HomeMy WebLinkAboutRES 13-6879 (CUP-PARCEL MAP NO. 72362)1
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RESOLUTION NO. 13-6879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION
APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE
DEVELOPMENT PLAN AND A VESTING TENTATIVE PARCEL MAP NO.
72362 FOR A TWO -UNIT CONDOMINIUM PROJECT; AND
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AT 705 1IT
PLACE, LEGALLY DESCRIBED AS LOT 115, WALTER RANSOM CO'S
VENABLE PLACE, CITY OF HERMOSA BEACH
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals.
1. Pursuant to Hermosa Beach Municipal Code Section 2.52.040, on September 10, 2013, the
City Council took jurisdiction of the Planning Commission's decision to approve Conditional Use
Permit 13-12, Precise Development Plan 13-13 and Vesting Tentative Parcel Map No. 72362 per
P.C. Resolution 13-24 to develop a two -unit condominium project subject to conditions and
determination that the project is exempt from the California Environmental Quality Act, at 705 1st
Place.
2. At the September 10, 2013, City Council meeting, the property owner to the immediate
east of the proposed project, at 709 lst Place, expressed concerns about the project over view and
sunlight obstruction.
3. On October 1, 2013, the neighbor to the east requested the City Council modify the
proposed project based on negative impacts to his special needs children relating to obstruction of
sunlight and ocean views and requested protection under the Individuals with Disabilities
Education Act.
4. On October 8, 2013, the City Council held a duly noticed public hearing to consider
the Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map at
which time testimony and evidence, both oral and written, was presented to and considered by the
Council.
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SECTION 2. Based on the Staff Report, testimony, the record of the Planning
Commission decision, and evidence received, both oral and written, the City Council makes the
following findings:
1. A Conditional Use Permit was proposed to allow the development of a two -unit, three-
story detached condominium project; conforming parking spaces are provided in garages with one
guest parking space at the end of the shared driveway located along the westerly side yard. Each unit
has bedrooms on the first and second levels, primary living areas on the third level and a roof deck
above. The units are designed in a contemporary style with barnwood siding, stone veneer and
smooth stucco as exterior finishes. The project complies with zoning requirements and design
standards for condominiums.
2. A Precise Development Plan was proposed to demolish a 65-year-old two -car garage; it is
not identified as a historic resource in the General Plan and does not exhibit other exceptional
qualities. The Planning Commission conditioned the demolition of the garage concurrently with or
after the demolition of the single-family residence to the north (708 2nd Street), in order to maintain
required parking for the single family residence at 708 2nd Street. The two -unit condominium project
is compatible in unit size and design with the surrounding residential environment that exhibits two -
and three-story multiple -family dwellings.
3. A Vesting Tentative Parcel Map was proposed to subdivide the R-2 zoned, 4,591 square
foot lot for condominium purposes. The lot is consistent with prevailing lot sizes and lot frontages
within the same zone and General Plan designations in the immediate residential area. The
subdivision provides for adequate drainage, sanitation, potable water, underground utilities, parking
and construction requirements. Design of the subdivision complies with the density requirement of
25 dwelling units per acre and is compatible and consistent with applicable elements of the City's
General Plan. The subdivision complies with Hermosa Beach Municipal Code Section 16.08.070,
the two -unit development is not likely to cause serious public health problems, and it will not conflict
with easements acquired by the public at -large for access through or use of the property within the
proposed subdivision. As required by Hermosa Beach Municipal Code Section 16.12.040, the
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project is conditioned upon payment of Park and Recreation Area Dedication in -lieu fees for two
units as there is inadequate area onsite for land dedication.
4. The project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections
15303(b) and 15315 as the design of the subdivision or the proposed condominiums is not likely
to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
5. Materials submitted by the property owner to the east do not articulate how the
Individuals with Disabilities Education Act would require accommodation from the proposed project.
The Individuals with Disabilities Education Act does not require special accommodations within the
child's residence, nor does it provide a right to unobstructed light and ocean views at home. Thereby,
a disability claim is not supportable and an accommodation is not required.
SECTION 3. Based on the foregoing factual findings, the City Council makes the
following findings for a Conditional Use Permit and Precise Development Plan pursuant to
Sections 17.40.020, 17.58.030 and 17.22.060 of the Municipal Code:
1. The project 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 project will replace a 65-year-old garage providing required parking for the single-
family residence to the immediate north (708 2nd Street) which is planned for demolition. The project
is conditioned to require demolition of the dwelling at 708 2nd Street concurrently with or prior to
demolition of the garage on the subject site. The site is zoned R-2 and is physically suitable for a two -
unit detached residential condominium with each unit containing three levels and a roof deck. Each
unit contains approximately 2,500 square feet of habitable area with a two -car garage on the first
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level. An independently accessible guest parking space is provided at the end of the shared
driveway, adjacent to Unit B.
3. The project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with the surrounding residential environment.
The project is compatible in size and building layout with the majority of the residential development
in the immediate vicinity. The naturally sloping terrain of the property, with an 8% slope from east to
west, allows for the buildings directly to the east of the subject lot to sit slightly higher.
4. Privacy, light and view impacts have been considered and will be maintained per Section
17.22.060 through the following design elements:
• The proposed detached units will have a 14+ foot building separation that exceeds the 6-foot
building separation required by the zoning code.
• The front unit's third level has a deck fronting lst Place so that the third level's south wall is
set back 10 feet from the front property line, while the required setback is 5 feet.
• Portions of the second and third levels adjacent to the easterly neighbor (directly above the
entry way) are set back an additional 4 feet (for a total of 14 feet from the front property line).
