical marijuana = 17.42.110 Section 5. 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 medical marijuana activities are prohibited under the HBMC. Section 6.. The ordinance shall take effect thirty days after the date of its passage. Section 7. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED THIS day of , 2016. 4 ATTEST: CITY CLERK • r MAYOR 5 • • • P.C. Resolution 16-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING TENTATIVE PARCEL MAP #73779 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 1121 MANHATTAN AVE AND 1120 PALM DRIVE, LEGALLY DESCRIBED AS LOT 17, BLCK 35, FIRST ADDITION 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 November 23, 2015 by the property owner/applicant Kyle Soladay for development of property located at 1121 Manhattan Avenue and 1120 Palm Drive, seeking approval of Conditional Use Permit 16-1, Precise Development Plan 16-1, and Vesting Tentative Parcel Map #73779 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 January 19, 2016, 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 develop a two -unit detached residential condominium project on a vacant lot. 2. The subject property contains approximately 4,000 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: 1 • • • 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 two -unit detached residential condominium project with both units containing three levels. Parking for each unit is provided by a two -car garage and a guest space per unit. 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 Palm 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. Allowance for the relocated curb cut is consistent with City decisions pertaining to residential development. 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 not 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 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. 2 • • • 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 detached residential condominium project with Units 1 and 2 containing three levels. Parking for each unit is provided by a two -car garage with a guest space per unit and is accessed via Palm Drive. 14. Both Unit 1 and 2 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. Open space for Unit 1 and Unit 2 is provided on grade, a southwest facing deck on the second story. In addition, 100 square feet of open space is provided on the roof deck for both units. 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. Lot width exceeds 29 feet, unit sizes exceed 1,600 square feet, does not exceed the 30 feet height limit, and the front setback meets the 5' minimum required. Open space is located on grade, second story deck, and a roof deck for both units. 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 condominium project subject to the following Conditions of Approval: 3 • 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 January 19, 2016, 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 within three (3) months after recordation of the Final Map. b) Five (5) 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) Guest parking space 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 • 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(11) 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 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 5 • • 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. 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 plan prepared by a licensed civil engineer, and approved by the Public Works Director, addressing grading, undergrounding of all utilities, sidewalk, curb and gutter improvements, 6 • • • onsite and offsite 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. 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 an Encroachment Permit has been approved by the Public Works Department. 14. A plan for urban and stormwater runoff controls approved by Public Works Department shall be set forth on the construction plans in accordance with Chapter 8.44 and Section 8.44.090, and the applicant shall at all times comply with the required best management practices. 15. Sewer flow rate for upstream and downstream manhole must be submitted prior to grading and plan check. 16. Sewer lateral video must be submitted with plan check submittal. 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 Low Impact Development Standards listed in the Stormwater and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44.095). Calculations and documents are required at time of grading and plan check. 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 for three units 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. 7 • 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. 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. 8 • • 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.Allen,Flaherty,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 16-3 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 19, 2016. it10* Peter�a an, Vice Chair January 19, 2016 Date 9 P.C. RESOLUTION NO. 16-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND • PARKING PLAN AMENDMENT TO EXPAND AN EXISTING 5,400 SQUARE FOOT EDUCATIONAL INSTITUTION (FUSION ACADEMY AND LEARNING CENTER) APPROXIMATELY 3,800 SQUARE FEET AT AN EXISTING MULTI -TENANT COMMERCIAL BUILDING WITH SHARED PARKING AT 1601 PACIFIC COAST HIGHWAY, AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THIS RESOLUTION SUPERCEEDS CONDITIONAL USE PERMIT AND PARKING PLAN AMENDMENT P.C. RESOLUTION 11-3. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Fusion Academy and Learning Center seeking approval for an amendment to a Conditional Use Permit to allow an expansion of an existing approximately 5,400 square foot educational institution (suite 260) to an approximately 3,800 square foot adjacent vacant office space (suite 285) totaling approximately 9,200 square feet with a maximum of 65 students and 40 staff members on-site at any time on the second floor of the Hermosa Beach Pavilion at 1601 Pacific Coast Highway and a Parking Plan Amendment to allow shared parking utilizing the building's parking structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider Conditional Use Permit Amendment 15-12 and Parking Plan Amendment 15-9 on January 19, 2016, at which time the Staff Report, testimony and evidence, was presented to and considered by the Planning Commission. • Section 3. Based on the Staff Report, testimony and evidence received, both written and oral, the Planning Commission makes the following factual findings: • 1. The site is zoned SPA -8 (Specific Plan Area No. 8) and a for-profit educational institution is a conditionally permitted use in the SPA -8 zone (Section 17.40.190). 2. Fusion Academy and Learning Center provides one-to-one tutoring for students that desire an alternative to the traditional semester system, typically due to their schedules, academic level or interests, or physical or social issues. The facility will have a maximum of 65 students and 40 staff members on-site at any time in grades 6 to 12. The hours of operation will be limited to 7:30 a.m. to 9:00 p.m. with classes meeting Monday through Thursday. The facility will be open on Friday for students who need extra support and on an as -need basis Saturday and Sunday for both tutoring and class credit. 3. The existing facility was approved by Planning Commission in 2011with 22 tutoring offices, plus administrative offices, homework cafe, and galley for staff use. 4. The additional tenant space will include 11 tutoring offices, two administrative offices, a teacher conference room, homework cafe (no food service), and 4 storage rooms on the mezzanine level. 5. The site at 1601 Pacific Coast Highway is governed by various entitlements for the building as a whole and for individual uses. The allocation of uses within the Hermosa Beach Pavilion set forth in the Parking Plan approved by Planning Commission Resolution 08-23 shall be maintained, and the proposed use shall be deemed equivalent to Office use (Condition of Approval 9 herein). Operative Parking Plans (City Council Resolutions 06-6482 and 06-6513) require the provision of two-hour free validated parking for 1 • patrons of uses within Hermosa Pavilion parking structure, and signs prominently displayed to promote the parking validation program, and other programs to reduce impacts. 6. The parking study and parking plan completed by Minagar and Associates on May 26, 2015 and updated December 30, 2015 and January 5, 2016 indicates the parking structure has 497 spaces comprised of 452 standard stalls, 6 handicap accessible stalls, and 39 compact stalls. 7. Pursuant to H.B.M.C. Section 17.40.190, the use must be located on the second story of the building, and a minimum of one parking space for every seven (7) children is required subject to modification by the Planning Commission to reflect actual parking demand, together with adequate space for loading and unloading children. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15301, Class 1 (a) because the use expansion is located within an existing building requiring only minimum interior alterations, involving a use that will operate in a manner similar to the existing office use, the project is located in an urbanized area, and all necessary public services, access, parking and facilities are available. Section 5. Based on the foregoing, the Planning Commission makes the following findings: 1. Pursuant to H.B.M.C. Sections 17.40.020 and 17.40.190, the proposed change in use to allow the expansion of a one-to-one tutoring facility will not impact residential or sensitive uses, will not cause significant noise impacts, services are available, parking will be adequate based on shared parking, and the use will generally be compatible with existing commercial uses and the surrounding as follows: A. Distance from existing residential uses: The proposed use expansion will be located within the Hermosa Beach Pavilion at 1601 Pacific Coast Highway. The existing Fusion Learning Academy is located within the Hermosa Beach Pavilion with a one-to-one tutoring, surrounded by commercial uses and zoning to the east and south, and R-3 zoning and multi -family residential uses to the north and west. The proposed expansion will operate in a manner similar to professional offices and students may park in the parking structure or be dropped off within the parking structure and directly enter the building. The existing facility was approved with two soundproofed tutor spaces for music instruction as part of the curriculum for students enrolled in the school. The noise control standards in Section 8.24.040 restrict commercial activities, band rehearsals, and similar noise producing activities that are plainly audible from a residential dwelling unit's property line between 10:00 p.m. and 8:00 a.m. Exterior noise environment is dominated by traffic on PCH. It is not anticipated that noise associated with the existing music instruction will impact other uses because the rooms are located within an enclosed tenant space within an enclosed sound -insulated building, existing hours for music instruction are to remain 8:00 a.m. to 9:00 p.m., music instruction is limited to individual students, a noisy environment is unlikely to be compatible with tutoring of other students, and should noise complaints or issues occur the Community Development Director shall review the complaint and may impose appropriate mitigations such as installation of additional soundproofing, etc. B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: Parking is adequate for the use as set forth under `Parking Plan'. C. Location of and distance to churches, schools, hospitals and public playgrounds: 2 • The location is within 300 feet of Valley School. The proposed use expansion is itself a sensitive use and will not impact other schools, churches, playgrounds, hospitals, etc. Fusion