HomeMy WebLinkAboutPC Resolution 15-23 - (515 Prospect Av)P.C. Resolution 15-23
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 MAP #73629 FOR A TWO -UNIT CONDOMINIUM
PROJECT AND DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AT 515 PROSPECT AVENUE,
LEGALLY DESCRIBED AS TRACT # 5209 LOT 41 AND S 1/2 OF LOT
42, 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 property owner Harold Anschel
for development of property located at 515 Prospect Avenue, seeking approval of Conditional
Use Permit 15-7, Precise Development Plan 15-9, and Vesting Tentative Parcel Map #73629 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 September 15, 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 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 3 existing attached units and develop a two -unit
detached residential condominium project.
2. The subject property contains approximately 8,150 square feet, is designated Medium
Density Residential on the General Plan Map, and R-2B Limited 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
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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 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.
2. The site is physically suitable for a two -unit detached residential condominium with both
units containing three levels. Two (2) spaces are provided per unit in a two -car garage and one
(1) guest space to be designated for Unit B is provided to the east of the entry courtyard along
the south side yard. Two (2) additional guest spaces, designated for Unit A, are provided in
tandem to the two -car garage for Unit A for a total of seven (7) parking spaces.
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
storm water retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained storm water 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 Prospect Avenue 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. Allowance for the curb cut is consistent with City decisions pertaining to
residential development.
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 multi -story
single and multi -family residences.
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.
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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-2B
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 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.
2. The site is zoned R-2B and is physically suitable for a two -unit residential condominium
consisting of two buildings. Both units contain three levels, a two -car garage and guest parking
spaces. The Unit A garage faces Prospect Avenue and provides two (2) guest parking spaces in
tandem with the garage. The Unit B garage is in the center of the lot facing Unit A and is
accessed from a driveway extending from Prospect Avenue along the southerly side yard. One
(1) guest parking space, to be designated for Unit B, is located to the east of the entry courtyard
to Unit B along the southerly side yard. An additional two (2) guest parking spaces, designated
for Unit A, are located upon the driveway leading to the Unit A two -car garage.
3. Unit A contains 3,931 square feet of habitable area and Unit B contains 3,714 square feet
of habitable area. The total area for Unit A, including garage and deck/balcony areas, is 4,479
square feet. The total area for Unit B, including garage and deck/balcony areas, is 4,238 square
feet.
4. Both units comply with Section 17.14.080 and provide a minimum of 300 square feet of
open space per unit. Open space for Unit A is provided on the second story south west facing
deck, roof deck at the north end of the building, and on grade while open space for Unit B is
provided on the second story north west facing deck and a roof deck at the south end of the
building.
5. 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.
6. 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.
7. 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
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which also contain multi -story single and multi -family residences. The project as conditioned
complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,730 square feet,
the 30 feet height limit is met, and the front setback is greater than the 5' minimum required. Site
redevelopment will create one (1) new driveway and subsequent curb cut along Prospect
Avenue. Decks and outdoor gathering areas are predominantly located on the second story and
roof and are primarily oriented to the west.
8. All utilities will be placed underground, integrated into the design, separately metered
and independently provided in each unit. Storm water runoff will be minimized and a final
landscape plan shall be provided 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
September 15, 2015, 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).
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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 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) Seven (7) parking spaces shall be maintained on -site. 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) Two guest parking spaces shall be provided on the driveway of the garage
fronting Prospect Avenue to be used by Unit A fronting Prospect Avenue.
d) One guest parking space shall be maintained to the east of the entry courtyard to
Unit B to be used by Unit B along the south side yard.
4. The project shall comply with all requirements of the Building Division, Public
Works Department, and Fire Department, and the Hermosa Beach Municipal
Code.
BuildinL Plans:
5. 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 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 and Director of Public Works.
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 parkway landscaping requirement per Public
Works Department and must be approved by the Director of Public Works 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(I) 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 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
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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.
Public Works
12. 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.
13. 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.
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14. A plan for urban and storm water runoff controls approved by Public Works
Department shall be set forth on the construction plans in accordance with
Chapter 8.44 and Section 8.44.090, and the applicant shall at all times comply with
the required best management practices.
15. Sewer flow rate for upstream and downstream manhole must be submitted prior
to grading and plan check.
16. Sewer lateral video must be submitted with plan check submittal. Sewer lateral
work may be required after review of the sewer lateral video.
17. Sewer main work may be required after review of sewer lateral video.
18. The project must comply with Low Impact Development Standards listed in the
Stormwater and Urban Runoff Pollution Control Regulations (HBMC Ch.
8.44.095). Calculations and documents are required at time of grading and plan
check.
Final May and Certificate of Occupancy
19. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
20. 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.
21. 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
22. 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.
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23. 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:
24. 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.
25. 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.
26. 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.
27. 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.
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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 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,Hoffman,Pizer,Saemann,Chmn,Flaherty
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 15-23 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 September 15, 2015.
C"T
y
Mike Flaherty, Chairman
,September 15�.....20..1..5................... ...
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