• Driveway, large windows and balconies are oriented to the west to minimize noise and
protect privacy.
• A modulated roofline will minimize building mass and avoid a flat roof design.
5. As a result of the above project design elements, the property to the east will have 14 feet
of sunlight and view exposure to the west, and provide distances of 12 feet at the second level and 16
feet at the third level between the westerly side yard of the neighbor and the easterly side yard of the
proposed project.
6. The proposed building articulation at the southeast corner provides an additional setback
that aligns the second and third levels with the east neighbor's building and third level balcony at the
southwest corner. The project will not impact the east neighbor's access to natural sunlight from the
third level balconies.
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7. The project as conditioned will conform to all zoning and condominium design standards
and will be compatible with neighboring residential properties, which also contain two- and three- I
story residential uses and condominium projects. The project complies with Section 17.22.060; lot
width exceeds 29 feet, unit sizes exceed 1,600 square feet, height is compliant, and the front
setback exceeds five feet. Each unit provides compliant solid waste and storage areas. All utilities
will be placed underground, integrated into the design, separately metered and independently
provided in each unit. As required, stormwater runoff will be minimized per the Green Building
standards and the required landscape plan. The project design provides appealing building
frontages with prominent windows, decks and use of different types of exterior finishes. The
garages being accessed from the interior of the lot and the landscaped front yard further enhance
the visual interest of the project and the streetscape on the subject block.
SECTION 4. Based on the foregoing factual findings, the City Council makes the
following findings for a Vesting Tentative Parcel Map pursuant to California Government Code
Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code:
1. The proposed project is an allowed use in the R-2 zone with a density less than 25
dwelling units per acre and is consistent with the General Plan High Density Residential designation.
The site is physically suitable for a two -unit detached condominium development.
2. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, and underground utilities, supply all required off-street parking and safe access from a public
street, and will comply with all construction requirements. The street frontage is conditioned to be
improved per Public Works standards. The project will provide permeable surfaces and if required
infiltration for onsite retention of stormwater as required by Section 15.48.020 (A4.106.4).
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3. 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 I
via onsite retention of stormwater to compensate for loss of permeable surfaces and landscaping to
enhance aesthetics, consistent with the purposes of the General Plan designation and all density and
development standards, and access and services are provided including a Park and Recreation Area I
Dedication in -lieu fee due when the project applies for approval of the Final Map.
4. The property is accessed via 1st Place, a public 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 residential environment, being
consistent with the purposes of the General Plan designation, density and development standards,
parking, access and services are provided, together with a Park and Recreation Area Dedication in -
lieu fee for two units 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 and the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat and 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 pattern and not
reduce property values in the surrounding neighborhood area because the project is similar to
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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 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
existing development in the R-2 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-2 zone
and condominium ordinance.
SECTION 5. Based on the foregoing, the City Council hereby sustains the decision of
the Planning Commission and approves Conditional Use Permit 13-12, Precise Development Plan
13-13, Vesting Tentative Parcel Map No. 72362 subject to Conditions of Approval, as follows:
1. The development and continued use of the property shall be in conformance with
submitted plans reviewed by the Planning Commission on August 20, 2013 and reviewed by the
City Council on October 8, 2013, except as required to comply with these conditions and Codes.
The Community Development Director may approve minor modifications that do not otherwise
conflict with the Municipal Code or findings and conditions 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 that required roof deck railings shall fully comply with the
30-foot height limit.
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b) 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 solar energy and solar thermal systems shall be supplied per Section 15.32.140.
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 space shall remain open and accessible to guests of both units,
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, the Fire Department, and the City of 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, 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.
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b) An automatic landscape irrigation 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 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) 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 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) Solid waste 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 the event
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that subsurface infiltration is required, 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 and clearly noted on plans. 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 file 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.
9. 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.
10. Water conservation practices set forth in Section 8.56.070 shall be complied with
and noted on construction plans.
11. 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
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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.
12. Two copies of the final construction plans, including site, elevation, floor and
landscape 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
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 the County
landfill; at least 65% of demolition debris associated with demolition of the existing
improvements and new construction shall be recycled.
14. 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 Section 15.40.020 subject
to approval by the Community Development Department.
Final Map and Certificate of Occupancy:
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15. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
16. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach a
Park and Recreation Area Dedication in -lieu fee for a two -unit condominium pursuant to Chapter
16.12.
17. 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:
18. Demolition of the two -car garage on the subject site shall occur concurrently with or
after the demolition of the single-family residence at 708 2nd Street and in the interim shall
continue to provide required parking for said single-family residence at 708 2nd Street.
19. 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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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 Public Works Department.
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 the construction site.
22. The project shall comply with the 65% demolition debris recycling requirement set
forth in Section 15.48.020.
Other:
23. Planning Commission Resolution 13-24 is hereby rescinded and is null and void.
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 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. Approval of these permits shall expire twenty-four (24) months from the date of
approval by the City Council, 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.
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26. 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 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. The Precise Development 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 (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 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the decision of the City Council must be made within 90 days after the final decision
by the City Council.
PASSED, APPROVED and ADOPTED this Bch day of October, 2013.
PRESIDENT of
ATTEST:
City Clerk
- 1—,
Council and M YOR of the City of Hermosa Beach, California
APPROVED A TO FORM:
r
City Attorney
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13-6879
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. 13-6879 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 October 8, 2013.
The vote was as follows:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSTAIN: None
ABSENT: None
Dated: October 8, 2013
Elaine Doerfling, City -Clerk