HomeMy WebLinkAboutRES-12-6803 (CUP)1
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RESOLUTION NO.12-6803
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION
APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT
PLAN, AND VESTING TENTATIVE MAP FOR A 3-UNIT CONDOMINIUM
AT 1516 MONTEREY BOULEVARD, LEGALLY DESCRIBED AS LOT 8,
BLOCK 54, FIRST ADDITION TO HERMOSA BEACH, CITY OF HERMOSA
BEACH, CALIFORNIA
Section 1. Pursuant to Hermosa Beach Municipal Code Section 2.52.040, on April 24,
2012 the City Council took jurisdiction of the Planning Commission's April 17, 2012 decision to
approve a Conditional Use Permit Amendment 12-2, Precise Development Plan 12-3 and Vesting
Tentative Map #71363 for a three -unit residential condominium project at 1516 Monterey
Boulevard (P.C. Resolution 12-7). On June 12, 2012, the City Council held a duly noticed public
hearing to consider said application, at which time testimony and evidence was presented to and
considered by the Council.
Section 2. Based on the Staff Report, testimony, the record of the decision of the Planning
Commission, and evidence received, both oral and written, the City Council makes the following
factual findings:
1. An application was filed on February 9, 2012 by Monte Williams on behalf of the
Monterey View Townhomes, LLC., owner of real property located at 1516 Monterey Boulevard,
seeking approval of Conditional Use Permit 12-02, Precise Development Plan 12-03, and Vesting
Tentative Parcel Map #71363 for a three -unit residential condominium project at 1516 Monterey
Boulevard.
2. The subject property is an interior through -lot, contains 5,000 square feet, is
designated High Density Residential on the General Plan Map, and designated R-3 Multiple -
Family Residential on the Zoning Map.
3. On April 17, 2012, the Planning Commission considered the subject application to
develop a three -unit residential condominium project, made required findings, and added
condition 2(B) to reduce noise from tires on the driveway, and adopted P.C. Resolution 12-7
approving the project as otherwise presented.
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4. On May 31, 2012 the applicant submitted supplemental information showing two
alternative designs relating to parking, each providing eight spaces onsite, in comparison to 11 spaces
onsite, supplying the required unit, guest and replacement spaces, thereby allowing for more parking
than is required, helping reduce demand for street parking, avoiding tight turning areas and difficult
access, and eliminating conflicts among owners that tends to occur with shared driveways or shared
guest parking.
Section 3. Based on the testimony and evidence received, the City Council affirms 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.
2. The site is zoned R-3 and is physically suitable for a three -unit residential condominium
consisting of two buildings, with each unit containing three stories with roof deck. Units A and B
front Monterey Boulevard; each unit has 2,640 square feet of habitable area with three bedrooms
and a bonus room on the ground level; Unit C fronts Loma Drive and contains 2,112 square feet of
habitable area with three bedrooms. A two -car garage is located on the ground level for all units.
Units A and B have two guest parking spaces directly in front of the garage access from Monterey
Boulevard; Unit C parking is accessed from Loma Drive with one guest parking in front of garage,
and these five spaces also offset three eliminated on -street 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.
4. The property is accessed via public streets 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
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purposes of the designation, density and development standards, and parking, access and services are
provided, including a park dedication in -lieu fee at the time of Final Map submittal.
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 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) and 15315.
8. The proposed subdivision will be consistent with the prevailing lot patterns 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, will not inhibit the ability of others to use their property, and conditions have
been placed on the project to ensure compatibility.
9. The size of the proposed lot is not smaller than the prevailing lot size and lot frontage
within the same zone and general plan designation within a three hundred (300) foot radius; the
subdivision consists of the division of airspace on a parcel of size and frontage consistent with or
larger than existing development in the R-3 zone.
10. 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 4. Based on the testimony and evidence received, the City Council affirms 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,
substantiating that the proposed facilities will be compatible with existing and fixture uses in the
vicinity and not be materially detrimental to property or improvements in the vicinity and zone:
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 three -unit residential condominium,
consisting of two buildings; each unit contains three stories with a roof deck above. Units A and B
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front Monterey Boulevard; each unit has 2,640 square feet of habitable area with three bedrooms
and a bonus room, Unit C fronts Loma Drive and contains 2,112 square feet of habitable area with
three bedrooms. While the bonus game room in Units A and B on the ground floor is internally
connected to and accessible from the remainder of the dwelling unit, design of the room with a full
bath and wet bar may lend itself to use as a separate living quarter, and the project is conditioned
upon a deed restriction to ensure future use of Units A and B as single family residences. A two -
car garage is located on the ground level for all units. Units A and B have two guest parking
spaces directly in front of the garage access from Monterey Boulevard; Unit C parking is accessed
from Loma Drive, with one guest parking space in front of garage.
3. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supply all required off-street parking 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
applicable elements of the City's General Plan and 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 in compliance with the Green Building Standards in
Chapter 15.48, being consistent with purposes of the designation, and all density and development
standards, and access and services are provided, including a park dedication in -lieu fee, due when the
project files for approval of the Final Map.
