HomeMy WebLinkAbout2015Reso's 2015
Reso's 2015
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Reso. :Date
No. ' Adopted
Location
Description
15-1
1-20-15
1727, 1725 & 1727
Monterey Blvd.
City wide
Approving PDP for a nonconforming SFR expansion/remodel at
1727 Monterey incl. demolition of 1723/1725 Monterey & Variance.
Recimmnending approval of Text Amendment re. definition of res-
taurant and standards for on -sale establishments.
5-2
1-20-15
15-3 1-20-15
City wide
Recimmnending approval of Text Amendment to allow outdoor retail
sales/display areas on Pier Plaza (including Loreto Plaza)
15-4 ' 2-17-15
1906- 1918 PCH
615 7th Street
Recommend approving GPA: CC to MD; approving CUP/PDP/
VTTM#73308 for a 6 unit condo & allowing alternate point for hight.
Approving a CUP, PDP & VTPM #73041 for a 2 -unit condo.
15-5 j 2-17-15
15-6 3-17-15
Pier Plaze
Recommending approval of a text amendment to standards & proce-
dures for the design and operation of outdoor dining on Pier Plaza.
Approving a master Parking Plan in connection with retail
sales/display encroachment areas on Pier Plaza.
15-7 ' 3-17-15
Pier Plaza
15-8 [ 3-17-15
1307-1309 Hermo-
sa Avenue
Approving a CUP to allow installation of a walk-up ATM @1307
Hermosa & removal of an ATM facility with minor modifications
15-9
4-21-15
4-21-15
36 Pier Avenue,
Greenbelt
1460 Bayview Dr.
& 1461 Monterey
1309 Hermosa
Ave., Paradis
1309 Bard Street &
adjacent lot
Approving a CUP to extend hours for sales & comsumption of beer
and wine from lOpm to 1 1pm & restricing op hours to llpm daily
Approving a PDP amendment, CUP & TPM#73365 to modify an ap-
proved duplex for a 2 -unit condo.
Approving a Parking Plan to classify an ice cream shop as a snack
shop to purpose of calculating parking requirements.
Recommending approval of a General Plan, Land Use Element, Land
Use map amendment from GC to OS & rezone from C-2 to OS.
15-10
15-11
4-21-15
15-12 14-21-15
1
5-13
4-21-15
City Wide (PCH)
Recommending approval of an ord. authorizing the erection of ex-
tended temp. signs by auto dealers w/frontage on PCH.
Approving a CUP, PDP & VTPM #73475 for a 2 -unit condo.
15-14 ' 5-19-15
1072 7th Street
15-15 5-19-15
507 Pier Avenue
Approving a Parking Plan to accept in -lieu fees of providing required
parking on-site for change from massage parlor to medical office.
Approving Parking Plan to addresses parking requirements for sever-
al changes to Loreto Plaza
15-16 5-19-15
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53-57 Pier Avenue
15-17 I 6-16-15
'
1332 Hermosa
Ave., Establishment
To revoke a CUP to allow on -sale general alcohol and live entertain-
ment in conjunction with an existing restaurant.
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RESOLUTION P.C. 15-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF
A TEXT AMENDMENT TO THE MUNICIPAL CODE CHAPTER 12.16.090
TO WAIVE COMPLIANCE WITH PARKING STANDARDS FOR SMALL
OUTDOOR DINING AEAS IN PIER PLAZA, AND ADOPTION OF AN
ENVIRONMENTAL NEGATIVE DECLARATION
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. On October 20, 2015, the City of Hermosa Beach directed staff to initiate a
code amendment to the Municipal Code to facilitate the addition of a small outdoor patio for food
service establishments located within Pier Plaza.
SECTION 2. The Planning Commission held a duly noticed public hearing on November
17, 2015 to consider a text amendment to facilitate the addition of a small, outdoor patio (maximum
200 square feet) for a food establishment located within Pier Plaza that serves no alcohol and
operates within the hours of 7:00 am to 10:00 p.m., by waiving the requirement for additional
parking spaces (TEXT 15-5).
SECTION 3. Pursuant to the provisions of the California Environmental Quality Act, an
Initial Study and Negative Declaration were prepared and will be noticed for a 30 day period. If
no comments are received during that time period, it can be determined that no significant
impacts on the environment would result from the project. The Negative Declaration prepared
for this project reflects the City's independent judgment and analysis. The Planning Commission
finds that there is no substantial evidence that the project would have a significant impact on the
environment. The Planning Commission recommends that, if there are no comments received
during the ensuing 30 -day period, that the City Council of the City of Hermosa Beach adopt the
Initial Study and Negative Declaration as adequate and complete and approve the Final Negative
Declaration.
SECTION 4. The Planning Commission hereby recommends City Council approval of
the proposed ordinance to be amended as follows:
Section 12.16.090, Commercial outdoor dining
Use of the public right-of-way for commercial outdoor dining may be permitted subject to
issuance of an encroachment permit in compliance with this Chapter, and subject to the
following conditions.
A. Every encroachment permit for commercial outdoor dining shall ensure the following:
1. Provides for and maintains an area of passage for pedestrian traffic
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this code;
4. Applicant to pay all appropriate fees, including but not limited to rental fees;
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5. Applicant to maintain and keep in force at all times a policy of liability insurance, naming
the city as an additional insured in the amount of one million dollars ($1,000,000); and
6. To pay restorative costs, if applicable, in an amount to be determined by the Director of
Public Works, plus administrative costs.
B. Pier Plaza. Encroachment for commercial outdoor dining on Pier Plaza shall comply with
Section 12.16.060 and the design and operational standards adopted by the resolution of the
City Council. Deviations from the standards set forth in this section may be allowed pursuant
to a conditional use permit granted in compliance with Chapter 17.40.
1. Limited outdoor dining in compliance with this section shall be exempt from compliance
with off-street parking standards in Chapter 17.44 if it meets the following standards:
a. The encroachment area does not exceed two hundred (200) square feet;
b. Use of the encroachment area is limited to the hours of operation of the adjacent
food establishment, not to exceed 7:00 a.m. to 10:00 p.m.; and
c. Alcoholic beverages are not offered, sold or consumed within the encroachment
area.
C. Commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier
Avenue). Encroachments for commercial outdoor dining on sidewalks within commercial
zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier Avenue),
shall comply with Section 12.16.060 and the following design and operational standards and
limitations:
1. The outdoor dining encroachment area shall be managed, operated, and maintained as an
integral part of the adjacent food establishment. Food establishment includes restaurants,
snack shops, food and beverage markets, supermarkets, bakeries, deli's, or similar
establishments that offer food or beverages, as determined by the Director of Public
Works in consultation with the Community Development Department. Food
establishment does not include temporary, mobile or freestanding food service providers
or vendors.
2. The encroachment area shall be located adjacent to the building, and shall not be located
within or separated from the establishment by landscaping, street furniture, parking
spaces, drive -aisles, alleys or streets, or other elements.
3. Encroachment areas along any street frontage shall be located at least ten (10) feet from
any residential zone.
4. The encroachment area when located on sidewalks shall not exceed two hundred (200)
square feet, shall not exceed five (5) feet in depth, and shall not occupy more than thirty
(30) percent of the sidewalk width excluding curb. On pedestrian walk streets the
encroachment area is not subject to the depth or width limitations but shall not exceed
two hundred (200) square feet. Outdoor dining in compliance with this section shall be
exempt from compliance with off-street parking standards in Chapter 17.44.
5. Use of the encroachment area shall be limited to the hours of operation of the adjacent
food establishment, not to exceed 7:00 a.m. to 10:00 p.m.
6. The encroachment area is limited to sit-down food and beverage consumption for seated
customers only. Serving ware used in the encroachment area shall be resistant to
shattering or breaking into fragments (no glass, ceramic or similar materials).
7. Alcoholic beverages shall not be offered, sold or consumed within the encroachment
area.
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8. A clear, continuous pedestrian path not less than five feet (5') in width or more as
deemed appropriate by the Director of Public Works for pedestrian circulation outside of
the encroachment area shall be maintained at all times. As used herein, pedestrian path
means a continuous obstruction -free sidewalk area between the outside boundary of the
encroachment area and any obstructions, such as street trees or planters, utility poles,
street furniture, newsstands, bus benches, or curb.
9. The layout of the encroachment area shall not impede ingress or egress, and shall be fully
accessible to the physically disabled, as required by the Building Code, Title 24 Disabled
Access Standards, any other requirements of law, and the City Fire Marshall.
10. Barriers around the encroachment area shall not be provided unless required by the
Director of Public Works for public safety, such as protection from vehicles or in cases of
surface or grade changes. Unless otherwise specified, required barriers need not be
removed each evening, but shall be capable of being removed. If imbedded into the
pavement, barriers must be fixed through the use of recessed sleeves and posts, or by
wheels that can be locked into place or weighted in place. Required barriers shall
conform to requirements for the sight -impaired and shall be properly maintained. The
height of any barrier shall not exceed three (3) feet, six (6) inches. All barriers must be
able to withstand inclement outdoor weather, and 100 pounds per lineal foot of horizontal
force at the top of the barricade when in their fixed positions.
11. The elevation of the encroachment area shall not be altered (e.g., no platforms or
recesses). No modification to the surface of the right-of-way, such as resurfacing,
texturing or borings for recessed sleeves, shall be made unless approved by the Director
of Public Works.
12. Furnishings shall be limited to sturdy chairs, benches and tables, and umbrellas sheltering
tables. Furnishings shall be designed for outdoor use. No portion of an awning or
umbrella shall be less than eight (8) feet above the sidewalk or extend outside the
encroachment area. Awnings may extend up to four (4) feet from the building front or
cover up to fifty (50) percent of the sidewalk width, whichever is less. A building permit
shall be obtained prior to installation of an awning. No other objects, including but not
limited, to host/hostess podiums, bars or bar -height tables, light stands, signs, menu
boards, service items or grills are allowed. Furnishings shall not display prominent logos
or advertising. All furnishings shall be maintained in good condition at all times.
13. All furnishings and barriers shall be maintained free of appendages or conditions that
pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can
detect the objects safely. No appendage shall extend outside the encroachment area. No
persons including customers shall place anything within or near the encroachment area
that could pose a tripping hazard or interfere with accessibility, such as animals tied to
signs or utility poles, bicycles, etc.
14. Approved furnishings and objects shall be removed from the encroachment area daily
prior to close of business, but no later than 10:30 p.m., unless such furnishings are
required to be bolted to the pavement or are approved to remain by the director of public
works.
15. No entertainment, music, audio speakers, televisions or visual media of any type, whether
amplified or unamplified, shall be located within the encroachment area.
16. The encroachment area, including surfacing, shall be maintained in a neat and clean
manner, free of litter, food scraps, soiled dishes, and graffiti, at all times. The business
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shall actively monitor the area and promptly remove food service ware, food scraps, litter
and other trash. Trash receptacles shall be supplied in an easily accessible location on the
subject property. Surfacing in and around the encroachment area shall be cleaned during
the business day as needed and at the end of each business day. Cleaning and the use of
water for cleaning the encroachment area shall comply with good housekeeping best
management practices approved by the director of public works in accordance with
Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept, washed,
or blown into the sidewalk, gutter, storm drains or street. The director of public works
may issue the encroachment permit only after determining that the request complies with
the standards and provisions of this section and any other requirements applicable to the
use set forth in the Municipal Code.
17. Use of the encroachment area shall not adversely affect the welfare of the nearby
residents or commercial establishments.
18. The final location and configuration of the encroachment area shall be subject to approval
by the director of public works, after determining that the request complies with the
standards and provisions of this section and any other requirements applicable to the use
set forth in the Municipal Code. The director may attach conditions to mitigate public
health, safety and convenience impacts unique to the specific location.
19. The encroachment permit shall be valid for one year and may be annually renewed.
20. Deviations from the standards set in this section may be allowed pursuant to a conditional
use permit, granted in compliance with Chapter 17.40.
D. Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for commercial outdoor
dining on sidewalks within the boundaries of the Specific Plan Area No. 11 zoning district
(Upper Pier Avenue) are prohibited.
VOTE: AYES: Comms.Allen,Flaherty,Hoffman,Saemann,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 15-29 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California, at its
regular}�ieeting of November 17, 2015.
Ron Pfizer, Chairman
November 17, 2015
Date
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P.C. RESOLUTION 15-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
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BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
USE OF THE OUTDOOR DINING AREA AT 37 PIER AVENUE (CURRENTLY CAFE
BONAPARTE) IN CONJUNCTION WITH THE RESTAURANT AND OUTDOOR
DINING AREA WITH ON -SALE ALCOHOL AT 39 PIER AVENUE (CURRENTLY
PALMILLA RESTAURANT) UNTIL 11:00 P.M. DAILY; AND DETERMINATION
THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AT 37-39 PIER AVENUE, LEGALLY
DESCRIBED AS PORTION OF LOT 31, AND ALL OF LOT 21, BLOCK 13, HERMOSA
BEACH TRACT, HERMOSA BEACH, CALIFORNIA.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Ron Newman requesting approval of Conditional
Use Permit Amendment 15-9 to allow use of the adjacent outdoor dining area to the west in
conjunction with restaurant and outdoor dining area at 39 Pier Avenue (Palmilla Restaurant).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit Amendment 15-9 on November 17, 2015
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:
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1. The site is located on Pier Plaza and zoned C-2 Restricted Commercial. Section
12.16.060(B) allows encroachments in the right-of-way adjoining the subject business,
however, the proposed location adjoins a neighboring tenant space, thereby deviating
from the standards set forth by the City Council and requiring a Conditional Use Permit.
2. The proposed outdoor dining area occupies approximately 197 square feet while the total
combined area of the outdoor dining areas will be approximately 461 square feet.
3. The new outdoor dining area will close by 11:00 p.m. daily while the existing outdoor
dining area fronting 39 Pier Avenue (Palmilla Restaurant) will remain open until 1:30
a.m. daily
Section 4. The project is Categorically Exempt from the provisions of the California
Environmental Quality Act per CEQA Guidelines, Section 15301(e), Existing Facilities, because
the proposal involves an addition less than 50% of the existing floor area, and no significant
impacts are identified.
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Section 5. Based on the foregoing factual findings the Planning Commission makes the
following findings that the Conditional Use Permit pursuant to H.B.M.C. Section 17.44.020 and
Ill
incorporation the conditions set forth in Section 17.40.080, finding that the use as conditioned
will be compatible with the surroundings and all impacts can be reduced to an insignificant level:
A. Distance from existing residential uses: The project is located on Pier Plaza, the
pedestrian- oriented commercial center of the City. Surrounding properties exhibit
general commercial uses such as retail, services and restaurants. The nearest residential
use is located on 10th Street, approximately three (3) blocks from the property.
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The applicant proposes to use an existing 197 square foot outdoor dining area fronting the
adjacent tenant space to the west (37 Pier Avenue) as part of the current outdoor dining
area at 39 Pier Avenue (Palmilla restaurant). The applicant proposes the new outdoor
dining area to close by 11:00 p.m. daily, essentially converting the existing outdoor
dining for the cafe to dining for Palmilla, while the existing patio area in front of the
restaurant and the interior dining area of the restaurant will remain open until 1:30 a.m.
Given the location of the business within a concentrated commercial area, it is not
anticipated that the use of the existing 197 square feet of outdoor dining area until 11:00
p.m. daily will adversely impact residential uses, however, the project has been
conditioned to prohibit entertainment, music, speakers, televisions, or audio or visual
media of any type, whether amplified or unamplified, to be provided within the outdoor
patio.
B. Adequacy of off-street parking facilities and streets, and distance of parking form the
proposed use: The business is located within Pier Plaza, the pedestrian -oriented
commercial center of the City. A Master Parking Plan approved in 1997 by the City
Council approved outdoor dining on Pier Plaza in front of 11 tenant spaces including the
subject outdoor dining area in front of 37 Pier Avenue. Adverse parking impacts are not
anticipated.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The
project site is located on Pier Plaza, the pedestrian -oriented commercial center of the
City. The proposed modifications are not likely to impact Valley View School, the
Community Center, or other parks or similar uses in the City due to distance and offset
hours.
D. The combination of uses proposed, concentration and number of similar establishments
or uses within close proximity to the proposed establishment: The City has recently
identified Pier Plaza as containing a high concentration of late-night alcohol serving
establishments — with `late-night' defined as operating after 11:00 p.m. -- and outlined
specific analysis criteria when granting additional entitlements to existing "late-night"
establishments in Section 17.40.080. See below:
1. Whether the total number of late-night alcohol beverage establishments will
exceed the City's limit on such establishment: The proposed project involves an
existing late-night alcohol serving establishment. The proposed outdoor dining
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area currently serves as an outdoor dining area for the adjacent bakery, a non -
alcohol serving establishment. The proposed use of the outdoor dining area for
the restaurant will allow alcohol service on an area not currently permitted to
serve alcohol, however, the expanded area of the patio will close at 11:00 p.m.
daily and will not increase alcohol serving areas open after 11:00 p.m. No
increase after 11:00 p.m. will occur.
2. Whether the use will intensify through increases in the assigned occupant load
from owner/operator-initiated construction and/or remodeling that expand the
square footage or alter the floor plan: The proposed outdoor dining area will be
closed at 11:00 p.m. daily and thus will not increase the occupant load of the
outdoor dining area after 11:00 p.m.
3. Whether proposed modifications to floor plans, conditions of approval, type of
alcoholic beverages served (beer and wine versus full alcohol service), or other
factors may increase adverse impacts: The proposed outdoor dining area use will
operate until 11:00 p.m. daily. Adverse impacts associated with alcohol serving
establishments typically occur after 11:00 p.m. Adverse impacts are not
anticipated due to the new outdoor dining area.
4. Whether the type, quantity, or geographic location of the establishment will
create an over -abundance of similar establishments in a particular area of the
City such that it will reduce the diversity of businesses operating in the immediate
area: The proposed project involves an existing restaurant with on -sale general
alcohol and use of an existing outdoor dining area at the adjacent space to the
west. The project will not alter existing concentrations of on -sale establishments.
E. Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: No special precautions are noted.
F. Noise, odor, dust and/or vibration that may be generated by the proposed use: As
mentioned previously, a condition of approval is included prohibiting televisions and
other similar equipment from being located on the outdoor patio. Odor, dust and/or
vibration disturbances are not anticipated.
G. Impact of the proposed use to the City's infrastructure, and/or service: The proposed
project involves an existing business. Infrastructure and utilities for the site are existing
and are not anticipated to be impacted.
H. Other considerations that, in the judgment of the planning commission, are necessary to
assure compatibility with the surrounding uses, and the city as a whole: No other issues
are identified.
Section 6. Based on the foregoing, the Planning Commission hereby approves the request for
Conditional Use Permit 15-9 subject to the following Conditions of Approval:
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1. The outdoor dining area shall be consistent with plans submitted and approved
by the Planning Commission on November 17, 2015. Minor modifications to the
plan shall be reviewed and may be approved by the Community Development
Director. Any substantial deviation must be reviewed and approved by the
Planning Commission.
2. The permitted hours of operation for the outdoor dining area in front of 37 Pier
Avenue (13 feet in depth and 13 feet and eight (8) inches in width) shall be 8:00
a.m. — 11:00 p.m. at which time a minimum 42 inch high obstruction (gate,
railing, etc.) shall be placed across the depth of the patio area (north to south) at
the division of the tenant spaces (37 and 39 Pier Avenue).
3. The provision of alcoholic beverages shall comply with the following:
a. All alcoholic beverages shall be served in nondisposable drink ware.
b. A minimum 42" high gate surrounding the outdoor dining area shall be
maintained thereby providing a barrier between the sidewalk and the
dining areas in which alcohol is served. Said gate and any doors or
windows shall not open into the public right of way.
c. Signs shall be posted in a conspicuous location warning patrons of the
illegality of removing alcoholic beverages from the restaurant, and
carrying and consuming alcoholic beverages in any public place such as
the public sidewalk or beach.
4. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
5. The business shall prevent loitering, unruliness and boisterous activities of the
patrons outside the business or in the immediate area.
6. The Police Chief may determine that a continuing police problem exists, and
may, subject to the review of the Planning Commission, direct the presence of a
police approved doorman and/or security personnel to eliminate the problem. If
the problem persists the Chief then shall submit a report to the Planning
Commission, which will automatically initiate a review of this conditional use
permit by the Commission.
7. Any changes to the outdoor dining area layout which alter the primary function
of the outdoor dining area shall be subject to review and approval by the
Planning Commission.
8. The exterior of the premises shall be maintained in a neat and clean manner,
and maintained free of graffiti at all times.
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9. To reduce marine debris associated with take-out containers, the establishment
shall not use take-out containers with a "No. 6" recycle code.
• 10. The business shall comply in all other respects with Municipal Code Chapter
8.24 (Noise Control) and noise from the premises shall not constitute a public
nuisance.
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11. Entertainment, music, speakers, televisions, or audio or visual media of any
type, whether amplified or unamplified, shall be prohibited within the outdoor
patio.
a. Televisions, projectors, or any other type of motion picture display
cannot be displayed facing outwards (south) towards Pier Plaza, whether
inside the patio or inside the building.
12. The practice of washing and rinsing restaurant floor mats, equipment, tables,
etc., or discharge of any liquids, other than stormwater, onto the public right -or
way, into the parking lot drain or stormdrains, is strictly prohibited. Discharge
of liquids or wash water shall be limited to the sanitary sewer.
13. A manager who is aware of the conditions of this conditional use permit shall be
on the premises during business hours. The conditional use permit shall be
maintained on the premise in a location where employees can easily read the
conditions.
14. Exterior and interior water use shall comply with Chapter 8.56.
15. The improvements and the operation of the outdoor dining area shall comply
with all requirements of the Building, Fire and Public Works Departments. The
applicant shall submit a plan for occupant load calculation of the outdoor
dining area prior to final sign off of the building permit.
16. An encroachment permit shall be required pursuant to Municipal Code Section
12.16.090 Commercial Outdoor Dining.
17. The project shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including
but not limited to: California Department of Alcoholic Beverage Control, Los
Angeles County Health Department, California Disabled Access Standards
(Government Code Title 24), and Los Angeles County National Pollutant
Discharge Elimination System Permit (NPDES).
18. 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
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development or activity not in full compliance shall be a violation of these
conditions.
19. 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.
20. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the
reason therefore, at least 60 days prior to the expiration date. No additional
notice of expiration will be provided.
Section 7. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the
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
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found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
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To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of these Conditions.
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Section 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the decision of the Planning Commission, after a formal appeal to the City Council,
must be made within 90 days after the final decision by the City Council.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Flaherty,Hoffman,Saemann
Comm.Allen,Chmn.Pizer
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-28 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
meeting of November 17, 2015.
Ron Pizer, Chairman
November 17, 2015
Date
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P.C. Resolution 15-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A VESTING
TENTATIVE PARCEL MAP #73205 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 710-712 ARDMORE AVENUE, LEGALLY DESCRIBED AS
LOT 7, DR DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140,
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 August 24, 2015 by the property owner/applicant
Patti Nernberg for development of property located at 710-712 Ardmore Avenue, seeking
approval of Conditional Use Permit 15-10, Precise Development Plan 15-13, and Vesting
Tentative Parcel Map #73205 for a two -unit detached residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on October 20, 2015, 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 a detached
garage, and develop a two -unit detached residential condominium project.
2. The subject property contains approximately 4,367 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:
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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 southwest 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 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 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.
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Section 6. Based on the testimony and evidence received, the Planning Commission
• makes the following findings pertaining to the application for Conditional Use Permit and
Precise Development Plan pursuant to Sections 17.40.020 and 17.58.030 of the Municipal Code.
•
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12. The proposal is consistent with the General Plan 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 detached residential
condominium project with Units A and B containing three levels. Parking for each unit is
provided by a two -car garage located near the center of the lot and is accessed via Ardmore
Avenue. One (1) guest parking space, to be shared by both Units A and B, is located south
west of the lot and adjacent to Unit B.
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 is provided on southwest facing decks on the second story and a roof deck
at the east portion of the unit. Open space for Unit B is provided on southwest facing third
story deck and a roof deck at the east portion of the 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, the 30 feet height limit is met, 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.
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Section 7. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map
for a 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
October 20, 2015, 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.
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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. 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)
c) The applicant/architect shall work with Staff to incorporate landscaping on the
west portion of the property along Ardmore Avenue.
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 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 shallinfiltrate 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
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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, 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 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.
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.
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19. 16 feet wide driveway approach is required.
11 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 for two units in lieu of onsite parkland
dedication pursuant to Chapter 16.12.
22. Prior to approval of the Final Map, and prior to issuance of a Certificate of
Occupancy, outstanding assessments must either be paid in full or apportioned to
any newly created parcels. Notice of same shall be provided to the Community
Development Director. Assessment payoff amounts may be obtained by calling the
City's Assessment Administrator at (800) 755-6864. Applications for
apportionment may be obtained in the Public Works Department.
Construction
23. Prior to issuance of a Building Permit, abutting property owners and residents
within 100 feet of the project site shall be notified of the anticipated date for
commencement of construction.
• a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
•
b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
24. Project construction shall conform to the Noise Control Ordinance requirements
in Section 8.24.050. Allowed hours of construction shall be printed on the building
plans and posted at construction site.
25. Traffic control measures, including flagmen, shall be utilized to preserve public
health, safety, and welfare.
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.
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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 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.
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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,Hoffman,Saemann,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-27 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
meeting of October 20, 2015.
P,/iV
Ron Pizer, Chairman
October 20, 2015
Date
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An Ro e 'fin, Secretary
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P.C. Resolution 15-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A AND VESTING
TENTATIVE PARCEL MAP #73616 FOR A THREE -UNIT
CONDOMINIUM PROJECT AND DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AT 650-704 LOMA DRIVE,
LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK "H", TRACT NO. 1686,
M.B. 20-188, 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 on August 24, 2015 by property owner/applicant
Gary Lane/Adam Barshay with Loma HB Investment Group, LLC for development of property
located at 650-704 Loma Drive, seeking approval of Conditional Use Permit 15-9, Precise
Development Plan 15-12, and Vesting Tentative Parcel Map #73616 for a three -unit detached
residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on October 20, 2015, 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 3 existing detached units, including one
residence on 704 Loma Drive and two units on 650 Loma Drive to be merged, and develop a
three -unit detached residential condominium project.
2. The subject property contains approximately 5,500 square feet of land area, 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 zoning designation 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 three -unit detached residential condominium project with
Units A and B containing three levels and Unit C containing a basement and three levels.
Each unit provides a two -car garage. The Unit A garage faces Loma Drive and provides two
(2) guest parking spaces in tandem with the garage. The garages for Units B and C are in the
center of the lot, accessed from a driveway extending from Loma Drive along the southerly
side yard. One (1) guest parking space, to be shared by Units B and C, is located to the south
of Unit B. An additional two (2) guest parking spaces, designated for Unit A, are located
upon the driveway leading to the Unit A two -car 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
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 Loma Drive and 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 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 will 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.
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11. The granting of the subdivision will result in division of a conforming sized and configured
lot into airspace for condominium units of size and design conforming to the R-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.
12. The proposal is consistent with the General Plan Medium Density Residential designation
and R-2 zoning designation 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 three -unit detached residential
condominium project with Units A and B containing three levels and Unit C containing a
basement and three levels. Each unit provides a two -car garage. The Unit A garage faces
Loma Drive and provides two (2) guest parking spaces in tandem with the garage. The
garages for Units B and C are in the center of the lot, accessed from a driveway extending
from Loma Drive along the southerly side yard. One (1) guest parking space, to be shared by
Units B and C, is located to the south of Unit B. An additional two (2) guest parking spaces,
designated for Unit A, are located upon the driveway leading to the Unit A two -car garage.
14. Unit A contains 2,309 square feet of habitable area, Unit B contains 2,236 square feet of
habitable area, and Unit C contains 2,511 square feet of habitable area. The total area for
Units A, B, and C including garages and deck/balcony areas is 3,511 square feet for Unit A,
3,490 square feet for Unit B, and 3,494 square feet for Unit C.
15. All three units comply with Section 17.14.080 and provide a minimum of 300 square feet of
open space per unit. Open space for Unit A is provided on southwest facing decks on the
second and third story and a roof deck at the northeast portion of the building. Open space for
Units B and C are provided on south facing second and third story decks and roof decks at
the north portion of the buildings. Additional open space is provided on grade between units,
at the rear yard of Unit C, and in the form of partially covered entry courtyards.
16. 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.
17. 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.