Learning Academy does not have a playground or outdoor area used for recreational activities. Students arrive on campus for classes. When students complete their classes and homework for the day, they leave. D. The combination of uses proposed: The Parking Plan indicates the uses include health and fitness facilities, medical and general offices, service uses, retail, and a snack shop use. Other uses that would not increase parking demands may also be considered. The proposed expansion of an educational institution/private school type use will function similar to office uses, with one-to-one instruction and staggered arrival and departure ties, and are compatible with other uses in the building. Conditions are imposed to ensure that the existing music studio component does not impact other uses in the building. Uses such as the fitness center, and previously an auditorium use (`Kids Cabaret') and restaurant, have not resulted in noise impacts. E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: The applicant has not proposed any specific conditions to address compatibility. However, the scale of the proposed use expansion with a maximum of 65 students and 40 staff members with independent schedules and one-to-one tutoring is not expected to exhibit the types of impacts that might otherwise occur at a school with large enrollments or classes. Noise and parking are addressed in items A, B and I. F. The relationship of proposed business -generated traffic volume and size of streets serving the area: The use is limited in scale and scheduling is varied. The hours of operation will be limited to 7:30 a.m. to 9:00 p.m. with classes meeting Monday through Thursday. The facility will be open on Friday for students who need extra support and on an as -need basis Saturday and Sunday for both tutoring and class credit. Due to Fusion's custom scheduling; the vehicle traffic is spread over the course of 13.5 hours. The use does not otherwise attract customers coming to the site. The Parking Study indicates that 16 additional parking spaces would be required at capacity similar to office use (3,791 sq.ft. tenant space parked at 1:250). The site is served by Pacific Coast Highway and 16th Street to Ardmore which are arterial/collector streets adequate for the use. G. The proposed exterior signs and decor, and compatibility with existing establishments in the area: The existing use and proposed use expansion will be located within an existing building so that the exterior will not be modified to accommodate the use. Signage shall conform to H.B.M.C. Chapter 17.50. H. The number of similar establishments or uses within close proximity to the proposed establishment: Impacts associated with school type facilities are typically related to size, student enrollment and age, program and hours, whether there is an outdoor component, parking characteristics, safety and management, among other factors. The proposed facility expansion, with limited size and enrollment (totaling approximately 9,200 square feet with a maximum of 65 students and 40 staff members on-site at any time) spread over a 13.5 -hour day, with no outdoor component, may have impacts similar to office use. The existing Fusion Learning Academy facility is the only known for- profit school with tutoring services to be operating within commercial zones in the city. The existing facility has been in operation since 2011 and there have been no impacts with the existing operation and so impacts from expansion are not anticipated. Valley School is located about 300 feet west of the site. Due to fiscal issues affecting public school programs and class size, as well as time constraints on parental time and an observed increase in disabilities that affect learning in a traditional class setting, the establishment of additional tutoring facilities to accommodate students seeking an alternative to the traditional semester system, are anticipated in the future. Large tutoring 3 • • facilities/schools are limited by the standards in Section 17.40.190 and are subject to a Conditional Use Permit. I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The existing facility was approved with two soundproofed tutor spaces for music instruction as part of the curriculum for students enrolled in the school. As noted under item A, noise is not expected to be significant because the use expansion is individualized one-to-one instruction, no additional music instruction is proposed and there will not be a playground or outdoor area. Conditions are imposed for the two existing soundproofed tutor spaces for music instruction should impacts occur. J. Impact of the proposed use to the city's infrastructure, and/or services: The use is similar to office use and will not require additional utilities, police services, or other services. K Will the establishment contribute to a concentration of similar outlets in the area: Adverse impacts associated with this use that merits restricting a concentration of such uses has not been demonstrated. Further, no other similar use is known to exist in the vicinity. 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: The proposal generally complies with the proposed zoning standards in Section 17.40.190. The proposed location within the building (suite 285) is on the second floor and no special loading facilities/zones are required due to student ages, scale of use, and scheduling. However, the applicant is requesting to park the area of expansion using a general office parking ratio of 1:250, requiring 16 parking spaces, as opposed to the previously approved standard of 1 space per 7 students (with 70% of the 14 staff members parked for) which would require 15 parking spaces. The parking study reveals that the Hermosa Beach Pavilion provides an adequate supply of off-street parking spaces to accommodate the proposed Fusion Academy and Learning Center expansion, as well as the remaining future uses at full -occupancy. 