HomeMy WebLinkAboutPC Resolution 15-01 - (1723-1727 Monterey Blvd)P.C. RESOLUTION NO. 15-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN FOR THE EXPANSION AND REMODEL OF
AN EXISTING NONCONFORMING SINGLE-FAMILY DWELLING AT
1727 MONTEREY BOULEVARD, INCLUDING DEMOLITION OF THE
EXISTING DUPLEX AT 1723/1725 MONTEREY BOULEVARD,
RESULTING IN AN APPROXIMATELY 4,500 SQUARE FOOT
ATTACHED DUPLEX (A NET DECREASE OF ONE DWELLING UNIT
AND NET INCREASE OF APPROXIMATELY 300 SQUARE FEET OF
FLOOR AREA FOR IMPROVEMENTS ON THE COMBINED LOTS);
AND VARIANCE TO ALLOW CONTINUATION OF A 3-FOOT NORTH
SIDE YARD, RATHER THAN A 5-FEET YARD OTHERWISE
REQUIRED DUE INCREASED LOT WIDTH DUE TO MERGING OF
THE LOTS, AT 1723, 1725 AND 1727 MONTEREY BLVD, LEGALLY
DESCRIBED AS LOTS 33 AND 34, BLOCK 50, TRACT NO. 1130,
HERMOSA BEACH, CA.
The Planning Commission does hereby resolve and order as follows:
Section 1. An application was filed by Glen Payne, owner of real property located at 1723,
1725, and 1727 Monterey Blvd. in Hermosa Beach, seeking a Precise Development Plan (15-2) for
the expansion and remodel of an existing nonconforming single-family dwelling at 1727 Monterey
Boulevard, including demolition of the existing duplex at 1723/1725 Monterey Boulevard, resulting
in an approximate 4500 square foot attached duplex (a net decrease of one dwelling unit and net
increase of approximately 300 square feet of floor area for improvements on the combined lots) and
a Variance (15-1) allow merging the two adjacent lots to accommodate the expansion and remodel
and to maintain the existing 3-foot north side yard rather than complying with the 5-foot side yard
otherwise required due to the increased lot width to 60 feet as a result of combining the lots at 1723,
1725 and 1727 Monterey Blvd. into one parcel.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the application for the Precise Development Plan and Variance on January 20, 2015, at which time
testimony and evidence, both written and oral, was presented to and considered by the Planning
Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission
makes the following factual findings:
A. The subject property is comprised of through -lots fronting Monterey Blvd. with
garage access from Bayview Drive. The subject property and surrounding are zoned R-2.
B. The applicant proposes to demolish an existing duplex constructed in 1952 at 1723 and
1725 Monterey Blvd. and construct an addition and remodel to an existing nonconforming single-
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family dwelling at 1727 Monterey Blvd.' The applicant proposes to 1) merge the two existing lots
at 1723-1727 Monterey Blvd., 2) demolish the existing duplex on 1723 & 1725 Monterey Blvd., 3)
construct an addition to and remodel the existing single-family dwelling at 1727 Monterey Blvd.,
and 4) construct a new attached dwelling unit in place of the demolished duplex.
C. A Precise Development Plan to develop two units, boundary line adjustment to
combine two lots, and Variance to allow a nonconforming setback as the result of the lot merger
are required to facilitate the project. The boundary line adjustment does not require Planning
Commission approval.
D. The project will have a total of 4,449 square feet of livable area in two units, while
the existing buildings contain 4,786 square feet of livable area in three units, for a net decrease of
one (1) unit and 337 square feet of gross floor area. The proposed lower level will contain a
three (3) car garage (2 tandem spaces) fronting Bayview Drive to serve both units, with a storage
area and staircase leading to level 1 on the northerly half of the lot and a bedroom, bathroom, and
laundry area and entryway for Unit #2 on the southern half of the lot. Level 1 contains four (4)
bedrooms and three (3) bathrooms for Unit #1; the living room, kitchen, and a powder room for
Unit #2; and an open deck occupying the southeasterly half portion of the lot to be counted
towards open space for both units. Level 2 contains the entryway (facing Monterey Blvd) for
Unit #1; living room, kitchen, new media room, and a new deck to be counted as open space for
Unit # 1; and a lounge, work room, and wine storage for Unit #2. The mezzanine level for Unit
# 1 consists of an existing mezzanine that will be retained, and a new westerly facing deck
accessed from the mezzanine.
