HomeMy WebLinkAboutRES 14-6918 (1818-1834 PCH TRACT MAP 72717)2
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RESOLUTION NO. 14-6918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING A CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE
TRACT MAP #72717 FOR A SEVEN -UNIT CONDOMINIUM PROJECT
AT 1818 TO 1834 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED
AS LOTS 26, 27 &28, BLOCK 1, JOHNSON AND NEWMAN'S CAMINO
REAL TRACT AND LOT 5 OF TRACT 6054, CITY OF HERMOSA
BEACH, CALIFORNIA, AND DETERMINING THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND SUPERSEDING PLANNING
COMMISSION RESOLUTION 14-17
SECTION 1. Pursuant to Hermosa Beach Municipal Code Section 2.52.040, on August
26, 2014 the City Council took jurisdiction of the Planning Commission's August 19, 2014
decision to approve Conditional Use Permit 14-9, Precise Development Plan 14-13, and Vesting
Tentative Tract Map #72717 to develop a seven -unit residential condominium project at 1818 to
1834 Pacific Coast Highway (P.C. Resolution 14-17).
SECTION 2. On September 23, 2014 the City Council held a duly noticed public hearing
to consider said application, at which time testimony and evidence, both written and oral, was
presented to and considered by the Council.
SECTION 3. The proposed development is Categorically Exempt from the California
Environmental Quality Act, per CEQA Guidelines Section 15322 because the project consists of
the construction of seven residential condominiums on an existing urbanized site with six units 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 the staff report, testimony, the record of decision of the Planning
Commission, and evidence received, both oral and written, the City Council makes the following
factual findings:
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1. An application was filed on May 12, 2014 by Rayburn Properties, LLC, owners of
real property located at 1818 to 1834 Pacific Coast Highway, seeking approval of Conditional Use
Permit 14-9, Precise Development Plan 14-13, and Vesting Tentative Tract Map 472717 to
develop a seven -unit residential condominium project.
2. The subject property is an interior lot, contains 12,976 square feet, is designated
Medium Density Residential on the General Plan Map, and designated R-2 Two -Family
Residential on the Zoning Map.
3. On August 19, 2014 the Planning Commission considered the subject application to
develop a seven -unit residential condominium project, and made the required findings, and added
Condition 4(h) requiring additional architectural articulation on the east and north elevations, and
adopted P.C. Resolution 14-17 approving the project as otherwise presented, noting that the height
of the project was below the height limit, there were currently six units on the site and seven were
requested, and addition of articulation per condition of approval would address concerns over the
appearance of the east wall adjacent to other residents. Per neighbor concerns, it was also
determined that elevation points proposed to be used to calculate height represent natural grade.
SECTION 5. Based on the testimony and evidence received, the City Council 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. 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 seven -unit residential condominium, with all
units containing three levels and a two -car garage. Two covered spaces are provided for each unit
with four (4) shared guest spaces and one (1) designated 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
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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 Pacific Coast Highway 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 will be compatible and
consistent with applicable elements of the City's General Plan as amended 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
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.
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.
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SECTION 6. Based on the testimony and evidence received, the City Council 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.
2. The site is zoned R-2 and is physically suitable for a seven -unit residential
condominium. All units contain three (3) levels, a two -car garage and a roof deck. Four (4) shared)
guest parking spaces and one (1) designated guest parking space are provided on the property. The
habitable area of each unit is as follows: Unit A = 2,036 square feet, Unit B = 2,036 square feet,
Unit C = 2,036 square feet, Unit D = 2,244 square feet, Unit E = 2,262 square feet, Unit F = 2,239
square feet, and Unit G = 2,063 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, use, and design of 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 the 5-feet minimum required. Site redevelopment will increase the height of the majority
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of the building. Balconies for each unit are located on the second and third levels and are westerlyl
facing. Each unit contains a roof deck ranging in size from 350 square feet to 560 square feet.
Unit A provides a balcony on the second level primarily facing 25th Street, and Unit B provides a
second level balcony facing the rear yard. Yard areas meet minimum requirements and
topographical conditions (steep slope from east to west, approximately 13 feet drop in 130 lineal
feet) of the immediate area reduce the likelihood of extraordinary impacts due to close proximity
of outdoor gathering areas and neighboring buildings.
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 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. A landscape plan was not
submitted; a minimum of two 36 inch box trees are required as conditioned.
