HomeMy WebLinkAboutPC Resolution 15-22 - (832 Loma Dr)P.C. RESOLUTION 15-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING
TENTATIVE PARCEL #73489 FOR A TWO -UNIT CONDOMINIUM
PROJECT AT 832 LOMA DRIVE, LEGALLY DESCRIBED AS LOT 5,
BLOCK B, TRACT 1677, CITY OF HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed on June 22, 2015 by Tracy A. Swerdfeger for
development of property at 832 Loma Drive, seeking approval of Conditional Use Permit 15-6,
Precise Development Plan 15-8, and Vesting Tentative Parcel Map #73489 for a two -unit
detached residential condominium project (Assessor Parcel Number 4187-014-005).
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on August 18, 2015, at which time testimony and evidence, both
written and oral, was presented to and considered by the Planning Commission.
Section 3. The project is Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 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, no variances are requested, and the project is
within an urban area with available services.
Section 4. Based on the evidence received at the public hearing, the Planning
Commission makes the following findings:
1. The applicant has filed applications for a precise development plan, conditional use
permit and vesting tentative map to demolish an existing single family residence, and develop a
two -unit detached residential condominium project.
2. The subject lot contains 3,181 square feet, is designated High Density Residential on the
General Plan Map, and R-3 Multiple Family Residential on the Zoning Map.
Section 5. Based on the testimony and evidence received, the Planning Commission
makes the following findings pertaining to the application for a Vesting Tentative Tract Map
pursuant to the California Government Code Section 66474 and Sections 16.08.060 and
16.16.060 of the Municipal Code:
1. The proposal is consistent with the General Plan High Density Residential designation
and R-3 zone because the project is an allowed use and has a density of less than 33 units per
acre, and as conditioned complies with all standards.
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2. The site is physically suitable for a two -unit detached residential condominium, with both
units containing three stories and a two -car garage. One shared guest parking space is provided
for both units and is located adjacent to Unit B.
3. 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
stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained stormwater will be conveyed to an onsite subsurface
infiltration system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Loma Drive, and does not exhibit dedicated public
easements; therefore, the subdivision and improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision.
5. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment, being consistent
with purposes of the designation, density and development standards, and parking, access and
services are provided.
6. The project as conditioned will conform to all zoning and condominium standards and
will be compatible with neighboring properties, which are developed with similar single-family
and multiple -family residential uses.
7. The design of the subdivision or 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).
8. The proposed subdivision will be consistent with the prevailing lot pattern and not reduce
property values in the surrounding neighborhood area because the project is similar to
surrounding development, consists only of the division of airspace at less than the maximum
density allowed, and conditions have been placed on the project to ensure compatibility.
9. The 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-3
zone and condominium ordinance.
Section 6. 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:
1. The proposal is consistent with the General Plan High Density Residential designation
and R-3 zone because the project is an allowed use and has a density of less than 33 units per
acre, and as conditioned complies with all standards.
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2. The site is zoned R-3 and is physically suitable for a two -unit detached residential
condominium. Both units contain 3-stories and a two -car garage. A compliant shared guest
space is provided for both units. Unit A contains 1,947 square feet of habitable area and Unit B
contains 2,067 of habitable area.
3. 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.
4. 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 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. An in -lieu Park and
Recreation Area Dedication fee is required for each unit.
5. 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. The project as
conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,600
square feet, the 30 feet height limit is met, and the front setback of 5 feet minimum is met. Site
redevelopment will increase the height of the majority of the building. Unit A contains two
decks on the third floor, one deck is located along the northwest of the lot overlooking Loma
Drive and the second is located southwest corner of the unit. Unit B contains two decks on the
third floor, one deck is located along the northeast of the lot and the second deck is located
southwest corner of the unit. Close proximity to adjacent buildings is common within the City's
residential areas and extraordinary privacy issues are not anticipated.
6. 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 provide per the Green Building, Water Efficient, Water Conservation and
Condominium landscape standards and the required landscape plan shall be provided, per
Sections 8.60.070(B)(7), 15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070.
Section 7. 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 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
August 18, 2015, revised in accordance with the conditions below. The Community
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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-3 zone as applicable and
the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but
not limited to:
a) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
c) 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.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) 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 and City Attorney 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 within three (3) months after recordation of the Final Map.
b) All parking spaces shall remain available for parking and shall not be used for
storage or other purposes. Storage of boats, trailers, and recreational vehicles shall
not be allowed.
c) The guest parking space shall remain open and accessible to guests both units,
rather than being used for storage or any other purpose, 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 Preliminary and Final Landscaping Plan, consistent with the site plan
approved by the Planning Commission, indicating size, type, quantity and
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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)
and 8.60.070 to the satisfaction of the Community Development 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).
c) Landscape plan shall incorporate off -site trees on the south side of 2"d Street in the
public right of way and landscaping requirement per Public Works Department and
must be approved prior to issuance of the building permit.
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 down cast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less
in height) security lighting and porch lights. Lamp bulbs and images shall not be
visible from within any onsite or offsite residential unit. Exterior lighting shall not
be deemed finally approved until thirty days after installation, during which period
the building official may order the dimming or modification of any illumination
found to be excessively brilliant or impacting to nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of Section
15.48.020 and install permeable surfaces in the driveway, 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% of
exterior surface area is not feasible 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,
the applicant shall infiltrate runoff onsite. 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
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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.
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.
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.
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.
10. 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.
11. 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.
12. The project shall include construction of a curb, gutter, and sidewalk pursuant to
Public Works Standards.
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Final Man and Certificate of Occupancy
13. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
14. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach Park
and Recreation Area Dedication fees for two units in lieu of onsite parkland dedication
pursuant to Chapter 16.12.
15. 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
16. 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.
17. Prior to issuance of a Building Permit, an approved civil engineering plan prepared by
a licensed civil engineer, and approved by the Public Works Director, addressing
grading, undergrounding of all utilities, sidewalk, curb and gutter improvements,
onsite and offsite 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.
18. 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.
19. 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.
20. A plan for urban and stormwater runoff controls 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.
Other:
21. 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.
22. 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.
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.
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
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discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 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:
NOES:
ABSTAIN
ABSENT:
Comms.Allen,Pizer, S aemann,Chmn. Flaherty
None
None
Comm.Hoffman
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-22 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 August 18, 2015.
r�
Michael Flaherty, Chairman
August 18, 2015
Date
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