3
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18. 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
1,730 square feet, the 30 foot height limit is met, and the front setback meets the 5 foot
minimum required. Decks and outdoor gathering areas are predominantly located on the
second and third stories and roof
19. 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 October 20, 2015, revised in accordance with the conditions below. The
Community Development Director may approve minor modifications that do not
otherwise conflict with the Hermosa Beach Municipal Code or requirements of
this approval.
2. The project shall fully comply with all requirements of the R-2 zone as applicable
and the Condominium Ordinance in Chapter 17.22 of the Municipal Code,
including but not limited to:
a) Height including required roof deck railings shall fully comply with the 30 -foot
height limit. Precise building height compliance shall be reviewed at the time of
Plan Check, to the satisfaction of the Community Development Director.
b) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
c) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural
plans and reviewed at the time of Building Division Plan Check.
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
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f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site
plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be
reviewed and approved by the Community Development Director 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) Nine (9) parking spaces shall be maintained on-site. All parking spaces shall
remain available for parking and shall not be used for storage or other purposes.
Storage of boats, trailers, and recreational vehicles shall not be allowed.
c) Two guest parking spaces shall be provided on the driveway of the garage
fronting Loma Drive to be used by Unit A fronting Loma Drive.
d) One guest parking space shall be maintained to the south of Unit B to be shared
by Units B and C.
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
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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 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.
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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, 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. 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 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.
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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 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.
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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 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")
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from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES: Comms.Allen,Flaherty,Saemann,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT: Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-26 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
meeting of October 20, 201
Ron Pizer, Chairman
October 20, 2015
Date
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n Robertson, Secretary
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PC RESOLUTION NO. 15-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT
PLAN TO ALLOW A 30,250+ SQUARE FOOT HOTEL WITH 30 GUEST ROOMS
AND COMMON AREAS ON AN UNDEVELOPED 11,516+ SQUARE FOOT LOT;
CONDITIONAL USE PERMIT TO ALLOW ON -SALE GENERAL ALCOHOL
FOR HOTEL GUESTS IN GUEST ROOMS RESTRICTED TO MINI -BARS; AND
A PARKING PLAN TO ALLOW A VALET PROGRAM AND PARKING IN
TANDEM; AND ADOPTION OF MITIGATED ENVIRONMENTAL NEGATIVE
DECLARATION AND MITIGATION MONITORING PLAN, AT 1429 HERMOSA
AVENUE, LEGALLY DESCRIBED AS LOTS 15 THRU 18 BLOCK 15, CITY OF
HERMOSA BEACH.
Section 1.. An application was filed by Hermosa Beach Parking Company, LLC seeking approval
for a Precise Development Plan, Parking Plan, and Conditional Use Permit to allow a 30,250± square foot
30 -room hotel with parking in tandem, and on -sale general alcohol in guest rooms and in designated
common areas of the hotel at 1429 Hermosa Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for the Precise Development Plan 15-11, Parking Plan 15-7, and Conditional Use Permit 15-
10 on October 20, 2015, at which 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, both oral and written, the
Planning Commission makes the following findings:
1. A Precise Development Plan is proposed to construct a three-story 30,250± square foot hotel with 30
guest rooms, and other common areas on a vacant lot at 1429 Hermosa Avenue. The ground level
consists of a parking garage with 37 parking spaces, the front desk and lobby, a commercial kitchen,
and a food service area for use by hotel guests only. The second level consists of 15 hotel rooms,
restroom, and a multi -function room of approximately 336 square feet that can be used for activities
for hotel guests only. The third level consists of 15 hotel rooms, fitness room, and an open air
patio/spa/sitting room of approximately 600 square feet at the northeast corner of the building that
can be used by hotel guests only. The restricted use of all facilities to hotel guests only is to reduce
impacts to the surrounding area such as noise, disturbances and overconcentration of alcoholic
beverages, and parking availability and these restrictions are appropriate and will reduce impacts to
the surrounding area and parking supply.
2. A Conditional Use Permit is proposed to allow on -sale general alcohol in the guest rooms (mini -
bars).
3. A Parking Plan is proposed to allow a valet parking program, tandem parking, and exclusion of
common areas from parking requirements. The proposed project contains 37 onsite spaces on the
ground level, 24 of which are tandem, nine (9) of which are standard orientation and four (4) of
which are located in the drive aisle.
4. The project site is a vacant C-2 zoned property located on Hermosa Avenue between 15th Street
and 15th Court on the northerly edge of the downtown area. Hotel operations are permitted by
right in the C-2 zone. The property is designated Commercial Recreation (CR) in the General
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Plan and Coastal Land Use Plan. A payment of one in -lieu parking fee to offset loss of one on -
street parking meter on 15t Street is appropriate.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the following
findings for a Precise Development Plan pursuant to H.B.M.C. Section 17.58.030:
A. Distance from existing residential uses in relation to negative effects: Surrounding the project site are
commercial and multi -family uses north of 15th Street and south of 15t Court (C-2), an apartment
building to the immediate west (R-3), and multi -family north of 15th Street (R-3) and east of Hermosa
Avenue (R-3). Some residential uses on the south side of 15th Court, zoned C-2, are legal
nonconforming. Compatibility with surrounding residential properties is discussed below.
Lighting:
The project is located within a developed urban area currently subject to the effect of night -lighting.
Recessed linear LED lights proposed on the south side of the building and a backlit sign are located
directly across from commercial and residential uses. While the site is located on a well -lighted
commercial street, wall mounted luminaires may create a glow that is obtrusive to residences to the
south, north and west.
To reduce fugitive light and glow and their effects on nearby uses, exterior lighting is conditioned so that
architectural lighting on the building facade and elevations shall not utilize tube -type lighting, however,
low intensity lighting projected onto the building may be used. In addition, conditions restrict lighting on
the south, north, and west sides of the building across from residential. To reduce the effect of
headlamps in the parking area, a condition is included directing the valet service to turn off headlamps
when vehicles are parked in the queuing lane. On this basis impacts relating to lighting are not
significant.
Traffic, Circulation and Parking:
The route of travel will maintain previous patterns prior to termination of prior commercial use. Onsite
parking for the project will be accessed via a two-way driveway with 25 foot wide encroachments on 15t
Street and 15t Court. Residential uses are located north and south of the driveway encroachment and the
apartment building to the west is adjacent to the parking area. The proposed use is a low traffic generator.
Minimal service/delivery vehicles will be required as the business is not involved in high turnover
commodities. Vehicles will enter primarily via 15th Street and exit primarily via 15th Court. Adequate
parking for the use is provided, to mitigate the loss of one metered on street park space an in -lieu shall be
required„ measures to ensure smooth local circulation patterns are made conditions of the project, and a
valet management program will be used. Deliveries will occur in the early morning generally before
9:00 a.m. where on street parking on Hermosa Avenue should be available. The project is conditioned to
reduce impacts associated with glare from headlamps. Appropriate conditions are applied to reduce
impacts as discussed below.
Noise and disturbances:
The primary use is a hotel with onsite facilities for use by hotel guests only. While use of general alcohol
may be offered in guest rooms (mini -bar) without adverse impacts, the provision of alcohol in common
areas, and three spaces that may be used by hotel guests and their guests, may result in adverse impacts
such as noise and disturbances to the surrounding area, which exhibits an overconcentration of alcoholic
beverage establishments. Therefore provision of alcohol is limited to min -bars in guest rooms. Use of
spaces/facilities by hotel guests will cease by 10:00 p.m., and the project is conditioned to reduce any
noise or disturbance impacts as further discussed under Conditional Use Permit. Construction noise will
not cause significant impacts with compliance with the Noise Ordinance and as indicated under Item G.
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B. The relationship of the estimated generated traffic volume and the capacity and safety of streets
serving the area: The project fronts Hermosa Avenue, which provides the primary north -south
circulation through downtown. Driveway encroachments on 15t Street and 15t Court are proposed to
provide 2 -way access to the site. 15t Court terminates at Noble Park and 15th Street terminates at the
Strand.
The Traffic Impact Study prepared by Linscott, Law, & Greenspan Engineers was reviewed by the City's
Traffic Engineer and found to be appropriate. Based on. Traffic Impact Study findings levels of service at
most of the eight (8) study intersections throughout the City would not change or incremental change
would not be significant and all intersections would remain at LOS C or better. While impacts are not
significant, recommendations of the Study are incorporated as project conditions to facilitate access, with
the exception of a recommendation to direct vendors to utilize the designated on street meter parking
space(s) along the Hermosa Avenue property frontage to limit potential conflicts between
service/delivery vehicles with pedestrians and bicyclists. While the Study suggests modifying two
on -street meter spaces on Hermosa Avenue to be used by service/delivery vehicles with signage
stating, "No Parking Except Trucks" for identified service and delivery times, the project is
alternatively conditioned to direct service and deliveries to off-peak hours before 9:00 a.m. when
metered spaces are generally available. Pedestrian/bicycle accommodations maintain the existing
vibrant pedestrian environment around the site including a pedestrian oriented facade with entrance from
the sidewalk and bicycle rack at the corner of 15t Court and Hermosa Avenue to encourage bicycling
and the project is conditioned to supply bike parking for a minimum of 10 bikes in an accessible location,
excluding the five foot rear setback.
C. The amount of existing or proposed off-street parking in relation to actual need: The Traffic Impact
Study prepared by Linscott, Law & Greenspan finds that 30 proposed onsite parking spaces will be
adequate for all parking demands of the hotel. The applicant amended plans to provide 33 spaces plus 4
spaces in the drive aisle.
D. The combination of uses proposed, as they relate to compatibility: The primary use is a hotel with
onsite facilities for use by hotel guests. The provision of hotel facilities for the convenience and
enjoyment of hotel guests is typical and compatible. General alcohol may be offered in guest rooms
(mini -bars) and on that basis alcohol will be incidental to hotel operations, and the hotel will not operate a
bar, restaurant or nightclub. Limiting use of common facilities and multi-purpose rooms to a low
occupancy (20 persons per area or less if restricted by code) and to a 10:00 p.m. cutoff ensures guests
will not be disturbed in the late evening and the activities will not morph into a more intensive use. As
conditioned, the proposed combination of uses including potential for limited alcohol service, do not pose
compatibility concerns with the primary hotel use.
E. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in
the area: Pursuant to Section 17.26.050 regulating development in C-2 zones, the building will
conform to the 30 foot height limit, a five foot setback is provided along the rear yard since the
project site abuts a residentially zoned property with an apartment complex, and this setback will be
landscaped and provided with an automatic watering system. Elevator housing and ventilation fans
are proposed to exceed the 30 height limit by as much as six (6) feet. Pursuant to Section 17.46.010,
these elements are permitted to exceed the height limit in commercial zones by no more than eight (8)
feet as long as they occupy no more than five (5) percent of the roof area. The project is conditioned
to ensure the building does not exceed 30 feet in height and the elevator housing and ventilation fans
are compliant with height exceptions outlined in Section 17.46.010. Additionally, a 6 -foot high
painted block wall is proposed along the property line adjacent to the apartment complex to the west,
with a gate to limit unauthorized use of the required landscaped area between the property line and
the hotel building.
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Architecture in the surrounding is varied and there is no theme or historic buildings (the closest is the
Bijou Building) located in the immediate area. Hotel lighting is conditioned to be compatible and
nonintrusive. The project proposes to install canopies over the sidewalk on the south and east sides of
the building and landscape within the public right-of-way, requiring an encroachment permit from the
Public Works Department.
A vertical sign with backlit letters facing Hermosa Avenue is proposed. Section 17.50.130 limits total
sign area to two square feet for each foot of lineal building frontage (95 feet x 2= 190 square feet).
Signs specifications for have not been submitted. The project is conditioned to require a sign permit in
substantial compliance with the conceptual sign proposal per Chapter 17.50 `Signs.'
F. Building and driveway orientation in relation to sensitive uses: Impacts relating to residential uses are
addressed above and in other sections. There are no other sensitive uses in the surrounding area.
G. Noise, Odor, dust and/or vibration that may be generated by the proposed use: During the construction
phase of the project, noise standards set by the City's General Plan are not anticipated to be exceeded.
The applicant has stated that project construction will take approximately one year. Per compliance with
8.24.050 and 8.24.040(I) noise is not anticipated to be significant. The project is also conditioned to
require that construction equipment shall be well maintained and a no idling requirement will be
implemented. HVAC systems are conditioned to not create decibel levels higher than 45 decibels at any
property line.
The main entrance of the hotel faces Hermosa Avenue, a four lane, 100 foot -wide, well -traveled urban
collector that will provide a noise buffer between residential properties to the east of the project site.
Guest room balconies on the north, south, and west side of the hotel will be monitored by hotel staff to
ensure noise is not an issue.
H. Impact of the proposed use to the city's infrastructure, and/or services: The applicant proposes solar
panels on the roof to reduce electrical demand. A screened solid waste facility is provided along 15th
Court as shown on the submitted plans. Public Works Department recommendations are incorporated
as project conditions: Impacts on police services relating to project design are not anticipated.
I. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms: No
additional impacts are identified.
Section 5. Based on the foregoing factual findings, the Planning Commission makes the following
findings for a Conditional Use Permit pursuant to H.B.M.C. Section 17.40.020:
A. Distance from existing residential uses: The hotel will not operate a bar, restaurant or nightclub. In -
room mini -bars may be provided and this limitation will reduce potential adverse impacts.
Potential noise impacts to nearby residences generated by hotel guests who may be returning to the hotel,
especially walking from the downtown area are reduced to insignificant levels by standard conditions in
Section 17.40.080(A) and requiring hotel staff to regularly monitor the project site in an effort to deter
loitering, unruly behavior, or activities that may disturb neighboring residential uses. Closure of the
business center/multi-purpose rooms and spa/open air patio/sitting room by 10:00 p.m. will reduce other
impacts.
Noise and headlamps from vehicles accessing and leaving the hotel in the late evening affecting adjacent
residential uses will be minimal as is anticipated that vehicle movements in the late evening would be
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minimal and the valet service will be required to turn off headlamps when vehicles are parked in the
queuing lane.
B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed
use: As discussed under the Parking Plan, parking should be adequate.
C Location of and distance to churches, schools, hospitals and public playgrounds: Such uses are
generally daytime uses while hotel activity typically peaks during the evening hours. No impact to
churches, schools, and public playgrounds is anticipated.
D. The combination of uses proposed: The combination of uses is evaluated under the Precise
Development Plan. No concern with the combination of uses was identified.
E. The number of similar establishments or uses within close proximity to the proposed establishment:
The downtown area is home to two other hotels (Grandview Inn, Beach House Inn), a motel (Sea Sprite
Motel), and a hostel (Surf City Hostel). The provision of common areas and allowance for alcohol inside
rooms via mini -bars makes the proposed hotel unique from the other hotels in the downtown area except
for the Beach House Inn which was granted on -sale general alcohol sales in 2001 limited to in -room
mini -bars and within private banquet rooms limited to use by hotel guests (including their guests).
F. Will the establishment create a concentration of similar outlets in the area: The downtown area
houses four lodging establishments. With the variety of existing uses in the downtown area and the
geographically distribution of hotels, there is not currently and the hotel will not create a concentration of
hotels.
G. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of
the use with surrounding uses: The applicant proposes to limit hours for use of common facilities to
10:00 p.m. daily. However this resolution further limits alcohol to in -room mini bars only in order to
reduce potential late evening activity and its potential disturbances.
H. The relationship of proposed business generated traffic volume and size of streets serving the area:
This issue was evaluated under the Precise Development Plan application. The request for a CUP to be
allowed to provide general alcohol has no bearing on this factor.
I. The proposed exterior signs and decor, and compatibility with existing establishments in the area: No
issues relating to the CUP are identified.
J. Noise, odor, dust and/or vibration that may be generated by the proposed use: Guest room balconies to
the north, south, and west side of the hotel and the spa/open-air patio/sitting room on the third floor face
neighboring residential uses and could potentially impact neighboring residential uses. The guest room
balconies will be regularly monitored by hotel staff to ensure compliance with City noise standards and
compatibility with the surrounding uses. Alcohol provision is limited to in -room minibars thereby
ensuring the primary use of the property as a hotel and not as an alcohol serving establishment .
K Impact of the proposed use to the City's infrastructure, and/or services: Limiting alcohol to in -room
mini bars is not anticipated to impact City infrastructure. Impacts to police services have been an issue
relating to late night alcohol serving facilities. However, the proposed use is a hotel, without a restaurant,
bar or nightclub, and with accessory facilities whose use will cease by 10:00 p.m. Therefore impacts to
police services are not anticipated. The project is further conditioned to require monitoring by hotel
personnel and remedies should unanticipated activity occur.
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L. Other considerations that, in the judgment of the city council, are necessary to assure compatibility
with the surrounding uses, and the city as a whole: No other considerations are identified.
Section 6. Based on the foregoing factual findings, the Planning Commission finds that parking
supply and management is adequate to meet demand as follows pursuant to H.B.M.C. Section 17.44.210.
The project proposes to supply 37 spaces, with 24 spaces in -tandem, nine (9) standard orientation spaces and
four (4) spaces located in the drive aisle of the parking garage and 24/7 valet managed parking. Per Section
17.44.030(11) "Off-street Parking -Commercial or Business Uses" hotels require 1 space for each unit for the
first 50 units, and hotels with facilities including restaurants, banquet rooms, conference rooms, commercial
retail uses and similar activities shall compute parking for the various uses separately. Per the Traffic Impact
Study the small scale of the proposed hotel facilities, limited to use by hotel guests only, do not constitute
separate use types with additional parking demand, therefore the required parking demand is 30 spaces.
The project site lies on the edge of the parking impacted downtown. Three hour parking from 10:00 a.m.
to 10:00 p.m. is generally allowed along both sides of 15th Street, no parking is allowed along 15th Court;
24 hour parking is allowed along 15t Street near the project site with resident parking passes, and 3 -hour
metered parking from 10:00 a.m. to 10:00 p.m. is located along Hermosa Avenue.
Along with the proposed 30 room hotel the proposed building will have a first floor "breakfast area" and
second floor business center to be used by hotel guests only. The guest breakfast area is located on the
east side of the first floor facing Hermosa Avenue. A kitchen layout plan provided by the applicant
shows a full range, oven, prep area, and a hood adjacent to the buffet area and lounge area on the first
floor. The applicant states that the "breakfast area" will be used by hotel guests only and not open to the
public. The project is conditioned to require all transactions for food and beverage to be charged to a
hotel room so as to reduce the likelihood outside patrons would use the facilities. Additional parking
demand because of the food service area designated for hotel guests only is not anticipated.
Approval of the Parking Plan allows tandem spaces together with a valet program for a visitor serving
use, as well as payment of an in -lieu fee to mitigate the loss of one on -street parking space, is consistent
with the following guidance:
Coastal Land Use Plan:
• To recognize the unique parking needs of the pedestrian oriented downtown business area -which
are less than a typical commercial area ... (Parking Access Summary, Goals and Objectives #6,
page 3.)
• The City should not allow the elimination of existing on -street parking or off-street parking
spaces within the coastal zone... In the pedestrian oriented downtown commercial district
alternatives to providing parking to meet increased demands for use should be allowed, to
encourage alternative to using motorized vehicles and to encourage improvement and
enhancement of visitor serving business activities. (Existing Policies and Programs, 1st policy
listed, pages 3 and 4).
Section 7. Pursuant the California Environmental Quality Act and CEQA Guidelines and the City's
CEQA Guidelines, the following findings are made:
1. The Staff Environmental Review Committee prepared an Initial Study of the potential
environmental effects of the proposed project. Based upon the Initial Study, the Committee
determined that there was no substantial evidence, in light of the whole record before the City,
that the project would have a significant effect on the environment and no mitigation measures
were incorporated.
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2. A Notice of Completion of a Draft Negative Declaration was circulated to the State
Clearinghouse (No. 2013031049) to responsible and trustee agencies and by legal notice for the
required 30 day period. The Negative Declaration was revised to a Mitigated Negative
Declaration in response to comment by the Gabrieleno Band Of Mission Indians/Kizh Tribe Of
the Los Angeles Basin, Orange County and the Channel islands, and the Gabrielino-Tongva Tribe
that the proposed project is within a highly culturally sensitive area and within prehistoric village
sites, to require onsite certified Native American monitors on the Certified, Sanctioned Most
Likely Descendants (MLDs) and Insured Monitors list during all ground disturbances.
3. Pursuant to CEQA Guidelines Section 15073.5, the Mitigated Negative Declaration may be
adopted without recirculation because the document has not been substantially revised and
additional mitigation measures in response to public comments have been made conditions of
project approval.
4. Pursuant to CEQA Guidelines Section 15074, the Planning Commission has reviewed the
Mitigated Negative Declaration and all comments received regarding the Mitigated Negative
Declaration. Based on the whole record, the Planning Commission finds that: (i) the Mitigated
Negative Declaration was prepared in compliance with CEQA; and (ii) there is no substantial
evidence that the proposed project will have a significant effect on the environment with the
mitigation measures incorporated. Based on these findings, the Planning Commission hereby
adopts the Mitigated Negative Declaration prepared for the proposed project, filed at the City of
Hermosa Beach Community Development Department, 1315 Valley Drive, Hermosa Beach, CA
90254, incorporating Condition of Approval #22.
Section 8. Based on the foregoing, the Planning Commission hereby approves Precise
Development Plan 15-11, Parking Plan 15-7, and Conditional Use Permit 15-10 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 October 20, 2015, except as may be
required to comply with these conditions and codes. 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.
a) All hotel guestrooms shall comply with Section 15.04.060 regulating room size.
b) Mechanical equipment associated with heating, ventilating, and air conditioning (HVAC)
systems shall be designed, located and operated so as to not exceed 45 decibels at any
property line.
c) All roof equipment shall be located and designed to be screened from public view and
any portion that exceeds the height limit shall not cover more than 5% of the roof area.
d) Plans shall reflect that use of all spaces within the hotel are for use of hotel guests and
not for use by the general public.
f) The installation of a conduit from the service panel to the roof shall be required to assist
and encourage the installation of roof mounted energy collection/generation devices.
Said electric service panel shall be of adequate size to provide capacity for the future
addition of photovoltaic and solar thermal, or other equivalent alternative energy
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producing device(s). Solar panel installations and other roof attachments shall conform
to the provisions of Section 15.04.084.
2. 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 and prior to Certificate of Occupancy, to the satisfaction of the Community
Development Director.
3. 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 City Council and the conditions of
this resolution, and approved by the Community Development Director prior to the
issuance of any Building Permit.
4. Plans shall comply with all requirements of the Public Works, Building and Fire
Departments and additionally the project shall:
a) Construct new curb and gutter on Hermosa Avenue and 15th St.
b) Construct new sidewalk on Hermosa Avenue and 15th St.
c) Construct handicapped ramp at 15th St/Hermosa Avenue and 15th Ct./Hermosa Avenue.
d) Construct an onsite infiltration system in compliance with Chapter 15.48.020.
e) Grind 2" AC and overlay pavement on 15th Street, property line to property line to the
center of 15th Street. Reconstruct or grind 2" and overlay AC entire length of property
on 15th Ct. Reconstruct cross gutters at 15`h Ct. and 15th Street and Hermosa Ave. to
match new grade.
f) On civil plans, show all site drainage lines and termination points via curb drains, show
sewer lines (minimum of 2 sewer laterals required), and show underground utility lines.
g)
An encroachment permit shall be required to allow canopies, bicycle racks and
landscaping encroaching into the public right-of-way prior to issuance of building
permit.
5. Encroachments permits shall be obtained from the Public Works Department for all
improvements and work within the public right-of-way prior to commencement of work.
6. Two copies of a Final Landscaping 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, Planning Division for review
and approval prior to the issuance of Building Permits. The Final Plan shall also include the
following:
a) The plan shall comply with Municipal Code Sections 17.22.060(H)(3) and 8.60.070 to the
satisfaction of the Community Development Director.
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b) An automatic landscape sprinkler system consistent with Municipal Code Section
17.22.060(H) (3) shall be provided, and shall be shown on plans (Building Permits are
required). Only drip irrigation shall be used.
7. Plans and operations shall comply with Municipal Code Chapter 8.56 Water Conservation
and Drought Management Plan.
8. All exterior lights shall be designed, located and oriented in a manner to insure that
neighboring residential property and public right-of-way shall not be adversely affected.
Exterior architectural lighting on the building facade and elevations shall not utilize tube -type
lighting; however, low intensity lighting projected onto the building may be used. All other
exterior lighting shall be down cast, fully shielded and illumination shall be contained
within the property boundaries. Lamp bulbs and images shall not be visible from within
any offsite residential unit. Light intensity shall be the minimum necessary for the intended
purpose. 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. The plans shall be prepared and signed by a licensed Electrical Engineer, with a
letter from the engineer stating that, in the opinion of the engineer, this requirement has
been met.
9. A Standard Urban Storm Water Mitigation Plan shall be submitted in full compliance with
Municipal Code Chapter 8.44 `Stormwater and Urban Runoff Pollution Control
Regulations' and 15.48 `Green Building Standards'. Said approved 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.
10. A Sign Permit shall be obtained prior to issuance of certificate of final occupancy.
Signage shall comply with Municipal Code Chapter 17.50 (Signs) and be substantially
consistent with conceptual signage on project plans approved on October 20, 2015.
11. Project design and the driveway encroachment onto 15`h Street shall be configured to
minimize loss of on street parking. One in -lieu fee in the amount of $28,900 to mitigate the
loss of one on street parking space shall be paid to the City prior to issuance of the
Certificate of Final Occupancy. All costs associated with relocation of on -street parking
spaces, meters and signage shall be borne by the applicant.
12. A parking management plan shall be submitted for review and approval of the Community
Development Director prior to issuance of any building permit consistent with this permit and
the Coastal Development Permit.
a) Employees shall not be prohibited from parking onsite. Employee parking permits
shall be paid for by the hotel management for employees that desire them, and this
information shall be provided to all employees as a benefit of employment.
b) The parking management plan shall provide details on the 24-hour valet parking
operations.
c) A 24-hour per day onsite valet service shall manage all onsite circulation and parking.
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d) No charge shall be made for onsite parking at any time.
• e) The valet service shall minimize fugitive light from headlamps and emissions by turning off
•
vehicles and their headlamps and when vehicles are in the queuing lane.
f) Hotel guests, visitors, employees and service providers shall be directed to utilize the
15th Street project driveway to access the site and directional signage shall be provided
to this effect. Valet service shall not be provided to assist guest arrival and
loading/unloading from the public right-of-way. Signage shall direct guests to pull into
the garage for arrival and loading/unloading.
g)
Vendors shall be directed to access the site during off-peak hours when they may park
onsite or when metered spaces are not likely to be occupied.
h) The site shall be operated so as to avoid stopping over the sidewalk and queuing onto
public right-of-way.
i) Install appropriate pavement markings (i.e., stop bar with STOP legend) on the project
drive aisle just south of the public sidewalk to ensure that motorists stop prior to the
sidewalk along 15th Street and at the 15th Court project drive aisle before exiting the site.
Install a pavement left turn arrow prior to the stop bar/STOP legend on the 15th Court
project drive aisle to reinforce the left turn only movement for motorists exiting the site.
j)
k) Provide bicycle parking on the ground level of the project site in a readily accessible
location(s). A durable secure facility accommodating a minimum of 10 bicycles shall be
provided in the approximate location shown on the plans. Should it be relocated, the
location shall provide an equivalent level of security and accessibility, provided that
bicycle facilities shall not be located within the five foot rear yard setback.
1) The business shall prominently display on the hotel website and in the lobby
information on local biking, transit, electric vehicle charging stations, and other
alternative transportation modes. One electric vehicle charging station shall be
provided as shown on the plan submitted October 20, 2015.
m) A plan to stage and manage of parking for construction vehicles and workers to
minimize impacts on parking supply and adjoining uses shall be provided.
13. The primary use is a hotel. The provision of alcoholic beverages is restricted to mini -bars in
guest rooms.
14. Accommodations shall not be rented by guests for more than 30 consecutive days.
15. No entertainment, speakers, or televisions are allowed on the exterior of the building, in the
open-air areas, or on guest room balconies. No live entertainment is permitted in the
building. The applicant will work with staff to designate an on -premises smoking area
which provides on premises smoking in lieu of use and impacts to the public -right-of-way
to the satisfaction of the Community Development Director.
16. Use of the food service area on the first floor, and the multi -function room on the second levels,
• and the spa/patio/sitting room on the third level shall cease no later than 10:00 p.m. daily.
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Each of these spaces may be occupied by not more than 20 people at any one time, unless
further restricted by code. These three spaces may be used for activities limited to hotel guests
(including their guests).
17. The business shall provide adequate staffing, management and supervisory techniques to
prevent loitering, unruliness, and boisterous activities of the patrons outside the business
and on balconies outside guest rooms.