SECTION 7. Based on the foregoing, the City Council hereby sustains the decision of the
Planning Commission and approves Conditional Use Permit 13-15, Precise Development Plan 13-
16, and Vesting Tentative Tract Map #72717 for a seven -unit residential condominium project
subject to the following Conditions of Approval:
n___ __-I .
1. The development and continued use of the property shall be in conformance with submitted
plans received and reviewed by the City Council at its meeting of September 23, 2014. The
Community Development Director may approve minor modifications that do not otherwise
conflict with the Municipal Code or requirements of this approval.
2. The subject lots shall be combined into one legal parcel via a Boundary Line Adjustment
and recorded prior to issuance of a building permit.
3. 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:
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a) Design and construction shall comply with section 17.22.060 except as specifically
stated in this Resolution.
b) The curb cut and driveway shall be a minimum of 16 feet in width.
c) Conduit to accommodate roof -mounted alternative energy equipment for
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 300 square feet of open space shall be provided for each unit.
f) A minimum of 700 square feet of shared open space shall be provided on the lot
and shall be accessible to each unit.
g) A minimum of 200 cubic feet of storage area shall be provided for each unit.
Designated storage shall be clearly shown on plans.
h) Architectural articulation shall be added to the east and north elevations to the
satisfaction of the Community Development Director.
4. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed
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,
excluding the guest parking space in -tandem with Unit G (north east corner unit) garage which is
designated for Unit G.
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.
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5. The project shall comply with all requirements of the Building Division, Public Works
Department and Fire Department, and the City of Hermosa Beach Municipal Code.
6. 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. A minimum
of three 36-inch box -size non-invasive drought -tolerant trees shall be provided.
b) An automatic landscape sprinkler system consistent with Sections 17.22.060(H) of
the Municipal Code shall be provided, and shall be shown on plans (Building Permits are
required).
7. 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.
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 -conserving and
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
17.46.210 of the Municipal Code.
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8. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of Sec
15.48.020 of the Municipal Code and install permeable surfaces in the guest parking space
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 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.
9. 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.
10. 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
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Planning Commission -approved plans and this Resolution prior to the submittal to the B
Division for plan check.
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 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 Occu anca.
14. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
15. 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 seven (7) units in -lieu of onsite
parkland dedication.
16. 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
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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17. 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.
18. 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
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.
19. 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.
20. A plan for urban and stormwater runoff controls required by the Municipal Code
including Section 8.60.070 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.
21. 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:
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 developmen
or activity not in full compliance shall be a violation of these conditions.
23. Approval of these permits shall expire twenty-four (24) months from the date of approva
by the City Council, unless significant construction or improvements or the use authorized hereb:
has commenced. One or more extensions of time may be requested. No extension shall bi
considered unless requested, in writing to the Community Development Director including thi
reason therefore, at least 60 days prior to the expiration date. No additional notice of
will be provided.
24. The Planning Commission may review this Conditional Use Permit or Precis
Development Plan and may amend the subject conditions or impose any new conditions if deeme(
necessary to mitigate detrimental effects on the neighborhood resulting from the subject use.
SECTION 8. This grant shall not be effective for any purposes until the permittee and th,
owners of the property involved have filed at the office of the Planning Division of the Communit:
Development Department their affidavits stating that they are aware of, and agree to accept, all o
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
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attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect t,
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 ma
be required to pay as a result of any claim or action brought against the City because of this gran
Although the permittee is the real party in interest in an action, the City may, at its sole discretior
participate at its own expense in the defense of the action, but such participation shall not reliev
the permittee of any obligation under this condition.
SECTION 9. Pursuant to the Code of Civil Procedure SECTION 1094.6, any legE
challenge to the decision of the City Council must be made within 90 days after the final decisio
by the City Council.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution,
shall enter the same in the book of original Resolutions of said City; and shall make a minute
the passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED AND ADOPT this 23rd day of September, 2014.
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PRESIDENT of the City Council and MAYOR of the City Hermosa Beach, California
t
ATTEST: P A I:O F RM:
City Clerk 1ty orney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 14-6918 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on September 23, 2014.
The vote was as follows:
AYES: Barragan, DiVirgilio, Fangary, Petty
NOES: Mayor Tucker
ABSTAIN: None
ABSENT: None
Dated September 23, 2014