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HomeMy WebLinkAbout2017-11-21 PC AGENDAPlanning Commission City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers7:00 PMTuesday, November 21, 2017 1 November 21, 2017Planning Commission Regular Meeting Agenda - Final Note: No Smoking Is Allowed in The City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City's web site at www.hermosabch.org. Wireless access is available in the City Council Chambers for mobile devices: Network ID: CHB-Guest, Password: chbguest Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City's website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Oral / Written Communications Section I CONSENT CALENDAR 5.REPORT 17-0653 Approval of the October 17, 2017 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the October 17, 2017 regular meeting. 6. Resolution(s) for Consideration - None Page 2 City of Hermosa Beach Printed on 3/21/2024 2 November 21, 2017Planning Commission Regular Meeting Agenda - Final *************************************************************************************************************** THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. *************************************************************************************************************** 17-0657 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP Section II PUBLIC HEARING 7.REPORT 17-0678 CON 17-10, PDP 17-10, VTPM #74545 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, and determine the project is categorically exempt from the California Environmental Quality Act (continued from the August 15, September 19 and October 17, 2017 meetings). Recommendation:To adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). 8.REPORT 17-0679 ZON 17-1-- Zone Change from General Commercial (C-3) to One Family Residential (R-1) to be consistent with the PLAN Hermosa Land Use Designation of Low Density Residential (LD) at the vacant lot between 820 9th Street and 830 9th Street (temporarily addressed as 822 9th Street), and determine the rezone will be consistent with the General Plan designation for the property which was within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR). Recommendation:Adopt the attached resolution recommending the City Council approve a zone change from C-3 to R-1. Page 3 City of Hermosa Beach Printed on 3/21/2024 3 November 21, 2017Planning Commission Regular Meeting Agenda - Final 9.REPORT 17-0684 Building File B-5 -- Text Amendment to the Hermosa Beach Municipal Code Section 15.04.050 Expiration of Permits (Referral from the City Council) Recommendation:To recommend that City Council amend the code as attached. The approach is to provide for two exceptions to the two year expiration. 1. The Planning Commission may establish longer time frames for construction and expiration of permits on large or complex discretionary projects. 2. The Building Official may grant 6-month permit extensions upon written request showing that circumstances beyond the control of the permittee have prevented completion of the project. Section III HEARING 10.REPORT 17-0676 SIGN REVIEW - S4 #33 Determination of whether the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution and determine that the proposed sign displays covering 241 � square feet of surface area on west side of a building are consistent with the Municipal Code definition of 'Mural' for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Section IV 11. Staff Items a.REPORT 17-0655 Verbal Report on City Council Actions b.REPORT 17-0656 Verbal Status Report on Major Planning Projects c.REPORT 17-0686 December 11, 2017 Planning Commission Tentative Future Agenda Items d.REPORT 17-0652 Community Development Department Activity Report of September, 2017 Recommendation:To receive and file the September, 2017 Community Development Department activity report. 12. Commissioner Items 13. Adjournment Page 4 City of Hermosa Beach Printed on 3/21/2024 4 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0653 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 Approval of the October 17, 2017 Planning Commission Action Minutes Recommended Action: To approve the Planning Commission action minutes of the October 17, 2017 regular meeting. Attachment: 1.October 17, 2017 Planning Commission action minutes Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 12/23/2022Page 1 of 1 powered by Legistar™5 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Draft Planning Commission Chair Rob Saemann Vice Chair Marie Rice Commissioners David Pedersen Peter Hoffman Michael Flaherty 7:00 PM Council ChambersTuesday, October 17, 2017 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Commissioner Michael Flaherty, Commissioner Peter Hoffman, Commissioner David Pedersen, Commissioner Marie Rice, and Chairperson Rob Saemann Present 5 - Absent 0 Also Present: Ken Robertson, Community Development Director Lauren Langer, Assistant City Attorney Kim Chafin, Planning Manager Nicole Ellis, Associate Planner Kathy Khang, Assistant Planner 4. Oral / Written Communications Section I CONSENT CALENDAR 5.REPORT 17-0611 Approval of The September 19, 2017 Planning Commission Action Minutes Recommendation:To approve the Planning Commission action minutes of the September 19, 2017 regular meeting. September 19, 2017 Planning Commission action minutesAttachments: ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Pedersen to approve the September 19, 2017 Planning Commission action minutes as presented. The motion carried by a unanimous vote. Page 1City of Hermosa Beach 6 October 17, 2017Planning Commission Action Minutes - Draft 6. Resolution(s) for Consideration - None *************************************************************************************************************** THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. *************************************************************************************************************** 17-0612 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP 1. Public Notices 2. Projects Zoning Map Attachments: Section II PUBLIC HEARING 7.REPORT 17-0598 CON 17-10, PDP 17-10, VTPM #74545 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). (Continued from the August 15th and September 19th, 2017 Meetings) Recommendation:Continue the item to the November 21, 2017 Planning Commission meeting and direct staff to re-notice the item and necessitating the applicant pay additional noticing fees. Applicant Letter of Request to Continue Link to Planning Commission Agenda August 15, 2017 - Public Hearing Item 8 Link to Planning Commission Video August 15, 2017 Attachments: Coming forward to speak: None. ACTION: Motion by Commissioner Rice and seconded by Commissioner Pedersen to continue the item to the November 21, 2017 Planning Commission meeting and direct staff to re-notice the item and necessitating the applicant pay additional noticing fees. The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 8.REPORT 17-0624 CON 17-5, PDP 17-5, VTPM #74936 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74936 for a Page 2City of Hermosa Beach 7 October 17, 2017Planning Commission Action Minutes - Draft two-unit detached condominium project at 1610 Loma Drive, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Recommendation:Adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #74936 for a two-unit detached condominium project, subject to conditions, and determine the project is Categorically Exempt from the California Environmental Quality Act (CEQA). 1. Draft Resolution 2. Site Photograph 3. Poster Verification 4. Radius Map 5. Applicant Submittal Attachments: Coming forward to speak: Gary Lane. ACTION: Motion by Commissioner Hoffman and seconded by Commissioner Rice to adopt the resolution approving subjec two-unit condonminium project as amended to add Public Works Condition 13.a. to state "The base of the driveway approach shall not exceed sixteen (16) feet with three (3) foot wings on each side and the six (6) inch raised curb shall be constructed per Standard Plan for Public Works Construction STD #120-20 between property line frontage." The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 9.REPORT 17-0627 CUP 17-2 - Conditional Use Permit amendment for alterations to a restaurant with on-sale general alcohol and live entertainment to expand approximately 44 square feet in floor area and modify the floor plan and west building facade to establish an “open air dining” space at 1332 Hermosa Avenue (with no change to current approved operating hours), “Decadence” (previously “Establishment”), and determination that the project is categorically exempt from the California Environmental Quality Act. Recommendation:Adopt the attached draft Resolution amending the Conditional Use Permit (CUP) for the subject restaurant. Page 3City of Hermosa Beach 8 October 17, 2017Planning Commission Action Minutes - Draft Proposed Resolution City Council Resolution 15-7000 (Current CUP) Approved Floor Plan- 2011 Summary of Proposed Modfications to Conditions of Approval Municipal Code- CUP Criteria, Conditions and Standards Legal Poster and Radius Map.pdf Applicant Submittal.pdf Supplemental Information (edited 10/17/17 at 4:40 pm) Attachments: Coming forward to speak: Skylar Tourigny, Josh Cool, Johnna Janis, Wendy Walker, Duke Noor, Ray Craparo, Pauline Saltzmann, Carrie Rogers, Sloan Hall-Waselen, Kate Meyers, Anthony Joaquin and Kevin Cleary. ACTION: Motion by Commissioner Rice and seconded by Chairman Saemann to adopt the resolution approving subject Conditional Use Permit amendment with amended Condtition 14 to replace "Community Development Director" with "Planning Commission". The motion carried by the following vote: Aye:Commissioner Flaherty, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 4 - No:Commissioner Hoffman1 - Absent:0 10.REPORT 17-0626 TA 17-4 - Text Amendment to Municipal Code to ban commercial cannabis activities in the City, and determine the amendment is not subject to the California Environmental Quality Act Recommendation:Adopt the attached resolution recommending the City Council adopt a text amendment to the Hermosa Beach Municipal Code to ban commercial cannabis activities in the City (retail sales, manufacturing, cultivation and delivery), and determine the amendment is not subject to the California Environmental Quality Act. Proposed Resolution with draft ordinance included as Attachment A 600 foot radius-01 Link to City Council 9-12-17 agenda materials Attachments: Coming forward to speak: None. ACTION: Motion by Commissioner Flaherty and seconded by Commissioner Pedersen to adopt the resolution recommending the City Council adopt a text amendment to the Hermosa Beach Municipal Code to ban commercial cannabis activities in the City (retail sales, manufacturing, cultivation and delivery) as amended to add to the end of 17.42.110 the sentence "Nothing in this section is intended to prohibit a primary caregiver from providing medical cannabis to a qualified patient as those terms are defined by State law." The motion carried by the following vote: Page 4City of Hermosa Beach 9 October 17, 2017Planning Commission Action Minutes - Draft Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 Section III 11. Staff Items a.REPORT 17-0623 Planning Commission December Meeting Date Change from December 7, 2017 to December 11, 2017 17-0613b.Verbal Report on City Council Actions 17-0614c.Verbal Status Report on Major Planning Projects d.REPORT 17-0625 November 21, 2017 Planning Commission Tentative Future Agenda Items Recommendation:To receive and file the November 21, 2017 Planning Commission tentative future agenda items. Planning Commission Tentative Agenda November 21, 2017Attachments: The Planning Commission consensus was to receive and file the November 21, 2017 Planning Commission tentative future agenda items. Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 e.REPORT 17-0615 Community Development Department Activity Report of August, 2017 Recommendation:To receive and file the August, 2017 Community Development Department activity report. Community Development Department activity report of August, 2017Attachments: The Planning Commission consensus was to receive and file the August, 2017 Community Development Department activity report. Aye:Commissioner Flaherty, Commissioner Hoffman, Commissioner Pedersen, Commissioner Rice, and Chairperson Saemann 5 - Absent:0 12. Commissioner Items a.REPORT 17-0628 Discussion of Various On-sale Alcohol Related Zoning Provisions: By-Right Beer and Wine Restaurants; Definition of Restaurant; Criteria for CUP Review Page 5City of Hermosa Beach 10 October 17, 2017Planning Commission Action Minutes - Draft Recommendation:Discuss and provide initial direction to staff on various on-sale alcohol related zoning provisions: by-right beer and wine restaurants; definition of restaurant; criteria for CUP review. HBMC Section 17.26.060 HBMC Section 17.04 HBMC Section 17.40.080 Attachments: The Planning Commission discussed the matter and determined no further action is needed. 13. Adjournment Page 6City of Hermosa Beach 11 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 17-0657 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECTS ZONING MAP Attachment: 1.Public Notices 2.Projects Zoning Map City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™12 Easy Reader Run Date: November 9, 2017 DISPLAY Acct: 7010-2110 City of Hermosa Beach PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, November 21, 2017, to consider the following: 1. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a two- unit condominium project at 617 Longfellow Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (continued from the August 15, September 19 and October 17, 2017 meetings). 2. Zone Change from General Commercial (C-3) to One Family Residential (R-1) to be consistent with the PLAN Hermosa Land Use Designation of Low Density Residential (LD) at the vacant lot between 820 9th Street and 830 9th Street (temporarily addressed as 822 9th Street). In accordance with Public Resources Code Section 21083.3 and the California Environmental Quality Act (CEQA) Guideline 15168 (c)(2), this rezone will be consistent with the General Plan designation for the property is within the scope of the project considered in the PLAN Hermosa Environmental Impact Report, which was certified by the City Council on August 22, 2017. 