2. Pursuant to H.B.M.C. Section 17.44.210, onsite shared parking will be adequate for the proposed use as follows: A. The proposed facility will operate under varying, staggered schedules with hours of operation limited to 7:30 a.m. to 9:00 p.m. with classes meeting Monday through Thursday. The facility will be open on Friday for students who need extra support and on an as -need basis Saturday and Sunday for both tutoring and class credit. Overall vehicle trips will be spread out throughout the day. Students are expected to arrive for pre -scheduled tutoring sessions, and then leave once their individual classes and homework for the day are complete. Given the age group of the attendees, not all students enrolled will be drivers and some may be picked up or dropped off. B. Planning Commission Resolution 08-23 indicates the Hermosa Pavilion parking structure has 496 spaces, comprised of 454 standard and 42 tandem spaces. The allocation of uses as determined by previous parking studies generated the requirement for 420 parking spaces at peak AM and PM hours (Walker Parking Consultants, 2008 and Linscott Law and Greenspan, 2006) leaving a surplus of 76 spaces. PC Resolution 08-23 approving a Parking Plan amendment for a wine storage business generated a peak demand of 10 spaces, leaving a surplus of 66 spaces. C. During the January 18, 2011 Planning Commission hearing Fusion Learning Academy was approved to establish an educational institution in an approximately 5,400 square foot vacant office space on the second floor of the Hermosa Beach Pavilion while utilizing shared parking. Fusion Learning Academy submitted a parking study, prepared by Minagar & Associates on January 12, 2011, which found that the parking structure contained 491 stalls, out of which 454 were standard shared parking 4 • • spaces. The parking study also reviewed prior parking studies which extensively evaluated the impacts of all uses including the unique characteristics of 24 -Hour Fitness with peak demand at 6:00 p.m. on weekdays. The applicant's parking study found peak demand to be 10:00 a.m. and a trend of increased utilization beginning around 5:00 p.m. to 7:00 p.m. The study concluded the use would require 24 parking spaces to accommodate staff needs and the required parking standard for students. The parking study completed by the applicant's traffic consultant, Minagar and Associates, on May 26, 2015 and updated December 30, 2015 and January 5, 2016 for the proposed expansion of Fusion Learning Academy into an approximately 3,800 square foot vacant office space found that during the peak weekday, a maximum of 402 of the 497 parking spaces were occupied during the peak hour (81% maximum utilization), leaving 95 vacant parking spaces remaining under the existing conditions. Peak parking activity was observed to occur on Tuesday at 7:00 p.m. and on Wednesday at 11:00 a.m. The parking study indicates the parking structure has 497 spaces comprised of 452 standard stalls, 6 handicap accessible stalls, and 39 compact stalls with the proposed educational institution expansion resulting in a peak demand of 16 spaces generating a total peak shared parking demand of 418 spaces, leaving a surplus of 79 spaces. D. Staff requested that the applicant submit a floor plan of the parking structure to confirm the number and type of existing parking spaces present. The recent parking study conducted on May 26, 2015 identified a surplus of 79 spaces whereas the parking study conducted in 2011, which did not include a floor plan of the parking structure, stated there was a surplus of 76 parking spaces. The parking structure floor plans confirm that there is a surplus of 79 parking spaces. E. Since the proposed use expansion intends to occupy space previously allocated to an office and is a unique use consisting of one-to-one tutoring, it is appropriate to compare projected parking demand with office demand. The City's parking standard for office use (one space per 250 square feet of floor area) is 16 spaces, which is one parking space more than the projected parking demand based on (one space per seven students with parking for 70% of staff members) for the proposed use. Parking demand for the proposed use will be spread over slightly more hours than office use. On this basis, it is logical to conclude the proposed use, with its unique characteristics of one-to-one tutoring, is equivalent to office use and is consistent with the allocation of uses in the PC Resolution 08-23 as indicated below and shared parking will be adequate for the proposed use. Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit Amendment 15-12 and Parking Plan Amendment 15-9 (WHICH SUPERSEDE THE CONDITIONS OF P.C. RESOLUTION 11-3) subject to the following Conditions of Approval: CONDITIONAL USE PERMIT: 1. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. The floor plan. shall be substantially consistent with the submitted site plan and floor plan approved by the Planning Commission on January 19, 2016. Minor modifications to the plans required for compliance with project conditions or codes may be approved by the Community Development Director provided that use is not changed, intensity of use is not increased, and the arrangement of space would not increase noise impacts. 2. The existing facility and use expansion shall be operated as a one-to-one tutoring center with a maximum of 65 students and 40 staff members on the site at any time. The hours of operation shall be limited to 7:30 a.m. to 9:00 p.m. with classes meeting Monday through Thursday. The facility will be open on Friday for students who need extra support and on an as -need basis Saturday and Sunday for both tutoring and class credit. 