E. The project proposes to merge the two lots thereby creating a wider lot which results
in an increase in the side yard setback requirement from 3 feet to 5 feet. The southerly side yard
will comply with the new required setback because the existing buildings (1723 and 1725
Monterey Blvd.) will be demolished and a new building will be constructed. However, the
northerly side yard is proposed to remain at 3 feet adjacent to that portion of the building that is
not being demolished. In addition the front of the garage is being lengthened by 2 feet, 7 inches
in order to provide the required parking space lengths, and this new length represents an
extension of the nonconforming wall that is set back 3 feet from the property line. Remodeling
the garage area to avoid increasing the length would be complicated due to the existence of a
stairway.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings to support the requested Variance pursuant to H.B.M.C. Section 17.54.020:
A. The proposed Variance is an exceptional circumstance because 1) it is unusual for
applicants to combine lots and retain and remodel an existing dwelling, while decreasing the
number of dwelling units, 2) the increased setback requirement from 3 feet to 5 feet is a direct
function of merging the lots thereby increasing the width of the resulting lot, 3) the
nonconformity results from the desire to retain an existing dwelling unit which helps preserve the
character of the area, 4) the increased 5-foot southerly side yard setback requirement will be
complied with for those portions of the project that are being reconstructed with the exception of
1 Assessor's Parcel Numbers 4183-015-021 and 4183-015-022
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a 2 feet, 7 inches extension of the existing garage wall set back 3-feet from the property line, in
order to provide the required parking space lengths, 5) the existing 3-foot side yard that will be
retained meets minimum Fire Code and Building Code requirements, and 6) the intent of the
increased setback to maintain open space will be complied with because the proposed project
will increase lot coverage by only 91 square feet for 56% total lot coverage (65% max allowed)..
B. The variance is necessary for the preservation of a substantial property right
possessed by other properties in the vicinity of the subject property. Surrounding buildings exhibit
similar nonconforming elements. The building at 1831 Monterey Blvd (7 lots to the north of the
subject property) is a multi -family dwelling with a northerly side yard setbacks less than 3 feet on
both sides while the required setback is approximately 4 feet. Also, the building at 1826 Manhattan
Avenue, one block west and approximately 7 blocks north of the subject property, exhibits side
yards of approximately 3 feet when 5 feet is required. Nonconforming building elements are
common throughout the City. It is the intention of the zoning code to create standards of
development in order to create continuity within neighborhoods and the City as a whole while also
allowing individual preferences. While a nonconforming building element does not represent an
individual preference, much of the charm and attraction of a beach city such as Hermosa is due to its
architectural variation which is heavily influenced by the various zoning codes over time. The
current zoning code allows for legal nonconforming building elements to remain if they are not
deemed substandard or impact safety. The proposed nonconforming side yard is similar to existing
properties in the surrounding neighborhood and does not impact safety on the site or in the
surrounding area. Therefore, the proposed nonconforming side yard created by combining the lots
and retaining much of the existing dwelling is a condition exhibited by other properties in the area
and throughout the city, and a therefore substantial property right possessed by other properties in
the vicinity and zone.
C. The variance will not be materially detrimental to the public welfare of injurious to
the property or improvements in the vicinity and zone in which the property is located.` The
proposed two -unit attached residential building is typical within the neighborhood and the R-2 zone.
The use adjacent to the proposed nonconforming setback is a multi -family residential; the current
configuration where the ground level improvements on the subject lot will be located 3 feet from the
adjacent lot to the north will continue to exist and will not be reduced. The amount of open space
on the property will be brought into compliance, the project will comply with building and fire
codes, and staff has not identified any specific impacts to neighboring properties that would be
associated with granting a Variance for the side yard. The proposed project is not unusually large or
out of scale with the neighboring residential developments as there are similar multi -family and
single-family homes surrounding the property.