3. Referral from the City Council to the Planning Commission for discussion, analysis and a recommendation of proposed Text Amendment to the Hermosa Beach Municipal Code Section 15.04.050 regarding expiration of building permits. SAID PUBLIC HEARINGS shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard, in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at these hearings at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, November 16, 2017, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, November 16, 2017, at the Hermosa Beach Police Department, Public Library, and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website. Elaine Doerfling City Clerk f:95\CD\Notice (Legal Ad)\2017\Planning Commission\pc11-21-17 revised.docx 13 14 PALM DRVALLEY DRTHE STRANDARDMORE AVEMANHATTAN AVEBAYVIEW DRPACIFIC COAST HWYPROSPECT AVE8TH PL 25TH ST PIER AVE 10TH STMONTEREY BLVDBEACH DR14TH STHERMOSA AVE30TH ST HARPER AVE 31ST ST GO U L D A V E OCEAN DR16TH ST 29TH ST 31ST PL 28TH ST 32ND PL 30TH PL 17TH ST 29TH CT 33RD PL ALLEY 28TH CT LOMA DRSUNSET DRAVIATION BLVD 33RD ST 8TH ST 24TH PL 27TH ST BOUNDARY P L 9TH STOZONE CT 24TH ST LONGFELL O W A V E ARTESIA BL V D 21ST ST 13TH ST 26TH ST 15TH ST 19TH ST OWOSSO AVERHODES ST11TH ST 20TH ST OAK ST 20TH PL INGLES IDE DRBARD STPARK AVE27TH CT MYRTLE AVE 22ND ST HILLCREST DRAVA AVEPOWER STGO U L D T E R 17TH CT 18TH CT 16TH CT 18TH ST 15TH PL 19TH CT 11TH PL 14TH CT PORTER LN CYPRESS AVE13TH CT VALLEY PARK AVE9TH CT CIRCL E D R 11TH CT 15TH CT 12TH CT 20TH CT 8TH CT 10TH CT G O L D E N A V ESILVER ST 21ST CT SPRINGFIELD AVECAMPANA ST23RD ST AMBY PLBORDEN AVEM O R N I N G S I D E D R MARLITA PL REYNOLDS LN16TH ST 11TH ST 11TH ST 24TH ST 10TH ST 25TH ST 18TH ST 30TH ST 19TH ST AL LEY 19TH ST 24TH ST 21ST ST 10TH ST 13TH ST 9TH ST 24TH PL24TH ST 15TH ST 17TH ST 20TH ST 18TH ST LOMA DR14TH ST BEACH DR26TH ST OAK ST LOMA DR8TH ST 9TH ST LONGFELLOW AVE 11TH ST 20TH ST 11TH PL ZONING DESIGNATIONS R-1 ONE FA MILY RESIDENTIAL R-1A LIMITED ONE-FA MILY RESIDENTIAL R-2 TWO-FAMILY RES IDENTIAL R-2B LIMITED MULTIPLE FAMILY RESIDENTIAL R-3 MULTIPLE FAMILY RESIDENTIAL R-P RESIDENTIAL-PROFESSIONAL RPD RESIDENTIAL PLANNED DEVELOPMENT R-3PD MULTIPLE FAMILY PLANNED DEVELOPMENT C-1 NEIGHBORHOOD COMMERCIAL C-2 RESTRICTED COMMERCIAL C-3 GE NERAL COMMERCIAL M-1 LIGHT MANUFACTURING OS OPEN SPACE OS -1 RESTRICTED OPEN SPACE OS -2 RESTRICTED OPEN SPACE OS -O OPEN SPACE OVERLAY MHP MOBILE HOME PARK SPA SPECIFIC PLAN AREA (RESIDENTIAL USES) SPA SPECIFIC PLAN AREA (COMMERCIAL USES) Pro jects Zo n in g Ma pPla n n in g Co mmissio n Meetin g No vember 21, 2017 617 Lo n gfello w Aven ue2 –Un it Co n do min iumZo n e: R-2B 1314 PCHMura l ReviewZo n e: C-2 822 9th StZo n e Cha n geZo n e: C-2 15 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0678 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 CON 17-10, PDP 17-10, VTPM #74545 - Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, and determine the project is categorically exempt from the California Environmental Quality Act (continued from the August 15, September 19 and October 17, 2017 meetings). Applicant/617 Longfellow LP, C/O Jeffrey E. Bowers, Partner Owner:1300 Highland Avenue, Suite 202 Manhattan Beach, CA 90266 Recommended Action: To adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Background: GENERAL PLAN:Medium Density Residential ZONING:Limited Multiple Family Residential (R-2B) LOT SIZE:5,001 square feet PROPOSED SQUARE FOOTAGE:Unit 1: 3,328 square feet Unit 2: 3,166 square feet PARKING REQUIRED:4 Standard/1 guest PARKING PROVIDED: 4 Standard/1 Guest ON STREET PARKING LOST/GAINED: No on street parking lost or gained on Longfellow Avenue or Boundary Place ENVIRONMENTAL DETERMINATION: Categorically Exempt, CEQA Section 15303(b) (Class 3 Exemption, New Construction or Conversion of Small Structures) At its meeting of August 15, 2017 the Planning Commission with a 3:1 vote continued the item to the September 19, 2017 Planning Commission meeting and directed the applicant and architect to work with staff on a compatible site layout where on-street parking is preserved and all vehicle access is provided from the alley (Boundary Place). City of Hermosa Beach Printed on 5/3/2022Page 1 of 5 powered by Legistar™16 Staff Report REPORT 17-0678 The item was continued from the September 19th meeting to the October 17th meeting and again to the November 21st meeting while the applicant and architect continued to work with the Planning Staff on a redesign of the project. The applicant proposes to demolish two residential units with a detached two-car garage and construct two detached condominium units on an approximately 5,000 square foot lot, located between Longfellow Avenue and Boundary Place. Analysis: A proposal to construct a condominium project requires findings for consideration of a Precise Development Plan, Conditional Use Permit and Vesting Tentative Parcel Map pursuant to Government Code Section 66474 and as set forth in Hermosa Beach Municipal Code (HBMC) Sections 16.08.060, 17.40.020 and 17.58.030. CEQA Compliance: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of limited numbers (two) of new small structures. More specifically, the project is comprised of multi-family residential structures in an urbanized area, totaling not more than six dwelling units. Basic Zoning Standards: The project complies with the requirements of the Zoning Ordinance, including the R-2B zone and design standards for condominiums in Section 17.22. CRITERIA REQUIRED PROVIDED Minimum Lot Area for 2 Units 3,500 Sq. Ft. (max 2 units)5,001 Sq. Ft. (max 2 units) Lot Coverage Maximum 65%58% Height Maximum 30’30’ Front Yard Setback Minimum 10’ Prevailing 10’ Prevailing Side Yard Setback Minimum 5’5’ Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and 3rd levels) 3’ and 1’ Total Parking Spaces Minimum 5 spaces total 5 spaces total Garage Spaces Minimum 4 (2 per unit)4 (2 per unit) Guest Space Minimum 1 space per 2 units 1 shared guest space Driveway Maximum Slope 20%20% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 308 Sq. Ft. Unit 2: 336 Sq. Ft. Minimum Unit Size Unit 1: 1,600 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 3.328 Sq. Ft. Unit 2: 3,166 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 216 Cu. Ft. Unit 2: 256 Cu. Ft. Solid Waste Area (Per Unit)Area for 3 bins at 2.5’ by 2.5’ each Minimum 2.5’ by 2.5’ area in east side yard and within vehicle courtyard City of Hermosa Beach Printed on 5/3/2022Page 2 of 5 powered by Legistar™17 Staff Report REPORT 17-0678 CRITERIA REQUIRED PROVIDEDMinimum Lot Area for 2 Units 3,500 Sq. Ft. (max 2 units)5,001 Sq. Ft. (max 2 units)Lot Coverage Maximum 65%58%Height Maximum 30’30’Front Yard Setback Minimum 10’ Prevailing 10’ PrevailingSide Yard Setback Minimum 5’5’Rear Yard Setback Minimum 3’ (1st level) and 1’ (2nd and3rd levels)3’ and 1’Total Parking SpacesMinimum 5 spaces total 5 spaces totalGarage Spaces Minimum 4 (2 per unit)4 (2 per unit)Guest Space Minimum 1 space per 2 units 1 shared guest space Driveway Maximum Slope 20%20% Open Space Per Unit Minimum 300 Sq. Ft. per unit Unit 1: 308 Sq. Ft. Unit 2: 336 Sq. Ft. Minimum Unit Size Unit 1: 1,600 Sq. Ft. Unit 2: 1,600 Sq. Ft. Unit 1: 3.328 Sq. Ft. Unit 2: 3,166 Sq. Ft. Storage Area (Per Unit) Minimum 200 Cu. Ft.Unit 1: 216 Cu. Ft. Unit 2: 256 Cu. Ft. Solid Waste Area (Per Unit)Area for 3 bins at 2.5’ by 2.5’ each Minimum 2.5’ by 2.5’ area in east side yard and within vehicle courtyard Covenants, Conditions and Restrictions (CC&R’s) have been submitted and have been reviewed for compliance with applicable sections of the zoning ordinance. The redesigned plans propose marginally larger units than previously proposed, increasing floor area by a total of 156 square feet. There will be a slight reduction in lot coverage by 1%, and all on-street parking on Longfellow Avenue and Boundary Place will be preserved. The revised plans meet all code requirements and staff finds that the revised plans provides for more consistent neighborhood compatibility. Each unit contains a two-car garage, recreation room, bedroom and bathroom on the first floor level, unit 1 contains the kitchen, living and dining room on the second floor level while unit 2 contains 3 bedrooms and 3 bathrooms on the second floor level and unit 1 contains 3 bedrooms and 3 bathrooms on the third floor level while unit 2 contains the kitchen, living and dining room on the third floor level. Unit 1 provides 308 square feet of open space which meets the R-2B standards. Open space is located within the front yard area, which is recessed approximately 2 feet below sidewalk grade and 6 below the primary living level grade and adjacent to the primary living level, as well as on the third floor level and roof deck. Unit 2 provides 336 square feet of open space which meets the R-2B standards. Open space is located adjacent to the main living level on the third floor as well as on the roof deck. There are additional balconies and open space areas which are not included in the open space totals which do not meet the minimum dimension or maximum coverage standards but also serve and function as open space areas. Access and Parking: Each unit will provide a two-car garage. All parking is accessed from Boundary Place. Parking for Unit 1 will be provided from a new nine-foot wide driveway from Boundary Place. Parking for Unit 2 will be provided from Boundary Place. One designated guest parking space will be located between and adjacent to the Unit 1 garage and Unit 2 building wall. The applicant, architect and city staff worked in coordination with Manhattan Beach’s Traffic Engineer to ensure that parking on the north side of Boundary Place would be preserved with the redesign. Parking has been arranged as such where vehicles must enter from the east in order to have sufficient turning space when entering the nine-foot driveway. Landscape and Green Measures: All plants must be water conserving as required in Hermosa Beach Water Conservation and Drought Management Ordinances. The landscape plan includes a mixture of drought tolerant plants to include Pink Melaleuca, Canyon Prince Wild Rye, Creeping Rosemary and two 24 inch box size Box Elder trees within the front yard area. The landscape plan shows more than 50% required permeable exterior surface area on-site with 52% permeable exterior City of Hermosa Beach Printed on 5/3/2022Page 3 of 5 powered by Legistar™18 Staff Report REPORT 17-0678 surface area proposed. Therefore, the project is not conditioned to include catch basins with sump pumps to retain water on-site pursuant to HBMC Section 8.44 Hermosa Beach Stormwater and Urban Runoff Pollution Control Regulations. Additionally an automatic irrigation system is proposed for the landscape areas. The project is required to meet Title 24 standards: 65% of demolition debris must be recycled, and cement used in foundation mix design must be reduced by not less than 20%, among other requirements. Hermosa Beach’s Electrical Code (Section 15.32) requires installation of conduit sized to accommodate solar energy and solar thermal systems. Compatibility with surrounding area: The subject site and surrounding properties are zoned R-2 Two- Family Residential. Similar residential development is found in the surrounding area comprised primarily of multi-story, multi-family residences. The surrounding properties on Longfellow have a consistent prevailing minimum 10-foot front yard setback. Furthermore, various condominium projects located at 605-607, 609-611 and 613-615 Longfellow Avenue were approved with a 10-foot front yard setback. The project’s proposed front yard setback of 10 feet meets the minimum 5-foot front yard setback as required per Section 17.22.060 D, and the 10-foot proposed front yard setback is consistent with the immediate neighborhood with regard to the prevailing front yard setback. The applicant and architect worked with City staff on a compatible site layout where on-street parking is preserved and all vehicle access is provided from the alley (Boundary Place). As such, the redesigned project is consistent with the City’s General Plan. The property is located within the Hermosa View General Plan Character Area. The future vision of this area indicates, “The intent is to preserve building form, orientation or scale, and retain the unique streetscape with wide parkways and uninterrupted sidewalks.” With regard to the public realm, the General Plan notes the design in this character area stating, “Most homes along Longfellow Avenue are served by alleyways at the back of the property, providing garage access and leaving sidewalks along Longfellow Avenue interrupted by driveway aprons and curb cuts.” Furthermore, Land Use Element Goal 6, A Pedestrian-Focused Urban Form that Creates Visual Interest and a Comfortable Outdoor Environment, includes Policy 6.9, “Shared driveways. Allow and encourage new commercial and residential developments to have common driveways serving multiple units, to minimize the number of curb cuts along any given block to improve pedestrian safety.” The redesigned project is also consistent with HBMC Section 17.22.030 which establishes the purpose to promote standards for residential condominiums and like developments. The project has been redesigned to preserve the unique streetscape in which wide uninterrupted parkways are established along Longfellow Avenue which also improves pedestrian safety and preserves on-street parking on both Longfellow Avenue and Boundary Place which. Subdivision Map: The applicant has applied for a Vesting Tentative Parcel Map. The 5,001 square foot lot can accommodate two units consistent with the minimum requirement of 1,750 square feet of City of Hermosa Beach Printed on 5/3/2022Page 4 of 5 powered by Legistar™19 Staff Report REPORT 17-0678 lot area per dwelling unit. The lot size is consistent with prevailing lot sizes, street frontages within the same zone, and the General Plan designation for lots in the vicinity, and thus complies with Hermosa Beach ordinances and subdivision of lots. The project is conditioned upon payment of