5 • 3. Music instruction within the two existing soundproofed tutoring spaces shall be limited to students enrolled in the educational program. The spaces shall not be otherwise utilized for private lessons. Sound levels generated by the use shall not be plainly audible within other tenant spaces or external to the building. Should noise complaints/issues occur, the Community Development Director shall review any complaint and may require the applicant to install acoustic features to maximize soundproofing to achieve a STC (sound transmission class) rating of at least 58, and undertake noise monitoring or conduct an acoustical study to determine and institute appropriate mitigations. 4. The project shall comply with the requirements of the Noise Control Ordinance in Chapter 8.24; where its provisions conflict with this approval, the most restrictive provisions shall apply. 5. The business shall provide adequate management and supervision to ensure that student loitering or unruly behavior or disruption to others in the building does not occur. 6. All signs shall comply with Chapter 17.50 of the H.B.M.C. Sign permits shall be obtained from the Community Development Department. 7. The business shall abide by the Parking Plan and parking management program required by the City of Hermosa Beach governing the building. Literature shall be provided to students and staff directing them to utilize the parking structure rather than on -street parking. 8. The operation of the business shall comply with all applicable requirements of the Building, Fire and Public Works Department, and the Municipal Code. 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. PARKING PLAN AMENDMENT: 9. The tutoring use with its unique characteristics of one-to-one tutoring shall be operated in this manner and is deemed to have parking demand equivalent to Office use. The allocation of uses within the Hermosa Beach Pavilion set forth in the Parking Plan approved by Planning Commission Resolution 08-23 shall be maintained as follows: Use Allocation (sq. ft.) Health and Fitness Facility (inc. basketball court + 46,000 pool) Office 20,400 Day Spa 13,000 Retail (Including wine shop) 9,600 Restaurant (including food related sales) 8,000 Auditorium 3,000 Storage 5,500 Wine storage 10,100 Total 115,600 Any material change to the allocation that increases parking demand requires a Parking Plan amendment. 10. The use shall be subject to and bound by all other restrictions pertaining to the building and • parking structure and parking management program applicable to use in the building generally. 6 • • • The use and management of parking at the Hermosa Beach Pavilion shall continue to be subject to the programs set forth in City Council Resolutions 06-6482 and 06-6513, and Planning Commission Resolution 08-23, in addition to the specific approvals set forth in resolutions applied to various tenant spaces. 11. All parking shall be shared among all uses within the Hermosa Beach Pavilion and shall be available within the structure for employees and customers of all tenants in the building. All parking shall be available on a first come, first served basis (i.e., no assigned or reserved spaces for any person, tenant space or use, except that tandem spaces may be assigned to employees). Employees of Suites 260 and 285 shall be required to park in lower levels of the parking structure. 12. A minimum of two-hour free parking within the Hermosa Beach Pavilion parking structure shall be provided for employees and students of the business. GENERAL: 13. The Conditional Use Permit Amendment and Parking Plan Amendment shall not be effective unless and until the tenant space and its use conform to all codes, and Conditions of Approval have been complied with. 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. 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 Parking Plan Amendment and 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 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. 7 • 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. The Planning Commission may review this Parking Plan Amendment and Conditional Use Permit Amendment 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. 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 appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Comms.Allen,Flaherty,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 16-2 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 19, 2016. Pete' o vu'1 Vice Chair January 19, 2016 Date 8 en Rson, Secreta ry • • • P.C. RESOLUTION NO. 16-1 A RESOLUTION FO THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE TO ALLOW AN APPROXIMATELY 445 SQUARE FOOT EXPANSION OF AN EXISTING SINGLE-FAMILY RESIDENCE NONCONFORMING TO PARKING REQUIREMENTS AT 43 6TH STREET, LEGALLY DESCRIBED AS THE SOUTHEAST 63 FEET OF LOT 20, BLOCK 7, ASSESSOR PARCEL NUMBER 4187-016-030. The Planning Commission does hereby resolve and order as follows: Section 1. An application was filed by John and Tracie Maffei, owner of real property located at 43 6t Street, seeking a Variance (16-1) to allow an approximately 445 square foot expansion of an existing single-family residence with less than one parking space onsite. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Variance on January 19, 2016, at which time testimony and evidence, both written and oral, was presented and considered by the Planning Commission. Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the following factual findings: A. The subject property is a half -lot with no vehicular access located on the north side of 6th Street (a walk street) west of Hermosa Avenue. The subject single-family residence is a two-story building with all habitable space located on the ground floor and a non -habitable loft, non -habitable attic, and southerly facing deck on the second story. The record shows the building was built prior to 1920 and has had multiple interior repairs/renovations over the years, and not adding square feet to the original building. B. The applicant proposes to convert an existing non -habitable loft and attic space on the second level of an existing single-family residence into a master bedroom, master bathroom, and a deck, for an expansion of 445 square feet of livable area. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings to support the requested Variance pursuant to H.B.M.C. Section 17.54.020: A. The variance is necessary because of an exceptional circumstance at the subject property. The lot is unusually situated since it fronts on a walk -street and is separated from the alley to the rear by another half lot to the rear. A survey of the walk -streets west of Hermosa Avenue shows that two other lots in the city exhibit similar conditions (44 6th St and 29 5th St, see Attachment 2). Other lots along walk -streets and throughout the City with nonconforming parking requirements would be afforded the opportunity to remedy parking issues via design. Given the lack of vehicular 1 • • access for the subject lot, no remedy is possible and onsite parking is not feasible; therefore an exceptional circumstance exists on the property. B. The variance is necessary for the preservation of a substantial right possessed by other properties in the vicinity. The existing lot is unable to provide parking onsite due to a lack of roadway access. The majority of properties in the City and in the surrounding area have available roadway access to and from the property, thereby allowing parking to be located on the site. Therefore the subject property is not afforded the same property rights as neighboring lots. C. The variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The existing single-family residence is typical of the surrounding area which is a mixture of multi -story single-family residences and multi -family residences. The proposed expansion will increase the intensity of the existing residential use, however the use of the property will remain a single-family residence and will not increase density of the lot and would be consistent with all zoning and building & safety codes (excluding nonconforming building expansion provisions). The intensity increase of the property has the potential to impact public parking in the area, however, given the property has been operating as a single-family residence with no parking since 1920 the anticipated impact would be minimal. As such the proposed project is not anticipated to be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. D. The granting of the variance will not conflict with the provisions of, or be detrimental to, the General Plan. The proposed project allows only a small expansion to an existing residence that is unable to provide parking and would not exacerbate existing parking concerns in the neighborhood since the density of the lot will remain the same and no parking will be altered or removed as part of the project. As such, staff believes the proposed project will not conflict with the provisions of or be detrimental to General Plan. Section 5. The project is Categorically Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301(e) 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, and the project is within an area with available services. Section 6. Based on the foregoing, pursuant to Section 17.54.020 of the H.B.M.C., the Planning Commission hereby approves the requested Variance subject to the following Conditions of Approval: 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 January 19, 2016. 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 2. The Variance specifically allows a 445 square foot expansion of an existing single- • family residence. This approval is specific to the improvements on plans approved by the Planning Commission on January 19, 2015 and shall not apply to any other future development or expansion. • • 3. The project shall fully comply with all requirements of the R-3 zone as applicable, including but not limited to: a. Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. 4. The project shall comply with all requirements of the Building Division, Public Works Department and Fire Department, and the City of Hermosa Beach Municipal Code. 5. 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. 6. 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 percent of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. 7. The project shall comply with all other requirements of the Building and Safety Division, and Fire and Public Works Departments. Construction: 8. 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 an Encroachment Permit has been approved by the Public Works Department. 9. A plan for urban and stormwater runoff controls required by the Municipal Code including Section 8.60.070(H) and this Resolution, approved by Public Works Department, shall be set forth on the construction plans in accordance with Chapter 8.44 and Section 8.44.090, and the applicant shall at all times comply with the required best management practices. 10. 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. 3 • • • Other: 11. 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. 12. An approved coastal development permit from the California Coastal Commission shall be filed with the City prior to issuance of demolition, shoring and construction permits. 13. The project shall comply with the 65% demolition debris recycling requirement set forth in Section 15.48.020. 14. The Planning Commission may review this Variance 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. 15. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. Each of the above conditions 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. 4 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, 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.Allen,Flaherty,Saemann,Vice Chair Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 16-1 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of January 19, 2016. 111140 - writ Itti"1 Peter an, Vice Chair January 19, 2016 Date 5 `t.olefts on, ecretary