18. The business and its uses shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
19. Should the Police Chief determine that a continuing police problem exists, he/she may,
subject to appeal to the Planning Commission, direct the presence of a police approved
security personnel to eliminate the problem. An appeal to the Planning Commission shall
be heard within sixty (60) days of filing the appeal. The Police Chief's determination will
not be stayed during the pendency of the appeal. If the problem persists, the Police Chief
then shall submit a report to the Planning Commission, which will automatically initiate a
review of the conditional use permit.
20. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
21. An approved Coastal Development Permit issued by the California Coastal Commission
shall be filed with the City prior to commencement of any work whatsoever. The project and
its operation shall comply with all Coastal Commission requirements, including but not limited
to submittal of the Coastal Development Permit issued by the California Coastal
Commission for development at 1429 Hermosa Avenue prior to issuance of grading shoring
and construction permits, and provision or payment of any fee required in lieu of provision of
low to moderate cost overnight visitor accommodations.
22. The project shall comply with the 65% demolition debris recycling requirement set for the
in Section 15.48.020.
23. A certified Native American monitor(s) shall be onsite at all times during ground
disturbances. All contractors shall be advised of this condition and it shall be prominently
displayed on project plans. The applicant/contractor shall contact the Chairman of
Gabrieleno Band of Mission Indians/Kizh Tribe of the Los Angeles Basin, Orange County
and the Channel Islands and Gabrielino-Tongva Tribe at the time that a grading, shoring
or any other building or construction permit is applied for, and in no case less than least 90
days prior to commencement of any work to arrange for monitors. Should human remains
be recognized or discovered during any phase of the project, all work shall cease and the
procedures set forth in Health and Safety Code Section 7050.5 shall be followed in addition
to any other requirements of state or federal law. The Community Development Director
shall also be notified. The reasonable costs of such monitors as determined by the City and
any resulting mitigation required by the City or by law shall be borne by the applicant.
Prior to issuance of any construction permit, the project applicant shall provide
documentation to the Community Development Director that the procedures above have
been followed. Prior to issuance of Certificate of Final Occupancy, applicant shall submit a
report of final compliance to the Community Development Director.
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24. 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.
25. 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.
26. Construction equipment shall be well maintained and a no idling requirement will be
implemented.
27. The project and operation of the business shall comply with all applicable requirements of
the Municipal Code.
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. 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.
30. The Planning Commission may review this Conditional Use Permit or Precise Development
Plan or 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.
Section 9. This grant shall not be effective for any purposes until the permittee and the owners of
the property involved have filed at the office of the Planning Division of the Community Development
Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this
grant. The Precise Development Plan, Parking Plan, and 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
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(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.
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 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of
the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
VOTE:
AYES: Comms.Flaherty,Hoffman,Saemann,Chmn.Pizer
NOES: Comm.Allen
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-25 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 October 20,
2015.
Ron Pizer, Chairman
October 20, 2015
Date
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P.C. Resolution 15-24
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 #73730 FOR A TWO -UNIT CONDOMINIUM
PROJECT AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AT 1085-1087 MONTEREY
BOULEVARD, LEGALLY DESCRIBED AS THE SOUTHEAST THREE
FEET OF LOT 28 AND ALL OF LOT 29, BLOCK 48, 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 on July 21, 2015 by property owner Tom and Lisa
Parks for development of property located at 1085-1087 Monterey Boulevard, seeking approval
of Conditional Use Permit 15-8, Precise Development Plan 15-10, and Vesting Tentative Parcel
Map #73730 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 September 15, 2015, 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 map to demolish an existing duplex and develop a two -unit attached
residential condominium project.
2. The subject property contains approximately 4,300 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 Tract Map
1
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. The proposal is consistent with the General Plan High Density Residential designation
and R-3 Multiple Family Residential 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.
2. The site is physically suitable for a two -unit attached residential condominium with both
units containing three levels. Both Unit A and Unit B contain two -car garages. One (1)
designated guest space for Unit A is provided to the west of the lot, along Bayview Drive. The
two (2) designated guest spaces for Unit B are provided in tandem with a garage, located east of
the lot, along Monterey Boulevard.
3. 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 8.60.070(B)(7) and any
additional non -percolated or retained storm water will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Monterey Boulevard and Bayview Drive and does not
exhibit dedicated public easements; therefore, the subdivision and improvements will not conflict
with easements acquired by the public at large for access through or use of property within the
proposed subdivision.
5. 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 is consistent with City decisions pertaining to
residential development.
6. 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.
7. The design of the subdivision or 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).
8. 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.
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9. 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:
1. The proposal is consistent with the General Plan High Density Residential designation
and R-3 Multiple Family Residential 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.
2. The site is zoned R-3 and is physically suitable for a two -unit attached residential
condominium. Both units contain 3 -stories and a two -car garage. Unit A contains one guest
space and Unit B contains two guest spaces. Unit A contains 3,070 square of habitable space and
Unit B contains 3,260 square of habitable space.
3. Both units comply with Section 17.14.080 and provide a minimum of 300 square feet of
open space per unit. The open space for Unit A is provided on the third level towards the west
end of the lot, along Bayview Drive. The open space for Unit B is provided on the third level
towards the middle of the lot and above Unit A.
4. 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.
5. 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.
6. 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 1,320 square feet,
the 30 feet height limit is met, and the front setback of 5' minimum is met. Decks are
predominantly located on the third level of both units. Unit A's deck is oriented to the west,
while Unit B's deck is located in the center of the lot.
7. 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
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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 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
September 15, 2015, 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.
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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) All 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 guest parking shall be provided in front of the garage front Bayview Drive
and to be used by Unit A fronting Bayview Drive. Two guest parking spaces
shall be provided on the driveway of the garage fronting Monterey Boulevard
and to be used by Unit B fronting Monterey Boulevard.
d) All guest parking spaces shall remain open and accessible to guests of its
assigned unit, rather than being used for storage or any other purpose, 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 Landscaping 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 Public Works Director.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(H).
shall be provided, and shall be shown on plans (Building Permits are required)
c) Landscape plan shall incorporate parkway landscaping requirement per Public
Works Department and must be approved by the Director of Public Works prior
to issuance of the building permit.
6. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be
reviewed at the time of Plan Check, to the satisfaction of the Community
Development Director. In addition:
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a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic
garage doors shall be installed on all garage door openings and clearly indicated
on floor plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be down cast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall beenergy 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 shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 and install permeable surfaces in the driveway, guest parking
space and other non -landscaped areas to the maximum extent feasible. Curb inlets to
allow drainage to landscape shall be installed. If providing water permeable
surfaces on at least 50% of exterior surface area is not feasible and incorporating
measures in 8.60.070(H) to the extent practicable to infiltrate the volume of runoff
produced by a 0.75 inch storm event, the applicant shall infiltrate runoff onsite.
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 onsite,
subsurface infiltration is achieved. The amount of the bond shall be determined by
the Building Division. All other drainage shall be routed to an offsite facility or
onsite permeable area approved by the City. To the extent possible, a portion of
roof drainage shall be routed to onsite 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
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conservation practices set forth in Section 8.56.070 shall be complied with and
• noted on construction plans.
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9. Two copies of final construction plans, including site, elevation and floor plans,
which are consistent with the conditions of approval of this conditional use permit,
shall be reviewed and approved by the Planning Division for consistency with
Planning Commission approved plans and this Resolution prior to the submittal to
the Building Division for Plan Check.
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, 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 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.
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15. Sewer flow rate for upstream and downstream manhole must be submitted prior
• to grading and plan check.
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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 two 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.
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.
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Other:
24. 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.
25. 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.
26. 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.
27. 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 parry 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
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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,Hoffman,Pizer,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-24 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 15, 2015.
,116UL
Mike Flaherty, Chairman
September 15, 2015
Date
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"Z.
obertson, Secretary
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P.C. Resolution 15-23
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 #73629 FOR A TWO -UNIT CONDOMINIUM
PROJECT AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AT 515 PROSPECT AVENUE,
LEGALLY DESCRIBED AS TRACT # 5209 LOT 41 AND S 1/2 OF LOT
42, 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 on June 22, 2015 by property owner Harold Anschel
for development of property located at 515 Prospect Avenue, seeking approval of Conditional
Use Permit 15-7, Precise Development Plan 15-9, and Vesting Tentative Parcel Map #73629 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 September 15, 2015, 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 map to demolish 3 existing attached units and develop a two -unit
detached residential condominium project.
2. The subject property contains approximately 8,150 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 Tract Map
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pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. 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.
2. The site is physically suitable for a two -unit detached residential condominium with both
units containing three levels. Two (2) spaces are provided per unit in a two -car garage and one
(1) guest space to be designated for Unit B is provided to the east of the entry courtyard along
the south side yard. Two (2) additional guest spaces, designated for Unit A, are provided in
tandem to the two -car garage for Unit A for a total of seven (7) parking spaces.
3. 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 8.60.070(B)(7) and any
additional non -percolated or retained storm water will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Prospect 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.
5. 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 is consistent with City decisions pertaining to
residential development.
6. 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.
7. The design of the subdivision or 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).
8. 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.
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9. 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:
1. 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.
2. The site is zoned R -2B and is physically suitable for a two -unit residential condominium
consisting of two buildings. Both units contain three levels, a two -car garage and guest parking
spaces. The Unit A garage faces Prospect Avenue and provides two (2) guest parking spaces in
tandem with the garage. The Unit B garage is in the center of the lot facing Unit A and is
accessed from a driveway extending from Prospect Avenue along the southerly side yard. One
(1) guest parking space, to be designated for Unit B, is located to the east of the entry courtyard
to Unit B along the southerly side yard. An additional two (2) guest parking spaces, designated
for Unit A, are located upon the driveway leading to the Unit A two -car garage.
3. Unit A contains 3,931 square feet of habitable area and Unit B contains 3,714 square feet
of habitable area. The total area for Unit A, including garage and deck/balcony areas, is 4,479
square feet. The total area for Unit B, including garage and deck/balcony areas, is 4,238 square
feet.
4. Both units comply with Section 17.14.080 and provide a minimum of 300 square feet of
open space per unit. Open space for Unit A is provided on the second story south west facing
deck, roof deck at the north end of the building, and on grade while open space for Unit B is
provided on the second story north west facing deck and a roof deck at the south end of the
building.
5. 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.
6. 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.
7. 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
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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 1,730 square feet,
the 30 feet height limit is met, and the front setback is greater than the 5' minimum required. Site
redevelopment will create one (1) new driveway and subsequent curb cut along Prospect
Avenue. Decks and outdoor gathering areas are predominantly located on the second story and
roof and are primarily oriented to the west.
8. 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 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
September 15, 2015, 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).
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f) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site
plan compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be
reviewed and approved by the Community Development Director 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) Seven (7) 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) Two guest parking spaces shall be provided on the driveway of the garage
fronting Prospect Avenue to be used by Unit A fronting Prospect Avenue.
d) One guest parking space shall be maintained to the east of the entry courtyard to
Unit B to be used by Unit B along the south side yard.
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 Landscaping 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)
c) Landscape plan shall incorporate parkway landscaping requirement per Public
Works Department and must be approved by the Director of Public Works prior
to issuance of the building permit.
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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 shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 and install permeable surfaces in the driveway, guest parking
space and other non -landscaped areas to the maximum extent feasible. Curb inlets to
allow drainage to landscape shall be installed. If providing water permeable
surfaces on at least 50% of exterior surface area is not feasible and incorporating
measures in 8.60.070(11) to the extent practicable to infiltrate the volume of runoff
produced by a 0.75 inch storm event, the applicant shall infiltrate runoff onsite.
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 onsite,
subsurface infiltration is achieved. The amount of the bond shall be determined by
the Building Division. All other drainage shall be routed to an offsite facility or
onsite permeable area approved by the City. To the extent possible, a portion of
roof drainage shall be routed to onsite 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
6
receipt of surface waters from the property. The recorded agreement must be
• filed with the City prior to issuance of the Certificate of Occupancy.
•
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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, 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.
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14. 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.
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 two 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.
a) The form of the notification shall be provided by the Planning Division of the
Community Development Department.
b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
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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.
Other:
24. 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.
25. 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.
26. 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.
27. 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.
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To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 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,Hoffman,Pizer,Saemann,Chmn,Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-23 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 15, 2015.
Mike Flaherty, Chairman
September 15, 2015
Date
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en Rob son, Secretary
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P.C. RESOLUTION 15-22
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 #73489 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 832 LOMA DRIVE, LEGALLY DESCRIBED AS LOT 5,
BLOCK B, TRACT 1677, 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 on June 22, 2015 by Tracy A. Swerdfeger for
development of property at 832 Loma Drive, seeking approval of Conditional Use Permit 15-6,
Precise Development Plan 15-8, and Vesting Tentative Parcel Map #73489 for a two -unit
detached residential condominium project (Assessor Parcel Number 4187-014-005).
Section 2. The Planning Commission conducted a duly noticed .public hearing to
consider the subject application on August 18, 2015, 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 urban 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 map to demolish an existing single family residence, and develop a
two -unit detached residential condominium project.
2. The subject lot contains 3,181 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 Tract Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. 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.
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2. The site is physically suitable for a two -unit detached residential condominium, with both
units containing three stories and a two -car garage. One shared guest parking space is provided
for both units and is located adjacent to Unit B.
3. 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
stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained stormwater will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Loma Drive, and does not exhibit dedicated public
easements; therefore, the subdivision and improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision.
5. 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.
6. The project as conditioned will conform to all zoning and condominium standards and
will be compatible with neighboring properties, which are developed with similar single-family
and multiple -family residential uses.
7. The design of the subdivision or 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).
8. 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.
9. 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:
1. 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.
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2. The site is zoned R-3 and is physically suitable for a two -unit detached residential
condominium. Both units contain 3 -stories and a two -car garage. A compliant shared guest
space is provided for both units. Unit A contains 1,947 square feet of habitable area and Unit B
contains 2,067 of habitable area.
3. 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.
4. 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 stormwater 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.
5. 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 two and three story single and multiple family residences. The project as
conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,600
square feet, the 30 feet height limit is met, and the front setback of 5 feet minimum is met. Site
redevelopment will increase the height of the majority of the building. Unit A contains two
decks on the third floor, one deck is located along the northwest of the lot overlooking Loma
Drive and the second is located southwest corner of the unit. Unit B contains two decks on the
third floor, one deck is located along the northeast of the lot and the second deck is located
southwest corner of the unit. Close proximity to adjacent buildings is common within the City's
residential areas and extraordinary privacy issues are not anticipated.
6. 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 provide 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 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
August 18, 2015, revised in accordance with the conditions below. The Community
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Development Director may approve minor modifications that do not otherwise conflict
• with the Hermosa Beach Municipal Code or requirements of this approval.
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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) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) 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) 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 guests both units,
rather than being used for storage or any other purpose, 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 Preliminary and Final Landscaping Plan, consistent with the site plan
approved by the Planning Commission, indicating size, type, quantity and
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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.
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).
c) Landscape plan shall incorporate off-site trees on the south side of 2"d Street in the
public right of way and landscaping requirement per Public Works Department and
must be approved prior to issuance of the building permit.
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 shall comply with Subsection A4.106.4 (water permeable surfaces) of Section
15.48.020 and install permeable surfaces in the driveway, guest parking space and other
non -landscaped areas to the maximum extent feasible. Curb inlets to allow drainage to
landscape shall be installed. If providing water permeable surfaces on at least 50% of
exterior surface area is not feasible and incorporating measures in 8.60.070(H) to the
extent practicable to infiltrate the volume of runoff produced by a 0.75 inch storm event,
the applicant shall infiltrate runoff onsite. 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
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approval) for the ongoing infiltration, and provide a surety bond to the City to guarantee
that onsite, subsurface infiltration is achieved. The amount of the bond shall be
determined by the Building Division. All other drainage shall be routed to an offsite
facility or onsite permeable area approved by the City. To the extent possible, a portion
of roof drainage shall be routed to onsite 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.
12. The project shall include construction of a curb, gutter, and sidewalk pursuant to
Public Works Standards.
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Final Map and Certificate of Occupancy
13. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
14. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees for two units in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
15. 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
16. 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.
17. 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.
18. 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.
19. 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.
20. 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
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8.44 and Section 8.44.090, and the applicant shall at all times comply with the required
• best management practices.
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Other:
21. 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.
22. 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.
23. 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
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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,Pizer,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-22 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
meeting of August 18, 2015.
----72isktzt,_.
Michael Flaherty, Chairman
August 18, 2015
Date
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e son, Secretary
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P.C. RESOLUTION 15-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN
AND CONDITIONAL USE PERMIT TO ADD 246 SQUARE FEET OF
STORAGE AREA TO AN EXISTING RESTAURANT AND EXCLUDE
SAID STORAGE AREA FROM PARKING CALCULATIONS; AND TO
ALLOW FOR ON -SALE BEER AND WINE SERVICE AND
CONSUMPTION UNTIL 10:00 P.M. DAILY WHILE ALLOWING FOOD
SERVICE UNTIL 11:00 P.M. DAILY IN CONNECTION WITH A
PROPOSED NEW RESTAURANT (BRAT & BRAU) AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AT 1342 HERMOSA AVENUE; LEGALLY DESCRIBED AS LOTS
10, 11 & 12, 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 Bjoern Risse, of Brat & Brau, LLC, seeking approval for
a Parking Plan and Conditional Use Permit to approve the addition of 246 square feet of storage
space to an existing 1,023 square foot suite through expanding into the existing rear storage room
and to exclude this square footage from required parking while extending the hours for on -sale
beer and wine service and consumption until 11:00 P.M. daily in connection with the new
restaurant (Brat & Brau) at a two-story building at 1342 Hermosa Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
Parking Plan 15-5 and Conditional Use Permit 15-8 on August 18, 2015, 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. A 246 square feet of storage space is proposed to be added on the ground floor to the
existing 1,023 square foot tenant space to serve the new restaurant (Brat & Brau) as well
as a request to exclude the said storage area from parking calculations for the business
located at 1342 Hermosa Avenue.
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3. The applicant proposes to allow for on -sale beer and wine service and consumption until
11:00 P.M. daily in connection with the proposed restaurant.
Section 4. Based on the foregoing, the Planning Commission makes the following findings that
the proposed storage area associated with Parking Plan 15-5 shall be excluded from parking
calculations:
1. The applicant is requesting consideration that the storage area be excluded from the
parking calculation because the proposed storage area will not be used for seating or
increase the occupant load of the restaurant.
2. Pursuant to the definition of "gross floor area" as defined in Section 17.441 areas
excluded from calculation of gross floor area include inner open courts, corridors, open
balconies, and open stairways. The storage area is located on the ground level adjacent to
the subject tenant space with exclusive access from Brat & Brau to the storage area.
3. The applicant's request to exclude the storage area from parking calculations is
reasonable since the space is on the ground floor and does not facilitate a change in
seating capacity or occupant load. The restaurant intends to use the space for storing kegs
and refrigeration.
4. The building is located on terrain sloping downward to the west. The sloping topography
makes approximately half of the ground floor level below grade, where the additional
storage space is proposed. Currently there are no existing exterior windows within the
storage area. The room has low 7 foot tall ceilings and is accessed from the alley to the
east. The additional 246 square foot space shall be designated for use by Brat & Brau.
The 246 square foot storage space will be exclusively accessed from the Brat & Brau
restaurant while the remaining 281 square foot storage space will maintain access from
the alley to the east of the building. In addition, the storage space does not facilitate an
occupant load beyond the allowable 49 persons and will not allow for additional seating.
Section 5. Based on the foregoing, the Planning Commission makes the following findings for a
Conditional Use Permit requesting for 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 project site is located on Hermosa Avenue in
the C-2 Restricted Commercial zone. An R-3 Multiple Family Residential zone is located to
the north of the subject site consisting of multi -family residences. Plans submitted to the
Community Development Department do not indicate exterior modifications. The applicant
proposes an amended floor plan while maintaining an occupant load of less than 49 persons.
I "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of
any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage), and
open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior
surfaces of such building or structure.
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The building is located downhill to the west of a nearby R-3 Multiple Family Residential
• zone and is separated by a twenty (20) foot wide alley, one -hundred (100) foot wide parking
lot, and a sixty (60) foot wide street. The R-3 zone to the north of the site is separated by an
approximately sixty (60) foot wide street. The sloping topography makes approximately half
of the ground floor level, where the restaurant is proposed, below grade. There are currently
no existing windows or doors along the ground level of the north elevation. No new windows
or doors are proposed. All business operations will be fully contained within the building, no
outdoor dining areas are proposed, and the restaurant use will be maintained with the new
Brat & Brau restaurant.
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The cease of alcohol sales and consumption at 10:00 P.M. daily while allowing food service
until 11:00 p.m. daily, an occupant load of less than 49 persons, and arestaurant use to be
fully conducted within the existing building will reduce the potential for noise disturbances
to neighboring residences.
B. Adequacy of off-street parking facilities and streets, and distance of parking from the
proposed use: The proposed modifications will continue the existing restaurant use while
maintaining an occupant load of less than 49 persons. Parking is not anticipated to be
impacted.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The
proposed modifications are not likely to affect Noble Park, or other parks or similar uses in
the vicinity due to distance and offset hours.
D. The combination of uses proposed, concentration and number of similar establishments or
uses within close proximity to the proposed establishment: 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 previous restaurant use will continue with the addition of on -sale
beer and wine service and consumption until 10:00 P.M. daily while allowing food service
until 11:00 p.m. daily.
E. Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: No special precautions are noted.
F. 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.
G. Impact of the proposed use to the City's infrastructure, and/or services: The restaurant use
will be maintained with the new Brat & Brau restaurant and current infrastructure is capable
of handling the unchanged use. No impacts are anticipated.
H. Other considerations that, in the judgment of the planning commission, are necessary to
assure compatibility with the surrounding uses, and the city as a whole: No other issues are
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identified.
Section 6. The project is Categorically Exempt from the California Environmental Quality
Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Small Structures
as the infill project is located in an urbanized area, does not involve an intensification of use, and
all necessary public service, access and facilities are available.
Section 7. Based on the foregoing, the Planning Commission hereby approves Parking Plan
15-5 and Conditional Use Permit 15-8, to add 246 square feet of storage area on the ground floor
to be connected with the ground floor restaurant (Brat & Brau) while excluding this square
footage from required parking and to allow for on -sale beer and wine service and consumption
until 11:00 P.M. daily, subject to the following Conditions of Approval:
Parking Plan
1. The use shall be substantially consistent with the applicant's submittal reviewed and
approved by the Planning Commission on August 18, 2015 except as provided by
this permit. Minor modifications that do not increase the use or create parking
demand may be approved by the Community Development Director.
2. The total square feet of space converted for storage on the ground floor tenant space
for shall be designated for use by the restaurant on the ground floor (Brat & Brau)
at 1342 Hermosa Avenue.
3. The applicant shall record on the property, in a form acceptable to the City
Attorney, a covenant restricting the use of the 246 square feet added storage space
to storage for the restaurant on the ground floor (Brat & Brau) at 1342 Hermosa
Avenue, and acknowledging that access from the storage area to the front
restaurant establishment at 1342 Hermosa Avenue must be exclusively maintained.
4. 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.
5. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance 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.
6. The Planning Commission may review this Parking Plan and/or 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.
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7. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements 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 sixty (60) days prior to the expiration date. No additional notice
of expiration will be provided.
Conditional Use Permit
8. The use consisting of a restaurant with on -sale beer and wine shall be substantially
consistent with submitted plans reviewed by the Planning Commission on August
18, 2015 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 or
intensification of use, or which alters the primary function of the business, shall be
reviewed and approved by the Planning Commission.
9. The business hours of operation shall be from 8:00 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 10:00 p.m. daily while allowing
food service to continue until 11:00 p.m. daily.
10. 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, 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).
11. 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".
5
• c. Signs shall be posted in a conspicuous location warning patrons of the
illegality of consuming alcoholic beverages in any public place.
•
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12. Signs shall be posted complaint with H.B.M.C. Section 8.48.060 Alcoholic
beverages --Warning signs.
13. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
14. The business shall prevent loitering, unruliness and boisterous activities of the
patrons outside the business or in the immediate area.
15. 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 conditional use permit by the Commission.
16. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
17. 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. Air conditioning shall be installed to facilitate
implementation of this condition.
18. 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.
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. A manager who is aware of the conditions of this conditional use permit shall be on
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premises during business hours. The conditional use permit shall be maintained on
the premise in a location where employees can easily read the conditions.
22. 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.
23. 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.
24. 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.
25. 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.
26. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the reason
therefore, at least 60 days prior to the expiration date. No additional notice of
expiration will be provided.
Section 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 Parking Plan.
The Parking Plan and 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.
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The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its
agents, officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void or annul this Parking Plan and Conditional
Use Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and
the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of
any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee
shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the Permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action but such participation shall
not relieve the Permittee of any obligation under this Permit.
Section 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the
decision of the Planning Commission, after a formal appeal to the City Council, must be made
within 90 days after the final decision by the City Council.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Allen,Pizer, Saemann,Chmn.Flaherty
None
None
Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-21 is a true and complete record of tie
action taken by the Planning Commission of the City of Hermosa Bea : , Cali is at) s regular-
meeting of August 18, 2015. 7
Michael Flaherty, Chairman
August 18, 2015
Date
8
en ' ob �rtson, Secretary
P.C. RESOLUTION 15-20
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW FLOOR PLAN CHANGES AT AN EXISTING BILLIARD
HALL WITH FOOD SERVICE AND OUTDOOR DINING TO CONVERT THE
BUILDING TO A RESTAURANT WITH ON -SALE GENERAL ALCOHOL AND
OUTDOOR DINING (LAUREL TAVERN) AT 1220 HERMOSA AVE, CITY OF
HERMOSA BEACH.
•
•
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Michael Leko, 10 Riverside Drive LLC
requesting approval of Conditional Use Permit Amendment 15-7 to modify the floor plan at an
existing billiard hall with food service, on -sale general alcohol and outdoor dining; and facilitate
a change is use to a restaurant with on -sale general alcohol and outdoor dining.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application on August 18, 2015 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 C-2 Restricted Commercial and is located on Hermosa Avenue within
the downtown area. The existing building operates as a billiard hall with food service and
on -sale general alcohol until 2:00 a.m. daily and outdoor dining until 10:00 p.m. daily
pursuant to Planning Commission Resolution 94-33. A Parking Plan approved by
Planning Commission Resolution 93-68 allows for less than required parking.
2. The applicant proposes to eliminate the pool tables and replace with table and booth
seating, enlarge the outdoor dining area fronting Hermosa Ave, enlarge the kitchen and
back of house area and convert the existing billiard hall into a restaurant. The current
occupant load of 157 will not increase as a result of the changes to the floor plan.
3. The parking lot will be altered to include an ADA accessible space and a bike rack
capable of storing a minimum of 10 bicycles located at the front of the property.
Section 4. The project is categorically exempt from the provisions of the California
Environmental Quality Act per CEQA Guidelines, Section 15301(a), Existing Facilities, because
the proposal involves interior modifications to an existing building.
Section 5. Based on the foregoing factual findings the Planning Commission makes the
following findings that the Conditional Use Permit amendment pursuant to H.B.M.C. Section
17.44.020 and incorporation the conditions set forth in Section 17.40.080, finding that the use as
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conditioned will be compatible with the surroundings and all impacts can be reduced to an
insignificant level:
A. Distance from existing residential uses: The project is located on Hermosa Avenue, within
the commercial center of the City. Surrounding properties exhibit general commercial uses
such as retail, services and restaurants while a legal nonconforming residential use is located
to the rear of the property along Bayview Drive. The topography of the site — steep slope
from east to west—and the design of the building are such that access at the rear is not
utilized. Business operations are oriented to the west towards Hermosa Ave and are not
anticipated to impact the residences to the rear. Conditions of approval prohibiting
entertainment, music, speakers, televisions, or audio or visual media of any type, whether
amplified or unamplified, to be provided within the outdoor patio and requiring 'No
Loitering' signs to be posted in the parking lot are included to reduce possible impacts to
neighboring residential uses.
B. Adequacy of off-street parking facilities and streets, and distance of parking form the
proposed use: A parking plan from 1993 allowed for less than required parking at the billiard
hall, a total of 10 parking spaces. The proposed improvements include elimination of one
parking space due to the creation of an ADA compliant parking space (6 standard spaces, 2
compact spaces, 1 ADA space).