D. The granting of the variance will not conflict with the provisions of, or be detrimental
to, the General Plan. The demolition of the duplex at 1723 and 1725 Monterey Blvd and remodel
and addition to the single-family residence at 1727 Monterey Blvd creating two (2) attached units in
the R-2 zone are in conformance with the density, use and other requirements of the General Plan.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Precise Development Plan pursuant to
Section 17.58.030 of the Municipal Code:
A. The proposal is consistent with the General Plan Medium Density Residential
designation and R-2 zone because the project is an allowed use and has a density of less than 25
units per acre, and as conditioned complies with all standards.
B. The site is zoned R-2 and is physically suitable for a two -unit residential building. Unit
#1 contains 2,996 square feet of livable area amongst 3-stories and a mezzanine and access to two
tandem parking spaces in the garage. Unit #2 contains 1,425 square feet of habitable area with
access to one covered parking space in the garage and one uncovered space in front of the unit at the
southwest corner of the property, parallel with Bayview Drive. An uncovered shared guest parking
space is provided adjacent to the garage along Bayview Drive. The project is conditioned to ensure
that each unit has access to the required number of parking spaces.
C. The 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, and will comply with all construction requirements.
D. Design is compatible and consistent with the immediate environment, including
maintenance of water quality and reduction of marine pollution via onsite retention of stormwater 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.
E. 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 two -and three-story single and multiple -family residences.
Section 6. The project is Categorically Exempt from the California Environmental
Quality Act pursuant to CEQA Guidelines Sections 15303(b) because the project consists of
infill development on a site zoned for residential uses, the project as conditioned will comply
with the General Plan and zoning code, and the project is within an area with available services,
Section 7. Based on the foregoing, pursuant to Section 17.54.020 of the H.B.M.C, the
Planning Commission hereby approves the requested Precise Development Plan and Variance
subject to the following Conditions of Approval:
1. The development and continued use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting
of January 20, 2015. 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 subject lots shall be combined into one legal parcel via a Boundary Line
Adjustment in a form approved by the Community Development Director and
recorded prior to issuance of a building permit.
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3. The Variance specifically allows a 3-foot minimum set back, limited to the building
improvements as they exist on January 20, 2015 within the northerly side yard
setback and a 2 foot, 7 inches extension of the existing garage wall at the northwest
corner of the property within the northerly side yard setback in order to comply
with parking space length. This approval is specific to the improvements on plans
approved by the Planning Commission on January 20, 2015 and shall not apply to
any other future development or expansion.
4. The project shall fully comply with all requirements of the R-2 zone as applicable,
including but not limited to:
a. Conduit to accommodate roof mounted alternative energy equipment for
solar energy and solar thermal shall also be supplied per Section 15.32.140.
5. The applicant shall secure an Encroachment Permit for use of the Public Right -of -
Way along Monterey Blvd.
6. The project shall comply with all requirements of the Building Division, Public
Works Department and Fire Department, and the City of Hermosa Beach
Municipal Code.
7. Two copies of a Final Landscaping Plan, consistent with landscape plans approved
by the Planning Commission, indicating size, type, quantity and characteristics of
landscape materials shall be submitted to the Community Development Department
for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a. The Final Landscaping Plan shall comply with Sections 17.22.060(H) and
8.60.070 of the Municipal Code to the satisfaction of the Community
Development Director.
b. An automatic landscape sprinkler system consistent with Section
17.22.060(H) of the Municipal Code shall be provided, and shall be shown on
plans (Building Permits are required).
8. 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 of the Municipal
Code.
b. A dividing wall running east to west shall be installed to separate the garage
with separate garage doors. The two tandem space (north half of garage)
shall be designated for Unit #1 and the one space in the southern half of the
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garage shall be designated for Unit #2 as well as the space at the southwest
corner of the property, parallel with Bayview Drive.
c. The guest parking space located adjacent to the garage shall be available to
both units and shall not be designated for a specific unit.
d. All exterior lighting shall be downcast and fully shielded, and illumination
shall be contained within the property boundaries. Lighting shall be energy -
conserving and motion detector lighting shall be used for all lighting except
low-level (three feet or less in height) security lighting and porch lights.
