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HomeMy WebLinkAboutPC Resolution 15-26 - (650-704 Loma Drive)A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0 HERMOSA BEACH, CALIFORNIA, APPROVING A AND VESTIN TENTATIVE PARCEL MAP #73616 FOR A THREE-UNI CONDOMINIUM PROJECT AND DETERMINATION THAT TH PR03ECT IS CATEGORICALLY EXEMPT F.OR NI ENVIRONMENTAL QUALITY ACT AT 650-704 LOMA DRIV LEGALLY DESCRIBED AS LOTS I & 2, BLOCK "H", TRACT NO. 168 M.B. 20-188, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa each does hereby resolve and order as follows: Section 1. An application was filed on August 24, 2015 by property owner/applicant Gary Lane/Adam Barray with Loma HB Investment Group, LLC for development of property located at 650-704 Loma Drive, seeking approval of Conditional Use Permit 15-9, Precise Development Plan 15-12, and Vesting Tentative Parcel Map #73616 for a three -unit detached residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on October 20, 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 Commiss`ion 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 3 existing detached units, including one residence on 704 Loma Drive and two units on 650 Loma Drive to be merged, and develop a three -unit detached residential condominium project. 2, The subject property contains approximately 5,500 square feet of land area, is designated Medium Density Residential on the General Plan Map, and R-2 Two -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 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-2 zoning designation 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 three -unit detached residential condominium project wi Units A and B containing three levels and Unit C containing a basement and three level Each unit provides a two -car garage. The Unit A garage faces Loma Drive and provides t (2) guest parking spaces in tandem with the garage. The garages for Units B and C are in tt center of the lot, accessed from a driveway extending from Loma Drive along the souther side yard. One (1) guest parking space, to be shared by Units B and C, is located to the sou of Unit B. An additional two (2) guest parking spaces, designated for Unit A, are locat 4 upon the driveway leading to the Unit A two -car garage. I 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 s -acilities to the maximum extent feasible per Section 8.44.095 vriac�-mqinAe-torrn water retention f and any additional non -percolated or retained storm water will be conveyed to an on -site subsurface infiltration system as required by Section 8.44.095 subject to maintenance agreements. 6. The property is accessed via Loma Drive and does not exhibit dedicated public easements; therefore, proposed improvements will not create conflicts with easements. 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. Allowance for the curb cut is consistent with City decisions pertaining to residential development. 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 pattern and will 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. 0 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-2 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 U19- !'I "Ll 'irl C I I Q: 10 of�lunicip��. i-t-tcy-Sec-tions 101 1 J'd. i. .) 12, The proposal is consistent with the General Plan Medium Density Residential designati-m- and R-2 zoning designation because the project is an allowed use and has a density of le than 25 units per acre, and as conditioned complies with all standards. 13. The site is zoned R-2 and is physically suitable for a three -unit detached residenti condominium project with Units A and B containing three levels and Unit C containing basement and three levels. Each unit provides a two -car garage. The Unit A garage fac TI Loma Drive and provides two (2) guest parking spaces in tandem with the garage. I garages for Units B and C are in the center of the lot, accessed from a driveway extendi from Loma Drive along the southerly side yard, One (1) guest parking space, to be shared Units B and C, is located to the south of Unit B, An additional two (2) guest parking space designated for Unit A, are located upon the driveway leading to the Unit A two -car garage. 14. Unit A contains 2,309 square feet of habitable area, Unit B contains 2,236 square feet habitable area, and Unit C contains 2,511 square feet of habitable area, The total area f] Units A, B, and C including garages and deck/balcony areas is 3,511 square feet for Unit 3,490 square feet for Unit B, and 3,494 square -feet for Unit C. 15. All three 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 southwest facing decks on the second and third story and a roof deck at the northeast portion of the building, Open space for Units B and C are provided on south facing second and third story decks and roof decks at the north portion of the buildings, Additional open space is provided on grade between units, at the rear yard of Unit C, and in the form of partially covered entry courtyards, 16. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, 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. 17. 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 on -site 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. 18, 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. Lot width exceeds 29 feet, unit sizes exceed 1,730 square feet, the 30 foot height limit is met, and the front setback meets the 5 foot minimum required. Decks and outdoor gathering areas are predominantly located on the second and third stories and roof. 19. 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 tIn subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel M for a three -unit condominium project subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance wit submitted plans received and reviewed by the Planning Commission at its meetin'- of October 20, 2015, revised in accordance with the conditions below. T Community Development Director may approve minor modifications that do n otherwise conflict with the Hermosa Beach Municipal Code or requirements this approval. 2. The project shall fully comply with all requirements of the R-2 zone as applicab and the Condominium Ordinance in Chapter 17.22 of the Municipal Cod, including but not limited to: a) Height including required roof deck railings shall fully comply with the 3 . 0-fo height limit. Precise building height compliance shall be reviewed at the time 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. 