The proposed change of use from a billiard hall/bar to a restaurant will decrease the parking
demand from a code perspective. Additionally, the increase in the square feet of the back of
house and reduction of the square feet of the seating area reduce the likelihood parking
demand will be impacted. Furthermore, the project location within the downtown area makes
it more likely trips to the business will be part of a multiple -destination trip to the City.
Additionally, in order to encourage alternative modes of transportation a bicycle rack capable
of storing a minimum of 10 bicycles will be installed at the front of the parking lot.
Given the chang in use from a billiard hall/bar to a restaurant, the reduction of seating area
and the business location within the downtown area on-site parking will not be impacted. The
existing Parking Plan resolution (P.C. Resolution 93-68) will be rescinded and all conditions
from the 1993 Parking Plan are incorporated into the resolution.
C. Location of and distance to churches, schools, hospitals and public playgrounds: The project
site is located on Hermosa Avenue in the downtown core of the City. The proposed
modifications involve the conversion of a commercial space to a similar use as the previous
use. As such staff does not anticipate impacts to Valley View School, the Community
Center, or other parks or similar uses in the City.
D. The combination of uses proposed, concentration and number of similar establishments or
uses within close proximity to the proposed establishment: The downtown area contains a
high concentration of late-night alcohol serving establishments open after 11:00 p.m. The
property currently operates from 8:00 a.m. to 2:00 a.m. daily while the outdoor seating area
closes at 10:00 p.m. nightly pursuant to the CUP. The applicant is not requesting to change
the operating hours but rather the use from a billiard hall/bar to a restaurant. The proposed
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modifications to the floor plan facilitate a change in use from a billiard hall to a restaurant, a
less intensive use. As such no impacts are anticipated.
The City's late-night ordinance in Section 17.40.080(B) provides one method for evaluating
whether the proposal would contribute to adverse impacts. While the outdoor dining patio is
not proposed to be open after 11:00 p.m., the remainder of the business would continue to be
open until 12:00 a.m. daily. Section 17.40.080 provides specific criteria for consideration
when determining whether to amend a conditional use permit for a late-night establishment
(see Attachment 3):
i. Whether the total number of late-night alcohol beverage establishments will exceed the
City's limit on such establishment: The proposed project involves an existing late-night
alcohol serving establishment. An increase in alcohol serving establishments will not
occur.
ii. Whether the use will intensify through increases in the assigned occupant load from
owner/operator-initiated construction and/or remodeling that expand the square footage
or alter the floor plan: The occupant load will not increase. According to a table on Pg.
A-2.0 of the submitted plans and a review by the Building & Safety Department, the
occupant load is, shown to decrease from the existing 157 to 117. A condition of approval
requiring formal analysis of the occupant load by the Building & Safety Department and
Fire Department prior to a Certificate of Occupancy being issued has been included in the
resolution to ensure the occupant load does not increase.
iii. Whether proposed modifications to floor plans, conditions of approval, type of alcoholic
beverages served (beer and wine versus full alcohol service), or other factors may
increase adverse impacts: The existing on -sale general alcohol service within the
building and in the outdoor seating area would remain the same. Hours of operation will
be from at 8:00 a.m. to 12:00 p.m. daily on the inside of the building and 8:00 a.m. to
11:00 p.m. daily for the outdoor dining area. No increase in hours is proposed.
The proposed floor plan changes will enlarge the kitchen and back of house facilities
while also reducing the square feet of the seating area, thereby facilitating the change of
use form a billiard hall/bar to a restaurant. No additional square feet is proposed. No
impacts are anticipated.
iv. Whether the type, quantity, or geographic location of the establishment will create an
over -abundance of similar establishments in a particular area of the City such that it will
reduce the diversity of businesses operating in the immediate area: The proposed project
involves an existing billiard hall/bar with on -sale general alcohol being converted to a
restaurant and will not alter existing concentrations of on -sale establishments.
E. Precautions taken by the owner or operator of the proposed establishment to assure
compatibility of the use with surrounding uses: No special precautions are noted.
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F. Noise, odor, dust and/or vibration that may be generated by the proposed use: As mentioned
under item A, a condition of approval prohibiting televisions and other similar equipment
from being located on the outdoor patio and signs posted in the parking lot prohibiting
loitering are incorporated. Odor, dust and/or vibration disturbances are not anticipated.
G. Impact of the proposed use to the City's infrastructure, and/or service: The proposed project
involves conversion of an existing billiard hall/bar to a restaurant. Existing infrastructure and
utilities for the site are anticipated to be adequate however, the Building Division indicates
the property will be required to show that waste disposal systems are adequate for operation
of a bona -fide restaurant. The project has been conditioned to ensure waste disposal facilities
are adequate prior to occupancy.
H. 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: Preliminary review
of plans by the Fire Department and Building Division indicates a new occupant load and
exiting plan will need to be submitted. The applicant has been working with the Building
Division to meet these requirements and the project has been conditioned to ensure the
occupant load does not increase.
Section 6. Based on the foregoing, the Planning Commission hereby approves the
request for Conditional Use Permit Amendment 15-7 subject to the following Conditions of
Approval:
1. The use consisting of a restaurant with on -sale general alcohol and outdoor dining
shall be consistent with plans submitted and approved by the Planning
Commission on August 18, 2015. Minor modifications to the plan shall be
reviewed and may be approved by the Community Development Director. Any
substantial deviation must be reviewed and approved by the Planning
Commission.
2. The permitted hours of operation for the interior dining areas shall not exceed
8:00 a.m. to 12:00 a.m. daily.
3. The permitted hours of operation for the outdoor dining area shall not exceed 8:00
a.m. to 11:00 p.m. daily after which the area shall be secured and loitering shall
not be permitted.
a. Entertainment, music, speakers, televisions, or audio or visual media of any
type, whether amplified or. unamplified, shall be prohibited within the
outdoor patio
4. A minimum 42" high railing shall be installed and maintained around the outdoor
dining area.
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5. The business shall be operated as a bona fide restaurant. The restaurant make
available to customers and serve prepared food items of their choice until sixty
(60) minutes prior to the close of business.
6. The restaurant shall maintain sales reports showing the actual items sold and
price charged and invoices for all food, nonalcoholic beverages and alcohol
beverages sold for the prior twelve (12) months. Should the planning commission
or city council initiate a CUP modification or revocation proceeding, the
commission, or the council, may at its discretion require the subject business to
provide (a) a statement of the percentage of gross sales, computed monthly, that
resulted from the sale of prepared food for not longer than the prior twelve (12)
months; and (b) the supporting data upon which the percentage is based. The
planning commission, or city council, may also require an audit of the records of
the business by a certified public accountant to determine the gross sales of food
and alcohol or a forensic audit by a qualified auditor selected by the city of the
information and data systems by which the information is produced. The results
of these audits may be used to determine whether the grounds for modification or
revocation exist. When considering revocation or modification, a restaurant that
sells or provides on -sale alcoholic beverages will be presumed to be operating as a
restaurant if the restaurant maintains a minimum of fifty (50) percent of the total
gross sales, computed monthly, from the sale of prepared food is presumed to be a
restaurant. An on -sale restaurant that does not meet these percentages has the
burden of demonstrating that it operates as a restaurant, as that term is defined in
the municipal code. Refusal to provide the information requested under this
subsection within sixty (60) days shall be deemed prima facie evidence that the
business is not operating as a restaurant.
7. Live entertainment (including amplified music, disc jockeys, live music whether
acoustic or amplified, and live performances of all kinds) per Section 17.04.050,
("Entertainment, Live") and customer dancing, are prohibited.
8. The provision of alcoholic beverages shall comply with the following:
a. All alcoholic beverages shall be served in nondisposable drink ware.
b. Signs shall be posted in a conspicuous location warning patrons of the
illegality of removing alcoholic beverages from the restaurant, and carrying
and consuming alcoholic beverages in any public place such as the public
sidewalk or beach.
9. The proposed modifications and any future owner initiated alterations cannot
intensify the use or increase the occupant load. Maximum permissible occupancy
must be clearly posted at all times and may not be exceeded at any time. If the
Police and/or Fire Department determine that the maximum permissible
occupancy of the building is being violated, they may cite the business and initiate
a conditional use permit review.
5
• 10. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
•
11. The business shall prevent loitering, unruliness and boisterous activities of the
patrons outside the business or in the immediate area.
12. 'No Loitering' signs shall be posted in the parking area.
13. The Police Chief may determine that a continuing police problem exists, and may,
subject to the review of the Planning Commission, direct the presence of a police
approved doorman and/or security personnel to eliminate the problem. If the
problem persists the Chief then shall submit a report to the Planning Commission,
which will automatically initiate a review of this conditional use permit by the
Commission.
14. Any changes to the interior layout which alter the primary function of the business
shall be subject to review and approval by the Planning Commission.
15. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
16. To reduce marine debris associated with take-out containers, the establishment
shall not use take-out containers with a "No. 6" recycle code.
17. The business shall comply in all other respects with Municipal Code Chapter 8.24
(Noise Control) and noise from the premises shall not constitute a public nuisance.
a. Doors and windows on the interior and exterior dining areas including
temporary style drop down windows/weather screening on the outdoor
dining area must be closed at 10:00 p.m. daily.
18. The practice of washing and rinsing restaurant floor mats, equipment, tables, etc.,
or discharge of any liquids, other than stormwater, onto the public right -or way,
into the parking lot drain or stormdrains, is strictly prohibited. Discharge of
liquids or wash water shall be limited to the sanitary sewer.
19. A manager who is aware of the conditions of this conditional use permit shall be
on the premises during business hours. The conditional use permit shall be
maintained on the premise in a location where employees can easily read the
conditions.
20. The restaurant with on -sale alcoholic beverage service may be subject to a
periodic review process established by the City to verify conformance with the
Conditions of Approval.
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21. The parking lot shall provide a minimum of 9 parking spaces at all times.
a. The parking lot shall be designed and striped according to the plans
submitted to the Planning Commission at the public hearing on August 18,
2015. Minor alterations to the layout that do not affect the number of spaces
may be approved by the Community Development Director.
b. The parking lot shall be fully available for employee and patron parking
during all hours of operation and back of house functions. Employees shall be
encouraged to utilize the parking lot.
c. Parking shall be free for employees and patrons of the business at all times.
d. Signs approved by the Community Development Director shall be
prominently displayed informing patrons that they may utilize the tandems
spaces and the availability of a free valet service. A valet parking attendant
shall be present at all times during hours of operation.
e. A bicycle rack capable of storing 10 bicycles shall be provided at the front of
the site in a visible location and maintained at all times
f. A minimum three (3) foot wide strip of landscaping, with a minimum 6 inch
curbing shall be provided along the front of the parking lot (except for the
entry drive). Landscaping must be non-invasive and an irrigation system
shall be provided and shown on construction plans.
22. Exterior and interior water use shall comply with Chapter 8.56.
23. This approval incorporates conditions from and supersedes Planning Commission
Resolution 94-33, which hereafter shall be of no further force and effect.
24. The improvements and the operation shall comply with all requirements of the
Building, Fire and Public Works Departments.
a. The applicant shall submit a plan for occupant load calculation prior to
issuance of the Certificate of Final Occupancy.
25. The project shall maintain in conformance with all other applicable City of
Hermosa Beach and regulatory agency requirements and standards, including but
not limited to: California Department of Alcoholic Beverage Control, Los Angeles
County Health Department, California Disabled Access Standards (Government
Code Title 24), and Los Angeles County National Pollutant Discharge Elimination
System Permit (NPDES).
7
26. 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.
27. 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.
28. Approval of this permit shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or
improvements or the use authorized hereby has commenced. One or more
extensions of time may be requested. No extension shall be considered unless
requested, in writing to the Community Development Director including the
reason therefore, at least 60 days prior to the expiration date. No additional
notice of expiration will be provided.
Section 7. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Conditional Use Permit Amendment shall be recorded, and proof of recordation shall be
submitted to the Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
8
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,Pizer,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-20 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
meeting of August 18, 2015.
Michael Flaherty, Chairman
August 18, 2015
Date
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n ' ob "rtson, Secretary
•
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P.C. RESOLUTION 15-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE APPROVING A ZONE TEXT
AMENDMENT ESTABLISHING A STREAMLINED PERMITTING
PROCESS FOR ROOFTOP SOLAR ENERGY SYSTEMS AND
APPROVING THE PERMITTING CHECKLIST REQUIRED BY AB 2188.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. The City has historically placed a priority on solar energy and for several
years has implemented a policy of processing installation of residential rooftop solar energy
systems in an expedited manner through an administrative permit process and waiving
application fees for such installations.
Section 2. In September 2014, the Governor signed AB 2188 (Muratsuchi 2014), which
among other things, requires all cities and counties to adopt an ordinance and permitting
checklist creating an expedited permit process for small residential rooftop solar installations in
substantial compliance with the California Solar Permitting Guidebook and recommendations of
the Governor's Office of Planning and Research by September 30, 2015.
Section 3. The Planning Commission held a duly noticed public hearing on July 21,
2015 to consider amending the Municipal Code to comply with AB 2188 by codifying the City's
existing practice of requiring all rooftop solar energy systems to receive an administrative permit
pursuant to an expedited process, and a determination that the project is categorically exempt
from the California Environmental Quality Act ("CEQA") and all testimony, both oral and
written, was presented to and considered by the Commission.
Section 4. The project is exempt from CEQA per Section 15061(b)(3) of Title 14 of the
California Code of Regulations on the basis that the zone text amendments will not have a
significant effect on the environment because the amendments are minor in nature and make
essentially administrative changes to the existing practice of issuing administrative permits for
rooftop solar energy systems in an expedited manner. Further, the project is exempt under
Section 15300.1 as a ministerial project because AB 2188 requires the adoption of the zone text
amendments.
Section 5. The Planning Commission hereby finds that the following zone text
amendments would satisfy the requirements of AB 2188 and therefore recommends City Council
approval of an ordinance to establish a streamlined permitting process for rooftop solar energy
systems as follows:
A. Section 17.40.230 is hereby added to Chapter 17.40 of Title 17 of the
Hermosa Beach Municipal Code to read as follows:
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17.40.230 Rooftop Solar Energy Systems
This section sets forth requirements for permitting of solar energy systems installed on
roofs.
A. Administrative Permit Requirements.
Rooftop energy systems shall be subject to the following requirements:
1. Rooftop energy systems may be installed upon issuance of an administrative
permit in compliance with Chapter 17.55.
2. Applications for rooftop energy systems may be submitted electronically, and
an electronic signature shall be accepted in lieu of a wet signature.
3. A complete application meeting the requirements of the City's approved
streamlined solar permitting checklist shall be approved in accordance with
Chapter 17.55 upon successful completion of an inspection by the Director or
his or her designee. No more than one inspection shall be required except
where the system fails an initial inspection or a separate fire safety inspection
is required.
4. Notwithstanding Section 17.55.040, review of an application for an
administrative permit for a rooftop solar energy system shall be limited to a
determination of whether the system meets all health and safety requirements
of federal and state law, and local standards and regulations necessary to
ensure that the proposed system will not have a specific, adverse impact upon
the public health or safety.
5. Notwithstanding subparagraph (4) above, a conditional use permit shall be
required where the Director finds, based on substantial evidence, that the solar
energy system could have specific, adverse impact on public health and safety.
If the Director finds that a conditional use permit is required, such permit shall
not be denied unless the Director makes written findings based on substantial
evidence in the record that the proposed system would have a specific, adverse
impact upon the public health and safety and there is no feasible method to
satisfactorily mitigate or avoid that impact.
6. Any conditions imposed on a permit to install a rooftop energy system shall be
designed to mitigate specific, adverse impacts upon the public health and
safety at the lowest cost possible.
B. Development Standards. Rooftop energy systems shall conform to the standards set
forth in Section 17.46.220.
Section 6. The Planning Commission also finds that the solar energy system permitting
checklist attached as Attachment A would satisfy the requirements of AB 2188 and recommends
that the City Council adopt the solar energy system permitting checklist.
VOTE: AYES: Comms.Allen,Hoffman,Pizer,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
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CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-19 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 21, 2015.
Michael Flaherty, Chairman
July 21, 2015
Date
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/ e R.".ertson, Secretary
Attachment A
• Streamlined Permitting Eligibility Checklist
•
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3884
ELIGIBILITY CHECKLIST FOR EXPEDITED SOLAR PV PERMITTING
FOR ONE AND TWO FAMILY DWELLINGS
GENERAL REQUIREMENTS
A. System size is 10 kW AC CEC rating or less
B. The solar array is roof -mounted on one- or two-family dwelling or accessory structure
C. The height of the solar panel/module arrays will comply with HBMC 17.46.220
D. Solar system is utility interactive and without battery storage
E. Permit application is completed and attached
YN
YN
YN
YN
YN
ELECTRICAL REQUIREMENTS
A. No more than four photovoltaic module strings are connected to each Maximum Power
Point Tracking (MPPT) input where source circuit fusing is included in the inverter Y N
1) No more than two strings per MPPT input where source circuit fusing is not included Y N
2) Fuses (if needed) are rated to the series fuse rating of the PV module Y N
3) No more than one noninverter-integrated DC combiner is utilized per inverter Y N
B. For central inverter systems: No more than two inverters are utilized Y N
C. The PV system is interconnected to a single-phase AC service panel of nominal
120/220 Vac with a bus bar rating of 225 A or less Y N
D. The PV system is connected to the load side of the utility distribution equipment Y N
E. A Solar PV Standard Plan and supporting documentation is completed and attached Y N
STRUCTURAL REQUIREMENTS
A. A completed Structural Criteria and supporting documentation is attached (if required) Y N
FIRE SAFETY REQUIREMENTS
A. Clear access pathways provided
B. Fire classification solar system is provided
C. All required markings and labels are provided
D. A diagram of the roof layout of all panels, modules, clear access pathways and
approximate locations of electrical disconnecting means and roof access points
is completed and attached
YN
YN
YN
YN
Notes:
Projects meeting ALL the criteria above are entitled to expedited processing under State law. If
any items are checked NO, revise design to fit within Eligibility Checklist, otherwise permit
application may be subject to non -expedited processing due to the need for additional review.
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P.C. RESOLUTION 15-18
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 #73452 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 121 2ND STREET, LEGALLY DESCRIBED AS LOT 28,
TRACT 1076, 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 on May 20, 2015 by 121 2nd Street, LLC for
development of property at 121 2"d Street, seeking approval of Conditional Use Permit 15-5,
Precise Development Plan 15-7, and Vesting Tentative Parcel Map #73452 for a two -unit
attached residential condominium project (Assessor Parcel Number 4188-008-023).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on July 21, 2015, 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 urban 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 map to demolish an existing three buildings, including one building
with three apartments, one building with one unit, and one building with one unit with attached
garage, and develop a two -unit attached residential condominium project.
2. The subject lot contains 2,999 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 Tract Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. 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.
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2. The site is physically suitable for a two -unit attached residential condominium, with both
units containing three stories and a two -car garage. Two guest spaces are provided for Unit A
and one guest space for Unit B in front of the garage.
3. 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
stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained stormwater will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Manhattan Avenue and 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.
5. 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, andparking, access and
services are provided.
6. The project as conditioned will conform to all zoning and condominium standards and
• will be compatible with neighboring properties, which are developed with similar single-family
and multiple -family residential uses.
7. The design of the subdivision or 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).
8. 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.
9. 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:
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1. 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.
2. The site is zoned R-3 and is physically suitable for a two -unit attached residential
condominium. Both units contain 3 -stories and a two -car garage. Unit A contains two guest
spaces and Unit B contains one guest space. Both units contain 2,611 square feet of habitable
area.
3. 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.
4. 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 stormwater 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.
5. 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 two and three story single and multiple family residences. The project as
conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,600
square feet, the 30 feet height limit is met, and the front setback of 2 feet minimum is met. Site
redevelopment will increase the height of the majority of the building. An east facing deck
approximately 188 square feet, adjacent to the primary living area, is located on the third level of
Unit A, approximately 6 feet from the front property line. A west facing deck approximately 122
square feet, adjacent to the primary living area, is located on the third level of Unit B,
approximately 1 feet from the rear property line. Close proximity to adjacent buildings is
common within the City's residential areas and extraordinary privacy issues are not anticipated.
6. 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 provide 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 two -unit condominium project subject to the following Conditions of Approval:
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General:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting of
July 21, 2015, 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) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) 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) 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) Each guest parking space shall remain open and accessible to guests of its assigned
unit, rather than being used for storage or any other purpose, and the CC&Rs shall
reflect this condition.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
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Building Plans:
5. Two copies of a Preliminary and Final Landscaping Plan, consistent with the site plan
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.
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).
c) Landscape plan shall incorporate off-site trees on the south side of 2nd Street in the
public right of way and landscaping requirement per Public Works Department and
must be approved prior to issuance of the building permit.
d) The project shall not include any bamboos or similar type of invasive planting in
the landscape plan.
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.
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7. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of Section
15.48.020 and install permeable surfaces in the driveway, guest parking space and other
non -landscaped areas to the maximum extent feasible. Curb inlets to allow drainage to
landscape shall be installed. If providing water permeable surfaces on at least 50% of
exterior surface area is not feasible and incorporating measures in 8.60.070(H) to the
extent practicable to infiltrate the volume of runoff produced by a 0.75 inch storm event,
the applicant shall infiltrate runoff onsite. 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 onsite, subsurface infiltration is achieved. The amount of the bond shall be
determined by the Building Division. All other drainage shall be routed to an offsite
facility or onsite permeable area approved by the City. To the extent possible, a portion
of roof drainage shall be routed to onsite 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.
a) 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
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illumination shall be shown on plans. Address numbering and display shall be subject
to approval by the Community Development Department.
Final Map and Certificate of Occupancy
12. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
13. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees for two units in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
14. 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
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
Other:
20. 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.
21. 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.
22. 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.
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The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 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,Hoffman,Pizer,Saemann,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-18 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
meeting of July 21, 2015.
Michael aherty, Chairman
July 21, 2015
Date
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P.C. RESOLUTION 15-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO REVOKE A CONDITIONAL
USE PERMIT TO ALLOW ON -SALE GENERAL ALCOHOL AND LIVE
ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING
RESTAURANT (`THE ESTABLISHMENT'), AND RESCINDING C.C.
RESOLUTION 08-6617, AT 1332 HERMOSA AVENUE, LEGALLY
DESCRIBED AS LOTS 10, 11 & 12, BLOCK 34, FIRST ADDITION TO
HERMOSA BEACH TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. The Planning Commission conducted a duly noticed public hearing to
consider the revocation or modification of the Conditional Use Permit (CUP) governing the
business at 1332 Hermosa Avenue, granted by the City Council on September 23, 2008 (C.C.
Resolution 08-6617), and amended by the City Council (C.C. Resolution 12-6780) which allows
on -sale general alcohol and live entertainment in conjunction with an existing restaurant (`The
Establishment') at 1332 Hermosa Avenue. Said hearing was conducted pursuant to Section
17.70.010 of the Hermosa Beach Municipal Code on May 19, 2015, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
Section 2. Based on evidence received at the public hearing, the Planning Commission
makes the following findings in support of revoking the Conditional Use Permit, pursuant to
Section 17.70.010(D) of the Hermosa Beach Municipal Code:
1. That the permit granted is being exercised contrary to the terms or conditions of such
approval. The permittee is authorized to operate under the terms of the Conditional Use Permit
for the subject property as set forth in City Council Resolutions 08-6617 and 12-6780.
Specifically the applicable condition number 3 of Resolution 08-6617 requires that the permittee
submit audited and certified summaries of gross receipts of food an alcohol sales to the City on a
quarterly basis. As set forth in the May 19, 2015 Planning Commission staff report, the permittee
has repeatedly failed to comply with ongoing requests by the City to provide sufficient records of
food and alcohol sales in accordance with this condition of the permit.
2. Additionally the City Council has directed the City's consultant to conduct forensic
audits of on -sale establishments, including "The Establishment" commensurate with the City's
appointment of a qualified auditor in February 2012. The permittee has not cooperated with the
City's consultant and has failed to provide sufficient data relating to food and beverage sales for
the City to complete this audit, as further set forth in the May 19, 2015 Planning Commission
staff report.
3. Notwithstanding recent changes to the Hermosa Beach Municipal Code definition of a
restaurant under Section 17.04.050, with no audited information to confirm that the premise is
providing 50% of its gross sales receipts from the sale of food that is prepared onsite, the City's
hired consultant, and therefore, the Planning Commission cannot determine whether the premise
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is operating as a bona fide restaurant as set forth under Section 17.40.080.
4. Based on the findings above, the Commission finds that sufficient grounds exist for
revocation of the permittee's Conditional Use Permit to allow on -sale general alcohol and live
entertainment, in conjunction with an existing restaurant (`The Establishment') at 1332 Hermosa
Avenue.
Section 3. Based on the foregoing, and pursuant to Section 17.70.010 of the H.B.M.C.,
the Planning Commission hereby revokes the Conditional Use Permit for on -sale alcohol and live
entertainment in conjunction with a restaurant for the property at 1332 Hermosa Avenue.
Section 4. The Resolution to revoke this Conditional Use Permit shall be recorded, and
proof of recordation shall be submitted to the City Clerk. Permittee shall defend, indemnify and
hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding
against the City or its agents, officers, or employee to attack, set aside, void or annul this
Resolution, which action is brought within the applicable time period of the State Government
Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the
City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any
claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee
shall no thereafter be responsible to defend, indemnify, or hold harmless the City.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this Resolution. Failure of the permittee to cease
any development or activity shall be a violation of this Resolution.
Section 5. 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,Perrotti,Pizer
NOES: Chmn.Flaherty,Comm.Hoffman
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution 15-17 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
May 19, 2015 and memorialized on June 16, 2015.
Micha 1 Flaherty, Chairman
• June 16, 2015
Date
Ken Robertson, Secretary
•
P.C. RESOLUTION 15-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN
TO ADDRESS PARKING REQUIREMENTS FOR SEVERAL CHANGES
TO THE BUILDING AT 53-57 PIER AVENUE: TO CLASSIFY A NEW
FOOD ESTABLISHMENT AS A `SNACK SHOP' (FOR THE
RELOCATION OF CAFE BONAPARTE INTO THE FORMER FROYO
YOGURT LOCATION) FOR THE PURPOSE OF CALCULATING
PARKING REQUIREMENTS; TO ADD OUTDOOR SEATING FOR THE
SAID USE ON PIER PLAZA; TO CONVERT APPROXIMATELY 250
SQUARE FEET TO STORAGE ON THE GROUND FLOOR TO BE
CONNECTED TO THE RESTAURANT ON THE SECOND FLOOR
(CURRENTLY FAT FACE FENNER'S FISH SHACK) AND EXCLUDE
THIS FROM REQUIRED PARKING; AND TO RE-ESTABLISH
OUTDOOR SEATING IN LORETO PLAZA IN CONJUNCTION WITH A
FUTURE RESTAURANT USE (FORMERLY PARADISE SUSHI) AND TO
PAY FEES IN -LIEU OF PROVIDING PARKING ON SITE, AT 53-57
PIER AVENUE, LEGALLY DESCRIBED AS ASSESSOR PARCEL
NUMBER 4183-002-021.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Greg Newman of Baja Sharkeez Restaurant
Group, seeking approval for a Parking Plan to classify a cafe ("Cafe Bonaparte) as a `snack
shop' for purpose of calculating parking requirements; allow an outdoor dining patio on Pier
Plaza in conjunction with the proposed cafe; conversion of 250 square feet to storage on the
ground floor to be connected with the second floor restaurant and to exclude this square footage
from required parking; and to re-establish outdoor dining in Loreto Plaza in conjunction with a
future restaurant use and to pay fees in -lieu of providing required parking onsite at a two-story
building at 53-57 Pier Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider Parking Plan 15-4 on May 19, 2015, 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 applicant proposes to make the following changes to the ground floor building and
uses at 53-57 Pier Avenue: 1) to classify a new food establishment as a `snack shop' and
to add outdoor seating on Pier Plaza (Cafe Bonaparte — formerly Froyo Life); 2) to re-
establish outdoor seating in Loreto Plaza in conjunction with a new restaurant (formerly
paradise sushi); 3) to convert ground floor area to storage to serve the upstairs restaurant
The subject site is zoned C-2, Restricted Commercial.
1
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•
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2. The proposed cafe will offer coffee, sandwiches, salads, and baked goods and other hot
and cold beverages. Submitted floor plans indicate that the establishment will have 24
seats. Customers will queue for food service and consume purchases on and off the
premises.
3. The applicant requests to classify an cafe as a `snack shop,' which allows consideration
of the parking standard for retail uses pursuant to Section 17.04.050, thereby requiring no
additional parking, rather than as a restaurant use which per Section 17.44.040(B) would
require 6 spaces.