Park and Recreation Area Dedication fees per unit as there is inadequate area on-site for land dedication per City required Parks and Recreation Area fees. Utilities provided to the lot serve the existing development, and capacity exists to provide public water, sewers, storm drains and utilities to serve the increased density. The submitted plans were preliminarily reviewed by the Fire Department, Public Works Department and Building Division, and no major concerns were identified. The proposed subdivision and improvements are compliant with criteria for approval of a subdivision map, and are not likely to cause serious public health problems within the proposed subdivision. Summary: The project and Vesting Tentative Parcel Map as conditioned are consistent with the zoning code, subdivision laws and other relevant provisions of the Municipal Code and consistent with PLAN Hermosa, the site is physically suitable for the type and density of proposed development. The specific project findings for a Precise Development Plan, Conditional Use Permit and Vesting Tentative Parcel Map pursuant to the Government Code Section 66474 and Sections 16.08.060, 17.22, 17.40.020 and 17.58.030 of the Municipal Code are provided in the attached resolution. Therefore, staff recommends the Planning Commission adopt the attached resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 74545 for a two-unit detached condominium project at 617 Longfellow Avenue, subject to conditions, and determine the project is categorically exempt from the California Environmental Quality Act (CEQA). Attachments: 1.Draft Resolution 2.Poster Verification 3.Radius Map 4.Applicant Submittal Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 5 of 5 powered by Legistar™20 1 P.C. Resolution 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENATIVE PARCEL MAP NO. 74545 FOR A TWO-UNIT DETACHED CONDOMINIUM PROJECT AT 617 LONGFELLOW AVENUE, LEGALLY DESCRIBED AS LOTS 53 AND 54 OF SOUTHERN CALIFORNIA CONVENTION HALL AND MARINE VIEW PARK TRACT, CITY OF HERMOSA BEACH AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on June 15, 2017 by the property owner/applicant 617 Longfellow LP, C/O Jeffrey E. Bowers, Partner, for development of property located at 617 Longfellow Avenue, seeking approval of Conditional Use Permit 17-10, Precise Development Plan 17-10, and Vesting Tentative Parcel Map #74545 for a two-unit detached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on August 15, 2017, at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. At its meeting of August 15, 2017 the Planning Commission, with a 3:1 vote, continued the item to the September 19, 2017 Planning Commission meeting and directed the applicant and architect to work with staff on a compatible site layout where on-street parking is preserved and all vehicle access is provided from the alley (Boundary Place). Section 4. The item was continued from the September 19th meeting to the October 17th meeting and again to the November 21st meeting while the applicant and architect continued to work with the Planning Staff on a redesign of the project. Section 5. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(b), Class 3 Exemption, New Construction or Conversion of Small Structures, because the project is construction of limited numbers (two) of new, small structures. More specifically, the project is comprised of multi- family residential structures in an urbanized area, totaling no more than six dwelling units. Section 6. Based on the evidence received at the public hearing on November 21, 2017, the Planning Commission makes the following findings: 1. The applicant has filed applications for a Precise Development Plan, Conditional Use Permit and Vesting Tentative Parcel Map to demolish two residential units with a detached two-car garage and develop a two-unit detached residential condominium project. 21 2 2. The subject property contains approximately 5,000 square feet, is designated Medium Density Residential on the General Plan Map, and R-2B Limited Multiple Family Residential on the Zoning Map. Section 7. Based on the testimony and evidence received, the Planning Commission makes the following findings pertaining to the application for a Vesting Tentative Parcel Map pursuant to the California Government Code Section 66474 and Sections 16.08.060 and 16.16.060 of the Municipal Code: 3. The proposal is consistent with the General Plan Medium Density Residential designation and R-2B zone because the project is an allowed use and has a density of less than 25 dwelling units per acre, and as conditioned complies with all standards. 4. The site is physically suitable for a two-unit detached residential condominium project with Unit 1 and Unit 2 containing three levels. Each unit will provide a two-car garage. One shared guest parking space is located between and adjacent to the Unit 1 garage and Unit 2 building wall. 5. 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. The project as conditioned will provide permeable surfacing and storm water retention facilities to the maximum extent feasible per Section 8.44.095 and any additional non-percolated or retained storm water will be conveyed to an onsite subsurface infiltration system as required by Section 8.44.095 subject to maintenance agreements. 6. The property is accessed via Boundary Place 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. 7. 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 purposes of the designation, density and development standards, and parking, access and services are provided. 8. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring properties, which are developed with similar multi-story single-and multi-family residences. 9. 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 because the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15303(b). 10. The proposed subdivision will be consistent with the prevailing lot patterns and are not likely to 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 22 3 maximum density allowed, and conditions have been placed on the project to ensure compatibility. 11. 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-2B zone and condominium ordinance. Section 8. Based on the testimony and evidence received, the Planning Commission makes 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. 12. The proposal is consistent with the General Plan Medium Density Residential designation and R-2B 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. 13. The site is zoned R-2B and is physically suitable for a two-unit detached residential condominium project with Unit 1 and Unit 2 containing three levels. Each unit will provide a two-car garage. One shared guest parking space is located between and adjacent to the Unit 1 garage and Unit 2 building wall. 14. Both Units 1 and 2 comply with Section 17.14.080 of R-2B Limited Multiple Family Residential Open Space standards and provide a minimum of 300 square feet of open space per unit. 15. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, supply all required off-street parking, sidewalks, 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. 16. 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 via onsite retention of storm water to compensate for loss of permeable surfaces and landscaping to enhance aesthetics, being consistent with purposes of the designation, all density and development standards, and access and services are provided. An in-lieu Park and Recreation Area Dedication fee is required for each unit. 17. The proposed project as conditioned is consistent with the General Plan and will ensure compatibility of the proposed density, use and design with neighboring residential properties, which also contain multi-story single and multi-family residences. The project as conditioned complies with Section 17.22.060 because the lot width exceeds 29 feet, unit sizes exceed the minimum requirement of 1,600 square feet for both Unit 1 and 2, the project does not exceed the 30 foot height limit, minimum open space of 300 square feet is met, and the front setback meets the five-foot minimum requirement. 18. All utilities will be placed underground, integrated into the design, separately metered and independently provided in each unit. Stormwater runoff will be minimized and a final landscape plan shall be provided per the Green Building, Water Efficient, Water 23 4 Conservation and Condominium landscape standards and the required landscape plan shall be provided, per Sections 8.60, 8.44, and 8.56. Section 9. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a two-unit attached condominium project 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 at its meeting of November 21, 2017, revised in accordance with the conditions below. The Community Development Director may approve minor modifications that do not otherwise conflict with the Hermosa Beach Municipal Code or requirements of this approval. 2. The project shall fully comply with all requirements of the R-2B zone as applicable and the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not limited to: a) Height including required roof deck railings 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. b) Design and construction shall comply with Section 17.22.060 except as specifically stated in this Resolution. c) Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140. d) The requirements of Section 17.22.060(F) and (G) shall be shown on structural plans and reviewed at the time of Building Division Plan Check. e) A minimum of 200 cubic feet of storage area shall be provided for each unit in accordance with Section 17.22.060(E). f) Designated, screened solid waste storage areas, a minimum of 2.5’ x 2.5’ (length times width) each, for three solid waste storage bins shall be shown on the site plan compliance with Chapter 8.12. 3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed and approved by the Community Development Director in conformance with Section 17.22.050 and conditions of this approval prior to the issuance of Building Permits. a) Proof of recordation of approved CC&Rs shall be submitted to the Community Development Director prior to the issuance of Certificate of Occupancy. b) Five parking spaces (four garage spaces and one shared guest space) shall be maintained on-site. All parking spaces shall remain available for parking and 24 5 shall not be used for storage or other purposes. Storage of boats, trailers, and recreational vehicles shall not be allowed and the CC&Rs shall reflect this condition. 4. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department, and the Hermosa Beach Municipal Code. Building Plans: 5. 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 Development Department and Planning Division 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). 6. Architectural treatments and accessory facilities 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) Driveway transitions shall comply with Section 17.44.120(D). c) 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 30 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. d) Any satellite dish antennas and/or similar equipment shall comply with Section 17.46.240. 7. 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 25 6 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 a 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. If the drainage of surface waters onto the property requires a sump pump to discharge 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. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on construction plans. 9. 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. 10. 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 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. 11. 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. 12. 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 be subject to approval by the Community Development Department. Public Works 26 7 13. Prior to issuance of a Building Permit, an approved civil engineering plans prepared by a licensed civil engineer, and approved by Public Works, addressing 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 Municipal Code and Public Works specifications, shall be filed with the Community Development Department. 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 15. 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 all necessary permits are attained from the Public Works Department including if required, an approved Residential or Commercial Encroachment Permit. 16. Sewer flow rate for 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 may be required after review of the sewer lateral video. 17. 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. 18. Sewer main work may be required after review of sewer lateral video. 19. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Ch. 8.44) and must implement Low Impact Development Standards, and submit at time of grading and plan check along with an erosion control plan. Final Map and Certificate of Occupancy 20. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 21. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park and Recreation Area Dedication fees per unit in lieu of onsite parkland dedication pursuant to Chapter 16.12. 22. 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 27 8 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 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. 24. 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. 25. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 26. 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, Precise Development Plan and Vesting Tentative Map shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 27. 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 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. 28. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Map 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. 29. 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. Section 10. 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 28 9 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, Precise Development Plan and Vesting Tentative Map 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 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 11. