HomeMy WebLinkAboutRES 19-7214 (APPEAL OF PC DECISION)1
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RESOLUTION NO. 19-7214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DENYING AN APPEAL, THEREBY UPHOLDING
THE PLANNING COMMISSION'S DENIAL OF VARIANCE 19-1, A
REQUEST DEVIATE FROM MUNICIPAL CODE SECTIONS 17.16.080
AND 17.44.090(D) ON PROPERTY LOCATED AT 1515 MONTEREY
BOULEVARD, AND DETERMINATION THAT THIS ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, an application was filed by Steve Lazar for Design and Build by SouthSwell,
Inc., for Variance 19-1, requesting to: 1) deviate from Section 17.16.080 of the Hermosa Beach
Municipal Code to reduce their required open space; 2) to deviate from Section 17.44.090(D) of the
Hermosa Beach Municipal Code, to allow parking within the front 20 feet of the lot that does not
lead to a garage; and 3) to determine that the project is categorically exempt from the California
Environmental Quality Act for property located at 1515 Monterey Boulevard; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing to consider
the application on Jun�201-9, at—wuch time testimony and evidence, both or and written, was
presented to and considered by the Planning Commission. At the conclusion of the hearing, the
Planning Commission voted 4-0-1, with Commissioner Flaherty being absent, to deny the project
and directed staff to return with the appropriate resolution for the Planning Commission's
consideration; and.
WHEREAS, on July 16, 2019, the Planning Commission adopted Planning Commission
Resolution No. 19-08; ratifying their denial of Variance No. 19-1; and
WHEREAS, on August 1, 2019, the applicant filed a timely appeal requesting the City
Council overturn of the Planning Commission's denial of Variance 19-1; and
WHEREAS, the City Council of the City of Hermosa Beach conducted a duly noticed
public hearing to consider the appeal on September 24, 2019, at which time testimony and evidence,
both oral and written, was presented to and considered by the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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19-7214
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SECTION 1. The City Council hereby specifically finds that all of the facts set forth in
this Resolution are true and correct.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), this action is
found to be categorically exempt from CEQA as defined in Section 15305(a), Class 5 Exemption,
Minor Alterations in Land Use Limitations, because the request is a minor variance that is on a
property with an average slope of less than 20%, and will not result in any changes to the land use
or allowed density. This action is further found to be statutorily exempt from CEQA pursuant to
Section 15270, which exempts projects that are denied or rejected by the public agency.
SECTION 3. Pursuant to Hermosa Beach Municipal Code Section 17.54.020(B), the City
Council of the City of Hermosa Beach hereby finds, determines, and declares:
A. There are no exceptional circumstances that are applicable to the property involved. The
subject site has a lot site of 1,154 square feet, whereas the minimum lot size for the R-3
zone is 4,000 square feet. While this parcel is a small lot, it is not a unique circumstance
in the City of Hermosa Beach. Other small parcels in the City have been able to construct
new single-family residences, while meeting all of the zoning standards. The applicant's
"hardship" is being driven by the size of the proposed home. The applicant could propose
a smaller home that provides all of the necessary open space and a two -car enclosed garage
to meet the parking requirements, thus eliminating the need for the deviations.
B. The variance is not necessary for the preservation of a substantial property right
possessed by other properties in the vicinity of the subject property. The substantial
property right that exists for the subject site is the ability to provide a residence. There is
no guarantee as to the size of said residence. Inasmuch as the property is currently
improved with an 888 square foot single-family residence, the owner is already being
provided the same property rights as other properties in the vicinity. It is possible for the
applicant to provide a new, larger home on the property and meet of the development
standards on the site. Elimination of the third bedroom on the first floor will give
sufficient space to provide a two -car garage, thus meeting the parking requirements.
Furthermore, a 70 square foot reduction of the living space on the third floor will provide
additional space on the balconies to meet the open space requirements.
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SECTION 4. Based on the foregoing, the City Council hereby denies the appeal and
upholds the Planning Commission's denial of Variance 19-1.
SECTION 5. This Resolution shall take effect immediately. The City Clerk shall certify to
the passage and adoption of this Resolution; shall cause the original of the same to be entered
among the original resolutions of the City Council; shall make a minute of the passage and
adoption thereof in the minutes of the City Council meeting at which the same is passed and
adopted; and shall transmit a copy of this Resolution to the Applicant.
PASSED, APPROVED and ADOPTED this 24th day of September, 2019.
PRESIDENT of the City Council and
ATTEST:
1. 4
City Clerk
R of the City of Hermosa Beach, California
1 AS
i— 1
City Attorney
FORM:
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19-7214
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Carol Cowley, Interim City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 19-7214 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 24, 2019 by the following
vote:
AYES:
Campbell, Duclos,_Fangary, Massey, Mayor Armato
NOES:
None
ABSENT:
None
ABSTAIN: None
Dated: September 24, 2019
i
Carol Cowley, Interim De ty City Clerk