4. The applicant requests to convert 250 square feet of space to storage for the restaurant on
the second level and exclude the storage area from parking calculations for the restaurant.
5. The applicant also requests to construct an outdoor dining area equivalent in size to the
converted storage space for the second level restaurant in front of the ground level tenant
space fronting Pier Plaza while excluding a pedestrian pathway from parking
requirements.
6. The applicant requests to construct re-establish outdoor dining area adjacent to the tenant
space formerly occupied by Paradise Sushi.
Section 4. Based on the foregoing, the Planning Commission makes the following
findings that the proposed use is a snack shop and will not intensify parking demand:
1. The proposed cafe will occupy a 1,048 square foot space consisting of 765 square feet of
back of house operations and a 283 square foot seating area with eight (8) seats. In
addition, an outdoor dining area in front of the tenant space is proposed to have 16 seats.
The menu will consist of coffee, sandwiches, salads, and baked goods. Cooking
equipment will include a stovetop and an oven. Although it has been common for snack
shops to exclude cooking equipment such as an oven previous snack shop approvals with
allowance of ovens (Subway) have shown that allowance of an oven does not always
mean the business is a restaurant. In addition, the applicant is proposing to relocate the
business from another location on Pier Plaza and has shown that the current operation is
similar to other approved snacks shops (Subway and Gun Tree Cafe). The proposed cafe
is consistent with the definition of a `snack shop' per H.B.M.C. Section 17.04.050
because the establishment will not have seating greater than 25, has a limited menu
excluding alcoholic beverages, will not offer sit-down table service.
2. Pursuant to H.B.M.C. Section 17.44.210, the proposed use will not intensify parking
demand in comparison to the previous snack shop establishment. The use will mainly
attract walk-in customers who are already in Hermosa's beach, bicycle and pedestrian
oriented downtown, rather than creating new vehicle trips as the driver's sole destination.
3. Pursuant to H.B.M.C. Section 17.44.030(0), the retail parking standard (one space per
250 square feet of gross floor area) is therefore appropriately applied to the proposed use.
2
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Section 5. Based on the foregoing, the Planning Commission makes the following
findings that the proposed storage area shall be excluded from parking calculations:
1. The applicant proposes to convert 250 square feet of space to storage for use by the
second floor restaurant. The applicant is requesting consideration that the storage area be
excluded from the parking calculation because the proposed storage area will not be used
for seating or increase the occupant load of the restaurant.
2. Pursuant to the definition of "gross floor area" as defined in Section 17.441 areas
excluded from calculation of gross floor area include inner open courts, corridors, open
balconies, and open stairways.
3. The storage area is located on the ground level and is accessed by the staircase entrance
to the second level restaurant. Access from the proposed ground level tenant space
facing Pier Plaza is eliminated. The restaurant is located on the second level and intends
to use the space for storage while the applicant has stated that the adjacent restaurant use
(formerly Paradise Sushi) may use the space for storage as well. The applicants request
to exclude the storage area form parking calculations is reasonable since the space is on
the ground floor and does not facilitate a change in seating capacity or occupant load.
Section 6. Based on the foregoing, the Planning Commission makes the following
findings that the proposed outdoor dining area in front of the ground level tenant space fronting
Pier Plaza shall not trigger additional parking:
1. The applicant proposes to convert 250 square feet of space to storage for the second level
restaurant use and construct an outdoor dining area on Pier Plaza in front of the ground
level tenant space fronting Pier Plaza.
2. Pursuant to Resolution 05-6417 which outlines development standards for outdoor dining
on Pier Plaza an outdoor dining area may exclude any pedestrian paths or other areas
which cannot be occupied and will not generate parking needs. Therefore, the proposed
patio may exclude the pedestrian walkway from parking calculations
3. The elimination of 250 square feet from the storage area conversion will offset the square
feet addition of the outdoor dining area thereby no additional parking is required. The
submitted plans indicated there is a difference in square feet for the converted storage
area and the proposed outdoor dining area. The project is conditioned to ensure the
outdoor dining area and the storage area are equivalent in size and if any difference in
square footage occurs than the applicant will be required to pay a fee in -lieu of providing
required parking.
Section 7. Based on the foregoing, the Planning Commission makes the following
1 "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of
any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage),
and open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior
surfaces of such building or structure.
3
findings that the proposed outdoor dining area on Loreto Plaza, in conjunction with a future
• restaurant use (formerly Paradise Sushi) may exclude required pedestrian paths from parking
calculations and is subject to payment of fees in -lieu of providing required parking:
•
•
1. The applicant seeks to construct a 250 square foot outdoor dining area adjacent to the
tenant space formerly occupied by Paradise Sushi. Submitted plans indicate the outdoor
patio will contain 14 seats.
2. A previous outdoor dining area was granted an encroachment permit through the Public
Works Department in 2007 however, proper approval through the Community
Development Department and Coastal Commission was never obtained.
3. The existing restaurant is nonconforming to parking requirements. Under Section
17.44.040(D), "[f]or expansions to existing buildings legally nonconforming to parking
requirements, parking requirements shall only be applied to the amount of expansion."
4. The 250 square foot outdoor patio would require thee (3) parking spaces. Most outdoor
patios on Pier Plaza in conjunction with restaurants were allowed without provision of
on-site parking under a master parking plan approved by City Council Resolution No. 97-
5857. This resolution allowed the calculation of square footage of the outdoor dining
areas on Pier Plaza to exclude entrance aisles and other areas not usable for seating
purposes. In addition, Resolution 05-6417 provides the development standards and
guidelines for outdoor dining and requires a pedestrian path that cannot be occupied and
will not generate parking needs The applicant requests to exclude a 65 square foot
pedestrian path and reduce the square footage of the outdoor dining area from 250 to 185
square feet, thereby reducing the required parking spaces from three (3) to two (2).
5. The proposed exclusion of a pedestrian path is consistent with previous outdoor dining
areas on Lower Pier Avenue; as such the proposed outdoor dining area may exclude the
pedestrian paths in parking calculations.
6. The applicant is unable to provide additional parking onsite. Pursuant to Section
17.44.210 an applicant may pay fees in -lieu of required parking when located in a vehicle
parking district. Given the location of the outdoor dining area within the downtown area
and the applicant's inability to provide parking onsite the construction of an outdoor
dining area shall be subject to payment of fees in -lieu of required parking.
Section 8. The project is Categorically Exempt from the California Environmental
Quality Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Small
Structures as the infill project is located in an urbanized area, does not involve an intensification
of use, and all necessary public service, access and facilities are available.
4
Section 9. Based on the foregoing, the Planning Commission makes the following
• findings that the cumulative changes to the building will be adequately parked:
•
1. The cumulative changes to the building will be adequately parked because the
outdoor dining area in conjunction with the cafe is offset by the loss of square footage
from the converted storage space; the converted storage space to be used by the
second floor restaurant will not facilitate an increase in seating capacity or
occupancy; the outdoor dining area on Loreto Plaza in conjunction with the future
restaurant use will provide fees in -lieu of required parking; and the project is located
within the pedestrian oriented downtown where visits are typically multi -destination
and ample metered parking is available.
Section 10. Based on the foregoing, the Planning Commission hereby approves Parking
Plan 15-4, to classify a cafe ("Cafe Bonaparte) as a `snack shop' for purpose of calculating
parking requirements; allow an outdoor dining patio on Pier Plaza in conjunction with the
proposed cafe; conversion of 250 square feet to storage on the ground floor to be connected with
the second floor restaurant and to exclude this square footage from required parking; and to re-
establish outdoor dining in Loreto Plaza in conjunction with a future restaurant use and to pay
fees in -lieu of providing required parking onsite at a two-story building at 53-57 Pier Avenue,
subject to the following Conditions of Approval:
1. The use shall be substantially consistent with the applicant's submittal reviewed and
approved by the Planning Commission on May 19, 2015 except as provided by this
permit. Minor modifications that do not increase the use or create parking demand
may be approved by the Community Development Director.
2. The proposed use in the ground level tenant space fronting Pier Plaza (53 Pier
Avenue, formerly Froyo Life) shall comply with the requirements of a snack shop as
defined in the Hermosa Beach Municipal Code Section 17.04.050, including limited
food service of snacks, no more than 25 seats, no waiter/waitress table service except
queuing and no service of alcoholic beverages.
3. The total square feet of space converted for storage on the ground floor tenant space
fronting Pier Plaza (53 Pier Avenue, formerly Froyo Life) shall be equivalent in
square feet to the proposed outdoor dining area in conjunction with the snack shop.
Pursuant to Resolution 05-6417 the calculation of square feet may exclude
pedestrian paths.
4. The applicant shall obtain and maintain compliance with an encroachment permit
issued by the Department to Public Works for outdoor dining for both outdoor
dining areas granted by this permit in compliance with Municipal Code Chapter
12.16.
5. No entertainment, speakers, or televisions are allowed on the outdoor dining areas.
• 6. In order to compensate for a lack of required parking on-site due to the outdoor
dining area expansion on Loreto Plaza in conjunction with a future restaurant use
(53 Pier Avenue, formerly Paradise Sushi), the applicant shall contribute fees to the
City's parking improvement fund in -lieu of providing the two (2) parking spaces, as
set forth in Section 17.44.040(E) of the Zoning Ordinance, at the amount of $28,900
per space as set forth by resolution of the City Council. The payment of fees in -lieu
of required parking shall be made prior to final sign off of applicable building
permits.
7. The applicant shall record on the property, in a form acceptable to the City
Attorney, a covenant restricting the use of the 250 square feet converted storage
space to storage for the restaurant on the second floor and the restaurant on the
ground floor fronting Loreto Plaza, and acknowledging that access from the storage
area to the front space/snack shop at 53 Pier Avenue, is prohibited.
8. An approved Coastal Development Permit issued by the California Coastal
Commission shall be filed with the City prior to commencement of any work. The
project and its operation shall comply with all Coastal Commission requirements,
including but not limited to submittal of the Coastal Development Permit issued by
the California Coastal Commission for development prior to issuance of
construction permits.
9. 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.
10. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance 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.
11. 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.
12. 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 sixty (60) days prior to the expiration date. No additional notice
of expiration will be provided.
Section 11. 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 Parking Plan.
6
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 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 12. 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: Comm.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-16 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
meeting of May 19, 2015.
y) w
Michael Flaherty, Chairman
May 19, 2015
Date
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P.C. RESOLUTION NO. 15-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO
ACCEPT PAYMENT FEES IN -LIEU OF PROVIDING REQUIRED PARKING
ON-SITE TO ALLOW THE CHANGE OF USE OF AN EXISTING MASSAGE
ESTABLISHMENT TO A MEDICAL OFFICE AT 507 PIER AVENUE,
LEGALLY DESCRIBED AS LOT 28, SECOND ADDITION TO 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 Earth Vitality Medical Group, Inc. seeking
approval for a Parking Plan for a change of use at a new medical office and payment of fees in -lieu
of providing required parking.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for Parking Plan 15-3 on May 19, 2015, 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 No. 11 which allows medical offices and retail by right.
2. The applicant requests to convert a 955± square foot space to a medical office with retail.
The retail portion of the building will be at the front along Pier Avenue and equates to
approximately 263 square feet while the remaining 692 square feet to the rear will be
dedicated for medical office use.
3. The tenant space will offer personalized nutrition and proactive wellness products and
services including vitamins, minerals in various forms (tablets, capsules, liquids,
intramuscular and intravenous) as well as food sensitivity, micronutrient and DNA
Telomere testing.
4. There are two parking spaces to the rear of the building. Current standards require four
(4) spaces for the previous massage use while the proposed medical use requires five (5)
spacesl. Section 17.52.035(E) states that when a use of a building nonconforming to parking
is intensified the required additional parking is based on the difference of the new use as
1 Section 17.52.035(E) states that "When the use of an existing commercial, manufacturing or other non-
residential building or structure is changed to a more intense use with a higher parking requirement the
requirement for additional parking shall be calculated as the difference between the required parking as stated in
Section 17.44.030 for that particular use as compared to the requirement for the existing or previous use, which
shall be met prior to occupying the building unless otherwise specified in Chapter 17.44. (Ord. 05-1257 § 8, 2005)"
1
• compared with the prior use. On -street parking along Pier Avenue and neighboring streets
is also available.
Section 4. 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 17.46.210:
1. The dual use of retail and medical may help to reduce parking demand for the building as
opposed to the entire building being designated as a medical office.
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 applicant is unable to provide the required additional parking space on-site.
4. Pursuant to Section 17.44.210 a fee in -lieu of providing required parking is required to
reduce required parking and change use to a medical office.
Section 5. The project is Categorically Exempt from the California Environmental Quality
Act per Guidelines, Section 15303, Class 3(c) New Construction or Conversion of Small Structures
as the infill project is located in an urbanized area and all necessary public services, access and
facilities are available.
• Section 6. Based on the foregoing, the Planning Commission hereby approves Parking
•
Plan 14-6, subject to the following Conditions of Approval:
1. The floor plan shall be substantially consistent with the plan approved by the
Planning Commission on May 19, 2015. Minor modifications to the plans are
required to comply with project conditions or codes may be approved by the
Community Development Director.
a. The front area of the building (minimum 250 square feet) shall be designated
solely for retail and the front facade shall be consistent with the development
standards of Specific Plan Area No.11.
b. All medical consultations and treatments shall be designated for the rear
portion of the building.
2. The improvements and operation shall comply with all requirements of the
Hermosa Beach Municipal Code and the Los Angeles County Health Department,
and Hermosa Beach Community Development, Fire and Public Works
Departments.
a. The use shall comply with all requirements of Chapter 8.44.
2
b. The premises shall be maintained in a neat, clean, litter and graffiti -free
•
manner at all times.
•
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c. Improvement and operation shall comply with water conservation
requirements in Chapter 8.56, food facility inspections in Section 8.04.030,
and sign regulations in Chapter 17.50.
3. The two (2) parking spaces directly to the rear of the tenant space shall be re -striped
and maintained for parking at all times.
4. All parking shall be available for free to customers and employees and no parking
spaces shall be assigned for exclusive use.
5. 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 occupancy of the building
and/or final building permit sign off.
6. 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 Certificate of
Final Occupancy.
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 Parking Plan and may amend the
subject conditions or impose any new conditions if deemed necessary to mitigate
detrimental effects with regard to this Parking Plan 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.
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
3
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.
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,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 15-15 is a true and complete
record of the action taken by the Planning Commission of the City of Hermosa Beach, California
at its regular meeting of May 19, 2015.
(Y1ULt:3zk:J �
Michael .laherty, Chairman RobrtSecretary
May 19, 2015
Date
4
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P.C. RESOLUTION 15-14
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 #73475 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 1072 7TH STREET, LEGALLY DESCRIBED AS LOT 18,
GLORIETTA VILLA 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 on March 23, 2015 by Design Build by South Swell
C/O Steve Lazar for development of property at 1072 7th Street, seeking approval of Conditional
Use Permit 15-4, Precise Development Plan 15-5, and Vesting Tentative Parcel Map #73475 for
a two -unit detached residential condominium project (Assessor Parcel Number 4186-014-008).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on May 19, 2015, 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 urban 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 map to demolish an existing single family residence with attached
garage, shed and room, and develop a two -unit detached residential condominium project.
2. The subject lot contains 5,200 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 Tract Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. 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.
1
2. The site is physically suitable for a two -unit detached residential condominium, with both
• units containing three stories and a two -car garage. Two covered spaces are provided for each
unit with one independently accessible shared guest space.
•
3. 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
any additional non -percolated or retained stormwater will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via 7`h 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.
5. 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.
6. The project as conditioned will conform to all zoning and condominium standards and
will be compatible with neighboring properties, which are developed with similar single-family
and multiple—family residential uses.
7. The design of the subdivision or 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).
8. 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.
9. 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:
1. 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.
• 2. The site is zoned R -2B and is physically suitable for a two -unit detached residential
condominium. Both units contain 3 -stories, a two -car garage, and share one guest parking space.
2
•
•
Unit A contains 3,004 square feet of habitable area and Unit B contains 3,133 square feet of
habitable area.
3. 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.
4. 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 stormwater 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.
5. 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 two- and three-story single and multiple -family residences. The project as
conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,600
square feet, the 30 feet height limit is met, and the 5 foot minimum required front setback is met .
Site redevelopment will increase the height of the majority of the building. Close proximity to
adjacent buildings is common within the City's residential areas and extraordinary privacy issues
are not anticipated.
6. 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 provide 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 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 May 19, 2015, 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) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
3
• b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
•
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) 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.
f) 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.
g)
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.
h) 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.
i) A guest parking space shall be maintained adjacent to Unit B and shall be
equally available to both units.
j)
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:
3. Two copies of a Preliminary and Final Landscaping Plan, consistent with the site
plan 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.
• 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).
4
• 4. 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.
5. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 and install permeable surfaces in the driveway, guest parking space
and other non -landscaped areas to the maximum extent feasible. Curb inlets to allow
drainage to landscape shall be installed. If providing water permeable surfaces on at
least 50% of exterior surface area is not feasible and incorporating measures in
8.60.070(11) to the extent practicable to infiltrate the volume of runoff produced by a
0.75 inch storm event, the applicant shall infiltrate runoff onsite. 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 onsite, subsurface infiltration is achieved.
The amount of the bond shall be determined by the Building Division. All other
drainage shall be routed to an offsite facility or onsite permeable area approved by
the City. To the extent possible, a portion of roof drainage shall be routed to onsite
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.
5
6. 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.
•
•
7. 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.
8. 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.
Final Map and Certificate of Occupancy
11. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
12. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach
Park and Recreation Area Dedication fees for two units in lieu of onsite parkland
dedication pursuant to Chapter 16.12.
13. 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
14. 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.
6
• 15. The form of the notification shall be provided by the Planning Division of the
Community Development Department.
16. Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
17. 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.
18. 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.
19. 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.
20. 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.
Other:
21. 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.
22. 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.
23. 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.
7
•
•
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,Perrotti,Pizer,Chmn.Hoffman
NOES: None
ABSTAIN: None
ABSENT: Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-14 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, alifo ia, its regular
meeting of May 19, 2015.
Michael Flaherty, Chairman obertson, Secretary
May 19, 2015
Date
RESOLUTION P.C. 15-13
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF AN
ORDINANCE AUTHORIZING THE ERECTION OF EXTENDED TEMPORARY
SIGNS BY AUTOMOBILE DEALERS WITH FRONTAGE ON PACIFIC COAST
HIGHWAY FOR AN ADDITIONAL ONE-YEAR PERIOD AND SUPERSEDING
ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREWITH
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
SECTION 1. On February 25, 2014, the City Council of Hermosa Beach initiated a code
amendment to the Municipal Code to allow automobile dealers to continue to display banner -type signs at
their businesses along Pacific Coast Highway for a period not to exceed one year during which time the
effects could be studied. On April 15, 2014 the Planning Commission adopted Resolution 14-7
recommending a maximum of 100 square feet of sign area (only one face of a double -face sign would
count toward the total), with a maximum height of 20 feet. The City Council on June 24, 2014 adopted
Ordinance 14-1347, a temporary regulation authorizing extended temporary signs by automobile
dealers for a one-year period from the effective date of the ordinance.
SECTION 2. The Planning Commission held a duly noticed public hearing on April 21, 2015 to
consider a text amendment to allow banner type signs for auto dealers with frontage on PCH on a
permanent basis (TEXT 15-1).
• SECTION 3. The proposed amendment is exempt from the California Environmental Quality
Act per CEQA Guidelines Section 1506(b)(c) of Title 14 of the California Code of Regulations on the
basis that the proposal is limited to the Pacific Coast Highway corridor only to legalize existing
signage for auto dealers of which there are only three, and any new dealership requires a conditional
use permit which provides the opportunity to restrict signage, the amendment is a minor adjustment of
existing regulations, and the proposal is consistent with the intent of the General Plan and Zoning
designations to support highway oriented uses.
SECTION 4. The Planning Commission hereby recommends City Council extend the
temporary ordinance for an additional one-year period allowing banner type signage for automobile
dealerships on Pacific Coast Highway for another year.
VOTE: AYES: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 15-13 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 21, 2015.
• Michael Flaherty, Chairman
April 21, 2015
Date
Ro: e — son, Secretary
•
•
•
P.C. RESOLUTION 15-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF A GENERAL PLAN, LAND USE ELEMENT, LAND USE
MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO OS (OPEN
SPACE) AND REZONE FROM C-2 (RESTRICTED COMMERCIAL) TO OS
(OPEN SPACE), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW
AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE)
OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. The City of Hermosa Beach initiated an application for an amendment to the
General Plan Land Use Map from GC (General Commercial) to OS (Open Space) and rezone
from C-2 (Restricted Commercial) to OS (Open Space) on two parcels totaling 6685+ square feet
owned by the City of Hermosa Beach and currently occupied by City Police and Fire Department
operations and Friends of the Library, including 1309 Bard Street, located to the rear of the Civic
Center, on the west side of Bard Street adjacent to the City of Hermosa Beach employee parking
lot (Assessor's Parcel Numbers 4187-020-905 and 4187-020-906). (GP 15-2, ZON 15-1)
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on April 21, 2015, at which time testimony and evidence, both
written and oral, was presented to and considered by the Planning Commission.
Section 3. The proposed General Plan Amendment and rezoning is Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
Section 15322 because the project conforms General Plan and Zoning designations with land
uses on the parcels that have existed for over a decade within existing buildings which will not
be expanded or materially altered; the site is an existing urbanized site of less than one acre; the
amendments are otherwise consistent with the intent of the proposed General Plan and Zoning
designations; the amendments would not result in significant effects to traffic noise, air quality,
or water quality; the site currently exhibits adequate utilities and public services; and therefore
no impacts will occur.
Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The parcels are designated GC (General Commercial) on the General Plan Land Use Map
and are zoned C-2 (Restricted Commercial).
2. The subject lots are owned by the City and have been and will continue to be occupied by
Police and Fire Department operations and the Friends of the Library, and the redesignations will
conform land uses and designations and provide for the orderly development of the City.
1
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•
Section 5. Based on the foregoing, the Planning Commission hereby recommends
approval of a General Plan Land Use Map amendment from GC (General Commercial) to Open
Space (OS) and Rezone from C-2 (Restricted Commercial) to OS (Open Space) as shown in
Exhibits A and B, respectively, attached hereto.
VOTE: AYES: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-12 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 21, 2015.
Michael Flaherty, Chairman - - " obertson, Secretary
April 21, 2015
Date
2
General Plan Amendment from GC to OS
•
•
•
•
Exhibit B
Rezone from C-2 (Restricted Commercial) to OS (Open Space)
•
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•
P.C. RESOLUTION 15-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN
TO CLASSIFY AN ICE CREAM SHOP ("PARADIS") AS A SNACK SHOP
FOR PURPOSE OF CALCULATING PARKING REQUIREMENTS, AT
1309 HERMOSA AVENUE, LEGALLY DESCRIBED AS A PORTION OF
LOT 29, BLOCK 14, HERMOSA BEACH TRACT, CITY OF HERMOSA
BEACH, CALIFORNIA
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Lars Hartmann of Basserne, LLC, seeking
approval for a Parking Plan to classify an ice cream shop ("Paradis") as a `snack shop' for
purpose of calculating parking requirements at 1309 Hermosa Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider Parking Plan 15-2 on April 21, 2015, 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 applicant proposes to occupy an existing retail space of 585 square feet within a
multi -tenant building. The subject site is zoned C-2, Restricted Commercial, which
allows snack shops by right.
2. The proposed ice cream shop will offer ice cream, sundaes, milkshakes and other hot and
cold beverages. Cooking appliances will be limited. Submitted floor plans indicate that
the establishment will have no seating area. Customers will queue for food service and
consume purchases off the premises.
3. The applicant requests to classify an ice cream shop as a `snack shop,' which allows
consideration of the parking standard for retail uses pursuant to Section 17.04.050,
thereby requiring no additional parking, rather than as a restaurant use which per Section
17.44.040(B) would require 6 spaces.
Section 4. Based on the foregoing, the Planning Commission makes the following
findings that the proposed use is a snack shop and will not intensify parking demand:
1. The proposed ice cream shop is consistent with the definition of a `snack shop' per
H.B.M.C. Section 17.04.050 because the establishment will not have seating but instead
provides a customer queuing area and a counter for ordering, has a limited menu
excluding alcoholic beverages, will not offer sit-down table service, and will not have a
kitchen capable of serving meals as evidenced by the lack of cooking facilities.
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2. Pursuant to H.B.M.C. Section 17.44.210, the proposed use will not intensify parking
demand in comparison to the previous retail establishment. The use will mainly attract
walk-in customers who are already in Hermosa's beach, bicycle and pedestrian oriented
downtown, rather than creating new vehicle trips as the driver's sole destination.
3. Pursuant to H.B.M.C. Section 17.44.030(0), the retail parking standard (one space per
250 square feet of gross floor area) is therefore appropriately applied to the proposed use.
Section 5. The project is Categorically Exempt from the California Environmental
Quality Act per Guidelines, Section 15303, Class 3, New Construction or Conversion of Small
Structures as the infill project is located in an urbanized area, involves no expansion of floor area
or intensification of use, and all necessary public service, access and facilities are available.
Section 6. Based on the foregoing, the Planning Commission hereby approves Parking
Plan 15-2, subject to the following Conditions of Approval:
1. The use shall be substantially consistent with the applicant's submittal reviewed and
approved by the Planning Commission on April 21, 2015 except as provided by this
permit. Minor modifications that do not increase the use or create parking demand
may be approved by the Community Development Director.
2. The use shall comply with the requirements of a snack shop as defined in the
Hermosa Beach Municipal Code Section 17.04.050, including limited food service of
snacks, no more than 25 seats, no waiter/waitress table service except queuing, shall
not serve full meals or have a kitchen capable of serving meals, no commercial
range hoods and/or equipment requiring a Type 1 range hood (microwave and
warming ovens may be used), and no service of alcoholic beverages.
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
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. Approval of this permit shall expire twelve (12) 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 sixty (60)
days prior to the expiration date. No additional notice of expiration will be
provided.
2
•
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 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 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.
VOTE: AYES: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-11 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 21, 2015.
Michael Flaherty, Chairman
April 21, 2015
Date
3
n Robn, Secretary
•
•
P.C. RESOLUTION 15-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT
PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND TENTATIVE PARCEL
MAP NO. 73365 TO MODIFY AN APPROVED DUPLEX UNDER CONSTRUCTION
FOR USE AS A TWO -UNIT DETACHED RESIDENTIAL CONDOMINIUM AT
1460 BAYVIEW DRIVE AND 1461 MONTEREY BOULEVARD, LEGALLY
DESCRIBED AS LOT 28, TRACT 1069, ASSESSOR PARCEL NUMBER 4183-013-
158, 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 Mark Fishman, c/- TWT2012, A Connecticut Limited
Partnership, seeking approval for a Precise Development Plan amendment, Conditional Use Permit, and
Tentative Parcel Map No. 73365 to modify an approved duplex under construction for use as a two -unit
detached residential condominium at 1460 Bayview Drive and 1461 Monterey Boulevard (Assessor Parcel
Number 4183-013-158) and determination that the project is categorically exempt from the California
Environmental Quality Act.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
subject application on April 21, 2015, 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 urban 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 amendment, conditional use
permit and vesting tentative map to convert an existing duplex under construction for use as a
residential condominium. The applicant applied for a duplex in 2011 which was approved per
Planning Commission Resolution No. 11-9. The development began construction in 2011 and at the
time of this report both units have yet to be completed but the skeleton of the buildings (i.e.
foundation, framing) has been constructed. The applicant has now applied to develop the lot for a
two -unit detached residential condominium. No additional residential units are proposed; rather the
applicant seeks to finish the construction of Unit A fronting Bayview Drive thereby making no
changes to the layout, floor plans, etc. and demolish Unit B and construct a new detached unit of
similar size and scope as the previously approved duplex from 2011.
2. The subject lot contains 2,910 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 Tract Map pursuant to the California
Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code:
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1. 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.
2. The site is physically suitable for a two -unit attached residential condominium, with both units
containing three stories and a garage. Three covered spaces are provided for Unit A (fronting Bayview
Drive) and two covered spaces and two guest spaces are provided for Unit B (fronting Monterey Blvd).
3. 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 stormwater retention
facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any additional non -percolated or
retained stormwater will be conveyed to an onsite subsurface infiltration system as required by Section
15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Bayview Drive and Monterey Blvd 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.
5. 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.
6. The project as conditioned will conform to all zoning and condominium standards and will be
compatible with neighboring properties, which are developed with similar single-family and multiple—family
residential uses.
7. The design of the subdivision or 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).
8. 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.