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 17-XX 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 November 21, 2017. Rob Saemann, Chairman Ken Robertson, Secretary Date 29 Public Notice Poster Verification 30 31 SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/23/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NET32 SHEET INDEXPROJECT DATA TWO NEW 3-STORY TOWNHOMES VICINITY MAP SYMBOL LEGEND CONSULTANTS ABBREVIATION NOTES GENERAL NOTES SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/30/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NETDEVELOPMENT PROGRAM 33 SHEET 1 OF 1 SHEET LEGAL DESCRIPTION JOB ADDRESS SUBDIVIDER 9-20-16 ENGINEER DATE GARY J. ROEHL R.C.E. 30826 3914 DEL AMO BLVD., STE. 921 TORRANCE, CA 90503 310-542-9433 IN THE CITY OF HERMOSA BEACH COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES VESTING TENTATIVE EXISTING BUILDING CONCRETE BRICK WOOD DECK 106.76 EXISTING ELEVATION BLOCK WALL LEGEND EXISTING CONTOUR FINISH FLOOR GARAGE FINISH FLOOR LEAD AND TAG TOP OF CURB FLOW LINE TOP OF WALL TOP OF DVWY APRON BEGINNING OF CURB RET SPIKE FOUND WESTERLY PROPERTY CORNER FF GFF L&T TC FL TW TX BCR SPK FD W'LY PC X EXISTING FENCE NORTHERLYN'LY SPIKE AND WASHERS&W POWER POLEPP GUY WIREGW STK STAKE PROPERTY LINEPL, P/L E'LY EASTERLY MH MANHOLE SOUTHERLYS'LY WATER METERWM BOUNDARY MONUMENTS ARE NOT NECESSARILY SET ON PROPERTY CORNERS. PLEASE REFER TO THE NOTATION ON THE PLANS FOR OFFSET DISTANCES. IF THERE ARE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT DENN ENGINEERS FOR CLARIFICATION AT : (310) 542-9433, M-F 8:00 AM TO 5:00 PM. NOTE: ALL SETBACK DIMENSIONS SHOWN ARE MEASURED TO EXTERIOR SURFACE OF BUILDINGS UNLESS OTHERWISE NOTED. PARCEL MAP NO.74545 JEFF BOWERS MINARET DEVELOPMENT 617 LONGFELLOW HERMOSA BEACH, CA 90254 PHONE 310-433-4002 LOTS 53 & 54 OF THE SOUTHERN CALIFORNIA CONVENTION HALL & MARINE VIEW PARK TRACT M.B. 18-2-3 APN 4169-027-022 617 LONGFELLOW AVENUE HERMOSA BEACH, CA 90254 NOTES 1. ALL EXISTING STRUCTURES TO BE REMOVED UNLESS OTHERWISE NOTED. 2. ALL UTILITIES ARE LOCATED IN ADJACENT STREETS. 3. THIS IS A 2 UNIT CONDOMINIUM PROJECT. 4. WATER SUPPLY IS PROVIDED BY CALIFORNIA WATER COMPANY. 5. SANITARY SEWER DISPOSAL IS TO AN 8" VCP PUBLIC LINE. THE 8" VCP IS LOCATED IN LONGFELLOW AVENUE; $3352;,0$7('(37+  “ 6. SEE SOILS REPORT FOR POTENTIAL FILL ON THIS SITE. 7. SITE DRAINAGE IS SURFACE FLOW WITH DISCHARGE TO ADJACENT STREETS. THE SOUTHERN CALIFORNIA CONVENTION HALL & MARINE VIEW PARK TRACT M.B. 18-2-3 1ƒ (100.01' P/L1ƒ (100.02' P/L1ƒ (992.55' 1ƒ (1014.03' 1ƒ (50.01' P/L 1ƒ (49.99' P/L 724.81'49.99'239.23' 217.32'50.01'725.21' TOFOUND S&W LS 5411 @ ARDMORE AVENUE TOFOUND SMALL SPK @ TENNYSON PLACE TO C/L OF ARDMORE AVENUE ESTAB PER FOUND L&T TIES TO C/L OF TENNYSON PLACE ESTAB PER FOUND L&T TIES30.00'30.00'106.31 TP NAIL105.99 PEN X 108.25 PEN X105.89106.07105.86105.88105.89105.42104.33104.23103.95 TC103.71 FL104.63104.77105.88107.15107.34105.80 FL106.29 TC107.94 TC1 0 7 . 4 8 F L 108.68108.48SIGNWM108.13108.23108.1036"TREE108.06106.75105.76105.89105.25 TC 106.00106.07106.083-8"TREES105.99106.17106.15109.3410"TREE106.26106.31105.51105.62 PC1 0 4 . 7 8 F L 109.87109.82109.78 TC109.22 FL110.00110.05107.926"TREE106.08106.88108.37108.18112.69108.21108.23108.38108.72108.34109.41108.20 PC106.53108.84110.02110.13 110.20 EG110.16 EG110.12 FL SSMH111.81 111.91 EG112.26111.96110.61108.24 FL108.40 EG108.45 EG110.09108.68106.55104.76104.54 EG104.45 FL 104.51 EG104.72107.23108.10106.981 0 8 . 9 5 107.88108.28106.9218"TREE106.71106.97106.36106.67107.5510.00'10.00' X X X106.50 PC110.00 PC108.28108.52CONC. SWALE CONC. EXISTING GARAGE EXISTING GARAGE EXISTING RESIDENCE EXISTING RESIDENCE EXISTING RESIDENCE EXISTING RESIDENCE UNDER CONSTRUCTION EXISTING RESIDENCE UNDER CONSTRUCTION CONC. BRICK EM'S CONC. SIDEWALK CONC. SIDEWALK SET L&T RCE 30826 3.00' S'LY OF CORNER ON PROP. LINE PROD. TO BE SET FOUND L&T LS 8418 3.00' S'LY & 0.03' E'LY OF PROP. CORNER TAG ELEV.=95.51' FOUND S&W LS 8418 1.00' N'LY & 0.07' E'LY OF PROP. CORNER TAG ELEV.=106.53' SET S&W RCE 30826 1.00' N'LY OF CORNER ON PROP. LINE PROD. TO BE SET 1 AREA = 5,000 S.F. LONGFELLOW AVENUE BOUNDARY PLACE 180.0 '102.0 '48.0'30.0' THE E'LY LINE OF LOT 52 * THE E'LY LINE OF LOT 55* *60'30'30'20'10'10'C-01 CIVIL SURVEY 1/8" = 1'-0" CIVIL SURVEY SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/23/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NET34 UNIT B UNIT A UNIT B UNIT A UNIT B UNIT B UNIT A UNIT A UNIT B UNIT A 340 S.F. CANTILEVERED AREA TOTAL 328 S.F. CANTILEVERED AREA ENTRY LANDING ABOVE ABOVE 30" 362 S.F. OPEN SPACE (100 S.F. ALLOWED) 455 S.F. OPEN SPACE (100 S.F. ALLOWED) 236 S.F. OPEN SPACE 50 S.F. OPEN SPACE (25 S.F OPEN, 25 S.F. COVERED) 158 S.F. OPEN SPACE 1053 S.F. BUILDING FOOTPRINT 1151 S.F. BUILDING FOOTPRINT A-01ROOF PLAN 1/8" = 1'-0" AREA & OPEN SPACE CALCULATIONS SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/30/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NETNORTHTHIRD FLOOR PLAN 1/8" = 1'-0" SECOND FLOOR PLAN 1/8" = 1'-0" 1/8" = 1'-0" SITE PLAN 1/8" = 1'-0" LOT COVERAGE OPEN SPACE CALCULATIONS SITE PLAN: 2ND FLOOR: 3RD FLOOR: ROOF DECK: 158 - 50 455 (100 ALLOWED) UNIT A - - 236 362 (100 ALLOWED) UNIT B TOTAL:663 (308) CONFORMING 598 (336 CONFORMING) 35 1ƒ (100.01' P/L 1ƒ (100.02' P/L 1ƒ (1014.03'1ƒ (50.01' P/L1ƒ (49.99' P/L49.99'106.31 TP N AIL 105.89106.07105.86105.88105.89105.42105.80 FL106.29 TC107.94 TC107.48 FLSIGNWM108.13108.23108.1036"TREE108.06106.75105.76105.89105.25 TC105.51105.62 PC104.78 FL108.37108.18112.69108.21108.23108.20 PC 106.53110.02110.13 110.20 EG 110.16 EG 110.12 FL108.24 FL108.40 EG108.45 EG 108.6810.00' 10.00'106.50 PC 1 1 0 . 0 0 P C 108.28108.52CONC. SWALEEXISTING GARAGE EXISTING RESIDENCE EXISTING RESIDENCE UNDER CONSTRUCTIONEXISTING RESIDENCE UNDER CONSTRUCTION SET L&T RCE 30826 3.00' S'LY OF CORNER ON PROP. LINE PROD. TO BE SET FOUND L&T LS 8418 3.00' S'LY & 0.03' E'LY OF PROP. CORNER TAG ELEV.=95.51' FOUND S&W LS 8418 1.00' N'LY & 0.07' E'LY OF PROP. CORNER TAG ELEV.=106.53' SET S&W RCE 30826 1.00' N'LY OF CORNER ON PROP. LINE PROD. TO BE SET LONGFELLOW AVENUEBOUNDARY PLACETHE E'LY LINE OF LOT 55* 5'-0" RQD SETBACK 10'-0" PREVAILING SETBACK3'-0" REAR SETBACK NEW 6' TALL FENCE ATOP CONC. CURB. FENCE SHALL NOT EXCEED 6' ABOVE LOWEST ADJACENT GRADE EXISTING 6' TALL FENCE ATOP CONCRETE CURB EXISTING TREE TO REMAIN UNIT B UNIT A 1'-0" 2ND FLR SETBACK 3'-0" REAR SETBACK 10'-0" PREVAILING SETBACK5'-0"SIDE SETBACK40'-0"5'-0"SIDE SETBACK5'-0"SIDE SETBACK40'-0"5'-0"SIDE SETBACKEXISTING 6' TALL FENCE ATOP CONCRETE CURB EXISTING 42" TALL FENCE ATOP CONCRETE CURB EXISTING 42" TALL FENCE ATOP CONCRETE CURB 18'-0" 23'-0"24'18' 8'-6"9'-8"18'-0"17'-4"12'-3"24'-9"5'-6"8'-6"18'-6"18'-6"12'-01 4" LINE OF SECOND FLOOR ABOVE 8'-6" x 18'-0" SHARED GUEST PARKING 13'-0" 23'-8" 17'-1" 20'-0" GARAGE 107.0 20'-0" 18'-01 2" GARAGE 101.75 LINE OF SECOND FLOOR ABOVE 38'-81 2"9'-1"39'-21 2" 2%PLANTER @ GRADEPLANTER @ GRADETURF 108.5 TURF 104.75 UP 6R DOWN 2%108.36F.S.108.86F.S.108.86T.O.W.110.67T.O.W.107.53T.O.W.110.67T.O.W.107.43FS107.43FS107.68T.O.W.2%104.83F.S.DOWN DOWN PLANTER106.92D R A I N CONDENSERS 2% CATCH BASIN W/ SUMP PUMPS101.67DRAIN TRASH AREA TRASH AREA DOWN107.22106.86106.5310%20%7% 8'-0" 21'-0" 8'-0"106.42106.42102.22102.22101.67101.67101.34 C PL PL PL 1 0 7 . 2 5 P L 12'-3" 106.92 DRAI N 1 0 7 . 8 5 ' P L 1 0 8 . 4 5 ' P L B A 2.7% SLOPE 7.6% SLOPE 12.5% SLOPE 106.92 DRAI N 106.92 DRAI N D PL 37'-0" 8'-0"21'-0"8'-0"101.67'FS102.22 FS106.42 FS20% SLO P E 7% SLOPE 1.4% SLOPE 101.67' FS102.22 FS106.42 FS20% SLO P E 7% SLOPE 10 7 . 2 2 PL10% SLOPE 101.67'FS102.22 FS106.42 FS20% SLO P E 7% SLOPE 5.5% SLOPE 10 6 . 8 6 PL1 0 6 . 5 3 P L E PL F PL A-02 SITE PLAN 1/4" = 1'-0" SITE PLAN SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/30/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NETNORTHDRIVEWAY PROFILE SECTIONS 36 DOWN STEEL TRELLIS DECK BELOW 133.5 DOWN 133.252'-0"EAVE3'-0"EAVE TO PL5'-0"2'-0"EAVE3'-0"EAVE TO PL2'-0"EAVE4'-6"EAVE TO PL6'-6"2'-0" EAVE 10'-0" EAVE TO PL LINE OF DECK BELOW 9'-4" EAVE TO PL 2'-0" EAVE 1'-0" EAVE TO PL 4'-3"CP1138.19 MAX1 3 8 . 1 9 P R O P C P 2 1 3 6 . 8 3 M A X 1 3 6 . 5 0 P R O P C P 4 1 3 6 . 6 1 M A X 1 3 6 . 5 0 P R O P CP31 3 7 . 1 8 M A X 1 3 7 . 0 0 P R O P CP 5 13 7 . 3 M A X 13 6 . 7 5 P R O P CP6 135.87 M A X 135.87 P R O P 1ƒ (100.01' P/L 1ƒ (100.02' P/L 1ƒ (50.01' PL1ƒ (49.99' PL1 0 5 . 6 2 P C 108.20 PC 106.50 PC1 1 0 . 0 0 P CPT. 'A'PT. 'C'PT. 'D'PT. 'B'3'-0"1'-0" 42'-6" 12'-3" 37'-0" 42'-6"6'-1112"10'-0"10'-0" 19'-0"3'-0"27'-6"DOWNSPOUT OPEN TO DECK BELOW 3'-11 2"8'-0"24'-4"A-03 ROOF PLANS SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/30/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NETROOF PLANS 1/4" = 1'-0"NORTH37 38 39 40 41 42 43 PERMEABLE PAVEMENT AT DRIVEWAY 971 SF UNIT AUNIT B 1151 SF BLDG. FOOTPRINT1053 SF BLDG. FOOTPRINT B B A A A A A B B D B B B B B B B C C C C A A A A C C C C 107.43FS107.43FS107.68T.O.W.GARAGE 107.0 GARAGE 101.75 TURF 108.5 TURF 104.75108.36F.S.108.86F. S .108.86T.O.W.110.67T.O.W.107.53T.O.W.110.67T.O.W.106.92D R A I N 104.83F.S.101.67DRAIN D A L-1 LANDSCAPE PLAN 1/4" = 1'-0" LANDSCAPE PLAN SHEET NO. DATE REV# STAMP DWG. NAME PRINT DATE PROJECT #ARCHITECT:1117 5TH STREET, SUITE E, MANHATTAN BEACHPROJECT:SIX ONE SEVEN617 LONGFELLOW, HERMOSA BEACH, CA 90254KNOWLTON ARCHITECTS, INC.10/30/2017 310. 318.3448 INFO@THEKNOWLTONGROUP.NETNORTHPLANTING NOTES -DURA EDGE AT ALL P.A. EDGES WWW.JDRUSSELCO.COM (800.888.7425) -WEATHER BASED AUTOMATED IRRIGATION SHALL BE PROVIDED FOR ALL THE LANDSCAPED AREAS -A MINIMUM 3-INCH LAYER OF MULCH SHALL BE APPLIED ON ALL EXPOSED SOIL SURFACES OF PLANTING AREAS EXCEPT TURF AREAS, CREEPING OR ROOTING GROUNDCOVERS, OR DIRECT SEEDING APPLICATIONS WHERE IS CONTRAINDICATED. WUCOLS IV NOTE: WATER REQUIREMENTS FOR ALL PLANTS LISTED HAVE BEEN CONFIRMED BY WUCOLS IV PLANT DATABASE PROVIDED BY THE CALIFORNIA DEPARTMENT OF WATER RESOURCES (DWR) WATER USE EFFICIENCY PROGRAM. PLANT LEGEND MELALEUCA NESOPHILA - HEDGE LEYMUS CONDENSATUS 'CANYON PRINCE' ROSMARINUS OFFICINALIS 'PROSTRATUS' LEGEND QTY SIZE ARRANGEMENT PLANT TYPE COMMON NAME HEIGHT WIDTH WUCOLS IV NOTES A 5 GAL PER PLAN PINK MELALEUCA 15'-20'8'-10'LOW B C 5 GAL PER PLAN QT FLAT PER PLAN CANYON PRINCE WILD RYE CREEPING ROSEMARY LOW LOW 2'-3'2'-3' 2'-6'2'-4' 10 11 8 2D 24" BOX PER PLAN ACER NEGUNDO BOX ELDER LOW12'10' 44 45 46 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0679 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 ZON 17-1-- Zone Change from General Commercial (C-3) to One Family Residential (R -1) to be consistent with the PLAN Hermosa Land Use Designation of Low Density Residential (LD) at the vacant lot between 820 9th Street and 830 9th Street (temporarily addressed as 822 9th Street), and determine the rezone will be consistent with the General Plan designation for the property which was within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR). Applicant:Fahim Mansour FM Properties Inc. 2920 Sonoma St. Torrance, CA 90503 Owner:Bill Levine 431 Main Street El Segundo, CA 90245 Recommended Action: Adopt the attached resolution recommending the City Council approve a zone change from C-3 to R- 1. Project Summary: CURRENT ZONING:General Commercial (C-3) PROPOSED ZONING:Single Family Residential (R-1) GENERAL PLAN:Low Density Residential LOT AREA:3,872.7 Square Feet IMPROVEMENTS:Vacant lot ENVIRONMENTAL DETERMINATION:Pursuant to CEQA 15168(c)(2) the activity is within the scope of the PLAN Hermosa EIR certified August 22, 2017. Background: The owner of 822 9th Street requests a zone change from General Commercial (C-3) to Single Family Residential (R-1) on a 3,872.7 square foot vacant lot. In August 2017 the City adopted its updated General Plan (PLAN Hermosa), the City's first general plan update since 1979, which changed the subject lot’s land use designation from General Commercial to Low Density Residential. City of Hermosa Beach Printed on 5/3/2022Page 1 of 3 powered by Legistar™47 Staff Report REPORT 17-0679 The surrounding lots to the north, east and south are zoned Single-Family Residential (R-1) while the lot to the west of the subject lot (820 9th Street), also owned by the owner of the subject lot, is zoned General Commercial (C-3) and contains a single family dwelling.The subject lot is designated Low Density Residential in PLAN Hermosa. The surrounding lots to the north, east, south and west are all designated Low Density Residential (see maps attached). Analysis: The proposal will implement PLAN Hermosa and make the zoning consistent with the surrounding area as follows. General Plan consistency: The proposed zone change from C-3 to R-1 is consistent with the General Plan because it will implement the General Plan Land Use Element which designates the area as Low Density Residential. The purpose of the Low Density Residential land use designation is to provide for the retention, maintenance, and investment in single-family residential neighborhoods and protect residential uses from potential nuisances of nonresidential uses. This low density designation is intended to provide the lowest levels of density, offer a high quality environment for family life, and ensure the preservation of residential property values. Appropriate land uses include single-family dwellings, either attached or detached, which are the primary use in the low density residential designation. The site is vacant and the rezoning to R-1 will provide the property owner the opportunity to build a single-family dwelling which complies with the zoning standards and PLAN Hermosa. The subject lot is located within the Hermosa Hills Neighborhood General Plan Character Area where the desired form and character encourages successful transitions between residential uses and adjacent retail/service uses on Pacific Coast Highway (PCH) with several of the larger, deep lots located closest to PCH. The subject vacant lot is 90 feet deep by 45 feet wide, totaling approximately 3,872.7 square feet, and will provide for an effective transition between retail/service uses on PCH and the lower density single-family uses to the east. The proposal is consistent with state law which requires that zoning be consistent with