HomeMy WebLinkAboutPC Resolution 24-06 - 435 8th Street Page 1 of 17 RES NO. 24-06
CITY OF HERMOSA BEACH
RESOLUTION NO. 24-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN (23-01)
AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE-FAMILY
DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE
SETBACK INSTEAD OF 17 FEET AND A VARIANCE TO ALLOW THE
REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN
REQUIRED; AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST
PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL
(R-3) ZONE, AND DETERMINATION THE PROJECT IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, an application was filed on April 21, 2023, by the applicant Shad
Peck, requesting Planning Commission approval of a Parking Plan (23-01) and
Variance (23-03) to allow a newly constructed 975-square-foot single-family
dwelling, with a less than required garage setback, reconfiguration of required
open space, and a reconfigured guest parking space; and
WHEREAS, the Planning Commission, at its public meeting of May 21, 2024,
considered all testimony and evidence, both oral and written, that was presented
to the Planning Commission; and
WHEREAS, pursuant to Section 15300.2(f) of the California Environmental
Quality Act (CEQA), a categorical exemption shall not be used for a project
which may cause a substantial adverse change in the significance of a historical
resource. Additionally, the City’s General Plan, PLAN Hermosa, Environmental
Impact Report (EIR) includes Mitigation Measures establishing that the City shall
require project applicants of discretionary projects to conduct historical resources
studies, surveys, and assessment reports on a project-by-project basis, when a
project proposes to alter, demolish, or degrade a designated landmark or a
potential historic landmark, as defined by HBMC Chapter 17.53 (Historic Resources
Preservation). Accordingly, the applicant provided a historical resource report, to
verify whether the more than 40 years old existing residence is historically relevant,
prepared by qualified individuals, consistent with the Secretary of the Interior’s
Professional Qualification Standards for Archaeology and Historic Preservation.
The report found the property was not eligible under all state and local
Page 2 of 17 RES NO. 24-06
designation criteria due to a lack of significant historical associations and
architectural merit. Therefore, the project is categorically exempt from the
California Environmental Quality Act defined in CEQA Section 15303 Class 3 New
Construction or Conversion of Small Structures, as the project consists of
construction of one single-family residence in a residential zone. Moreover, none
of the exceptions to the categorical exemption(s) apply, nor would the project
result in a significant cumulative impact of successive projects of the same type
in the same place over time or have a significant effect on the environmental
due to unusual circumstances or damage a scenic highway or scenic resources
within a state scenic highway.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based on the foregoing factual findings, the Planning
Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC)
Section 17.54.020 (Variances), that the property is subject to exceptional
circumstances and proposes deviations from the municipal code which are
consistent with PLAN Hermosa:
A. Exceptional circumstances applicable to the property involved;
The project site is a 1,010-square-foot lot located within the R-3 Zone.
Further, the property dimensions are 40.40 feet deep and 25 feet wide. To
satisfy the required garage setback depth (17 feet), the interior garage
dimensions (20 feet deep), and the required rear yard setback (5 feet), the
lot depth would have to be 42 feet. The lot depth is 1.6 feet less than the
minimum lot depth required to fit the garage in compliance with all
setbacks, though access to living area above is not included. The applicant
requests a nine-foot garage setback to provide sufficient space for a
stairway to access the floor above and to accommodate a guest parking
space parallel to the garage door. Where providing 17 feet is not possible,
nine feet allows for a guest space onsite, in a modified configuration,
resulting in the property conforming with the total parking required for a
single-family residence, and provide property access to the primary
residence.
The project proposes 182 square feet of open space. The project proposes
a reconfiguration of where open space counts, resulting in a total of 300
Page 3 of 17 RES NO. 24-06
square feet open space, consistent with the minimum required for the zone.
Even when reconfigured, providing open space is significant in ensuring
access to clear air and sunlight between adjacent properties. The
proposed unit is 975 square feet, and if the project satisfied the open space
requirement as defined per HBMC 17.16.080, the unit would be even
smaller. The subject property provides a smaller floor area ratio (FAR) than
other R-3 properties. FAR describes the amount of living area compared to
the lot size of the property. 182 2nd Street has a FAR of 1.45, and 132
Neptune Avenue has an FAR of 1.78, while the subject property proposes
an FAR of 0.97. Providing open space in a conforming configuration would
further limit the FAR of the subject property and would further separate the
subject property form normal development patterns of the R-3 zone. The
limited size of the lot and the need for functional living space is justification
to allow the variance for reconfigured open space. The project if granted
a variance, would provide a minimum 300 square feet of open space in an
alternative configuration, meeting the intent of the code and the property
owners would enjoy the benefits of private outdoor space.