Lamp bulbs and images shall not be visible from within any onsite or offsite
residential unit. Exterior lighting shall not be deemed finally approved until
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.
e. Solid waste (refuse and recycling facilities) shall comply with Chapter 8.12 of
the Municipal Code. Each unit shall supply adequate area for three carts of
2.5 feet wide by 2.5 feet deep each.
9. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 of the Municipal Code and install permeable surfaces in the guest
parking space and other non -landscaped areas to the maximum extent feasible.
Curb inlets to allow drainage to landscape shall be installed. If providing water
permeable surfaces on at least 50 percent of exterior surface area and incorporating
measures in 8.60.070(H) to the extent practicable to infiltrate the volume of runoff
produced by a 0.75 inch storm event is not feasible, the applicant shall infiltrate
runoff onsite. In the event that subsurface infiltration is required, construction and
civil plans shall designate the 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 onsite subsurface infiltration is achieved. The amount of the bond
shall be determined by the Building Division. All other drainage shall be routed to
an offsite facility or onsite permeable area approved by the City. To the extent
possible, a portion of roof drainage shall be routed to onsite permeable areas. No
drainage shall flow over any driveway or sidewalk or offsite.
If the drainage of surface waters onto the property requires a sump pump to
discharge said waters onto the street, the property owner(s) shall record an
agreement to assume the risk associated with use and operation of said sump pump,
release the City from any liability, and indemnify the City regarding receipt of
surface waters from the property. The recorded agreement must be filed with the
City prior to issuance of the Certificate of Occupancy.
10. The plans and construction shall comply with all requirements of the Building Code
in Title 15 and Green Building Standards in Chapter 15.48 of the Municipal Code.
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Water conservation practices set forth in Section 8.56.070 shall be complied with
and noted on construction plans.
11. 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.
12. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler
and County landfill; at least 65 percent of demolition debris associated with
demolition of the existing improvements and new construction shall be recycled.
13. The project shall comply with all other requirements of the Building and Safety
Division, and Fire and Public Works Departments.
14. 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.
Construction•
15. Prior to issuance of a Building Permit, a civil engineering plan prepared by a
licensed civil engineer, and approved by the Public Works Director, addressing
grading, a driveway and parking encroachment, undergrounding of all utilities,
sidewalk, curb and gutter improvements as applicable along Prospect Avenue and
17th Streets, onsite and offsite drainage (no sheet flow permitted), installation of
utility laterals, and all other improvements necessary to comply with the Municipal
Code and Public Works specifications, shall be filed with the Community
Development Department.
16. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No work in the public right-of-way shall
commence unless and until an Encroachment Permit has been approved by the
Public Works Department.
17. A plan for urban and stormwater runoff controls required by the Municipal Code
including Section 8.60.070(H) and this Resolution, approved by Public Works
Department, shall be set forth on the construction plans in accordance with Chapter
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8.44 and Section 8.44.090, and the applicant shall at all times comply with the
required best management practices.
18. Project construction shall conform to the Noise Control Ordinance requirements in
Section 8.24.050. Allowed hours of construction shall be printed on the building
plans and posted at construction site.
Other:
19. 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.
20. An approved coastal development permit from the California Coastal Commission
shall be filed with the City prior to issuance of demolition, shoring and construction
permits.
21. The project shall comply with the 65% demolition debris recycling requirement set
forth in Section 15.48.020.
22. The Planning Commission may review this Precise Development Plan and Variance
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.
23. 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 8. 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.
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
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indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorneys fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
The subject property shall be developed, maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulation applicable to any
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 9. 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: Comms.Allen,Perrotti,Pizer,Chmn.Flaherty
NOES: Comm.Hoffman
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 15-1 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California at their
regular meeting of January 20, 2015. 1/
mn -
Michael Flaherty, Chairman
JanuaM.20�.�..201.5...........................
Date
fclsir, Secretary
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