the General Plan. Compatibility with surrounding area: Rezoning the subject lot to R-1 will allow development compatible with the existing residential development and R-1 zoning on the surrounding lots to the north, east and south. The lot to the west of the subject lot (820 9th Street), which is also owned by the owner of the subject lot, is currently residentially used, zoned C-3, and designated Low Density Residential on the General Plan Map. The subject vacant lot, as well as the lot to the west (820 9th Street) and lot to the south of 820 9th Street (partially occupied by Casey’s Cars), were changed from General Commercial to Low Density Residential as part of the General Plan Update process. The land use designation changes were to reflect that these properties have either historically been in use as residential or that properties City of Hermosa Beach Printed on 5/3/2022Page 2 of 3 powered by Legistar™48 Staff Report REPORT 17-0679 currently in use as commercial would be more appropriate to continue as residential in to the future. This change, along with a handful of others, were included in the General Plan update to bring consistency to the properties where the designation conflicted with the actual use and where it did not make sense to encourage commercial uses to extend further into residential areas. The 1980 General Plan Map had identified these areas commercial (changed from residential) as a means to encourage greater depth for potential commercial redevelopment along PCH. Over the course of 35 years, that additional commercial depth has not occurred and instead perpetrated the non-conforming status for the residential properties, thereby limiting potential investment and improvements to the properties. Consistency with R-1 zone standards: Maximum development potential of the subject lot would be one dwelling consistent with the R-1 zone standards. Any future development would be required to conform to the zoning standards (building height, building setbacks, parking, lot coverage, open space, etc.) which similarly apply to all R-1 lots throughout the city. Environmental impacts: In accordance with Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guideline 15168 (c)(2), this rezone will be consistent with the General Plan designation for the property is within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR), which was certified by the City Council on August 22, 2017. Summary: The proposed rezone from C-3 to R-1 will implement PLAN Hermosa by bringing the zoning designation into conformance with the General Plan Land Use designation. The rezoning of the C-3 lot to R-1 is compatible with the existing residential development, zoning and land use on the surrounding lots. Maximum development potential under the proposed R-1 zone is one single-family dwelling. Attachments: 1.Draft Resolution 2.Location Zoning and General Plan Maps 3.Posting Verification/Radius Map 4.Applicant Submittal Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 3 of 3 powered by Legistar™49 1 ATTACHMENT 1 RESOLUTION NO. 17-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE CHANGE FROM GENERAL COMMERCIAL (C-3) TO ONE FAMILY RESIDENTIAL (R-1) TO BE CONSISTENT WITH THE PLAN HERMOSA LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL (LD) AT THE VACANT LOT BETWEEN 820 9TH STREET AND 830 9TH STREET (TEMPORARILY ADDRESSED AS 822 9TH STREET), LEGALLY DESCRIBED AS LOT 16 OF TRACT NO. 5650, IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. The Planning Commission hereby resolves and orders as follows: Section 1. An application was filed by Fahim Mansour to rezone a 3,872.7 square foot lot from General Commercial (C-3) to Single Family Residential (R-1) at 822 9th Street. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Zone Change (ZON 17-1) on November 21, 2017, at which time the Staff Report and testimony and evidence, both oral and written, was presented to and considered by the Planning Commission. Section 3. Pursuant to H.B.M.C. Section 17.66.040, the Planning Commission finds that the proposed zone change is in the public interest because it will implement state law and the PLAN Hermosa Land Use Element and conform zoning to the existing Land Use designation. The rezoning of the C-3 lot to R-1 is compatible with the existing residential development, zoning and land use on the surrounding lots. Maximum development potential under the proposed R-1 zone is one single-family dwelling and conforms to the provisions of the PLAN Hermosa. Section 4. The Planning Commission hereby recommends City Council approval of the proposed zone change from C-3 to R-1 on property temporarily known as 822 9th Street (APN: 4186-008-023) as shown in Exhibit A attached hereto and incorporated by reference. Section 5. In accordance with Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guideline 15168 (c)(2), this rezone to be consistent with the General Plan designation for the property is within the scope of the project considered in the PLAN Hermosa Environmental Impact Report (EIR), which was certified by the City Council on August 22, 2017 because the EIR assessed all changes in designation and this rezone conforms with the designation set forth in PLAN Hermosa. PASSED, APPROVED AND ADOPTED this ____ day of ______________, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 50 2 CERTIFICATION I hereby certify that the foregoing Resolution P.C. 17-X 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 November 21, 2017. __________________________ ___________________________ Rob Saemann, Chairman Ken Robertson, Secretary __________________________ Date 51 3 Exhibit A to PC Resolution 17-XX ZONE CHANGE FROM C-3 TO R-1 LOT 16 OF TRACT NO. 5650, IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 105, PAGES 28 AND 29 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. APN: 4186-008-023 52 Zoning and General Plan Maps Effective Zoning Map Prior/Ineffective General Plan Land Use Map 53 Changes to General Plan Land Use Map Current/Effective General Plan Land Use Map 54 Attachment 3 Posting Verification/Radius Map 55 56 57 58 59 60 61 62 63 64 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0684 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 Building File B-5 -- Text Amendment to the Hermosa Beach Municipal Code Section 15.04.050 Expiration of Permits (Referral from the City Council) Recommended Action: To recommend that City Council amend the code as attached. The approach is to provide for two exceptions to the two year expiration. 1. The Planning Commission may establish longer time frames for construction and expiration of permits on large or complex discretionary projects. 2. The Building Official may grant 6-month permit extensions upon written request showing that circumstances beyond the control of the permittee have prevented completion of the project. Background: At the City Council meeting of October 24, 2017, Staff presented a report with recommendations to amend the code section pertaining to expiration of building permits. This was an unresolved issue related to the City’s local amendment to the CBC from the 2017 code adoption in October 2016. Staff’s recommendation for a sliding scale of time frames based on project size was not supported by a majority of Council, and the Council was also split on what the approach should be with respect to time limits on larger projects and for extensions when construction is nearing the two year limit. The Council instead decided to refer this matter to the Planning Commission for review and recommendation. Analysis: The Planning Commission does not typically review Municipal Code amendments related to the Building Code. However, as noted, the Council is seeking review for this specific clause in the code. Given that the Planning Commission does closely review entitlements for large and complex development projects that may have unusual or long construction time frames, and reviews construction impacts and mitigations, it is appropriate for the Commission to provide this advice to Council. The California Building Code (CBC) provides for both plan check and building permit expiration if the work is either not undertaken or abandoned for 180 days. For plan check, this means that if required corrections are not submitted for 180 days, the plan check process must begin anew. For permits, this means that if no work is done or inspections called for, the permit would expire after 180 days. City of Hermosa Beach Printed on 5/3/2022Page 1 of 4 powered by Legistar™65 Staff Report REPORT 17-0684 Theoretically, under the CBC, as long as an inspection is performed every 180 days, a project could take an indefinite time period to complete. In practice, it is in the best interests of the owner/developer and contractor to complete the project in a timely manner; owners want to move in, developers want to sell the finished building, contractors and lenders want to be paid. The following matrix explains the building code, the current HBMC and staff’s modified proposal to address City Council concerns: The basic approach proposed by staff, is that the Commission (with staff’s and the applicant’s input) in the best position to determine on a case by case basis when a large or complex project should have a longer time frame before the expiration of the permit. Otherwise for any construction project, there are always circumstances that cause unexpected delays in construction, and for those cases it is probably best for the Building Official to determine if extensions should be granted (with maximum 6 month increments) on a showing by the builder that unexpected circumstances beyond their control have caused a delay. Other options the Commission may consider are creating a threshold of project size (i.e. 5,000 or 10,000 square feet) where projects are initially given 3 years, or some other time frame, or a sliding scale as originally recommended by staff to the City Council. City of Hermosa Beach Printed on 5/3/2022Page 2 of 4 powered by Legistar™66 Staff Report REPORT 17-0684 The current section of the Municipal Code affected by the proposed ordinance was adopted in 2010 after projects slowed due to lack of funding during the recession. Staff has found that the current ordinance has the potential to actually slow the building process due to the requirement to submit new plans for the portions of the building not completed in the two year span. Thus, projects based on the current HBMC language would, in theory, be subject to two different Building Codes. Practical application of this would require the entire project (i.e., portion already completed as) to be updated to comply with the most recent Building Codes as a having a project subject to different Building Codes is untenable. In a review of 119 new building permits staff found that 94 buildings were completed in two years or less, and that 25 took more than the two year time frame from issuance to final inspection. The other major difficulty with the current code is the clause requiring the applicant to “pay a fee for City of Hermosa Beach Printed on 5/3/2022Page 3 of 4 powered by Legistar™67 Staff Report REPORT 17-0684 the new permit based on the valuation of the uncompleted work”. Thus, the value of interior finishes (e.g., flooring, woodwork, plumbing and kitchen fixtures, window treatments, and other components) that do not normally require permits in an existing house are currently included in the valuation of the uncompleted work for a new structure. These valuations vary wildly, are difficult for staff to determine, and do not facilitate projects getting completed in a timely manner. Thus, the proposed ordinance contains a consistent 10% new permit fee that eliminates the need for an inspection to determine the value of work not yet completed unless the applicant can clearly prove-to the satisfaction of City staff-that the uncompleted work is less than 10% of the project. If the applicant clearly demonstrates that the uncompleted work is less than 10% of the project, the new permit fee shall be the corresponding percentage. This puts the burden on the developer to justify the valuation in order to pay a fee less than 10%. This option for the permittee to demonstrate that less than 10% of the project is remaining and pay the corresponding lower percentage is also added for renewed permits (i.e., permits that are still within the stated completion deadline but that have been suspended or abandoned for a period exceeding 180 days). This ordinance eliminates the need to halt the project to prepare new plans as renewals would be based on the version of the Building Code that existed at the time of the original permit. Overall this ordinance would incentivize the timely completion of projects in the City without causing additional construction delays and would simplify the administration of building permits by requiring a standard new permit fee upon expiration of any deadline without requiring new plans be submitted and reviewed under potentially newly passed Building Codes. It should be noted that the City of Manhattan Beach recently modified their “two year permit expiration” ordinance to make the administration thereof more streamlined and remove clauses that result in additional project delays. Attachments: 1.Proposed resolution 2.City Council staff report with attachments, October 24, 2017 Respectfully Submitted by: Bob Rollins, Building and Code Enforcement Official Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 4 of 4 powered by Legistar™68 1 RESOLUTION P.C. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE SECTION 15.04.050 EXPIRATION OF PERMITS, AND DETERMINE THE AMENDMENT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on November 21, 2017 to consider a Text Amendment, referred to the Commission from the City Council for review and recommendation, regarding the expiration of building permits. SECTION 2. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. The text amendment changes are procedural in nature and will in no way create negative impacts to the environment. Therefore, there is no possibility that the activity in question may have a significant effect on the environment. SECTION 3. The Planning Commission hereby recommends City Council approval of the proposed amendments to Section 15.04.050 attached hereto as Exhibit A. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P.C. 17-XX 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 November 21, 2017. ________________________________ ______________________________ Rob Saemann, Chairman Ken Robertson, Secretary November 21, 2017 Date 69 2 Exhibit A Recommended Amendment Section 15.04.050 of Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is recommended to be amended to read as follows: Section 15.04.050 Expiration of Permits Notwithstanding the provisions of Section 15.04.010, Section 105.5 of Chapter 1 of the building code is hereby amended to read as follows: SECTION 105.5 Expiration of Permits 105.5 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void (1) if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or (2) if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced, or (3) if the building or work authorized by such permit is not completed within two calendar years from the issuance date of the permit. Before such work can be recommenced, a new permit or a renewed permit as specified below shall be first obtained. No permit shall be renewed more than once. Exception: For any project subject to a discretionary permit from the Planning Commission under Title 17 of the HBMC, the Planning Commission has authority to establish a building permit expiration date based upon the size and complexity of the project as a condition of approval. 70 3 A. Where work has not commenced within 180 days from the issuance date of a permit, a renewed permit valid for two years may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) no changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date. B. Where work has commenced and is subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit valid until the original expiration date may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) No changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date. provided, however, that a renewed permit may be issued despite the passage of two years if construction has progressed and has been approved to the point where only a final inspection is required. C. The Building Official may grant a maximum of two (2) extensions for a period not exceeding six calendar months each upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. A fee of ten percent of the original permit fee shall be assessed for such renewal. Where a project is not commenced or completed on the two year anniversary of the permit issuance date a new permit is required. The applicant shall pay a fee for the new permit based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the Codes and Ordinances in effect at the time the new applications are submitted. D. Any permittee holding an active permit may apply in writing for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he or she is unable to continue work within the time required by this Section due to circumstances beyond the control of the permittee. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months. No permit shall be extended more than twice. 71 4 E. Any permittee seeking to extend a permit under subsections (B), (C), or (D) may present evidence to City staff that clearly demonstrates that the uncompleted work is less than ten percent of the project. At its sole discretion, should the City determine that less than ten percent of the project is left to be completed, the renewal fee or the new permit fee may be reduced to an amount equivalent to the corresponding lower percentage. E. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to obtain the demolition and removal of incomplete work on the property. F. Any application for a renewed permit or a permit extension shall be reviewed under the Building Codes and Ordinances in effect at the time of the original permit. G. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to initiate a nuisance abatement action pursuant to Chapter 8.28 of this Code or undertake any other remedy permitted by law. 72 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0646 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 24, 2017 TEXT AMMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE SECTION 15.04.050 EXPIRATION OF PERMITS (Continued from meeting of September 26, 2017) (Community Development Director Ken Robertson) Recommended Action: Introduction of the text amendment to replace the strict two year time period for construction projects to be completed before the building permit expires with a sliding time frame for expiration based on the size of the project. This ordinance is meant to address difficulties arising from the administration of the current ordinance. Background: On October 27, 2016, Council voted to adopt the 2016 California Building Codes as amended by the City. Staff had proposed eliminating the blanket provisions of the City’s Municipal Code that requires all projects be completed within a two year period, with certain exceptions for permit renewal or new permit application. Council directed staff to revisit this issue and craft an expiration policy that addressed the size and type of building being erected. The attached ordinance provides a sliding time line for permit expiration based on the size (square footage) of the project (i.e.,a standard single family residence can be expected to be completed in a much shorter time frame than a new large hotel or business complex). The ordinance also provides permit renewal procedures designed to simplify the process to foster quicker completion of projects. Analysis: The California Building Code provides for both plan check and building permit expiration if the work is either not undertaken or abandoned for 180 days. For plan check, this means that if required corrections are not submitted for 180 days, the plan check process must begin anew. For permits, this means that if no work is done or inspections called for, the permit would expire after 180 days. Theoretically, under the CBC, as long as an inspection is performed every 180 days, a project could take an indefinite time period to complete. In practice, it is in the best interests of the owner/developer and contractor to complete the project in a timely manner; owners want to move in, developers want to sell the finished building, contractors and lenders want to be paid. The following City of Hermosa Beach Printed on 10/19/2017Page 1 of 5 powered by Legistar™73 Staff Report REPORT 17-0646 matrix will explain the building code, the HBMC and proposed new ordinance: California Building Code Rule Every building permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days. HBMC Existing Rule Building Permit becomes invalid if work is not commenced within 180 days or if the work is delayed or abandoned for 180 days (same as California Building Code). Building Permit also expires if work contemplated by permit is not completed within two calendar years from issuance date. Applicants can get a renewed permit if abandoned for 180 days if they pay 10% of original permit fee, still within the overall 2 year deadline, and no changes have been made to the project. City can even issue renewed permit beyond the 2 year time period if construction has progressed and has been approved to the point where only a final inspection is required. If permit is not commenced or completed within the 2 year time frame (and not a candidate for a renewed permit) then a new permit is required. Applicant must pay a fee for the new permit based on the valuation of the uncompleted work and plan check and new permit will be reviewed under the Codes and Ordinances in effect at the time the new application is submitted. This means that a project that is very far along may be required to revise the project plans to bring the project up to newer building code standards, if a new building code has been adopted. City of Hermosa Beach Printed on 10/19/2017Page 2 of 5 powered by Legistar™74 Staff Report REPORT 17-0646 Proposed Ordinance The Building Permit becomes invalid if work is not commenced within 180 days or if the work is delayed or abandoned for 180 days (same California Building Code). Extend the length of Building Permits based on time frame and project size to provide larger projects more time to be completed (projects < 5k square feet: 2 years; 5k - 20k square projects: 3 years; 20k - 50k square feet project: 4 years; and projects > 50k square feet: 5 years). If work has not started or has been abandoned for 180 days, applicants can get a renewed permit for 10% of the original permit fee if no changes have been made to the project and the application is submitted before the applicable permit expiration date based on its size. Renewals will be reviewed under Building Code and Ordinances in effect at the time of the original permit application, not any updated version of the Building Code. For projects that are not completed within the applicable permit deadline, a new permit is required. Applicants must pay 10% of the original permit fee and the new permit is reviewed under the Code and Ordinance in effect at the time of the original permit. New permits cannot be renewed and only one new permit shall be issued for a project. Any applicant seeking to renew a permit or obtain a new permit can present evidence to City staff that clearly demonstrates that the uncompleted work is less than 10% of the project. At its sole discretion, if City determines that less than 10% of the project is left to be completed, the renewal fee or new permit fee may be reduced to an amount equivalent to the percentage of work left to be completed. If 5% of work remains, the fee will be equal to 5% (as opposed to 10%). The current section of the Municipal Code affected by the proposed ordinance was adopted in 2010 after projects slowed due to lack of funding during the recession. Staff has found that the current ordinance has the potential to actually slow the building process due to the requirement to submit City of Hermosa Beach Printed on 10/19/2017Page 3 of 5 powered by Legistar™75 Staff Report REPORT 17-0646 new plans for the portions of the building not completed in the two year span. Thus, projects based on the current HBMC language would, in theory, be subject to two different Building Codes. Practical application of this would require the entire project (i.e., portion already completed as) to be updated to comply with the most recent Building Codes as a having a project subject to different Building Codes is untenable. In a review of 119 new building permits staff found that 94 buildings were completed in two years or less, and that 25 took more than the two year time frame from issuance to final inspection. The other major difficulty with the current code is the clause requiring the applicant to “pay a fee for the new permit based on the valuation of the uncompleted work”. Thus, the value of interior finishes ( e.g.,flooring, woodwork, plumbing and kitchen fixtures, window treatments, and other components) that do not normally require permits in an existing house are currently included in the valuation of the uncompleted work for a new structure. These valuations vary wildly, are difficult for staff to determine, and do not facilitate projects getting completed in a timely manner. Thus, the proposed ordinance contains a consistent 10% new permit fee that eliminates the need for an inspection to determine the value of work not yet completed unless the applicant can clearly prove-to the satisfaction of City staff-that the uncompleted work is less than 10% of the project. If the applicant clearly demonstrates that the uncompleted work is less than 10% of the project, the new permit fee shall be the corresponding percentage. This puts the burden on the developer to justify the valuation in order to pay a fee less than 10%. This option for the permittee to demonstrate that less than 10% of the project is remaining and pay the corresponding lower percentage is also added for renewed permits (i.e.,permits that are still within the stated completion deadline but that have been suspended or abandoned for a period exceeding 180 days). This ordinance allows for sliding time line linked to the size of the project and eliminates the need to halt the project to prepare new plans as renewals would be based on the version of the Building Code that existed at the time of the original permit. However, with the extended time frame for larger projects and ability to renew permits, certain larger projects may take longer to be built then the current two year time frame and could be based on previous versions of the Building Code. Please note that if the City lengthens the life of building permits and makes permit renewals and new permits subject to the Codes and Ordinances in effect at the time of the original permit, the City could be issuing permit renewals or new permits under previous versions of the Building Code for larger scale projects (e.g.a 51k square foot project that applies for a new permit could theoretically be reviewed under a Building Code from two Building Code cycles earlier). This more laissez-faire approach could be interpreted to not thoroughly incentivize project applicants to complete projects by the permit deadline if there is not a sufficient penalty (like complying with new Codes and Ordinances). However, it is staff’s opinion that this type of approach - that avoids new plan submittals - would incentivize and expedite the completion of projects. Overall this ordinance would incentivize the timely completion of projects in the City without causing additional construction delays and would simplify the administration of building permits by requiring a standard new permit fee upon expiration of any deadline without requiring new plans be submitted and reviewed under potentially newly passed Building Codes. It should be noted that the City of Manhattan Beach recently modified their “two year permit expiration” ordinance to make the administration thereof more streamlined and remove clauses that City of Hermosa Beach Printed on 10/19/2017Page 4 of 5 powered by Legistar™76 Staff Report REPORT 17-0646 result in additional project delays. Attachments: 1. Proposed Ordinance Respectfully Submitted by:Bob Rollins, Building