The current structure on the property is 480 square feet. The minimum lot
area per dwelling unit in the R-3 zone is 1,320 square feet. Staff reviewed all
R-3 lots across the city and found the median lot size for the R-3 zone is 3,810
square feet. Of 1,747 R-3 Zoned lots in the city, the subject property is the
15th smallest property; falling within the smallest one percent of R-3 lots.
Further, the project proposes 975 square feet of living area. If the project
were to meet the required open space ratio, the total living area would be
at most 975-200=775 square feet. The project as proposed attempts to
satisfy development standards or the intent of the standards despite the lot
area and dimensions creating exceptional circumstances.
B. That the variance is necessary for the preservation of a substantial property
right possessed by other properties in the vicinity of the subject property:
The depth of the lot cannot accommodate the required garage setback
depth (17 feet), the interior garage dimensions (20 feet deep), and the
required rear yard setback (5 feet). The applicant requests a Variance
allowing a nine-foot garage setback. Without a variance, the property
would not be able to provide parking in accordance with the Zoning
Ordinance. The Variance provides the property owner the ability to meet
setback requirements, while also providing covered parking, consistent with
Page 4 of 17 RES NO. 24-06
what neighboring properties have available. Further, a nine-foot setback
would allow a guest parking space consistent with alley-adjacent
parking— minimum 9 feet wide by 22 feet long, oriented parallel to the
garage, as outlined by HBMC 17.44.100(B)(2).
The limited living area per floor supports the need for allowing more than
100 square feet of roof deck to be counted towards the 300 square feet
open space requirement for the property. The current structure on the
property is 480 square feet. Staff reviewed all R-3 lots across the city and
found the median lot size for the R-3 zone is 3,810 square feet. Of 1,747 R-3
Zoned lots in the city, the subject property is the 15th smallest property;
falling within the smallest one percent of R-3 lots. Further, the project
proposes 975 square feet of living area. If the project were to meet the
required open space ratio, the total living area would be at most 975-
200=775 square feet. The subject property would have a ratio of living area
to open space equal to 2.5 square feet, where each 2.5 square feet for
living area would have one-square-foot of open space (775 square feet
living area divided by 300 square feet of open space). In comparison, the
property with the median lot size for the R-3 zone, 182 2nd Street,
developed with two condominiums, has a ratio of 18.5 square feet of living
area for each square foot of open space (5,541 square feet living area
divided by 300 square feet of open space). In addition, the property within
the 0.9th percentile for lot size, 132 Neptune Avenue, developed with a
single-family residence, has an open space ratio of 18.73. 132 Neptune
Avenue has one garage parking space, and has nonconforming setbacks,
and open space.
C. That the variance will not be materially detrimental to the public welfare
injurious to the property or improvements in the vicinity and zone in which
the property is located:
The requested 9-foot garage setback would provide enough separation
between the right-of-way and the garage to accommodate a guest
parking space. Vehicles exiting the garage would have limited visibility of
pedestrians on the sidewalk beyond the threshold of the garage. Staff
found the proposed reduced setback maintains a balance between
accommodating the proposed project and preserving public interests such
as public safety. Further, the reconfigured parking layout would bring the
project in compliance with the minimum parking requirements for the R-3
Page 5 of 17 RES NO. 24-06
zone. The property is located in the Coastal Zone and proposes 3 off-street
parking spaces. The new development would reduce strain on public
parking inventory and would allow greater access to the Coastal Zone.
Allowing more than 100 square feet of deck space to count towards the
300 square feet minimum for the site, would not pose a substantial risk to
public welfare or the subject property. The project proposes to satisfy all
setback requirements, remain within the allowable height for the zone, and
provide private open space in a manner that would allow full use of private
property.
D. That granting of the variance will not conflict with the provisions of, or be
detrimental to, the general plan:
The project as proposed; eliminates existing nonconforming conditions that
make the property inconsistent with PLAN Hermosa and proposes a new
development which incorporates characteristics of the Sand Section
Neighborhood.
The project eliminates existing nonconforming conditions that make the
existing residence inconsistent with PLAN Hermosa. Specifically, the existing
residence includes a front yard patio which extends beyond private
property into the right-of-way. Further, the project complies with all building
setback requirements, where the existing structure is nonconforming to all
setbacks. Though the project includes a deviation from some development
standards, staff found the proposed reduced garage setback consistent
with similar small lots and found the setback would provide enough
separation from the right-of-way to ensure pedestrian safety.
