HomeMy WebLinkAboutPC Resolution 97-181
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P.C. RESOLUTION 97-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING, A CONDITIONAL USE PERMIT FOR AN R-1
PLANNED DEVELOPMENT, A 5-LOT SUBDMSION, AND VESTING TENTATIVE
TRACT MAP #52267 FOR THE DEVELOP1\1ENT OF FOUR SINGLE FAMILY
DWELLINGS AND A PRIVATE STREET AND ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AT 532-540 20TH STREET AND LEGALLY DESCRIBED
AS LOTS-36, 37, 38, & 39, TRACT #15546 AND VACATED PORTIONS OF 20TH
STREET AND POWER STREET.
WHEREAS, the Planning Commission held a public hearing on March 4, 1997, to consider
a proposed R-1 Planned Development and 5-lot subdivision and to receive oral and written
testimony and made the following findings:
A.
B.
C.
D.
E.
F.
G.
The map is consistent with applicable general and specific plans;
The site is zoned R-1 and is physically suitable for the type and density of proposed
development;
The subdivision or type of improvements are not likely to cause serious public health problems;
The subdivision or type of improvements will not conflict with easements, acquired by the
public at large, for access through or use of property within the proposed subdivision;
Design of the proposed subdivision is compatible and consistent with applicable elements of
the City's General Plan, and is compatible with the immediate environment;
The project will conform to all zoning and subdivision laws and will be compatible with
neighboring residential properties;
The approval of the project as and R-1 Planned Development falls within the definition of a
'planned unit development"pursuant to Section 16.08.050 of the Subdivision Ordinance,
thereby allowing the four lots proposed for single-family dwellings to not front on a public
street, and instead allowing the creation of one separate lot to be owned privately by the owners
of said four single-family lots for common vehicular and pedestrian access to said 4 lots .
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H. The Planning Commission concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study, that this project,
with the mitigating conditions included in this resolution to address potential impacts
associated with stormwater runoff, will result in a less than significant impact on the
environment, and therefore qualifies for a Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach, California does hereby approve a Conditional Use Permit for an R-1
Planned Development, a 5-lot Subdivision, and Vesting Tentative Tract Map #15546,
subject to the following conditions of approval:
10 1. The development and continued use of the property shall be in conformance with the plan
submitted for review by the Planning Commission at the March 4, 1997 meeting in
accordance with conditions below. Any minor modification shall be reviewed and may be
approved by the Community Development Director.
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2.
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4.
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6 .
(A) The private street transition into 20th Street shall be reconfigured to provide a
wider flare at the entrance, and any other adjustment necessary to maximize safety
and visibility at the intersection to the satisfaction of the Community Development'
Director and City's Traffic Engineer.
The final map shall be recorded prior to issuance of any building permits for construction
of a residential unit on the proposed new lots.
The project shall include on-site detention of storm.water to ensure current discharge rates
into the storm drain system from the site in its undeveloped state based on a maximum one
year frequency storm, are not exceeded for up to a 50-year frequency storm .
Driveways and the private common street shall include permeable pavement surfaces to the
maximum extent possible
Covenants, Conditions, and Restrictions for the common ownership and maintenance oflot
#5 containing the private street by the ownern of the other four lots, including provisions
for maintenance of landscaping, drainage infrastructure, and storm.water detention area,
and including provisions for an annual inspection of pumping devices certifying to the City
that it is in satisfactory working order, shall be submitted to the Community Development
Department for review and approval prior to approval of the final map.
(A) The CC & R's shall contain provisions that the common owners of the private
street and drainage infrastructure shall indemnify and hold harmless the City from
any liability associated with the use and operation of the various improvements and •
facilities within lot #5 .
There shall be compliance with all requirements of the Public Works Department . All
required improvements in the public right-of-way shall be completed prior to the approval
of the final map, or , alternatively, the applicant may provide surety in amount determined
by the Director of Public Works Department to cover the cost of the improvement, to
guarantee the completion of said improvement, in a form satisfactory to the City Attorney.
7 . There shall be compliance with all requirements of the Fire Department
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Pursuant to Section 16.08 .0S 0(C) of the Subdivision Ordinance, the title page of the final
recorded tract map shall contain the following statement:
'No lot in this Tract Map upon which residential dwellings are to be built, constructed,
developed or otherwise occupied, shall be contracted to sell, sold, granted , deeded,
conveyed , title transferred or otherwise separated in ownership , including subsequent heirs
and owners in interest, or encumbered separately from an individual interest in the lot
appurtenant thereto so designated on this Tract Map for common vehicular and pedestrian
access, landscaping, and stormwater detention, and a,.ny other areas appurtenant thereto .
Two copies of a detailed landscaping plan consistent with the concept landscaping plan
submitted to the Planning Commission, indicating size, type, and quantity of plant materials
(including trunk diameter at planting time) to be planted and/or showing existing landscaping to
be maintained shall be submitted to the Community Development Department, Planning
Division for review and approval prior to the issuance of Building Permits.
a) An automatic landscape sprinkler system shall be provided, and shall be shown on plans
(building permits are required).
b) A minimum of forty-five ( 45) mature trees shall be planted, pursuant to the concept
landscape plan, with 14 provided along with a hedge along the easterly property line,
and all existing mature trees shall be saved or replaced with comparably sized trees.
Architectural treatment shall be as shown on building elevations and site and floor plans·
subject to review and approval by the Community Development Director.
a) Precise building height shall be reviewed at the time of plan check, to the satisfaction
of the Community Development Director.
Any satellite dish antennas and/or similar equipment shall comply with the requirements of
Section 17.46.240 of the Zoning Ordinance.
Two copies of final construction plans, including site development plans for the entire
Planned Development, elevation and floor plans for each dwelling unit and other details as
required, 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 prior to the issuance of building permits . Final
design and specifications of the private street, all on-site drainage improvements and
appurtenances, and the design and capacity of the detention pipes, and all other
improvement in common lot 5, shall be included in construction plans for the project, and
reviewed and approved by the Public Works Department prior to the issuance of any
building permits for the residential units.
An acceptance of conditions form shall be executed by the current property owner and
submitted to the Planning Division prior to the issuance of building permits .
The Conditional Use Permit and approval of the Vesting Tentative Parcel Map shall
become null and void twenty-four months from the date of approval unless the map is
finaled and the project implemented. The applicant may apply in writing for an extension
of time t o the Planning Commission prior to the dates of expiration.
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29 SECTION III ;
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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 Conditional Use Permit for a Planned Development and Subdivision shall be recorded along
with the final map, and proof of recordation shall be submitted to the Community Development
Department.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court oflaw, all the other conditions shall remain valid an enforceable.
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 Government Code Section 65907. 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.
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
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
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 97-18 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
mr2fMMN9n
Peter Tucker, C
Date
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