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HomeMy WebLinkAboutPC Resolution 06-07 - (33 16th St)1 2 3 4 5 6 7 a 9 la 11 12 13 14 15 16 17 16 19 20 21 22 2� 24 25 26 27 28 29 P.C. RESOLUTION 06-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO ALLOW DEVELOPMENT OF A SECOND DWELLING UNIT ON A PROPERTY IN THE R-2B ZONE AT 33 16TH STREET, LEGALLY DESCRIBED AS LOT 33, BLOCK 17, HERMOSA BEACH TRACT The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Andrew L. Murray, owner of real property located at 33 16'h Street, seeking approval of a Precise Development Plan to construct a second dwelling unit. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on April 18, 2006, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The applicant is proposing to demolish the existing detached garage and add second dwelling unit above a new garage and carport with alley access at the rear of the property. 2. The subject property contains 3,652 square feet, is designated Medium Density Residential on the General Plan Map, and designated R-2B Limited Multiple Family -Residential on the Zoning Map. Section 4. Based on the foregoing factual findings the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan: 1. The site is zoned R-2B and is physically suitable for the type and density of proposed development; 2. The proposed improvements are not likely to cause serious public health problems; . 3. The proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of the subject property; 4. The proposed improvements are compatible and consistent with applicable elements of the City's General Plan, and is compatible with the immediate environment; 5. The project, as conditioned, will conform to all zoning laws and criteria and will be compatible with neighboring residential properties; 6. The project is Categorically Exempt from the requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b) and 15315 with the finding that the project is in an area with available services. Section 5. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans, including landscape plans, received and reviewed by the Planning Commission at their meeting of April 18, 2006. 1 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 29 2. The trash area shall be enclosed on all sides pursuant to the Municipal Code. 3. Two parking spaces shall be assigned for each unit in tandem (i.e. one in the garage and the second space in front of the. garage space) with one guest space to the side of the garage, and the plans shall designate these assigned spaces. 4. There shall be compliance with all requirements of the Public Works Department and Fire Department. S. Architectural treatment shall be as shown on building elevations and site and floor plans. 6. The applicant is responsible for all off -site right-of-way construction required by the Public Works Department. 7. The trash area shall be relocated and screened from view from the side property and alley. 8. Prior to the submittal of structural plans to the Building Division for Plan Check an .Acceptance of Conditions affidavit shall be riled 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. 9. The applicant shall submit all required plans and reports in two steps to comply with the City's construction debris recycling program, including manifests from both the recycler and County landfill, prior to final approval of building demolition and issuance of building permits, and prior to project final approval. 10. Final building plans/construction drawings submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a) 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 onto the property. 11. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 12. Each of the above Conditions of Approval 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. 13. 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. 1 2 3 4 5 6 7 a 9 �o 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 14. 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. 15. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 16. The Precise Development Plan shall be null and void eighteen months from the date of approval unless building permits have been obtained. The applicant may apply in writing for an extension of time to the Planning Commission prior to the date of expiration. Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Allen, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Kersenboom CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 06-7 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 April 18, 2006. Peter H&Tnthn, Chairman Date F:1B951CD1PC12006104-18-0618 - PDPR-33 16th.DOC 3