Additionally, the project proposes three off-street parking spaces. The
property is located in the Coastal Zone, on a block with no on-street parking
directly available. In the context of the Coastal Act’s mandate for coastal
access retention, the project proposes removing reliance on public
resources in an impacted area. Where the site no longer relies on public
parking to access the property, the general public gains an additional
three spaces within close proximity of the beach.
Finally, the proposed project attempts to satisfy minimum requirements for
new development in the City, in a way that is consistent with Plan Hermosa.
Page 6 of 17 RES NO. 24-06
Specifically, the project proposes a similar scale and mass to adjacent
properties within the Sand Section neighborhood. The project includes
building articulation facing 8th Street, and attempts to satisfy minimum
open space requirements in a manner consistent with the desired form and
character described by PLAN Hermosa.
SECTION 2. Based on the evidence received at the public meeting, the Planning
Commission hereby further finds, determines, and declares that the project is
consistent with the City’s General Plan (PLAN Hermosa). Specifically, the Variance
and Parking Plan are consistent with Goals 1, 2, 4, and 10 of the Land Use Element,
Goal 7 of the Sustainability and Conservation Element, and Goal 5 of the Parks
and Open Space Element.
Goal 1. Create a sustainable urban form and land use patterns that support a
robust economy and high quality of life for residents.
Policy:
· 1.6. Scale and context. Consider the compatibility of new development
within its urban context to avoid abrupt changes in scale and massing.
The project is within permitted lot coverage standard for the R-3 zone.
Further, the project meets rear and side yard setback requirements for the
zone. The property is located in the Sand Section Neighborhood, which
discourages box-like front facades, in favor of more articulated designs. The
project provides façade articulation along 8th Street, to reduce visual
indications of massing of the structure consistent with the desired form and
character of the neighborhood.
Goal 2. Neighborhoods provide for diverse needs of residents of all ages and
abilities, and are organized to support healthy and active lifestyles.
Policy:
· 2.5. Balanced neighborhoods. Promote a diverse range of housing unit
types and sizes within the allowed densities.
The site is currently developed with a single-family residence,
nonconforming to most development standards. The project is located in
the Sand Section Neighborhood, which accommodates an integrated
mixtures of housing types. The proposed new single-family residence is a use
consistent with the zone and general plan designation. The project retains
the uniquely small size of the existing unit, while eliminating some
nonconforming conditions.
Page 7 of 17 RES NO. 24-06
Goal 4. A parking system that meets the parking needs and demand of
residents, visitors, and employees in an efficient and cost-effective manner.
Policy:
· 4.2. Encourage coastal access. Ensure parking facilities and costs of such
facilities are not a barrier to beach access by the public.
The existing residence has no onsite parking. The project proposes adding
two covered parking spaces and one guest space. The project reduces
overreliance on public parking to accommodate a residential use and
satisfies the minimum required parking for the onsite use. The project
proposes removing a nonconforming condition and creates more
availability of public parking in the Coastal Zone.
Goal 10. A strong sense of cultural and architectural heritage.
Policies:
· 10.6. History and cultural heritage. Support and encourage efforts to
document and share the cultural heritage and history of Hermosa Beach.
The site is currently developed with a single-family residence constructed in
1923. The applicant provided a historic resource report prepared by a
qualified professional, pursuant to the Secretary of interior’s Professional
Qualification Standards for Archaeology and Historic Preservation. The
report found the property was not eligible under all state and local
designation criteria due to a lack of significant historical associations and
architectural merit.
10.10. Archaeological and paleontological resources. Recognize the
prehistory and history of the city and strive to identify, protect, and preserve
archaeological and paleontological resources.
The site is currently developed with a single-family residence constructed in
1923. The applicant provided a historic resource report prepared by a
qualified professional, pursuant to the Secretary of interior’s Professional
Qualification Standards for Archaeology and Historic Preservation. The
report found the property was not eligible under all state and local
designation criteria due to a lack of significant historical associations and
architectural merit.
Goal 7. Essential topsoil is retained and erosion is minimized.
Policy:
Page 8 of 17 RES NO. 24-06
· 7.1 Permeable pavement. Require the use of permeable pavement in
parking lots, sidewalks, plazas, and other low-intensity paved areas.