9. 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:
1. 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.
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2. The site is zoned R-3 and is physically suitable for a two -unit attached residential condominium.
Both units contain 3 -stories and a garage. Parking access for Unit A is provided via Bayview Drive leading
to a three -car garage. The parking configuration is such that the guest parking space is located in front of the
two garage spaces thereby requiring both cars at the front of the garage to move in order to access the third
space at the rear of the garage. The guest space is 17 feet 6 inches in length when 20 feet is required for
garage spaces.
The parking configuration is unorthodox however, parking standards do not prohibit this arrangement since
the parking will serve a single unit. As far as the 17 feet 6 inch guest parking space length, standards in the
City vary depending on if they are covered or uncovered. Covered spaces require a 20 feet length while
uncovered spaces require 17 feet 6 inches in length; as evident by the two guest parking spaces located in
front of Unit B being 17 feet 6 inches in length. The less than required existing length of Unit A guest
parking space will not be detrimental to the property because it meets uncovered residential parking
standards and the space will be utilized by only one unit as opposed to multiple units.
3. Unit A contains 1,230 square feet of habitable area and Unit B contains 2,472 square feet of
habitable area.
4. 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.
5. 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 stormwater 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.
6. 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 two- and three-story single and multiple -family residences. The project as conditioned complies with
Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,100 and 1,600 square feet, the 30 feet
height limit is met, and the front setback is equal to the 5 foot minimum required. Site redevelopment will
increase the height of the majority of the building. Westerly facing balconies are located on the third level of
both units; Unit A balcony overlooks Bayview drive while Unit B balcony overlooks Unit A. Close
proximity to adjacent buildings is common within the City's residential areas and extraordinary privacy
issues are not anticipated.
7. 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
provide 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.
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Section 7. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a 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 April 21, 2015,
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) Design and construction shall comply with Section 17.22.060 except as specifically stated in
this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar energy and
solar thermal shall also be supplied per Section 1532.140.
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in accordance
with Section 17.22.060(E).
e) 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) All parking spaces shall remain available for parking and shall not be used for storage or
other purposes. Storage of boats, trailers, and recreational vehicles shall not be allowed.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
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Building Plans:
5. Two copies of a Preliminary and Final Landscaping Plan, consistent with the site plan
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.
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 shall comply with Subsection A4.106.4 (water permeable surfaces) of Section
15.48.020 and install permeable surfaces in the driveway, guest parking space and other non -
landscaped areas to the maximum extent feasible. Curb inlets to allow drainage to landscape shall
be installed. If providing water permeable surfaces on at least 50% of exterior surface area is
not feasible and incorporating measures in 8.60.070(H) to the extent practicable to infiltrate the
volume of runoff produced by a 0.75 inch storm event, the applicant shall infiltrate runoff
onsite. 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 onsite, subsurface infiltration is achieved. The amount
of the bond shall be determined by the Building Division. All other drainage shall be routed to
an offsite facility or onsite permeable area approved by the City. To the extent possible, a
portion of roof drainage shall be routed to onsite permeable areas. No drainage shall flow
over any driveway or sidewalk.
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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.
Final Map and Certificate of Occupancy
12. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter
16.08 of the Municipal Code.
13. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park and
Recreation Area Dedication fees for two units in lieu of onsite parkland dedication pursuant to
Chapter 16.12.
14. Prior to approval of the Final Map, and prior to issuance of a Certificate of Occupancy,
outstanding assessments must either be paid in full or apportioned to any newly created
parcels. Notice of same shall be provided to the Community Development Director. Assessment
payoff amounts may be obtained by calling the City's Assessment Administrator at (800) 755-
6864. Applications for apportionment may be obtained in the Public Works Department.
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Construction
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
Other:
20. 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.
21. 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.
22. 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
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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,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-10 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California, at its regulate: eeting of • p� 21, 2015.
Michael Flaherty, Chairman
April 21, 2015
Date
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P.C. RESOLUTION 15-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO EXTEND
HOURS FOR SALES, SERVICE AND CONSUMPTION OF BEER
AND WINE FROM 10:00 P.M. TO 11:00 P.M. AND
RESTRICTING HOURS OF OPERATION TO 11:00 P.M. DAILY,
AND DENYING A REQUEST TO EXTEND HOURS FOR SALES,
SERVICE AND CONSUMPTION OF BEER AND WINE AFTER
11:00 P.M., IN CONNECTION WITH A RESTAURANT AT 36
PIER AVENUE (GREENBELT)
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed by Michael Santormieri of Greenbelt Restaurant on
property owned by Gerry Delin seeking approval of an amendment to a Conditional Use Permit
for an extension of on -sale beer and wine service hours from 7:00 a.m. to 10:00 p.m., to 12:00
midnight daily in conjunction with an existing restaurant which is not restricted in operating
hours. The applicant on March 16, 2015 submitted a modified request to extend hours for beer
and wine from 10 p.m. to 12:00 midnight on Friday and Saturdays nights, and to 11 p.m. on
Sunday through Thursday and to close the business at those times.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Conditional Use Permit Amendment 15-1 on March 17, 2015, at
which testimony and evidence, both oral and written, was presented to and considered by the
Planning Commission, at which time the Commission directed staff to return with a resolution to
approve a CUP amendment to extend hours for sale, service and consumption of beer and wine
fro 10:00 p.m. to 11:00 p.m. daily and to require the business to close by 11:00 p.m. daily.
Section 3. Based on the testimony and evidence received, the Planning Commission
makes the following factual findings:
1. The site is located on Pier Plaza within the downtown area of the City of Hermosa Beach
and is zoned C-2, Restricted Commercial, which allows restaurant uses and on -sale beer
and wine service with approval of a Conditional Use Permit.
2. The existing restaurant with on -sale beer and wine is operating under City Council
Resolution 00-6059, which allows on -sale beer and wine in conjunction with a restaurant
from 7:00 a.m. to 10:00 p.m., seven days per week. Outdoor dining on Pier Plaza is
allowed pursuant to a Parking Plan approved per Planning Commission Resolution 13-2 and
an encroachment permit.
3. The downtown area of the City of Hermosa Beach, which comprises Pier Avenue,
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Hermosa Avenue and Pier Plaza, currently contains close to 50 on -sale establishments of
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which close to half are on -sale beer and wine. Currently on Pier Plaza there are 7
• restaurants with beer and wine, and 12 restaurants and bars with general alcohol.
4. The City has adopted a late night intensification ordinance in 17.40.080(B) of the
Municipal Code which seeks to reduce the potential for adverse impacts associated with
late-night alcohol beverage establishments by, among other means, preventing an
increase in the cumulative number of hours that these establishments operate after 11:00
p.m. Section 17.40.080(B)(3) provides incentives (such as modified operating rights like
live entertainment, space for dance floors, etc.) that may be considered in exchange for
reducing late night hours provided impacts associated with the change in on -sale
operating rights can be mitigated. Section 17.40.080(B) further states, "In granting
incentives, the Planning Commission, or City Council on appeal, shall find that the
incentive does not exacerbate the adverse impacts sought to be reduced by the reduction
in hours."
Section 4. The project is Categorically Exempt pursuant to Section 15303c of the
California Environmental Quality Act because no physical changes to the premises or
surrounding will occur.
Section 5. Based on the foregoing factual findings the Planning Commission makes the
following findings supporting approval of a Conditional Use Permit Amendment to extend hours
for beer and wine to 11:00 p.m. and to close the business at that time per Section 17.40.020, and
disallowing the request to additionally extend hours for beer and wine and to close the business
• at 12 midnight on Friday and Saturday nights pursuant to Subsections H, I and J of 17.40.020
and 17.40.080(B) of the Municipal Code:
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1. Allowing extension of hours for sale, service and consumption of beer and wine until
11:00 p.m. is consistent with Section 17.40.080(B)(1) which seeks to reduce the potential
for adverse impacts associated with late-night alcohol beverage establishments by, among
other means, preventing an increase in the cumulative number of hours that these
establishments operate after 11:00 p.m.
2. Allowing the extension of hours to 11:00 p.m. will not result in adverse impacts because
the occupant load is only 40 persons including the outdoor patio, no live entertainment is
permitted, the time period is consistent with the dinner hour, there are no other on -sale
establishments on the Plaza which close at an earlier time and therefore the extension of
hours does not create a precedence, and the 11:00 p.m. close maintains staggered hours
on the Plaza.
3. The proposal to extend hours for sale, service and consumption of beer and wine from to
12:00 midnight on Friday and Saturday nights is inconsistent with Section
17.40.080(B)(1) which seeks to reduce the potential for adverse impacts associated with
late-night alcohol beverage establishments by, among other means, preventing an
increase in the cumulative number of hours that these establishments operate after 11:00
p.m. Extension later than 11:00 p.m. would be inconsistent with the intent of Section
17.40.080(B)(3) which allows consideration of incentives to reducing late night hours
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because the business typically closes by 11:00 p.m., alcohol service is restricted to 10:00
p.m. by the ABC License and the CUP, and therefore, closing the business by 12:00
midnight would not result in a decrease in actual late night operating hours.
4. The proposal to extend hours for sale, service and consumption of beer and wine from
10:00 p.m. to 12:00 midnight on Friday and Saturday nights will result in increased
potential for the establishment to assume the character of a bar and for patrons to become
intoxicated and thereby cause disturbances later into the night. Since a CUP runs with
the land potential future changes in ownership, management or business model could
result in additional late night impacts.
5. The proposal to extend hours for sale, service and consumption of beer and wine from
10:00 p.m. to 12:00 midnight on Friday and Saturday nights will add to the considerable
concentration of such establishments and people on the Plaza and in the downtown
especially on weekends and holidays, increasing the potential for noise and behavioral
problems, and impacts to residential and commercial uses. These issues are well
documented and ongoing:
9/11 /12 and 9/27/12 City Council Staff Reports - Late Night Ordinance:
http://hermosabeach.granicus.com/MetaViewer.php?view id=6&clip id=1999&meta_id=110427
http://hermosabeach.granicus.com/MetaViewer.php?view id=6&clip id=2026&meta id=111482
8/26/15 City Council Staff Report- On -Sale establishment issues
http://hermosabeach.granicus.com/MetaViewer.php?view id=6&clip id=3242&meta id=157605
6. The Police Chief advises that an increase in hours in which alcohol may be sold on Pier
Plaza given the concentration of late night establishments strains police services which
may affect public safety and increase costs to the City and impacts the capacity to service
other areas of the city.
7. The proposal to extend hours for sale, service and consumption of beer and wine from
10:00 p.m. to 12:00 midnight on Friday and Saturday nights is contrary to a stated
objective of Section 17.40.080(B)(1) to `reduce the potential for adverse impacts
associated with late night alcohol beverage establishments' and conditions cannot be
identified which would offset the adverse impacts sought to be reduced by the reduction
in hours.
Section 6. Based on the foregoing, the Planning Commission hereby approves a
Conditional Use Permit Amendment to extend sales, service and consumption of beer and wine
from 10:00 p.m. to 11:00 p.m. and to close the business by 11:00 p.m. daily at 36 Pier Avenue
subject to the following Conditions of Approval:
1. The project shall be substantially consistent with submitted plans as reviewed by the
Planning Commission on January 18, 2000. Modifications to the plan shall be
reviewed and may be approved by the Community Development Director provided
they do not intensify the use.
• 2. Hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. daily. All alcohol
sales, service and consumption shall cease and all customers shall vacate the
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premises no later than the stated time of close and the entrance doors shall be
locked. Staff may remain onsite after the business is closed to the public for the
purposes of cleaning, site maintenance and securing the premise only.
3. The continued operation of the business shall be as a bona fide public eating
establishment (1) whose primary function is the sale or offering for sale of prepared
food during all hours it is open for business, and (2) that prepares food on-site in a
kitchen capable of refrigerating and preparing food from its component ingredients.
4. City Council Resolution 00-6059 is hereby superseded and of no further effect. The
Parking Plan per Planning Commission Resolution 13-2 to accommodate outdoor
dining pursuant to Section 17.44.210 shall remain in force and effect.
4. The establishment shall not adversely affect the welfare of the residents, and/or
commercial establishments nearby.
5. The business shall provide adequate staffing, management and supervisory
techniques to prevent loitering, unruliness, and boisterous activities of the patrons
outside the business and in the parking areas.
6. Noise emanating from the property shall be within the limitations prescribed by the
City's noise ordinance, and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments.
7. The Police Chief may determine that a continuing police problem exists, and may
authorize the presence of a police approved doorman and/or security personnel to
eliminate the problem, and then shall submit a report to the Planning Commission,
which will automatically initiate a review of this conditional use permit by the
Commission.
8. The exterior of all the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
9. Any significant changes to the interior layout which would alter the primary
function of the business as a restaurant shall be subject to review and approval by
the Planning Commission.
10. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
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.
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Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
from any claim, action, or proceeding against the City or its agents, officers, or employee to
attack, set aside, void or annul this permit approval, which action is brought within the applicable
time period of the State Government Code. The City shall promptly notify the permittee of any
claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate
fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold
harmless the City.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of these conditions.
Section 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.Hoffman,Pizer,Chmn.Flaherty
NOES: Comms.Allen,Perrotti
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-9 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 March 17, 2015 and memorialized on April 21, 2105.
Michael Flaherty, Chairman
g6.///s-
Date
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/Ken Robertson, Secretary
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Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees
from any claim, action, or proceeding against the City or its agents, officers, or employee to
attack, set aside, void or annul this permit approval, which action is brought within the applicable
time period of the State Government Code. The City shall promptly notify the permittee of any
claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate
fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold
harmless the City.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
development or activity on the subject property. Failure of the permittee to cease any
development or activity not in full compliance shall be a violation of these conditions.
Section 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.Hoffman,Pizer,Chmn.Flaherty
NOES: Comms.Allen,Perrotti
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15 -XX is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
meeting of March 17, 2015 and memorialized on April 21, 2105.
Michael Flaherty, Chairman
gb- ///
Date
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en Rober�n, Secretary
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P.C. RESOLUTION 15-8
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW INSTALLATION OF A WALK-UP AUTOMATED
TELLER MACHINE (ATM, WELLS FARGO BANK) AT 1307 HERMOSA
AVENUE AND REMOVAL OF AN ATM FACILITY WITH MINOR
MODIFICATIONS TO THE FACADE OF THE CITY -OWNED BUILDING
AT 1309 HERMOSA AVENUE, AND DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
Section 1. An application for a Conditional Use Permit was filed by CIM Group, Inc. on
behalf of Wells Fargo Bank seeking approval to establish an outdoor walk-up ATM, inset within the
facade of an existing building owned by the City, fronting Hermosa Avenue, at 1307 Hermosa
Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for a Conditional Use Permit (CUP 15-2) on March 17, 2015, at which 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 at the public
hearing, both written and verbal, the Planning Commission makes the following factual findings:
1. The proposed project is an outdoor ATM fronting the public right-of-way, proposed to
be located at 1307 Hermosa Avenue (new address for the ATM). The ATM will be recessed within
the facade at the northern end of the ground floor tenant space at 1307 Hermosa Avenue. An ATM
accessory to the same tenant space previously occupied by Kinecta Federal Credit Union (1309
Hermosa Avenue) will be removed and the facade of the building restored. The unit will not
encroach into public right-of-way. Two illuminated panels installed within the ATM unit
approximately 24 inches by 18 inches will provide lighting; the upper panel contains the words
`Wells Fargo' and is considered to be a sign. In removing the existing ATM, a planter will also be
removed and new sidewalk poured and glass sliding door replaced by a window; this work appears
to be contained within the property boundaries.
2. The proposed location is zoned C-2 Restricted Commercial, which allows banking and
financial institutions by right. Outdoor uses for uses listed in the permitted use list require a
Conditional Use Permit per Section 17.26.050 of the Hermosa Beach Municipal Code (H.B.M.C.).
3. There is an existing ATM currently located within the same building facade at 1309
Hermosa Avenue. However, this location has been found to be non-compliant with 2013 California
Building Code accessibility standards as the area to the front of this ATM on the public right-of-
way is sloped greater than 1:48. The proposed ATM location will provide level access to the ATM
from the sidewalk.
• Section 4. The project is Categorically Exempt from the California Environmental Quality
Act pursuant to Section 15301(a) of the CEQA Guidelines because the proposal involves only
1
minor alterations to an existing building, and such changes will not adversely affect the surrounding
•
area.
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Section 5. Based on the foregoing factual findings pertaining to the application for a
Conditional Use Permit to establish an outdoor ATM on the public right-of-way, pursuant to
H.B.M.C. Section 17.40.020, the use is supportive of and compatible with commercial and
residential uses in the surrounding area and will not adversely affect city services or infrastructure,
as follows:
1. Distance from existing residential use: The subject site is located on Hermosa Avenue
and within the City's Downtown commercial area, a pedestrian -oriented
commercial/recreational area. The nearest residential use is located approximately 100 feet
away along 14th Court, opposite the City's parking structure. It is anticipated that the
majority of ATM users will access this new facility on foot mainly via Hermosa Avenue
and en route to other retail and/or commercial sites in the Downtown area. As such,
significant impacts to residential uses are not anticipated.
2. Required parking facilities: Per Chapter 17.44, financial institutions require one parking
space per 250 square feet of floor area. As the proposed use will occupy less than 30 square
feet of space it does not generate the requirement for any additional parking spaces.
Currently, one 15 -minute restricted parking space is located on the western side of Hermosa
Avenue immediately adjacent to the subject site. This parking space allows short-term
parking for users of local facilities, including this ATM. In addition, this ATM use is
anticipated to support nearby commercial uses, rather than creating destination -specific
trips, so no increase in parking demand is anticipated.
3. Location of and distance to churches, schools, hospitals and public playgrounds: The
site is located on Pier Plaza, away from churches, schools, and playgrounds. No impacts
are anticipated.
4. The combination of proposed uses: The project site is located on Hermosa Avenue, a
pedestrian oriented commercial street containing a mix of food establishments, retail shops,
and services. The proposed project will support existing retail and commercial uses and no
conflicts are anticipated.
5. Precautions taken by the owner or operator to assure compatibility with surrounding
uses: The applicant has proposed to place the ATM in alignment with the existing building
facade to maintain a clean appearance and limit encroachment onto the public right-of-way.
The ATM unit is well lit to provide safety at night for users and is partially screened by the
design of the existing building facade. Approval is conditioned on provision of a City -
approved trash receptacle on Hermosa Avenue sidewalk proximate to the ATM site to
minimize littering by ATM users.
6. The relationship of the proposed business generated traffic volume and the size of streets
serving the area: The proposed use will be an independent use, but is accessory to existing
commercial uses making destination -specific trips unlikely. Therefore the ATM is not
anticipated to increase traffic.
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7. The proposed exterior signs and decor, and the compatibility thereof with existing
establishments in the area: The proposed ATM unit includes two lit panels approximately
24inches by 18 inches. The upper panel also contains the words `Wells Fargo' and is
therefore also considered an illuminated sign and will require a Sign Permit. The proposed
sign and lighting panels are compatible with existing signs in Pier Plaza and meet all
requirements of H.B.M.C. Chapter 17.50. Approval to install the Wells Fargo ATM is also
conditioned on the applicant's restoration of the storefront where the existing Credit Union
ATM will be removed. Building permits will be required for facade restoration and ATM
installation.
8. The number and concentration of similar establishments or uses within close proximity
to the proposed establishment: There are three existing financial institutions within a 500'
radius of the subject site, Citibank, Bank of America and J.P. Morgan Chase all of which
offer a wide variety of financial services, including ATM facilities. Various local
businesses also have ATMs onsite as a convenience to customers, although these provide
limited financial services and charge user fees. This ATM will provide limited financial
services and so is unlikely to impact existing financial institutions in the downtown area.
9. Noise, odor, dust and/or vibration that may be generated by the proposed use: No noise,
odor, dust and/or vibration is anticipated from the proposed use.
10. Impact of the proposed use to the city's infrastructure, and/or services: The Police Chief
states that ATMs can become targets for increased crime. However, there have been no
reported public safety issues with the existing Credit Union ATM in this location so no
increase in crime is anticipated with the replacement ATM. Approval is conditioned on the
applicant installing a trash receptacle adjacent to the corner of Hermosa Avenue and 14th
Court. The proposed use supports retail and commercial uses in the Downtown and, as
conditioned, is not anticipated to impact City infrastructure and/or services.
11 Other considerations that, in the judgment of the planning commission, are necessary to
assure compatibility with the surrounding uses, and the city as a whole: No other issues
are identified.
Section 6. Based on the foregoing, the Planning Commission hereby approves the
requested Conditional Use Permit for an outdoor ATM fronting the public right-of-way, subject to
the following Conditions of Approval:
1. The project site, design, and use shall be substantially consistent with the
submitted plans reviewed and approved by the Planning Commission on March
17, 2015 except as provided by this permit. Minor modifications to the plans
required for compliance with project conditions may be approved by the
Planning Director.
2. Use of the Automatic Teller Machine (ATM) at 1307 Hermosa Avenue shall not
commence until the Director of Community Development has approved
submitted plans to remove the existing ATM and restore the storefront at 1309
Hermosa Avenue where the existing ATM is to be removed.
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3. The use shall .comply with all requirements of the Public Works, Building and
Fire Departments, the Municipal Code and Public Works standards, and all
other requirements of law.
4. A solid waste receptacle to reduce litter from ATM users proximate to the ATM
shall be provided to the satisfaction of the Public Works Department, and the
area shall be maintained free of litter and graffiti.
5. The use shall not impede ingress or egress or pedestrian circulation.
6. A Sign Permit shall be obtained in compliance with Chapter 17.50.
7. If a review of this Conditional Use Permit occurs, the Planning Commission may
amend the above conditions and/or impose any new conditions deemed necessary
to mitigate detrimental impacts on the environment or neighborhood arising from
use of the premise.
8. Approval of this permit shall expire twelve (12) 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 sixty
(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 Conditional Use Permit shall be recorded and proof of recordation
shall be submitted to the City of Hermosa Beach.
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 Conditional Use Permit.
4
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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,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-8 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting
of March 17, 2015.
ifYlAc.L
Michael Flaherty, Chairman
March 17, 2015
Date
5
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P.C. RESOLUTION 15-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
MASTER PARKING PLAN IN CONNECTION WITH RETAIL
SALES/DISPLAY ENCROACHMENT AREAS ON PIER PLAZA
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. On January 20, 2015 the Planning Commission initiated a master parking
plan to consider whether to allow a reduction in the number of parking spaces for retail.
sales/display encroachment areas on Pier Plaza upon a showing that adequate parking will be
provided for customers, clients, visitors and employees, or whether in -lieu fees may be paid, as
well as who would pay them.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the a master parking plan (PARK 15-1) on March 17, 2015, at which 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:
A. On January 20, 2015 the Planning Commission in connection with a text amendment to
allow and regulate retail sales/display encroachments on Pier Plaza/Loreto Plaza, and
initiated a master parking plan application to comprehensively consider reduced parking
requirements for retail sales/display encroachment areas adjacent to certain retail
locations. Onsite parking opportunities do not exist for these businesses.
Encroachment
Business Frontage Encroachment Excluding 5' aisle
50 Pier Avenue
74 Pier Avenue
25 Pier Avenue
31 Pier Avenue
49 Pier Avenue
65 Pier Avenue
Treasure Chest 30' frontage 390 sf encroachment 325 sf encroachment
Robert's Liquor 30' frontage Not allowed Not allowed
Pier Surf
Tiki Mon
Beach Shop
Spyder
15' frontage
15' frontage
30' frontage
60' frontage
195 sf encroachment
195 sf encroachment
390 sf encroachment
780 sf encroachment
Total
130 sf encroachment
130 sf encroachment
325 sf encroachment
715 sf encroachment
1950 SF / 250 = 8 Spaces
B. The proposed ordinance would allow retail sales/display encroachments on Pier
Plaza/Loreto Plaza pursuant to an encroachment permit. Encroachment areas for
businesses that desired to apply for an encroachment permit would be 13 feet in depth by
the width of a retail business frontage on Pier Plaza, or 5 feet in depth by the width of a
retail business frontage on Loreto Plaza. The current parking standard is one space per
250 square feet of gross floor area. The total of the encroachment areas considered by
this Parking Plan would be 1,950 square feet, which equates to 8 parking spaces.
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C. New retailers locating in tenant spaces other than those listed above that desired an
encroachment area would be required to provide parking or apply for a separate parking
plan.
Section 4. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to 17.44.210 of the Municipal Code substantiating that parking will
be adequate for the intended use:
A. The primary purpose of the outdoor retail encroachment area is to catch the attention of
people in the area, let them know the businesses are open, and attract them to the
businesses. These are people who have a line of sight, typically being persons on the
plaza who are walking, biking or skating. Because these are people already on the plaza
the outdoor retail encroachment areas will not create new trips or parking demand.
B. The outdoor retail areas are essentially a business marketing tool to attract people who
walk by to the businesses. Due to the scale of and activity on Pier Plaza, compared with
the limited scale of the outdoor retail areas, it is unlikely that a substantial number of
people driving by on Hermosa Avenue or west on Pier Avenue would notice merchandise
which is within the small fenced encroachment areas and be attracted to the businesses.
Thus people attracted will likely be biking, walking or skating and will not create a
parking demand.
C. Retailers must move merchandise from the outdoor encroachment areas into their stores
when the businesses are closed. Retailers are also likely to also move merchandise inside
or not place it outside when warranted by business conditions or weather. Therefore, it is
probable that the quantity of merchandise and intensity of the use would not be increased
due to the outdoor retail areas. Since parking demand is based on floor area, if this
additional floor area does not materially increase the intensity of the use, then arguably
parking demand would not be increased. This is in contrast to the outdoor dining
encroachment areas on Pier Plaza which provide permanent seating and customer service,
in addition to that within the establishment.
D. The encroachments areas would represent approximately a 10 to 12% increase in floor
area of existing retail businesses (property depth of approx. 95 feet) making it unlikely
that additional employees will be hired due to this increase. Unlike outdoor dining
encroachments which materially increase the seating of some restaurants on Pier Plaza
and unlike the nature of food service which requires much greater interaction with the
customer, customer service required for people browsing customers within the small
retail encroachment areas is minimal. Therefore, it is not anticipated that employment
base and associated parking demand would materially increase as result of the retail
encroachment areas.
E. Outdoor retail areas vary significant from 130 to 715 square feet based on current
configurations, and the larger spaces may provide more flexibility to the business in
arranging, increasing or diversifying merchandise. However, since the total number and
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size of each retailer remains limited, and the types of merchandise is fairly varied,
focusing on visitor goods in a beach environment, it is likely that these retail businesses
are not destinations that generate parking demand, but part of a larger downtown
experience.
Section 5. The project is Categorically Exempt from the California Environmental
Quality Act per Guidelines, Section 15301, Class 1, Existing Facilities as the project consists of
appurtenant areas and structures (railings) accessory to existing retail businesses, to be located on
paved surfaces which are part of a public plaza and which will be temporarily but regularly
occupied by merchandise of the adjacent businesses, located in an urbanized area with
availability of all necessary public services, access and facilities.
Section 6. Based on the foregoing, the Planning Commission hereby approves Master
Parking Plan (PARK 15-1). '
VOTE: AYES: Comms. Allen, Perrotti, Pizer, Chmn. Flaherty
NOES: None
ABSTAIN: Comm. Hoffman
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 15-7 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at its regular
• meeting of March 17, 2015.
Michael Flaherty, Chairman
March 17, 2015
Date
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Ken ' obertson, Secretary
•
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P.C. RESOLUTION NO. 15-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF AN
AMENDMENT TO STANDARDS AND PROCEDURES FOR THE DESIGN AND
OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
SECTION 1. Pursuant to direction of the City Council on August 26, 2014, on November 17
and December 3, 2014 and February 17, 2015 the Planning Commission held a public hearing to
consider an amendment to the Standards and Procedures for the Design and Operation of Outdoor
Dining Areas on Pier Plaza, including the Outdoor Dining Design and Operational Standards pursuant to
Title 12, Chapter 12.16 of the Municipal Code pertaining to encroachments into the Public Right -of -
Way adopted per City Council Resolution 05-6417 and amended per Resolution 12-6802 (TEXT 14-6),
and all testimony, both oral and written, was presented to and considered by the Commission.
SECTION 2. The proposed amendment is exempt from the requirements of the California
Environmental Quality Act under Sections 15305(b) issuance of minor encroachment permits and
15061(b)(3) because the proposed project makes minor changes to existing regulations allowing
temporary placement of furnishings on an existing public plaza, pursuant to encroachment permits and
regulations, that will preserve the adequacy and safety of the pedestrian way, and will not increase land
use intensity, and will not otherwise affect the physical environment, surrounding uses, air, water,
traffic, circulation, access, noise, lighting, services or infrastructure, or other elements due to limited
physical space in which they may be located and comprehensive development standards controlling
design and operation, and such permits are immediately revocable should any problems result. Therefore
no impacts to the environment will result.