5. The project as conditioned will conform to all zoning and condominium standards and
will be compatible with neighboring residential properties which also contain two and three story,
multi -unit dwellings. The project as conditioned complies with Section 17.22.060 because lot
width exceeds 29 feet, unit sizes exceed 1,400 square feet, height limits are met, and the front
setback complies with the minimum required five feet. Each unit provides storage and screened
trash area. All utilities will be placed underground, integrated into the design, separately metered
and independently provided in each unit. Alteration of natural features is replaced with extensive
permeable areas and drought -tolerant landscaping; storm water runoff will be minimized per the
Green Building Standards in Chapter 15.48. The detached buildings design provides separation
between buildings and provides sunlight and airflow, and no substantial privacy, light, air, or view
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impacts are anticipated because the project is providing a five-foot side yard setback as required by
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the Code.
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Section 5. The project is Categorically Exempt from the California Environmental Quality
Act pursuant to CEQA Guidelines Sections 15303(b) and 15315 because the project consists of
infill development on a site zoned for residential uses, replacing one unit with three units, 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 6. Based on the foregoing, the City Council hereby sustains the decision of the
Planning Commission and hereby approves Conditional Use Permit Amendment 12-2, Precise
Development Plan 12-3 and Vesting Tentative Map #71363, 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 on April 17, 2012. The
Community Development Director may approve minor modifications that do not otherwise
conflict with the 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) A deed restriction approved by the Community Development Director and City
Attorney shall be recorded, limiting use of each dwelling to a single family residence with one
kitchen facility and all habitable rooms within the dwelling shall be internally connected as
required by Section 17.04.040, prior to certificate of final occupancy.
b) The driveway serving Unit C shall be constructed with non -smooth surface materials to
reduce the potential for tire squealing.
c) Height, including required roof deck railing, 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.
d) Design and construction shall comply with Section 17.22.060, except as specifically
stated in this Resolution. Conduit to accommodate roof -mounted alternative energy equipment for
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solar energy and solar thermal shall be supplied per Section 15.32.140 and shall be shown on
plans.
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e) The requirements of Sections 17.22.060(F) and (G) shall be shown on structural plans
and reviewed at the time of Building Division Plan Check.
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) Guest parking spaces shall remain open and accessible to guests of the assigned unit,
rather than being used for storage or any other purpose, 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.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and all requirements of the Municipal Code.
BuildinE 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, Planning Division for review and
approval prior to the issuance of Building Permits. The Final Landscape Plan shall also include the
following:
a) The applicant shall provide a landscape plan to comply with Sections 17.22.060(H) and
8.60.060 to the satisfaction of the Community Development Director. A minimum of three 36-
inch box -size, drought -tolerant trees shall be provided.
b) An automatic landscape sprinkler system consistent with Section 8.60.060(D) shall be
provided, and shall be shown on plans (Building Permits are required).
6. Architectural treatments shall be as shown on building site, elevations 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.
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b) 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 (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 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.
c) Trash and recycling facilities shall comply with Chapter 8.12.
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: The applicant shall install "Grasscrete" or other permeable material in the driveway,
guest parking spaces 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, the applicant shall infiltrate runoff onsite. In addition,
runoff from the remainder of all impermeable surfaces on the project site, including roof runoff
and downspouts from roofs, shall be directed onto permeable areas or into a subsurface infiltration
system designed to infiltrate the volume of runoff produced by a 0.75 inch storm event. The
applicant shall enter into an agreement with the City and provide financial assurances (prior to final
map approval) for the ongoing infiltration as required by the Code and Public Works Department.
All other drainage shall be routed to an offsite facility or onsite permeable area approved by the
City.
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.
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9. An approved civil engineering plan prepared by a licensed civil engineer, and approved by
the Public Works Director, addressing grading, driveway encroachments, undergrounding of all
utilities, sidewalk, curb and gutter improvements along Monterey Boulevard and Loma Drive,
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 prior to the issuance of Building
Permits.
10. A plan for urban and stormwater runoff controls approved by the 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.
11. 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 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% of demolition debris associated with demolition of the existing
improvements and new construction shall be recycled
13. 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 comply with Chapter 15.40 and is subject
to approval by the Community Development Department.
Final Map and Certificate of Occupancy
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14. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter
16.08 of the Municipal Code.
15. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach a park fee
in lieu of onsite parkland dedication pursuant to Chapter 16.12 in the amount of $28,662.
16. 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:
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. 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.
Other:
20. Water conservation practices set forth in Section 8.56.070 shall be complied with and
noted on construction plans.
21. 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.
22. 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
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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.
23. 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 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 entitlements shall be recorded, and proof of recordation shall be submitted to the
Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of
approval is found to be invalid by a court of law, all the other conditions shall remain valid and
enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the
City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorneys' fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may
be required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action, but such participation shall not relieve
the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with
the conditions of this grant and any law, statute, ordinance or other regulation applicable to any
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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. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision by the City Council must be made within 90 days after the final decision by the City
Council.
Section 3. 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 minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
Section 4. The City Clerk shall transmit a certified copy of this Resolution to the
Applicant.
PASSED, APPROVED and ADOPTED thisl2th day of June, 2012.
PRESIDENT
ATTEST:
Clerk
and MAYOR of the City of Hermosa Beach, California
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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.12-6803 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 June 12, 2012.
The vote was as follows
AYES:
Bobko, DiVirgilio, Fishman, Tucker, Mayor Duclos
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: June 26, 2012