A condition of approval is proposed to require the project incorporate,
where feasible, permeable pavers in the required driveway and setback
areas which are not proposed as landscaping.
Goal 5. Scenic vistas, viewpoints, and resources are maintained or enhanced.
Policy:
· 5.7. Light pollution. Preserve skyward nighttime views and lessen glare by
minimizing lighting levels along the shoreline.
A condition of approval is proposed is to require all exterior lighting be
downcast to limit impacts to nighttime views and adjacent properties.
Section 3. Based on the foregoing, the Planning Commission hereby approves the
subject Parking Plan (23-01) and Variance (23-03), subject to the following
Conditions of Approval:
1. The development and continued use of the property shall be in
conformance with submitted plans received and reviewed by the Planning
Commission at its meeting of May 21, 2024. The Community Development
Director may approve minor modifications that do not otherwise conflict
with the HBMC or requirements of this approval.
2. Approval of Variance 23-03 shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless modified herein, the project
shall fully comply with all requirements of the R-3 Zone as applicable of
the Municipal Code, except for the following provisions under this
Resolution:
a. The setback, measured from the front property line, shall be a
minimum of 9 feet, to accommodate required guest parking.
b. The required open space onsite shall be portioned as described.
Minor changes to the approved reportioned open space may be
approved, subject to Community Development Director approval:
i. 82 square feet provided on a third-floor deck.
ii. 218 square feet provided on a roof deck.
3. The required parking shall be configured as demonstrated in Exhibit A. The
required guest parking space located directly parallel to the garage door,
shall be a minimum 9 feet wide by 22 feet long . No portion of the provided
Page 9 of 17 RES NO. 24-06
guest parking shall occupy or impede the adjacent right-of-way.
4. The garage shall be used and maintained such that two vehicles can be
parked at all times.
5. Prior to building permit issuance, the applicant shall demonstrate that the
California Coastal Commission has approved the project under the Coastal
Development Permit process.
6. The project shall comply with all requirements of the City of Hermosa Beach
Building Division, Public Works Department, Los Angeles County Fire
Department, and the HBMC, unless otherwise described under this
Resolution.
7. The applicant shall comply with all applicable Mitigations Measures of the
General Plan Program EIR (SCH No. 201581009) as adopted by the City
Council including:
a. Construction projects within the city shall demonstrate compliance
with all applicable standards of the Southern California Air Quality
Management District, including the following provisions of District
Rule 403:
i. All unpaved demolition and construction areas shall be
wetted at least twice daily during excavation and
construction, and temporary dust covers shall be used to
reduce dust emissions and meet SCAQMD Rule 403. Wetting
could reduce fugitive dust by as much as 50 percent.
ii. The construction area shall be kept sufficiently dampened to
control dust caused by grading and hauling, and at all times
provide reasonable control of dust caused by wind.
iii. All clearing, earth moving, or excavation activities shall be
discontinued during periods of high winds (i.e., greater than
15 mph), so as to prevent excessive amounts of dust.
iv. All dirt/soil loads shall be secured by trimming, watering, or
other appropriate means to prevent spillage and dust.
v. All dirt/soil materials transported off-site shall be required to
cover their loads as required by California Vehicle Code
Section 23114 to prevent excessive amount of dust.
vi. General contractors shall maintain and operate construction
equipment so as to minimize exhaust emissions.
Page 10 of 17 RES NO. 24-06
vii. Trucks having no current hauling activity shall not idle but
shall be turned off (MM 4.2-2A).
b. In accordance with Section 2485 in Title 13 of the California Code of
Regulations, the idling of all diesel-fueled commercial vehicles
(weighing over 10,000 pounds) during construction shall be limited to
5 minutes at any location (MM4.2-2b).
c. Construction projects within the city shall comply with South Coast Air
Quality Management District Rule 1113 limiting the volatile organic
compound content of architectural coatings (MM 4.2-2c).
d. For any project where earthmoving or ground disturbance activities
are proposed at depths between 15 and 35 feet that encounter older
Quaternary terrace deposits, a qualified paleontologist shall be
present during excavation or earthmoving activities.
e. If paleontological resources are discovered during earthmoving
activities, the construction crew shall immediately cease work in the
vicinity of the find and notify the City. The project applicant(s) shall
retain a qualified paleontologist to evaluate the resource and
prepare a recovery plan in accordance with Society of Vertebrate
Paleontology guidelines (1996). The recovery plan may include, but
is not limited to, a field survey, construction monitoring, sampling and
data recovery procedures, museum storage coordination for any
specimen recovered, and a report of findings. Recommendations in
the recovery plan that are determined by the lead agency to be
necessary and feasible shall be implemented before construction
activities can resume at the site where the paleontological resources
were discovered (MM 4.4-3).