SECTION 3. The Planning Commission of the City of Hermosa Beach hereby recommends
the City Council adopt the following amendments to Exhibit A, Outdoor Dining Design and Operational
Standards, to City Council Resolution 05-6417 (Adopting Standards and Procedures for the Design and
Operation of Outdoor Dining Areas on Pier Plaza) as amended per City Council Resolution 12-6802:
1. Amend Subsections A, E and M of Section IV (Design Standards) to read as follows.
A. All establishments shall provide a physical barrier that satisfies these Standards.
Establishments that serve alcoholic beverages in the outdoor dining area shall provide a
physical barrier that satisfies both these Standards and the requirements of the Alcohol
Beverage Control Board. It is the responsibility of the applicant to research and verify design
compliance with the Alcohol Beverage Control Board prior to filing an application for an
Outdoor Dining Encroachment Permit. Barriers shall be attractive with a quality appearance,
made of new materials such as wood and wrought iron. Barriers shall be of a permeable
design that allows for visibility through the barrier. Chain-link fencing or other low quality
materials are not permitted. Furnishings that provide the functional equivalent of a fixed
barrier may be approved.
E. The height of any barrier shall not exceed three feet _six inches (3'- 6") with the exception
•that clear glass or plastic windscreens not to exceed six feet, six inches (6'- 6") 6751 in height
may also be installed on the westerly side of the encroachment area.
M. Host/hostess podiums, ash-earts3 portable heaters and stanchions used to facilitate queuing of
patrons are permitted both within and outside the encroachment area as follows. Any such
items shall be placed only in locations shown on the approved plan. Items may be placed
outside the encroachment area only if covered by the liability insurance policies required by
Section VI of these Standards.
1. Stanchions and queues shall comply with the following, unless an alternative
configuration delineated on the site plan is approved, or as directed by the City during
operations:
a. Stanchions and queues shall not extend beyond the width of the business
frontage on the Plaza (i.e., shall not extend in front of another business). The
location of stanchions and management of the queue shall provide for a clear,
continuous pedestrian path not less than five feet (5') in width between the
encroachment area and the stanchions and queue, and shall be located not less
than twelve feet (12') from the centerline of Pier Plaza. Businesses shall
monitor the need for stanchions during each occurrence of use and remove
those that are extraneous to the reasonable need to manage patrons.
b. Stanchions may not be placed or stored outside the encroachment area. They
must be stored within the business or within the encroachment area when the
need for their used has concluded.
c. Stanchions should only be placed on the plaza when reasonably necessary to
manage queues. Businesses shall not maintain queues as a marketing tool to
create an appearance of demand. Businesses shall avoid setting up stanchions
and establishing queues until after 10:00 p.m. However stanchions may be set
up at other times when reasonably necessary to manage patrons, such as in
connection with specific events at the businesses beyond normal daily
operations when warranted by actual demand.
d. Notwithstanding the above, the City may take all action to ensure public
safety and access. The City may additionally, at any time, direct a business to
set up stanchions, manage queues, remove or relocate stanchions, or, if after
directing a manager to remove or relocate stanchions or when there is no
manager present, the City may unilaterally remove, relocate or confiscate
stanchions and disperse the patrons.
2. One host/hostess podium located outside the encroachment area is permitted per
business as follows:
• a. The podium shall be a maximum of 30" wide (length), 30" deep, and 48"
high. Any podium that the business can demonstrate has been in use as of
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February 1, 2015 that does not comply with these dimensions may continue to
be used until December 31, 2015 at which time such podium must be replaced
with a compliant podium. One single -pole umbrella, without advertising,
attached to the podium to shield the employee from the elements is permitted,
no portion of an umbrella shall be less than eight feet (8') above the sidewalk.
Identification of the business name and menu board may be affixed to the
podium provided the dimensions above are not exceeded. Display or sales of
merchandise from the podium is not permitted. Any podium that does not
comply with these standards shall be located within the encroachment area at
all times.
b. Podiums placed outside the encroachment area shall be located adjacent to the
perimeter of the encroachment area in an approved location on the
Encroachment Permit site plan. The podium shall be placed within the
encroachment area or inside the business during hours that the business is
closed.
3. Portable heaters located outside the encroachment area shall be limited to one heater
per 15 feet of linear frontage on the Plaza, provided that heaters need not be spaced at
15 -foot intervals. Heaters placed outside the encroachment area shall be located
adjacent to the perimeter of the encroachment area in an approved location on the
Encroachment Permit site plan. All heaters shall be placed within the encroachment
area or inside the business during hours that the business is closed.
SECTION 4. The Planning Commission further recommends to the City Council that (a) rents
for queuing areas not be required due to the limited, temporary, occasional and nonexclusive use of the
queuing areas, (b) that site plans in encroachment permits be modified to comply with the revised
standards within 60 days of the effective date of the Council resolution, and the operations must comply
or improvements (such as bathers) be completed within 90 days of the effective date of the Council's
resolution, and (c) the Planning Commission review how the encroachments are functioning one year
from Council action.
VOTE: AYES: Comms.Allen,Hoffman,Perrotti,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing P.C. Resolution 15-6 is a true and complete record of the action taken by the
Planning Commissi • . ity of Hermosa Beach, California, at its regu fineetin : . f ► arch 17, 2015.
0„
Michael Flaherty, Chairman
•March 17, 2015
Date
3
en R.. • ..o , Secretary
P.C. Resolution 15-5
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 #73041 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 615 7T11 STREET, LEGALLY DESCRIBED AS LOT 6, DR.
DOUGHERTY'S HERMOSA BAY VIEW TRACT, M.B. 10-140, 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 on December 22, 2014 by Rayburn Properties, LLC
for development of property at 615 7th Street, seeking approval of Conditional Use Permit 15-2,
Precise Development Plan 15-3, and Vesting Tentative Parcel Map #73041 for a two -unit
attached residential condominium project (Assessor Parcel Number 4187-032-018).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on February 17, 2015, 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 urban 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 map to demolish an existing single family residence with detached
garage, shed and room, and develop a two -unit attached residential condominium project.
2. The subject lot contains 4,343 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 Tract Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. 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.
•
2. The site is physically suitable for a two -unit attached residential condominium, with both
units containing three stories and a two -car garage. Two covered spaces are provided for each
unit with one independently accessible shared guest space.
3. 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
stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained stormwater will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. 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.
5. 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.
6. The project as conditioned will conform to all zoning and condominium standards and
• will be compatible with neighboring properties, which are developed with similar single-family
and multiple—family residential uses.
7. The design of the subdivision or 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).
8. 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.
9. 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:
1. 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.
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2. The site is zoned R-2 and is physically suitable for a two -unit attached residential
condominium. Both units contain 3 -stories, a two -car garage, and share one guest parking space.
Unit A contains 2,408 square feet of habitable area and Unit B contains 2,563 square feet of
habitable area.
3. 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.
4. 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 stormwater 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.
5. 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 two- and three-story single and multiple -family residences. The project as
conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,600
• square feet, the 30 feet height limit is met, and the front setback is greater than the 5 foot
minimum required. Site redevelopment will increase the height of the majority of the building.
A northerly facing balcony approximately 215 square feet, adjacent to the primary living area, is
located on the third level of Unit B, approximately 8 feet from the rear property line. Close
proximity to adjacent buildings is common within the City's residential areas and extraordinary
privacy issues are not anticipated.
•
6. 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 provide 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 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 17, 2015, revised in accordance with the conditions below. The
Community Development Director may approve minor modifications that do not
3
• 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) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) 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) 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) A guest parking space shall be maintained adjacent to Unit B and shall be
equally available to both units.
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 Preliminary and Final Landscaping Plan, consistent with the site
• plan approved by the Planning Commission, indicating size, type, quantity and
4
•
•
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.
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 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 shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 and install permeable surfaces in the driveway, guest parking space
and other non -landscaped areas to the maximum extent feasible. Curb inlets to allow
drainage to landscape shall be installed. If providing water permeable surfaces on at
least 50% of exterior surface area is not feasible and incorporating measures in
8.60.070(11) to the extent practicable to infiltrate the volume of runoff produced by a
0.75 inch storm event, the applicant shall infiltrate runoff onsite. 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 onsite, subsurface infiltration is achieved.
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The amount of the bond shall be determined by the Building Division. All other
drainage shall be routed to an offsite facility or onsite permeable area approved by
the City. To the extent possible, a portion of roof drainage shall be routed to onsite
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.
Final Map and Certificate of Occupancy
12. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
6
• 13. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach
Park and Recreation Area Dedication fees for two units in lieu of onsite parkland
dedication pursuant to Chapter 16.12.
•
•
14. 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
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
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• Other:
•
20. 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.
21. 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.
22. 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.
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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,Hoffman,Pizer,Chmn.Flaherty
NOES: None
ABSTAIN: None
ABSENT: Comm.Perrotti
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-5 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
meeting of February 17, 2015.
Michael Flaherty, Chairman
February 17, 2015
Date
9
•
P.C. RESOLUTION 15-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF A GENERAL PLAN, LAND USE ELEMENT, LAND USE
MAP AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO
MEDIUM DENSITY RESIDENTIAL (MD) AND TEXT AMENDMENT
FOR CONSISTENCY; APPROVING A CONDITIONAL USE PERMIT,
PRECISE DEVELOPMENT PLAN, ALLOWING USE OF
ALTERNATIVE POINTS TO CALCULATE HEIGHT, AND VESTING
TENTATIVE TRACT MAP #73308 FOR A SIX -UNIT CONDOMINIUM
PROJECT AT 1906 TO 1918 PACIFIC COAST HIGHWAY, LEGALLY
DESCRIBED AS SW 10' OF LOT 61 AND ALL OF LOTS 62, 63 AND 64,
TRACT NO. 2548 AND LOT 1, TRACT NO. 8476, CITY OF HERMOSA
BEACH, CALIFORNIA
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed on November 24, 2014 by Susan Berencsi and Iain
McCall, owners of real property located at 1906 Pacific Coast Highway and Julian G. Senior,
owner of real property located at 1918 Pacific Coast Highway, seeking approval of General Plan
Amendment 15-1 to amend the Land Use Element, Land Use Map and Text, and Conditional
• Use Permit 15-1, Precise Development Plan 15-1, and Vesting Tentative Tract Map #73308 and
use of alternative points to calculate height, to develop a six -unit residential condominium
project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on February 17, 2015, at which time testimony and evidence, both written
and oral, was presented to and considered by the Planning Commission.
Section 3. The proposed General Plan Amendment is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3) of Title 14 of the California Code of Regulations because the project implements the
program and specific text within the Land Use Element recommending the Land Use Map to be
amended from Commercial Corridor to Medium Density Residential consistent with the Zoning
Map and current zoning for reasons stated in the General Plan and said property is currently
developed with six residential uses consistent with the proposed General Plan amendment, and is
located within an urbanized area with availability of services. The proposed development is
Categorically Exempt per CEQA Guidelines Section 15322 because the project will be
constructing residential condominiums on an existing urbanized site of less than five acres, will
be consistent with general plan policies and designations, would not result in significant effects
to traffic noise, air quality, or water quality, and the site currently exhibits adequate utilities and
public services.
• Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1
• 1. The property is designated Commercial Corridor on the General Plan Land Use Map, and
R-2 Two -Family Residential on the Zoning Map.
2. The General Plan Land Use Map is proposed to be amended from Commercial Corridor
(CC) to Medium Density Residential (MD) and the Land Use Element Text is proposed to be
amended to remove the subject properties from the map inconsistency discussion in Volume I of
the Land Use Element, as shown in Exhibits A and B hereto.
3. The subject lots have been historically used as residential and surrounding uses to the
west, east and north are single- and multi -family residential, and those to the south are single -
and multi -family residential and commercial. The City revised the Land Use Element of the
General Plan in 1994. Volumes I and II both address inconsistencies between the General Plan
Map and Zoning Map and recommend different and inconsistent actions. Volume II recommends
redesignating the 1800 and 1900 blocks along the east side of Pacific Coast Highway on the
Land Use Map as Medium Density Residential based on the commercial compatibility issues
cited in the rezone from 1990 as well as the existing residential character of the surrounding
neighborhood. Volume 1 recommends rezoning the 1800 and 1900 block along the east side
Pacific Coast Highway from R-2 to Commercial S.P.A. Specific Plan Area and is shown in
Exhibit B.
4. The Precise Development Plan, Conditional Use Permit and Tentative Map would allow
demolition of a duplex structure at 1906 Pacific Coast Highway and a single family residence at
• 1918 Pacific Coast Highway and to construct six (6) three-story residential condominium units,
consisting of two sets of attached units (i.e., two duplexes) and two (2) of which are detached.
Section 5. Based on the foregoing findings, the Planning Commission makes the following
findings pertaining to the General Plan Amendment:
1. The proposed amendment would implement the recommendation in Volume II of the
Land Use Element as shown in Exhibit B. The Medium Density Residential designation would
be consistent with the surrounding residential neighborhood exhibited along the east side and
west side of Pacific Coast Highway from 17th Street to 21st Street as well as the residential
neighborhood to the rear. The General Plan text in Volume II provides an analysis and rationale
for redesignating the subject property for residential uses consistent with the then- and currently -
existing uses on the subject site and the neighborhood.
2. While it is reasonable to argue that Pacific Coast Highway should be used exclusively
for commercial purposes since it is an arterial highway with high levels of traffic and visibility,
the area with which the subject lots are located, east and west side of Pacific Coast Highway
from 17th Street to 21st Street, currently exhibits primarily residential uses. The City also
reclassified property in the block to the 1900 south from Commercial Corridor to Medium
Density Residential in the General Plan in 2014.
3. Commercial enterprises on the subject lots would be inconsistent with the surrounding
• residential environment and given that the neighborhood continues to be residential the rationale
2
for the General Plan recommendation to re -designate the site to Medium Density Residential
• appears to remain valid.
•
•
Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Tentative Tract Map pursuant to
California Government Code Section 66474 and Section 16.08.060 of the Municipal Code:
1. Contingent upon approval of General Plan Amendment 15-1, the proposal will be
consistent with the 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.
2. The site is physically suitable for a six -unit residential condominium, with all units
containing three levels and a two -car garage. Two covered spaces are provided for each unit with
three (3) shared guest spaces.
3. 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 stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7)
and any additional non -percolated or retained stormwater will be conveyed to an onsite
subsurface infiltration system as required by Section 15.48.020 (A4.106.4) subject to
maintenance agreements.
4. The property is accessed via 19th 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.
5. Contingent upon approval of General Plan Amendment 15-1, design of the proposed
subdivision as conditioned will be 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, parking, access and services are provided.
6. The project as conditioned including combing the existing lots will conform to all zoning
and condominium standards and will be compatible with neighboring properties, which are
developed with similar single-family and multiple—family residential uses.
7. The design of the subdivision or 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
Section 15332.
8. 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.
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9. The granting of the subdivision will result in division of a conforming sized and
configured lot into airspace for condominium units of size and design conforming to the R-2
zone and condominium ordinance.
Section 7. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for Conditional Use Permit, Precise
Development Plan and use of alternate grades for building height calculation purpose pursuant to
Sections 17.40.020, 17.58.030, 17.04.040 and 17.46.015 of the Municipal Code:
1. Contingent upon approval of General Plan Amendment 15-1, the proposal will be
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.
2. The site is zoned R-2 and is physically suitable for a six -unit residential condominium.
All units contain 3 levels, a two -car garage and a roof deck. Three (3) shared guest parking
spaces are provided on the property. The habitable area of each unit are as follows; Unit 1 =
2,171 square feet, Unit 2 = 2,035 square feet, Unit 3 = 2,187 square feet, Unit 4 = 2,291 square
feet, Unit 5 = 2,240 square feet, and Unit 6 = 2,217 square feet.
3. 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.
4. 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 stormwater 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.
5. The project is consistent with the zoning density and use and design with neighboring
residential properties which also contain two- and three-story single and multiple -family
residences. The project as conditioned complies with Section 17.22.060. Lot width exceeds 29
feet, unit sizes exceed 1,400 square feet, the 30 feet height limit is met, and the front setback is
equal to prevailing setback along the north side of 19th Street. Yard setback requirements are
met. Site redevelopment will increase the height of the majority of the building. Balconies for
each unit are located on the third level and are westerly facing. Each unit contains a roof deck
ranging in size from 172 square feet to 279 square feet.
6. The historical street profile supports the use of alternate grades along the south property
line 19th Street for building height calculation purpose.
7. 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 provide per the Green Building, Water Efficient, Water Conservation and
4
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.
S
•
Section 8. Based on the foregoing, the Planning Commission hereby recommends
approval of General Plan Amendment 15-1 amending the Land Use Element, Land Use Map
from Commercial Corridor to Medium Density Residential and amending the text in Land Use
Element, Volume I, page 2, Area 5 by deleting "1906, 1918" and, on page 6, removing the shading
from the subject property, as shown in Exhibits A and B attached hereto.
Section 9. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit 15-1, Precise Development Plan 15-1, Vesting Tentative Tract Map
#73308 allowing use of alternate elevations for building height calculation (S-21 #17) for a six -
unit residential condominium project subject to the following Conditions of Approval:
General:
1. Approval of the Conditional Use Permit, Precise Development Plan and Tentative
Tract Map is contingent on approval of proposed General Plan Amendment 15-1.
2. 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 17, 2015. The Community Development Director may approve minor
modifications that do not otherwise conflict with the Municipal Code or
requirements of this approval.
3. The subject lots shall be combined into one legal parcel via a Boundary Line
Adjustment in a form approved by the City and recorded with the County of Los
Angeles prior to issuance of a building permit.
4. 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) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution.
b) Building height shall fully comply with the 30 -foot height limit.
c) Conduit to accommodate roof mounted alternative energy equipment for
solar energy and solar thermal shall be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) 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.
Designated storage shall be clearly shown on plans.
5
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5. 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 of the Municipal Code and conditions of this
permit prior to the issuance of Building Permits.
a) Guest parking spaces shall remain open and accessible to guest of all units,
rather than being used for storage or any other purposes, and the CC&Rs
shall reflect this condition.
b) 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.
c) CC&Rs shall incorporate the requirements of Sections 8.60.070(B)(7),
15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070 of the Municipal Code
addressing water conservation, landscaping and its maintenance, and
stormwater runoff elements and facilities.
6. 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.
7 Two copies of a Final Landscaping 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
for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a) The Final Landscaping Plan shall comply with Sections 17.22.060(H) and
8.60.070 of the Municipal Code to the satisfaction of the Community
Development Director.
b) An automatic landscape sprinkler system consistent with Section
17.22.060(H) of the Municipal Code shall be provided, and shall be shown on
plans (Building Permits are required).
8. 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 of the Municipal
Code and clearly shown on floor plan. Roll -up automatic garage doors shall
be installed on all garage door openings and clearly indicated on floor plans.
• b) All exterior lighting shall be downcast and fully shielded, and illumination
shall be contained within the property boundaries. Lighting shall be energy -
6
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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) Any satellite dish antennas and/or similar equipment shall comply with
Section 17.46.240 of the Municipal Code.
9. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 of the Municipal Code and install permeable surfaces in the guest
parking space and other non -landscaped areas to the maximum extent feasible. Curb
inlets to allow drainage to landscape shall be installed. If providing water permeable
surfaces on at least 50 percent of exterior surface area and incorporating measures
in 8.60.070(H) to the extent practicable to infiltrate the volume of runoff produced by
a 0.75 inch storm event is not feasible, the applicant shall infiltrate runoff onsite. In
the event that subsurface infiltration is required, construction and civil plans shall
designate the 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 onsite
subsurface infiltration is achieved. The amount of the bond shall be determined by
the Building Division. All other drainage shall be routed to an offsite facility or
onsite permeable area approved by the City. To the extent possible, a portion of
roof drainage shall be routed to onsite permeable areas. No drainage shall flow over
any driveway or sidewalk or offsite.
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.
10. The plans and construction shall comply with all requirements of the Building Code
in Title 15 and Green Building Standards in Chapter 15.48 of the Municipal Code.
Water conservation practices set forth in Section 8.56.070 shall be complied with
and noted on construction plans.
11. Two copies of final construction plans and Final Landscape Plan, 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.
7
12. 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.
13. 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.
14. The approved address of each condominium unit shall be conspicuously displayed
on the street side of each unit with externally or internally lit numbers and the
method for illumination shall be shown on construction plans. Address numbering
and display shall comply with Section 15.40.020 and be subject to approval by the
Community Development Department.
Final Map and Certificate of Occupancy
15. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
16. Pursuant to Chapter 16.12 of the Municipal Code the applicant shall pay to the City
• of Hermosa Beach Park and Recreation Area Dedication fees for six (6) units in -lieu
of onsite parkland dedication.
17. Prior to approval of the Final Map, and prior to issuance of any 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:
18. 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.
• 19. Prior to issuance of a Building Permit, a civil engineering plan prepared by a
licensed civil engineer, and approved by the Public Works Director, addressing
8
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grading, a driveway encroachment, undergrounding of all utilities, sidewalk, curb
and gutter, 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.
20. 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
California Department of Transportation and/or Public Works Department as
applicable.
21. 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.
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.
Other:
23. 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.
24. 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.
25. The Planning Commission may review this Conditional Use Permit or Precise
Development 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.
Section 10. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the
• Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
9
• The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development
Department prior to the issuance of a building permit.
•
•
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 11. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES: Comms.Allen,Hoffman,Chmn.Flaherty
NOES: Comm.Pizer
ABSTAIN: None
ABSENT: Comm.Perrotti
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-4 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of February 17,
2015.
Michael Flaherty, Chairman
February 17, 2015
Date
•
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•
Exhibit A
Amend General Plan Land Use Map from
Commercial Corridor (CC) to Medium Density Residential (MDR)
1906-1918 PACIFIC COAST HIGHWAY
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•
IV. INCONSISTENCIES BETWEEN ZONING AND GENERAL PLAN MAP
State law requires consistency between the zoning and general
plan naps of local governments. This study identifies all
properties within the City, grouped into 11 areas, that have
zoning designations inconsistent with the General Plan
designation.
Recommendations
Area 1: 737 and 739 Longfellow Avenue. Redesignate to LD Low
Density from GC General Commercial.
Area 2: 734, 736, 738, 740, and 744 Longfellow Avenue; 733, 735,
737, and 739 30th Street. Redesignate to LD Low Density from GC
General Commercial.
Area 3: the grassy undeveloped northerly portion of the Hermosa
Valley School site. Rezone to OS Open Space from R-3 Multiple
Family Residential.
Area 4: 803, 805, 807, 809, 811, 813. 815, 817,_and819 18th
Street; 802 and 804 19th Street;
1840 and 1850 Pacific Coast Highway. Rezone from R-2 to
Commercial S.P.A. Specific Plan Area.
Area 5:(1906, 1918, 1924, and 1934 Pacific Coast Highway.
Rezone from R-2 to Commercial S.P.A. Specific Plan Area.
Area 6: 825, 827, 831, 833, 835, 841, and 844 13th Street; 830,
840 and 050 14th Street. Redesignate to MD Medium Density from
GC General Commercial (with the exception of the R-1 lot, which
should be redesignated to LD Low Density.).
Area 7: 1235, 1245, 1251, and 1255 Prospect Avenue. Redesignate
lot #40 to GC General Commercial and rezone the remaining parcels
to R-1 One Family Residential from C-3 General Commercial.
Area 8: 725 10th Street and 730 11th Street. Rezone these
properties to R-2 Two Family Residential from C-3 General
Commercial.
Area 9: 603 1st Place, 620 2nd Street, and 112, 138 and 142
Ardmore Avenue. Rezone these properties to R-2 Two Family
c, Residential from M-1 Light Manufacturing.
Area 10: 603, 605, 607, 609, 611, 613, 615, and 623 3rd Street;
322, 330 and 342 Ardmore Avenue. Rezone these properties to R-2
Two Family Residential from M-1 Light Manufacturing.
Area 11: 611, 615, and 635 4th Street; and 422-436 Ardmore
Avenue. Rezone these properties to R-2 Two Family Residential
from M-1 Light Manufacturing.
• ��
•
Land L lsc El emert V bcl>>nrleL
TABLE 1
ZONING INCONSISTENCIES
Area Address Zoning General Plan
1 737, 739 Longfellow Ave. R-1 GC
2. 734, 736, 738, 740, 744
Longfellow Ave.; 733, 735,
737, 739 30th St.
3 1645 Valley Drive
4 803, 805, 807, 809, 811,
813, 815, 817, 819 18th St.;
802, 804 19th St.; :
1840, 1850 Pacific Coast Hwy.
11906 1918, 1924, 1934
Pacific Coast Hwy.
6 825, 827, 831, 833, 835, 841,
844 13th St.; 830, 840, 850
14th St.
7 1235, 1245, 1251, 1255
Prospect Ave.
8 725 10th St.; 730 llth St.
9 603 1st Pl.; 620 2nd St.;
112, 138, 142 Ardmore Ave.
10 603, 605, 607, 609, 611, 613,
615, 623 3rd St.; 322, 330,
342 Ardmore Ave.
11 611, 615, 635 4th St.;
422-436 Ardmore Ave.
R-1 GC
R-3 OS
R-2 CC
R-2 CC
R-2 GC
C-3 LD
C-3 MD
M-1 MD
M-1 MD
M-1 MD
The exact location of all inconsistently zoned properties are
shown in reference maps, one for each planning area, included at
the end of this section.
e
ANALYSIS AND RECOMMENDATIONS
AREA 1
Addresses: .737, 739 Longfellow Ave.
Lot Numbers: Lots 4, 5, 6, and the eastern half of lot 7 of
Southern California Convention Hall and Marine View
Park Tract
2`I"
•
P.C. RESOLUTION NO. 15-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A
TEXT AMENDMENT TO ALLOW OUTDOOR RETAIL SALES/DISPLAY
AREAS ON PIER PLAZA (INCLUDING LORETO PLAZA)
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
SECTION 1. Pursuant to direction of the City Council on August 26, 2014, on
November 17, 2014 and January 20, 2015, the Planning Commission held a public hearing to
consider a text amendment (TEXT 14-5) to allow outdoor sales/display areas on Pier Plaza
(including Loreto Plaza), and all testimony, both oral and written, was presented to and
considered by the Commission.
SECTION 2. The proposed text amendment to allow outdoor retail sales/displays in the
public right-of-way on Pier Plaza, without a conditional use permit, is consistent with the City's
General Plan Land Use and Economic Development Elements. The proposal is consistent with
the Land Use Element section, 'uses of public rights-of-way for private purposes', which
recognizes the prevalence of unauthorized encroachments that have in some cases persisted for
decades within the rights -of way; noting that while the allowable uses and development vision
for the city is a planning issue for study and recommendation by the Planning Commission,
• regulating private encroachments on the ROW is ultimately the implementation responsibility of
the Public Works Department. The proposal is consistent with the sentiment of this section that
issuing encroachments would not lead to a reduction in parking spaces, the use would promote
the commercial districts, potentially increase sales tax revenues as well as collecting
encroachment permit fees and protecting the city from liability claims, and the temporary nature
of the use allows consideration of other future uses. The proposal is further consistent with Goal
1, to evaluate the use of the ROW for future uses. Increasing the visibility and vitality of
commercial establishments through attractive displays will promote enterprises that contribute to
the vitality and diversity of the city's commercial base per Primary Objective 2.2 of the Land
Use Element, as well as supporting visitor serving uses in the Coastal Zone, and supporting a
pedestrian -oriented downtown by getting people out of their cars and walking, consistent with
the Economic Development Element. The temporary and very limited scale of the use and
mitigating standards will reduce any potential impacts of this accessory use to nearby residential
land uses consistent with Land Use Element Primary Objectives 1.2 and 6.1.
•
SECTION 3. The amendment is exempt from the requirements of the California
Environmental Quality Act under Section 15305(b) issuance of minor encroachment permits and
15061(b)(3) because the proposed project involves temporary retail displays of limited scale,
pursuant to encroachment permits and regulations, that will not alter the sidewalk and must be
removed daily and that preserve the adequacy and safety of the pedestrian way. These
encroachments allow merchandise to be placed within plain view of people walking by so that
they are intended to attract and serve customers that are already in the vicinity and passing by an
establishment. The number of tenant spaces and in particular retail spaces on Pier Plaza are
limited, the encroachments will be located on the existing paved right-of-way, they will not
increase land use intensity, and will not otherwise affect the physical environment, surrounding
• uses, air, water, traffic, circulation, access, noise, lighting, services or infrastructure, or other
elements due to limited physical space in which they may be located and comprehensive
development standards controlling design and operation, and such permits are immediately
revocable should any problems result. Therefore no impacts to the environment will result.