and Code Enforcement Official Ken Robertson, Community Development Director Legal Review: Mike Jenkins, City Attorney Approved: Sergio Gonzalez, City Manager City of Hermosa Beach Printed on 10/19/2017Page 5 of 5 powered by Legistar™77 Page 1 of 3 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING SECTION 15.04.050 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE EXPIRATION OF BUILDING PERMITS The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. Section 15.04.050 (Expiration of permits) of Title 15 (Buildings and Construction) of the Hermosa Beach Municipal Code is hereby amended to read as follows: 15.04.050 Expiration of permits. Notwithstanding the provisions of Section 15.04.010, Section 105.5 of Chapter 1 of the building code is hereby amended to read as follows: SECTION 105.5 EXPIRATION OF PERMITS 105.5 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void (1) if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or (2) if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced, or (3) if the building or work authorized by such permit is not completed: within two calendar years from the issuance date of the permit for projects under 5,000 square feet; within three calendar years from the issuance date of the permit for projects between 5,000 square feet and 20,000 square feet, within four calendar years from the issuance date of the permit for projects between 20,000 square feet and 50,000 square feet; and within five calendar years from the issuance date of the permit for projects over 50,000 square feet. Any project over 5,000 square feet shall erect a solid 8’ fence where feasible to shield the site from the view from the public right of way. Before such work can be recommenced, a new permit or a renewed permit as specified below shall be first obtained. No permit shall be renewed more than once. 78 Page 2 of 3 A. Where work has not commenced within 180 days from the issuance date of a permit, a renewed permit valid for two years may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) no changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within the applicable time deadline of the original permit issuance date. B. Where work has commenced and is subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit valid until the original expiration date may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that: (1) no changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within the applicable time deadline of the original permit issuance date. The renewed permit will be reviewed under the Building Codes and Ordinances in effect at the time of the original permit. C. Where a project is not commenced or completed by the applicable time deadline of the permit, a new permit is required. The applicant shall pay a fee for the new permit equal to ten percent of the original permit fee. The new permit will be reviewed under the Building Codes and Ordinances in effect at the time of the original permit provided that the new permit is requested within six months after the deadline of the original permit. After that time, any new permit will be subject to the Building Code and Ordinance in effect at the time the new permit is issued. The new permit shall be valid for a period of one (1) year. This new permit shall not be renewed nor shall a second new permit be issued for the project if it is not completed within the one (1) year time frame. D. Any permittee seeking to renew a permit under subsection B or a new permit under subsection C may present evidence to City staff that clearly demonstrates that the uncompleted work is less than ten percent of the project. At its sole discretion, should the City determine that less than ten percent of the project is left to be completed, the renewal fee or the new permit fee may be reduced to an amount equivalent to the corresponding lower percentage. E. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to initiate a nuisance abatement action pursuant to Chapter 8.28 of this Code or undertake any other remedy permitted by law. 79 Page 3 of 3 Section 3. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED this __ day of _____________, 2017. ____________________________ MAYOR Attest: _______________________ City Clerk 80 1 CITY OF HERMOSA BEACH MEMORANDUM Date: October 24, 2017 To: Honorable Mayor and Members of the City Council From: Ken Robertson, Community Development Director Subject: Supplemental Information, Item 5(a) – Text Amendment Regarding Expiration of Permits As referenced in the staff report, Manhattan Beach has also recently addressed this issue of expiration of building permits. Attached is the recent code amendment adopted by the Manhattan Beach City Council which includes amendments regarding expiration of permits. Their approach is to give the Building Official the administrative authority and flexibility to extend permits in 6 month increments in response to requests from builders where delays are beyond their control. Our proposed approach is to provide more clarity and less administrative discretion, recognizing that larger projects often take much longer than two years. Attachment 81 1 ORDINANCE NO 17-0021 AN ORDINANCE OF THE CITY OF MANHATTAN BEACH MODIFYING THE PLAN REVIEW AND PERMIT EXPIRATION SECTIONS OF THE MANHATTAN BEACH MUNICIPAL CODE AND CLARIFYING THE ISSUANCE OF PERMITS TO OWNER-BUILDERS THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. It is therefore exempt from review under the California Environmental Quality Act pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). SECTION 2. Chapter 9.01 of Title 9 of the Manhattan Beach Municipal Code is amended to read as follows: 9.01.040 Expiration of plan review. Section [A]105.3.2 is hereby amended to read as follows: [A] 105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by applicant for a periods not exceeding 180 days upon written request by the applicant and justifiable cause demonstrated. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and plans shall be reviewed under the current codes and ordinances at the time of the new applications. 9.01.050 Permit expiration. Section [A]105.5 is hereby amended to read as follows: [A]105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced, or if the building or work authorized by such permit is not completed within 2 calendar years from the issuance date of the permit. Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained. No permit shall be renewed more than once. For permits where work has not commenced within 180 days from the date of such permit, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the original issuance date. For permits where work had commenced and was subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the issuance date, and/or (3) where construction has 82 2 progressed and has been approved prior to the suspension or abandonment, to the point whereby only a final inspection(s) is required, a fee shall be determined based on the number of estimated inspections, estimated staff time, and required meetings as determined by the Building Official. For permits that have exceeded two years beyond the issuance date and have not received an extension prior to expiring, a new permit is required. The applicant shall pay the fee based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the current codes and ordinances at the time of the new applications. Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, the permittee is unable to continue work within the time required by this section. The Building Official may grant one or more extensions for a periods not exceeding six calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. action from being taken. No permit shall be extended more than once. If the owner or applicant fails to complete the construction work within the time required, the Building Official is authorized to obtain the abatement of any unsafe condition or nuisance created by such incomplete work. The City Attorney is authorized to file an action for the abatement of any such unsafe condition or nuisance if required to do so by the Building Official. SECTION 3. Chapter 9.03 of Title 9 of the Manhattan Beach Municipal Code is amended to read as follows: 9.03.030 Expiration of plan review. Section R105.3.2 is amended as follows: Section R105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by applicant for a periods not exceeding 180 days upon written request by the applicant and justifiable cause demonstrated. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and plans shall be reviewed under the current codes and ordinances at the time of the new applications. 9.03.040 Permit Expiration. Section R105.5 is amended to read as follows: R105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the work is commenced, or if the building or work authorized by such permit is not completed within 2 calendar years from the issuance date of the permit. Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained. No permit shall be renewed more than once. For permits where work has not commenced within 180 days from the date of such permit, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the original issuance date. 83 3 For permits where work had commenced and was subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the issuance date and/or (3) where construction has progressed and has been approved to the point whereby only a final inspection(s) is required, a fee shall be determined based on the number of estimated inspections, estimated staff time, and required meetings as determined by the Building Official. For permits that have exceeded two years beyond the issuance date and have not received an extension prior to expiring, a new permit is required. The applicant shall pay the fee based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the current codes and ordinances at the time of the new applications. Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, the permittee is unable to continue work within the time required by this section. The Building Official may extend the time for action by the permittee for a periods not exceeding six calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. action from being taken. No permit shall be extended more than once. If the owner or applicant fails to complete the construction work within the time required, the Building Official is authorized to obtain the abatement of any unsafe condition or nuisance created by such incomplete work. The City Attorney is authorized to file an action for the abatement of any such unsafe condition or nuisance if required to do so by the Building Official. SECTION 4. Chapter 9.04 of the Manhattan Beach Municipal Code is hereby amended to read as follows: Section 9.04.010 is amended to read as follows: 9.04.010 – Requirements for issuance of building permits and licenses. No building permit or business license shall be issued to any person covering building construction unless the following requirements have been complied with: A. Contractor's license. That the applicant shall have produced for the inspection of the Chief Building Inspector, also known as the Director of Building, or Licensing Authority a valid contractor's license issued in accordance with the Business and Professions Code of the State; and B. Federal and State law compliance. That any applicant for a building permit covering building construction wherein the applicant employs labor on such construction shall produce evidence to the Chief Building Inspector or the Licensing Authority that he has fully complied with all requirements of the law applicable to said employees relating to the payment of withholding tax, Social Security contributions, State Unemployment, and Workmen's Compensation Insurance. Exception: Any person applying for a building permit as an owner-builder must meet the requirements of Section 7044 of the California Business and Professions Code for owner-builder and complete the owner-builder declaration as required by Section 7031.5 of the California Business and Professions code. 84 4 Any person applying for a building permit as an owner-builder representing that he is to personally occupy said structure proposed to be erected without complying with the provisions of subparagraphs A and B of this section, and who, within one year from the completion thereof, sells or offers for sale said structure is guilty of a misdemeanor; providing, however, that this section shall not apply to owner-builders who within one year sell said property for any reason other than for speculative purposes. SECTION 5. Section [A]105.3.2 of Title 9 of the Manhattan Beach Municipal Code is amended to read as follows: 9.02.020 Expiration of plan review. Section [A]105.3.2 is hereby amended to read as follows: [A] 105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by applicant for a periods not exceeding 180 days upon written request by the applicant and justifiable cause demonstrated. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and plans shall be reviewed under the current codes and ordinances at the time of the new applications. 9.02.030 Permit expiration. Section [A]105.5 is hereby amended to read as follows: [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced, or if the building or work authorized by such permit is not completed within 2 calendar years from the issuance date of the permit. Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained. No permit shall be renewed more than once. For permits where work has not commenced within 180 days from the date of such permit, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the original issuance date. For permits where work had commenced and was subsequently suspended or abandoned for a period exceeding 180 days, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two years from the issuance date and/or (3) where construction has progressed and has been approved to the point whereby only a final inspection(s) is required, a fee shall be determined based on the number of estimated inspections, estimated staff time, and required meetings as determined by the Building Official. For permits that have exceeded two years beyond the issuance date and have not received an extension prior to expiring, a new permit is required. The applicant shall pay the fee based on the 85 5 valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the current codes and ordinances at the time of the new applications. Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, the permittee is unable to continue to work within the time required by this section. The Building Official may extend the time for action by the permittee for a periods not exceeding six calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. action from being taken. No permit shall be extended more than once. If the owner or applicant fails to complete the construction work within the time required, the Building Official is authorized to obtain the abatement of any unsafe condition or nuisance created by such incomplete work. The City Attorney is authorized to file an action for the abatement of any such unsafe condition or nuisance if required to do so by the Building Official. SECTION 6. Any provisions of the Manhattan Beach Municipal Code, or appendices thereto, or any other ordinances of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed. SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 8. This notice shall be published by one insertion in The Beach Reporter, the official newspaper of the City, and this ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption. SECTION 9. The City Clerk shall certify to the adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen (15) days after the passage and adoption thereof cause the same to be published by one insertion in The Beach Reporter, the official newspaper of the City and a weekly newspaper of general circulation, published and circulated within the City of Manhattan Beach hereby designated for that purpose. SECTION 10. This Ordinance will become effective at 12:01 a.m. on December 7th, 2017. SECTION 11. The City Clerk shall cause a summary of this Ordinance to be published as provided by law. The summary shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance. PASSED, APPROVED and ADOPTED this ____ day of ______, 2017. Ayes: Noes: Abstain: Absent: 86 6 Mayor, City of Manhattan Beach, California ATTEST: City Clerk 87 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0676 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 SIGN REVIEW - S4 #33 Determination of whether the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Applicant:Kevin Keslin & Mary Ryan RGLA Solutions, Inc. 5100 River Road, Suite 125 Schiller Park, IL 60176 OWNER:Maurice Rafoua 1559 S. Sepulveda Boulevard Los Angeles, CA 90025 Recommended Action: Adopt the attached resolution and determine that the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Background: Vans commenced operation at 1314 Pacific Coast Highway in September 2007. On March 15, 2011 the Planning Commission unanimously approved the request to deem the proposed 251 ± sq. ft. window displays as murals, limited to art work as submitted, with no additional logos, identifying or advertising texts (attached). The applicant now proposes to replace existing previously approved window murals on the west facing windows with new pictorial representations. Each display will cover the entire window. Analysis: The proposal exceeds window coverage and total allowed sign area. The General Commercial (C-3) zone allows up to 3 square feet of permanent sign area per lineal foot of building frontage. The building frontage along Pacific Coast Highway is 70 feet, authorizing up to 210 square feet in permanent sign area. A permanent sign permit was recently issued in October 2017 allowing three City of Hermosa Beach Printed on 5/3/2022Page 1 of 3 powered by Legistar™88 Staff Report REPORT 17-0676 Vans wall signs totaling 80 square feet. The proposed displays (96 square feet for left display and 145 square feet for right display totaling 241 square feet), combined with permitted wall signs (80 square feet), totaling 321 square feet, exceeds the allowed 210 square feet of permanent signage by 111 square feet. The two existing previously approved window murals cover the entirety of each window1. Thus, the applicant is requesting a similar determination that the two replacement window displays be considered ‘murals’, and that they be allowed to exceed standards for sign area and window coverage. ‘Mural’ as defined in Municipal Code Section 17.50.030 means a “pictorial representation not specifically identifying goods or services offered on the premises.” Pursuant to Section 17.50.140(B), the Planning Commission may waive specific provisions of the sign ordinance relating to total sign area, coverage, height, type and style for displays deemed to be murals. Vans is an action sport company. The retail store sells skateboards and the brand's surfing and skateboarding-inspired shoes, casualwear and accessories. The retail store does not sell surfboards or bikes.The existing murals depict the skate and surf culture with the right mural displaying a surfer catching a wave and the left mural displaying a skateboarder performing a stunt along the rim of a skate bowl. The Hermosa Beach General Plan (PLAN Hermosa) defines the city’s beach culture such that “the beach has been an integral part of local culture with an abundance of seaside activities. Hermosa Beach has been home to many surfing professionals over the years and has hosted events promoting surfing, such as Hermosa Beach Surfing Club’s Annual Dance. Known as the mecca of surfboard shaping, Hermosa Beach is known for some of the earliest surfboard manufacturing, with several surfboard shapers still operating today” (PLAN Hermosa Pg. 23 Beach Culture). The proposed sign displays continue to depict the skate and surf culture with the right mural displaying a surfer shredding a wave and the left mural displaying a biker performing a stunt in a skate park. The individuals in the sign displays are not well known athletes and they do not have a close association with Vans. The two individuals in the proposed sign displays are also much less prominent than the existing murals where their faces and attire are not recognizable or the focus of the displays. Staff believes both displays are murals because the proposed displays do not directly advertise products or goods offered on the premises but instead continue to depict the city’s eclectic beach culture which includes surfing and seaside activities such as biking and the use of the Hermosa Beach Skate Park located at 710 Pier Avenue. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. The mural displays are to be located upon the interior glazing of the west storefront windows and will not result in a direct or reasonably foreseeable indirect physical change in the environment, therefore, the mural displays are not subject to CEQA. City of Hermosa Beach Printed on 5/3/2022Page 2 of 3 powered by Legistar™89 Staff Report REPORT 17-0676 Summary: Staff recommends the Commission adopt the attached resolution and determine that the sign displays are murals and that they be allowed to exceed standards for sign area and window coverage Pursuant to Section 17.50.140(B) of the Hermosa Beach Municipal Code and determine the project is not subject to the California Environmental Quality Act (CEQA). 1Window signs shall be allowed in the C-3 zone and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). Attachments: 1.Draft Resolution 2.Planning Commission March 15, 2011- Staff Report and Attachments <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=1323&meta_id=80300> 3.Minutes from March 15, 2011 meeting 4.Site Photos 5.Applicant Submittal Respectfully Submitted by: Nicole Ellis, Associate Planner Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 3 of 3 powered by Legistar™90 1 P.C. Resolution 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THE 241± SQUARE FOOT DISPLAYS TO BE LOCATED UPON THE INTERIOR GLAZING OF THE WEST STOREFRONT WINDOWS OF THE EXISTING BUILDING AT 1314 PACIFIC COAST HIGHWAY ARE MURALS AND DETERMINING THAT THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on October 11, 2017 by the property owner/applicant, seeking determination of whether the proposed sign displays covering 241 ± square feet of surface area on west side of a building are consistent with the Municipal Code definition of ‘Mural’ for the Vans shop at 1314 Pacific Coast Highway and determine the project is not subject to the California Environmental Quality Act (CEQA). Section 2. Hermosa Beach Municipal Code Section 17.50.030 defines a mural as “a pictorial representation not specifically identifying goods or services offered by the business on the premises.” Section 3. Hermosa Beach Municipal Code Section 17.50.130(B) provides that murals approved by the Planning Commission may be permitted, and in its review the Planning Commission may waive specific provisions of the City’s sign regulations related to total sign area, coverage, height, type and style. Section 4. The Planning Commission at its public meeting of November 21, 2017 considered testimony and evidence, both written and oral. Section 5. The project is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2), because the project will not result in a direct or reasonably foreseeable indirect physical change in the environment. The mural displays are to be located upon the interior glazing of the west storefront windows and will not result in a direct or reasonably foreseeable indirect physical change in the environment, therefore, the mural displays are not subject to CEQA. Section 6. Based on the evidence received at the public meeting, the Planning Commission makes the following findings: 1. The displays meet the definition of a mural as set forth in Hermosa Beach Municipal Code Section 17.50.030, because: a. The Hermosa Beach General Plan (PLAN Hermosa) defines the city’s beach culture such that “the beach has been an integral part of local culture with an abundance of seaside activities. Hermosa Beach has been home to many surfing professionals over the years and has hosted events promoting surfing, such as Hermosa Beach Surfing Club’s Annual Dance. 91 2 Known as the mecca of surfboard shaping, Hermosa Beach is known for some of the earliest surfboard manufacturing, with several surfboard shapers still operating today.” b. The displays are pictorial representations not specifically identifying goods or services offered by the business on the premises, and the business on the premises is an action sport company. The retail store sells skateboards and the brand's surfing and skateboarding- inspired shoes, casualwear and accessories. The retail store does not sell surfboards or bikes. The proposed sign displays continue to depict the skate and surf culture with the right mural displaying a surfer shredding a wave and the left mural displaying a biker performing a stunt in a skate park. The individuals in the sign displays are not well known athletes and they do not have a close association with Vans. The two individuals in the proposed sign displays are also much less prominent than the existing murals where their faces and attire are not recognizable or the focus of the displays. c. The display’s primary purpose is not to identify a product, event, or person, but rather to celebrate activities closely associated the city’s eclectic beach culture which includes surfing and seaside activities such as biking and the use of the Hermosa Beach Skate Park located at 710 Pier Avenue. 2. Pursuant to Zoning Ordinance Section 17.50.130(B), it is appropriate to waive the specific provisions of the sign code pertaining to sign area, cover, height, type and style for the subject 241± square foot mural displays because: a. The displays (96 square feet for left display and 145 square feet for right display totaling 241 square feet) meet the definition of a mural; b. The purpose of the mural is to celebrate the city’s eclectic beach culture which includes surfing and seaside activities such as biking and the use of the Hermosa Beach Skate Park located at 710 Pier Avenue. Due to the murals proximity to Pacific Coast Highway, a high profile location, and the large scale and massing of the wall/windows upon which the murals are proposed to be sited, the additional area, height, type of style of the mural display are warranted. Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Resolution P.C. 17-XX 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 November 21, 2017. 92 3 Rob Saemann, Chairman Ken Robertson, Secretary November 21, 2017 Date 93 94 95 Site Photos Looking east from Pacific Coast Highway (PCH) at the Vans store Looking south east from PCH at the Vans store Looking north east from PCH at the Vans store 96 97 98 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0655 Honorable Chairman and Members of the Hermosa Beach Planning Commission Adjourned Regular Meeting of November 21, 2017 Verbal Report on City Council Actions City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™99 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0656 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 Verbal Status Report on Major Planning Projects City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™100 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0686 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 December 11, 2017 Planning Commission Tentative Future Agenda Items Currently there are no projects ready to be scheduled for the December 11, 2017 (Monday)Planning Commission Meeting. Respectfully Submitted by: Frances Estrada, Building and Planning Technician Concur: Kim Chafin, Planning Manager Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™101 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 17-0652 Honorable Chairman and Members of the Hermosa Beach Planning Commission Regular Meeting of November 21, 2017 Community Development Department Activity Report of September, 2017 Recommended Action: To receive and file the September, 2017 Community Development Department activity report. Attachment: 1. Community Development Department activity report of September, 2017 Respectfully Submitted by: Yu-Ying Ting, Administrative Assistant Approved: Ken Robertson, Community Development Director City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™102 103 104 105 106 107 108 109