f. For development located at a distance within which acceptable
vibration standards pursuant to the Table 4.11-10 of the General Plan
Program EIR, included below, the applicant shall submit a report
prepared by a qualified structural engineer demonstrating the
following:
i. Vibration level limits based on building conditions, soil
conditions, and planned demolition and construction
methods to ensure vibration levels would not exceed
acceptable levels where damage to structures using
vibration levels in Draft EIR Table 4.11-4 as standards.
Page 11 of 17 RES NO. 24-06
ii. Specific measures to be taken during construction to ensure
the specified vibration level limits are not exceeded.
iii. A monitoring plan to be implemented during demolition and
construction that includes post‐ construction and post‐
demolition surveys of existing structures that would be
impacted. Examples of measures that may be specified for
implementation during demolition or construction include but
are not limited to:
1. Prohibition of certain types of impact equipment.
2. Requirement for lighter tracked or wheeled equipment.
3. Specifying demolition by non‐impact methods, such as
sawing concrete.
4. Phasing operations to avoid simultaneous vibration
sources.
5. Installation of vibration measuring devices to guide
decision-making for subsequent activities (MM 4.11-2).
General Plan Program EIR TABLE 4.22-10
Typical Vibration Source Levels for Construction Equipment
Equipment
Vibration Velocity
Level at 25 Feet,
in/sec
Distance from
Equipment Within
Which Standard is
Exceeded
Pile driver (impact) 0.158 158 feet
Pile driver (sonic) 0.045 68 feet
Clam shovel drop
(slurry wall) 0.050 74 feet
Hydro mill (slurry wall) 0.002-0.006 9-17 feet
Vibratory roller 0.050 74 feet
Hoe ram 0.022 43 feet
Large bulldozer 0.022 43 feet
Caisson drilling 0.022 43 feet
Loaded trucks 0.020 40 feet
Jackhammer 0.009 24 feet
Small bulldozer 0.001 5 feet
Building Plans:
8. Two copies of a Final Landscape 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
Page 12 of 17 RES NO. 24-06
Development Department for review and approval prior to the issuance of
Building Permits. The Final Plan shall also include the following:
a. The applicant shall provide a landscape plan to comply with Sections
17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the
Community Development Director and Public Works Director.
b. An automatic landscape sprinkler system consistent with Section
17.22.060(H) shall be provided and shall be shown on plans (Building
Permits are required).
9. The plans shall comply with Section 8.44.095 and install permeable
surfaces in the driveway, guest parking space and other non-landscaped
areas to the maximum extent feasible. If providing water-permeable
surfaces on at least 50% of exterior surface area is not feasible and
incorporating measures in 8.44.095 to the extent practicable to infiltrate
the volume of runoff produced by an 0.80-inch twenty-four (24) hour rain
event, then the applicant shall infiltrate runoff on-site. In the event that
subsurface infiltration is required, plans shall designate the exact 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 on-site, subsurface infiltration is achieved. The amount of the bond
shall be determined by the Building Division. All other drainage shall be
routed to an off-site facility or on-site permeable area approved by the
City. To the extent possible, a portion of roof drainage shall be routed to
on-site permeable areas. No drainage shall flow over any driveway or
sidewalk.
10. All proposed exterior lighting shall be downcast.
11. The plans and construction shall comply with all requirements of the
Building Code in Title 15 and Green Building Standards in Chapter 15.48.
Water conservation practices set forth in Section 8.56.070 shall be complied
with and noted on construction plans.
12. Final construction plans, including site, elevation, and floor plans, 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.
Page 13 of 17 RES NO. 24-06
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 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.
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 County landfill; at least 65% of demolition debris
associated with demolition of the existing improvements and new
construction shall be recycled.
Public Works:
14. Civil engineering plans shall be prepared by a licensed civil engineer and
conceptually approved by the Hermosa Beach Public Works Department
prior to submitting an application for Building Permits to the Community
Development Department. Complete civil engineering plans shall address
grading, undergrounding of all utilities, pavement, sidewalk, curb and
gutter improvements, on-site and off-site drainage (no sheet flow
permitted), installation of utility laterals, and all other improvements
necessary to comply with the Hermosa Beach Municipal Code and Public
Works specifications, and shall be filed with the Community Development
Department.