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). 9 f) Designated, screened solid waste storage areas, a minimum of 2.5 x 2.51 (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.I 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) Nine (9) 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 Loma Drive to be used by Unit A fronting Loma Drive. d) One guest parking space shall be maintained to the south of Unit B to be shared by Units B and C. 4. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department, and the Hermosa Beach Municipal Code. Plans: 5. Two copies of a Final Landscape Plan, consistent with landscape plans approved I y 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 8.44.095 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). 6. Architectural treatments and accessory facilities shall be as shown on buildinq elevatiI ns, site and fl1or plans. Precise building height compliance shall b1i reviewedf the Community at the time of Plan Check, to the satisfactionI Development Director. In addition: All parking dimensions shall comply with Chapter ..' Iautomatic garage oo be installed on all garagedoor openings and clearly indicated on floorplans. 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 on -site or off -site residential unit. Exterior lighting shall not be deemed finally approved until 30 days after installation, during is erio the Building Official may order the dimming or modification of any illumination o to be excessively brilliant or impacting to nearby properties. ) Any satellite dish antennas and/or similar equipment shall comply with Section 17.6.0. 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 feasible. If providing water -permeable surfaces on at least % of exterior surface area is not feasible and incorporating esres in 8.44.095tote extent practicable to infiltrate the volume of runoff produced by a 0.80 inch twentyfour () hour rain event, then the applicant shall infiltrate runoff on -site. In the event that subsurface infiltration is required, plans shall dcsigaaate the exact, location of the subsurface infiltration system, the applicaant shall enter into a aaaaintetiance agreement with the City (prior to final anap approval) faaa the ongoing infiltration, and provide a surety bond to the Cily to guarantee that on -site, subsurface infiltration is achieved. The amount of the bond shall be deteraaained lay tlae Building Division. All other drainage shall be routed to an off -site facility or on - site permeable area approved by the City. Tot 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. 11 the drainage of surface waters onto the propertyrequires sump pump to discharge said waters onto the street, the property 1 ll record an agreementI 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. I I 1':. agreement mustbe filed with the City prior 1 issuance of the CertificateofOccupancy. 0 V. 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. FI-rior to the submittal of structural plans to the Building Division for Plan Check an 'Acceptance of Condons' affidavit and recording fees shall be filed with the I?Ilanning 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 of 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 W# methI d for illumination shall be shown on plans. Address numbering and display shall be subject to approval by the Community Development Department. 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, 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. 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. 14, A plan for urban and storm water runoff controls approved by Public Wort" Department shall be set forth on the construction plans in accordance wi Chapter 8.44 and Section 8.44.090, and the applicant shall at all times comply wi the required best management practices. I N 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 Mai) 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 three units in lieu of on -site pari-i land 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. 22. Prior to issuance of a Building Permit, abutting property owners and residen within 100 feet of the project site shall be notified of the anticipated date f cI mmencement of construction. a) The form of the notification shall be provided by the Planning Division of t Community Development Department. b) Building permits will not be issued until the applicant provides an affidav certifying mailing of the notice. 23. Project construction shall conform to the Noise Control Ordinance req o805uireme I in Sectin .24.0o . Allwed hours oo of cnstructin shall be printed on bd the uil plans and posted at construction site. 11 24. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. Other: 25. 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 Parcel Map shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a building permit. 26. 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. 27. The Planning Commission may review this Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel 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. 28. 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 Parcel 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") Z from and against any claim, action, or proceeding brought by a third party against t indemnified parties and the applicant to attack, set aside, or void any permit or approval for th project authorized by the City, including (without limitation) reimbursing the City its actu attorney's fees and costs in defense of the litigation, The City may, in its sole discretion, elect defend any such action with attorneys of its choice, I The permittee shall reimburse the City for any court and attorney's fees which the City may required to pay as a result of any claim or action brought against the City because of this gr Although the permittee is the real party in interest in an action, the City may, at its so] discretion, participate at its own expense in the defense of the action, but such participation sh not relieve the permittee of any obligation under this condition. I 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, All en,Flaherty, S aemann,Cl-unn. Pizer None I hereby certify the foregoing Resolution P.C. 15-26 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa each, California, at its regular meeting of October 20, 2015. f V V . ................... ... ... ..........m. Ron Pizer, Chairman kol lWbertson, Secretary October 20, 2015 Date 10