•
•
SECTION 4. The Planning Commission of the City of Hermosa Beach hereby
recommends City Council approval of an ordinance to allow retail sales/display areas in the
public right-of-way on Pier Plaza (including Loreto Plaza) as follows:
A. Section 12.16.100 of Chapter 12.16 of the Hermosa Beach Municipal Code is
amended to read as follows:
12.16.100 Reserved Commercial encroachments—Retail display areas.
Use of the Pier Plaza (including Loreto Plaza) public right-of-way for commercial outdoor
retail display areas may be permitted subject to issuance of an encroachment permit in
compliance with this Chapter, and subject to the following conditions.
A. General Provisions. Every encroachment permit for commercial outdoor retail
display areas shall ensure the following:
1. Provides for and maintains an area for passage of pedestrian traffic;
2. Does not inconvenience pedestrian traffic,
3. Conforms to all applicable health codes and this code;
4. Applicant to pay all appropriate fees, including but not limited to rental fees,
5. Applicant to maintain and keep in force at all times a policy of liability insurance, naming
the city as an additional insured in the amount of one million dollars ($1,000,000.00); and
6. Applicant to pay restorative costs, if applicable, in an amount to be determined by the
director of public works, plus administrative costs.
B. Retail Uses. The encroachment area shall be managed, operated, and maintained as
an integral part of the adjacent retail establishment.
1. For purposes of this section, retail establishment generally means a commercial
establishment that sells or offers a product available on-site in the adjacent retail
establishment. The following types of businesses are not eligible for encroachment
permits:
a. Businesses such as grocery, convenience, drug, and liquor stores, tobacco/smoke
shops, second hand stores, or adult businesses as defined in Section 17.04.060.
b. Businesses where retail sales are secondary to the primary service function, such as
beauty salons, personal services, or repair businesses, are not eligible for
encroachment permits. Rental of beach/visitor serving equipment, bicycles.,
skateboards or similar equipment is considered a retail use and such merchandise may
be displayed within the encroachment area.
c. Third party vendors, concessions, seasonal or other promoters, solicitors, or any other
business, product or service promoted or offered by any entity or party other than the
business owner to whom the encroachment permit was issued are not permitted
within the encroachment area.
2. In addition, the following items or types of activities are not permitted within the
encroachment area:
•
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•
a. Food or beverages of any type, whether pre-packaged or not.
b. Alcoholic beverages or tobacco or smoking products or paraphernalia of any type.
c. Hazardous or controlled substances or goods, or goods or services that cannot be sold
to minors with or without parental permission.
d. Adult paraphernalia of any kind.
e. Display of information or signs about a product or service is not allowed; rather,
products available for sale (or rent) at the business may be displayed.
f. Products or services shall not be demonstrated within the encroachment area.
C. Design and Operational Standards and Limitations. Encroachments for commercial
outdoor retail display areas shall comply with Section 12.16.060 and the following design and
operational standards and limitations:
1. Encroachment areas shall be available for and located adjacent to ground floor retail
businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in
depth. The encroachment area on Loreto Plaza shall not exceed five (5) feet in depth.
The encroachment area shall not exceed the width of the tenant space frontage. The
encroachment area for any tenant space fronting Pier Plaza is restricted to the Pier Plaza
frontage only.
2. Barriers around encroachment areas on Pier Plaza with a maximum height of 42 inches
shall be provided; provided that barriers shall not be provided or allowed on Loreto
Plaza. Each perimeter barrier shall use the same design and materials on all sides.
Barriers shall be attractive with a quality appearance, made of new materials such as
wood and wrought iron. Barriers shall be of a permeable design that allows for visibility
of merchandise through the barrier. Chain-link fencing or other low quality materials are
not permitted. The elevation of the encroachment area shall not be altered. No
modification to the surface of the right-of-way, such as resurfacing, texturing or borings,
shall be made.
3. Awnings may extend over the entire depth (maximum thirteen (13) feet on Pier Plaza and
five (5) feet on Loreto Plaza) and width of the encroachment area. Awnings must be
retracted to cover not more than fifty (50) percent of the encroachment area depth when
the business is closed or the encroachment area is not in use. No portion of an awning
shall be less than eight (8) feet above the paved surface. A building permit must be
obtained prior to installation of an awning. Awnings shall not provide signage and shall
be maintained in good repair at all times.
4. Use of the encroachment area shall be limited to the hours of operation of the adjacent
retail establishment, not to exceed 7:00 a.m. to 11:00 p.m.
5. Outdoor retail displays/furnishings placed within the encroachment area shall be designed
and limited as follows:
a. Tables or racks to display goods offered for sale may be placed in the encroachment
area. Other furnishings such as umbrellas, shade canopies, light stands, planters or
signs are not allowed. All furnishing within each individual encroachment area shall
be of uniform design and materials. All furnishings shall be of sturdy construction
and maintained in good condition at all times. Plastic merchandise display furnishings
are not permitted unless of quality non -plastic appearance.
b. Tables, racks or display furnishings, and merchandise, shall not exceed five (5) feet in
height. Racks or shelf units individually or placed end-to-end or in any configuration
shall not exceed six (6) feet in length.
•
•
c. Merchandise/displays shall be contained and adequately secured so that they do not
become windborne, create litter or breakage, spill, drip, or create any health or safety
impact.
d. All merchandise within the encroachment area, including any attached to the building
must be removed daily when the business is closed.
e. ATM machines, food service units, vending machines, podiums or stands from which
to conduct sales, and similar furnishings are not permitted within the encroachment
area.
f No entertainment, music, audio speakers, televisions or visual media of any type,
whether amplified or unamplified, shall be located within the encroachment area.
6. The layout of the encroachment area shall not impede ingress or egress, and shall be fully
accessible to the physically disabled, as required by the California Building Code, Title
24 Disabled Access Standards, any other requirements of law, and the City Fire Chief
7. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed
appropriate by the Director of Public Works for pedestrian circulation outside of the
encroachment area shall be maintained at all times. As used herein, pedestrian path
means a continuous obstruction -free sidewalk area between the outside boundary of the
encroachment and any obstructions, including but not limited to street trees or planters,
utility poles and street furniture.
8. All outdoor retail displays and allowed objects shall be maintained free of appendages or
conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired
pedestrians can detect the objects safely. No appendage shall extend outside the
encroachment area. No persons including customers shall place anything within or near
the encroachment area that could pose a tripping hazard or interfere with accessibility.
9. The encroachment area shall be maintained in a neat and clean manner, free of litter and
graffiti, at all times. The business shall actively monitor the area and promptly remove
litter and other trash.
10. Surfaces in and around the encroachment area shall be swept during the business day as
needed and at the end of each business day. Cleaning shall comply with good
housekeeping best management practices approved by the Director of Public Works in
accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff
be swept, washed, or blown into the sidewalk, gutter, storm drains or street.
11. The Director of Public Works may issue the encroachment permit only after determining
that the request complies with the standards and provisions of this section, any other
requirements applicable to the use set forth in the Municipal Code, and as follows:
a. Information on the proposed retail uses and conduct of the use, the types of products
to be displayed within the encroachment area, a dimensioned floor plan that clearly
designates where each merchandise display will be located, and the design of barriers,
awning and types of furnishings within the encroachment area shall be submitted with
the encroachment permit application. Changes to the retail use, floor plan,
furnishings, barriers and awnings, must be submitted and approved in advance.
Deviation from the approved plan may result in revocation of the encroachment
permit.
b. Use of the encroachment area shall not adversely affect the welfare of the nearby
residents or commercial establishments.
•
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•
c. The type of retail uses that are allowed within the encroachment areas, the final
location and configuration of the encroachment area, and the barriers, awnings and
display furnishings within the encroachment area shall be subject to approval by the
Director of Public Works, after obtaining written concurrence of the Community
Development Department, and determining that the request complies with the
standards and provisions of this section and any other requirements applicable to the
use set forth in the Municipal Code. The Director of Public Works may attach
conditions to ensure the use and its design conform to these standards and mitigate
public health, safety, access and convenience impacts unique to the specific location.
d. An encroachment permit granted pursuant to this section shall preclude issuance of
any additional encroachment permit pursuant to Section 12.16.090.
e. The encroachment permit shall be valid for one year and may be annually renewed.
f. The encroachment permit is issued to the business owner, does not create a vested
right, and shall be revocable by the City at any time without a showing of cause or
prior notice by the City. Upon a finding of noncompliance with any condition of
granting an encroachment permit, or upon revocation of an encroachment permit, the
encroachment permit shall not be renewed and a new encroachment permit shall not
be granted for a period of one year.
g. Upon termination of the encroachment permit, the permittee shall remove the barrier.,
return the pavement to its original condition, and remove all personal property and
furnishings from the right-of-way.
12. Deviations from the standards set forth in this section may be allowed pursuant to a
conditional use permit granted in compliance with Chapter 17.40.
B. The following use is added to the alphabetical table of uses in Section 17.26.030 of
Chapter 17.26 of the Hermosa Beach Municipal Code as follows:
USES
Cl
C2
C3
See Section
Outdoor retail sales/display areas (accessory to
P
17.26.050.B.7
establishment on Pier Avenue public right-of-way
12.16.100
(includes Loreto Plaza)
C. Subsection 7 of Section B of Section 17.26.050 of Chapter 17.26 of the Hermosa
Beach Municipal Code is added to read as follows:
B.7. Outdoor retail sales/displays located adjacent to a retail establishment, authorized by an
Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.100
of the Municipal Code. Deviation from the standards in Section 12.16.100 may be allowed
pursuant to a conditional use permit, issued in compliance with Chapter 17.40.
SECTION 5. The Planning Commission further recommends to the City Council that
rents for retail sales/display areas on Pier Plaza be the minimal amount allowed by law, similar
to or less than $1.00 per square foot commensurate with snack shops on Pier Plaza, and that rents
be waived for the first year following adoption of the ordinance to promote and facilitate retail
establishments consistent with the strategy and public benefits cited in the Downtown Core
Revitalization Strategy that will accrue from improving the Plaza design and operations to be
• more family -friendly and inclusive of all segments of the community. The Strategy emphasizes a
sociable, publicly -spirited and economically viable Downtown District that appeals to residents
and visitors alike, and celebrates our eclectic beach character. If managed in a way that reduces
the potential for a cluttered look, encroachment areas in front of retail businesses on Pier Plaza
can create vibrancy, appeal to diverse ages and, draw people on the plaza to the businesses.
Entering into a `public/private partnership' by renting space on the Plaza facilitates the success
of retail businesses on the Plaza and helps to maintain the economic diversity that is desired.
VOTE: AYES: Comms. Allen, Hoffman, Perrotti, Chnm. Flaherty
NOES: Comm. Pizer
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing P.C. Resolution 15-3 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 Janes 20, 2015.
Michael Flaherty, Chairman
January 20, 2015
Date
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ober( i pec etary
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RESOLUTION P.C. 15-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF
A TEXT AMENDMENT TO THE MUNICIPAL CODE AMENDING THE
DEFINITION OF RESTAURANT AND STANDARDS FOR ON -SALE
ESTABLISHMENTS.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
SECTION 1. Pursuant to direction of the City Council on August 26, 2014, the Planning
Commission held a duly noticed public hearing on December 3, 2014 and January 20, 2015 to
consider amending the Municipal Code to modify provisions relating to the definition and
standards for restaurants, bars, places with live entertainment, and on -sale alcoholic beverage
establishments including the food to alcohol sales ratio, and determination that the project is
categorically exempt from the California Environmental Quality Act (TEXT 14-4) and all
testimony, both oral and written, was presented to and considered by the Commission.
SECTION 2. The project is exempt from the Environmental Quality Act per Section
15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is
minor in nature and makes essentially administrative changes to the definition of restaurant and
clarifies the manner in which on -sale establishments may operate, and which do not affect the
potential, location, number, or intensity, or have the potential for any physical effects relating to
these uses as the result of the project.
SECTION 3. The Planning Commission of the City of Hermosa Beach hereby
recommends City Council approval of the following amendment to the Hermosa Beach
Municipal Code:
1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is
amended by amending the following use in the alphabetical list of uses as follows:
"Restaurant" means an establishment (1) whose primary function is the sale or offering for
sale of prepared food during all hours it is open for business, and (2) that prepares food on-
site in a kitchen capable of refrigerating and preparing food from its component ingredients.
"
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wine are sold, a minimum of sixty five (65) percent of the total gross sales, computed
capable of serving breakfast, lunch or dinner.
1
2. Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa Beach Municipal Code is
hereby amended by adding a new subsection C to read as follows:
C. Restaurants with on -sale alcoholic beverages. Any "restaurant" as that term is defined
in Section 17.04.050 that sells, serves or allows on -sale alcohol beverages shall comply with
the following:
1. The restaurant shall allow entry to persons under 21 years of age during a majority of
hours that the business is open for operation daily.
2. If open after 11:00 p.m., the restaurant shall make available to customers and serve a
variety of prepared food items until thirty (30) minutes prior to the close of business.
3. The restaurant shall maintain sales reports showing the actual items sold and price
charged and invoices for all food, non-alcoholic beverages and alcohol beverages sold
for the prior twelve (12) months. Should the Planning Commission or City Council
initiate a CUP modification or revocation proceeding under Section 17.70.010, the
Commission, or the City Council, may at its discretion require the subject business to
provide (1) 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 (2) the supporting data upon which the percentage is based. The Planning
Commission, or Council, may also require an audit of the records of the business by a
certified public accountant to determine the gross sales of food and alcohol or a
forensic audit by a qualified auditor selected by the city of the information and data
systems by which the information is produced. The results of these audits may be used
to determine whether the grounds for modification or revocation exist. When
considering revocation or modification under Section 17.70.010(H), 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).
3. Section 17.70.010 of Chapter 17.70 of Title 17 of the Hermosa Beach Municipal Code is
hereby amended by adding a new subsection H to read as follows:
H. For a restaurant with on -sale alcoholic beverages, the business is not operating as a
restaurant because the primary function of the operation is the sale or offering for sale of
alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales
ratio provides a quantitative tool to help evaluate whether the business is operating as a
restaurant whose primary function is the sale or offering for sale of food, as opposed to a
business whose primary purpose is the sale of alcoholic beverages. For purposes of
determining whether this finding can be made, an on -sale restaurant that sells or provides
beer and wine and maintains a minimum of sixty-five (65) percent of the total gross sales,
computed monthly, from the sale of food is presumed to be a restaurant. An on -sale
restaurant that sells or provides alcoholic beverages, other than exclusively beer and
wine, and maintains a minimum of fifty (50) percent of the total gross sales, computed
monthly, from the sale of food is presumed to be a restaurant. An on -sale restaurant that
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does not meet these percentages has the burden of demonstrating that it operates as a
restaurant, as that term is defined in Section 17.04.050. Refusal to provide the
information requested under Section 17.40.080(C)(3) within sixty (60) days shall be
deemed prima facie evidence that the business is not operating as a restaurant.
VOTE: AYES: Comms. Hoffman, Perrotti, Pizer, Chmn. Flaherty
NOES: Comm. Allen
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 15-2 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 20 2015.
GO'9'2L-
Michael Flaherty, Chairman , Secretary
January 20, 2015
Date
•
P.C. RESOLUTION NO. 15-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN FOR THE EXPANSION AND REMODEL OF
AN EXISTING NONCONFORMING SINGLE-FAMILY DWELLING AT
1727 MONTEREY BOULEVARD, INCLUDING DEMOLITION OF THE
EXISTING DUPLEX AT 1723/1725 MONTEREY BOULEVARD,
RESULTING IN AN APPROXIMATELY 4,500 SQUARE FOOT
ATTACHED, DUPLEX (A NET DECREASE OF ONE DWELLING UNIT
AND NET INCREASE OF APPROXIMATELY 300 SQUARE FEET OF
FLOOR AREA FOR IMPROVEMENTS ON THE COMBINED LOTS);
AND VARIANCE TO ALLOW CONTINUATION OF A 3 -FOOT NORTH
SIDE YARD, RATHER THAN A 5 -FEET YARD OTHERWISE
REQUIRED DUE INCREASED LOT WIDTH DUE TO MERGING OF
THE LOTS, AT 1723, 1725 AND 1727 MONTEREY BLVD, LEGALLY
DESCRIBED AS LOTS 33 AND 34, BLOCK 50, TRACT NO. 1130,
HERMOSA BEACH, CA.
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by Glen Payne, owner of real property located at 1723,
1725, and 1727 Monterey Blvd. in Hermosa Beach, seeking a Precise Development Plan (15-2) for
the expansion and remodel of an existing nonconforming single-family dwelling at 1727 Monterey
Boulevard, including demolition of the existing duplex at 1723/1725 Monterey Boulevard, resulting
in an approximate 4500 square foot attached duplex (a net decrease of one dwelling unit and net
increase of approximately 300 square feet of floor area for improvements on the combined lots) and
a Variance (15-1) allow merging the two adjacent lots to accommodate the expansion and remodel
and to maintain the existing 3 -foot north side yard rather than complying with the 5 -foot side yard
otherwise required due to the increased lot width to 60 feet as a result of combining the lots at 1723,
1725 and 1727 Monterey Blvd. into one parcel.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for the Precise Development Plan and Variance on January 20, 2015, at which time
testimony and evidence, both written and oral, was presented to 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 comprised of through -lots fronting Monterey Blvd. with
garage access from Bayview Drive. The subject property and surrounding are zoned R-2.
B. The applicant proposes to demolish an existing duplex constructed in 1952 at 1723 and
1725 Monterey Blvd. and construct an addition and remodel to an existing nonconforming single -
1
• family dwelling at 1727 Monterey Blvd.' The applicant proposes to 1) merge the two existing lots
at 1723-1727 Monterey Blvd., 2) demolish the existing duplex on 1723 & 1725 Monterey Blvd., 3)
construct an addition to and remodel the existing single-family dwelling at 1727 Monterey Blvd.,
and 4) construct a new attached dwelling unit in place of the demolished duplex.
•
C. A Precise Development Plan to develop two units, boundary line adjustment to
combine two lots, and Variance to allow a nonconforming setback as the result of the lot merger
are required to facilitate the project. The boundary line adjustment does not require Planning
Commission approval.
D. The project will have a total of 4,449 square feet of livable area in two units, while
the existing buildings contain 4,786 square feet of livable area in three units, for a net decrease of
one (1) unit and 337 square feet of gross floor area. The proposed lower level will contain a
three (3) car garage (2 tandem spaces) fronting Bayview Drive to serve both units, with a storage
area and staircase leading to level 1 on the northerly half of the lot and a bedroom, bathroom, and
laundry area and entryway for Unit #2 on the southern half of the lot. Level 1 contains four (4)
bedrooms and three (3) bathrooms for Unit #1; the living room, kitchen, and a powder room for
Unit #2; and an open deck occupying the southeasterly half portion of the lot to be counted
towards open space for both units. Level 2 contains the entryway (facing Monterey Blvd) for
Unit #1; living room, kitchen, new media room, and a new deck to be counted as open space for
Unit #1; and a lounge, work room, and wine storage for Unit #2. The mezzanine level for Unit
#1 consists of an existing mezzanine that will be retained, and a new westerly facing deck
accessed from the mezzanine.
E. The project proposes to merge the two lots thereby creating a wider lot which results
in an increase in the side yard setback requirement from 3 feet to 5 feet. The southerly side yard
will comply with the new required setback because the existing buildings (1723 and 1725
Monterey Blvd.) will be demolished and a new building will be constructed. However, the
northerly side yard is proposed to remain at 3 feet adjacent to that portion of the building that is
not being demolished. In addition the front of the garage is being lengthened by 2 feet, 7 inches
in order to provide the required parking space lengths, and this new length represents an
extension of the nonconforming wall that is set back 3 feet from the property line. Remodeling
the garage area to avoid increasing the length would be complicated due to the existence of a
stairway.
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 proposed Variance is an exceptional circumstance because 1) it is unusual for
applicants to combine lots and retain and remodel an existing dwelling, while decreasing the
number of dwelling units, 2) the increased setback requirement from 3 feet to 5 feet is a direct
function of merging the lots thereby increasing the width of the resulting lot, 3) the
nonconformity results from the desire to retain an existing dwelling unit which helps preserve the
character of the area, 4) the increased 5 -foot southerly side yard setback requirement will be
complied with for those portions of the project that are being reconstructed with the exception of
1 Assessor's Parcel Numbers 4183-015-021 and 4183-015-022
2
a 2 feet, 7 inches extension of the existing garage wall set back 3 -feet from the property line, in
order to provide the required parking space lengths, 5) the existing 3 -foot side yard that will be
retained meets minimum Fire Code and Building Code requirements, and 6) the intent of the
increased setback to maintain open space will be complied with because the proposed project
will increase lot coverage by only 91 square feet for 56% total lot coverage (65% max allowed)..
B. The variance is necessary for the preservation of a substantial property right
possessed by other properties in the vicinity of the subject property. Surrounding buildings exhibit
similar nonconforming elements. The building at 1831 Monterey Blvd (7 lots to the north of the
subject property) is a multi -family dwelling with a northerly side yard setbacks less than 3 feet on
both sides while the required setback is approximately 4 feet. Also, the building at 1826 Manhattan
Avenue, one block west and approximately 7 blocks north of the subject property, exhibits side
yards of approximately 3 feet when 5 feet is required. Nonconforming building elements are
common throughout the City. It is the intention of the zoning code to create standards of
development in order to create continuity within neighborhoods and the City as a whole while also
allowing individual preferences. While a nonconforming building element does not represent an
individual preference, much of the charm and attraction of a beach city such as Hermosa is due to its
architectural variation which is heavily influenced by the various zoning codes over time. The
current zoning code allows for legal nonconforming building elements to remain if they are not
deemed substandard or impact safety. The proposed nonconforming side yard is similar to existing
properties in the surrounding neighborhood and does not impact safety on the site or in the
surrounding area. Therefore, the proposed nonconforming side yard created by combining the lots
and retaining much of the existing dwelling is a condition exhibited by other properties in the area
• and throughout the city, and a therefore substantial property right possessed by other properties in
the vicinity and zone.
C. The variance will not be materially detrimental to the public welfare of injurious to
the property or improvements in the vicinity and zone in which the property is located.` The
proposed two -unit attached residential building is typical within the neighborhood and the R-2 zone.
The use adjacent to the proposed nonconforming setback is a multi -family residential; the current
configuration where the ground level improvements on the subject lot will be located 3 feet from the
adjacent lot to the north will continue to exist and will not be reduced. The amount of open space
on the property will be brought into compliance, the project will comply with building and fire
codes, and staff has not identified any specific impacts to neighboring properties that would be
associated with granting a Variance for the side yard. The proposed project is not unusually large or
out of scale with the neighboring residential developments as there are similar multi -family and
single-family homes surrounding the property.
D. The granting of the variance will not conflict with the provisions of, or be detrimental
to, the General Plan. The demolition of the duplex at 1723 and 1725 Monterey Blvd and remodel
and addition to the single-family residence at 1727 Monterey Blvd creating two (2) attached units in
the R-2 zone are in conformance with the density, use and other requirements of the General Plan.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Precise Development Plan pursuant to
• Section 17.58.030 of the Municipal Code:
3
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A. 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.
B. The site is zoned R-2 and is physically suitable for a two -unit residential building. Unit
#1 contains 2,996 square feet of livable area amongst 3 -stories and a mezzanine and access to two
tandem parking spaces in the garage. Unit #2 contains 1,425 square feet of habitable area with
access to one covered parking space in the garage and one uncovered space in front of the unit at the
southwest corner of the property, parallel with Bayview Drive. An uncovered shared guest parking
space is provided adjacent to the garage along Bayview Drive. The project is conditioned to ensure
that each unit has access to the required number of parking spaces.
C. The 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, and will comply with all construction requirements.
D. Design is compatible and consistent with the immediate environment, including
maintenance of water quality and reduction of marine pollution via onsite retention of stormwater 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.
E. 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 two -and three-story single and multiple -family residences.
Section 6. The project is Categorically Exempt from the California Environmental
Quality Act pursuant to CEQA Guidelines Sections 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, and the project is within an area with available services.
Section 7. Based on the foregoing, pursuant to Section 17.54.020 of the H.B.M.C, the
Planning Commission hereby approves the requested Precise Development Plan and 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 20, 2015. 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 subject lots shall be combined into one legal parcel via a Boundary Line
Adjustment in a form approved by the Community Development Director and
recorded prior to issuance of a building permit.
4
• 3. The Variance specifically allows a 3 -foot minimum set back, limited to the building
improvements as they exist on January 20, 2015 within the northerly side yard
setback and a 2 foot, 7 inches extension of the existing garage wall at the northwest
corner of the property within the northerly side yard setback in order to comply
with parking space length. This approval is specific to the improvements on plans
approved by the Planning Commission on January 20, 2015 and shall not apply to
any other future development or expansion.
•
•
4. The project shall fully comply with all requirements of the R-2 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.
5. The applicant shall secure an Encroachment Permit for use of the Public Right -of -
Way along Monterey Blvd.
6. 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.
7. Two copies of a Final Landscaping 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
for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a. The Final Landscaping Plan shall comply with Sections 17.22.060(H) and
8.60.070 of the Municipal Code to the satisfaction of the Community
Development Director.
b. An automatic landscape sprinkler system consistent with Section
17.22.060(11) of the Municipal Code shall be provided, and shall be shown on
plans (Building Permits are required).
8. 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 of the Municipal
Code.
b. A dividing wall running east to west shall be installed to separate the garage
with separate garage doors. The two tandem space (north half of garage)
shall be designated for Unit #1 and the one space in the southern half of the
5
• garage shall be designated for Unit #2 as well as the space at the southwest
corner of the property, parallel with Bayview Drive.
•
c. The guest parking space located adjacent to the garage shall be available to
both units and shall not be designated for a specific unit.
d. 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.
e. Solid waste (refuse and recycling facilities) shall comply with Chapter 8.12 of
the Municipal Code. Each unit shall supply adequate area for three carts of
2.5 feet wide by 2.5 feet deep each.
9. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 of the Municipal Code and install permeable surfaces in the guest
parking space and other non -landscaped areas to the maximum extent feasible.
Curb inlets to allow drainage to landscape shall be installed. If providing water
permeable surfaces on at least 50 percent of exterior surface area and incorporating
measures in 8.60.070(11) to the extent practicable to infiltrate the volume of runoff
produced by a 0.75 inch storm event is not feasible, the applicant shall infiltrate
runoff onsite. In the event that subsurface infiltration is required, construction and
civil plans shall designate the 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 onsite subsurface infiltration is achieved. The amount of the bond
shall be determined by the Building Division. All other drainage shall be routed to
an offsite facility or onsite permeable area approved by the City. To the extent
possible, a portion of roof drainage shall be routed to onsite permeable areas. No
drainage shall flow over any driveway or sidewalk or offsite.
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.
10. The plans and construction shall comply with all requirements of the Building Code
• in Title 15 and Green Building Standards in Chapter 15.48 of the Municipal Code.
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Water conservation practices set forth in Section 8.56.070 shall be complied with
and noted on construction plans.
11. 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.
12. 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.
13. The project shall comply with all other requirements of the Building and Safety
Division, and Fire and Public Works Departments.
14. 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.
Construction:
15. Prior to issuance of a Building Permit, a civil engineering plan prepared by a
licensed civil engineer, and approved by the Public Works Director, addressing
grading, a driveway and parking encroachment, undergrounding of all utilities,
sidewalk, curb and gutter improvements as applicable along Prospect Avenue and
17th Streets, 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.
16. 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.
17. A plan for urban and stormwater runoff controls required by the Municipal Code
including Section 8.60.070(11) and this Resolution, approved by Public Works
Department, shall be set forth on the construction plans in accordance with Chapter
7
8.44 and Section 8.44.090, and the applicant shall at all times comply with the
required best management practices.
18. 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.
Other:
19. 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.
20. 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.
21. The project shall comply with the 65% demolition debris recycling requirement set
forth in Section 15.48.020.
22. The Planning Commission may review this Precise Development Plan and Variance
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.
23. 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.
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
8
• 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 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Allen,Perrotti,Pizer,Chmn.Flaherty
Comm.Hoffman
None
None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 15-1 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 20, 2015.
Michael Flaherty, Chairman
January 20, 2015
Date
obe n, Secretary