15. Civil engineering plans shall include adjacent properties/structures, sewer
laterals, and storm drain main lines on street.
16. Project construction shall protect private and public property in
compliance with HBMC Sections 15.04.070 and 15.04.140. No work in the
public right of way shall commence unless and until all necessary permits
are attained from the Public Works Department including if required, an
approved Residential or Commercial Encroachment Permit.
17. Low Impact Development shall not be permitted in the encroachment
area.
18. Trees located in the encroachment area or parkway shall comply with
Chapter 12.36.
19. Sewer lateral video upstream and downstream manhole along with
manhole rim/lid elevations must be submitted prior to grading and plan
check. Sewer lateral video must be submitted with plan check submittal, if
the developer plans to use the existing sewer lateral. Sewer lateral work
Page 14 of 17 RES NO. 24-06
may be required after review of the sewer lateral video.
20. Sewer lateral video must be submitted with plan check submittal if the
developer plans to use the existing sewer lateral. Sewer lateral work may
be required after review of the sewer lateral video.
21. Sewer main work may be required after review of sewer lateral video.
22. The project must comply with Storm Water and Urban Runoff Pollution
Control Regulations (HBMC Chapter 8.44) and must implement Low Impact
Development Standards, and submit at time of grading and plan check
along with an erosion control plan.
Construction:
23. 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 procedures for notification shall be provided by the Building and
Safey Division of the Community Development Department.
b. Building permits will not be issued until the applicant provides an
affidavit certifying mailing of the notice.
24. Project construction shall conform to the Noise Control Ordinance
requirements in HBMC Section 8.24.050. Allowed hours of construction shall
be printed on the building plans and posted at construction site.
25. Traffic control measures, including flagmen, shall be utilized to preserve
public health, safety, and welfare.
26. A construction sign shall be posted conspicuously during the course of
construction at the project site.
Other:
27. Approval of this permit 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 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 would be provided.
28. The Planning Commission may review this Parking Plan and Variance, and
may amend the subject conditions or impose any new conditions if
Page 15 of 17 RES NO. 24-06
deemed necessary to mitigate detrimental effects on the neighborhood
resulting from the subject use.
29. The subject property shall be developed, maintained, and operated in full
compliance with the conditions of this permit 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.
30. 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 permit. 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.
PASSED, APPROVED and ADOPTED on this Tuesday the 21st of May, 2024.
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Page 16 of 17 RES NO. 24-06
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 24-06 is a true and complete record
of the action taken by the Planning Commission of the City of Hermosa Beach,
California, at its regular meeting of May 21, 2024.
____________________ ___________________
Peter Hoffman, Chair Carrie Tai, Secretary
____________________
Date
Peter Hoffman (Jun 5, 2024 11:13 CDT)
06/05/24
Page 17 of 17 RES NO. 24-06
Exhibit A – Required Parking Configuration
Guest
Parking
PC Resolution 24-06_435 8th Street_Pending
Signature
Final Audit Report 2024-06-05
Created:2024-06-03
By:Johnathon Masi (jmasi@hermosabeach.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAH37LDdsKcGdxb_VVkm7J79ohLrlQ9dw4
"PC Resolution 24-06_435 8th Street_Pending Signature" Histor
y
Document created by Johnathon Masi (jmasi@hermosabeach.gov)
2024-06-03 - 6:11:47 PM GMT
Document emailed to phoffman@hermosabeach.gov for signature
2024-06-03 - 6:11:51 PM GMT
Email viewed by phoffman@hermosabeach.gov
2024-06-05 - 4:12:04 PM GMT
Signer phoffman@hermosabeach.gov entered name at signing as Peter Hoffman
2024-06-05 - 4:13:54 PM GMT
Document e-signed by Peter Hoffman (phoffman@hermosabeach.gov)
Signature Date: 2024-06-05 - 4:13:56 PM GMT - Time Source: server
Document emailed to Carrie Tai (ctai@hermosabeach.gov) for signature
2024-06-05 - 4:13:58 PM GMT
Email viewed by Carrie Tai (ctai@hermosabeach.gov)
2024-06-05 - 5:07:57 PM GMT
Document e-signed by Carrie Tai (ctai@hermosabeach.gov)
Signature Date: 2024-06-05 - 5:08:12 PM GMT - Time Source: server
Agreement completed.
2024-06-05 - 5:08:12 PM GMT