HomeMy WebLinkAboutPC Resolution 14-05 - (824 1st St)P.C. RESOLUTION 14-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE
TRACT MAP #72447 FOR A SIX (6) UNIT COMMERCIAL CONDOMINIUM
CONVERSION PROJECT AT 824 1ST STREET PURSUANT TO SECTION
17.22.160 OF THE ZONE CODE, LEGALLY DESCRIBED AS LOT 6, EXCEPT
THE S'LY 30 FEET THEREOF, M.B. 10-169, TRAFTON HEIGHTS TRACT,
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 by Matt Sridhar, Se-Socal, LLC, owner of property
located at 824 1st Street, seeking approval of a Conditional Use Permit, Precise Development
Plan, and Vesting Tentative Tract Map #72447 for conversion of an existing commercial
building into a six (6) unit commercial condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
subject application on February 18, 2014, at which 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 15301(a) because the project consists of
exterior and interior repair and remodeling of an existing two-story office building.
Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The applicant filed applications for a Precise Development Plan, Conditional Use Permit
and Vesting Tentative Tract Map to repair and remodel an existing two-story office building with
ground level garage and to convert it to a six -unit commercial condominium project, consisting
of six office suites, Units A, B, C, D, E, and F ranging in size from 442 to 537 square feet.
2. The project will be accessed by an 18-foot wide driveway on 1st Street leading to the
enclosed garage with 12 parking spaces.
3. The subject property is 5,578 square feet, is classified CC Commercial Corridor in the
General Plan, and is zoned Specific Plan Area No. 7 which allows for the subject proposed
commercial use.
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
California Government Code Section 66474 and Section 16.08.060 of the Municipal Code:
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1. The proposal is consistent with the General Plan and Specific Plan Area No. 7 zone
because the project is an allowed use and as conditioned complies with all zoning and municipal
code standards as substantiated in the staff report.
2. The site is minimally sloping and is physically suitable for a six -unit commercial
condominium within an existing two-story building and parking garage that provides 12
independently accessed parking spaces to serve the project, including one disabled space, four
compact and seven standard spaces to be shared between the units.
3. The subdivision and improvements required provide for adequate drainage, sanitation and
potable water, underground utilities, access and parking, and therefore the subdivision is not
likely to cause public health problems.
4. The property 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 is compatible and consistent with applicable elements
of the City's General Plan and the immediate environment which is developed with a variety of
commercial and multi -family uses, 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 within the same zone, which are developed with
similar commercial and multi -family uses.
7. 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 and the project is categorically exempt from CEQA pursuant to CEQA Guidelines
Section 15301(a).
8. The proposed subdivision will be consistent with the prevailing density 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, consistent with the maximum
square footage allowed, and conditions have been placed on the project to ensure compatibility.
Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a 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 Commercial Corridor General Plan designation and
Specific Plan Area No. 7 zone because the project is an allowed use and as conditioned complies
with all applicable standards.
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2. The site is zoned Specific Plan Area No. 7 and is physically suitable for a six -unit
attached commercial condominium project, with each unit containing a private office, bathroom
and deck area. The project will convert an existing 2-story office building built in 1979 that is
currently vacant. The proposed offices are located on the second floor and contain the following
areas of office/deck space: Unit A (fronting 1 st Street): 503 square feet of office and 211 square
feet of deck; Unit B: a 537 square foot office and 226 square foot deck; Unit C: 442 square
foot office and 208 square foot deck; Unit D: 453 square foot office and 214 square foot deck;
Unit E: 501 square foot office and 214 square foot deck; Unit F: 511 square foot office and 58
square foot deck. Each unit has access to a twelve -car garage located on the ground level
accessed via an 18-foot driveway.
3. The subdivision and improvements as conditioned provide for adequate drainage,
sanitation and potable water, underground utilities, off-street parking and safe access from a
public street, will not cause substantial traffic impacts, and will comply with all construction
requirements including but not limited to best management practices. Curb, gutter and sidewalk
and driveway encroachment, as applicable, will be constructed to Public Works specifications.
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 in existing permeable surfaces and upgrading of
landscaping to enhance aesthetics, being consistent with purposes of the designation, and all
development standards, and access and services are provided.
5. The project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring properties. Landscaping
in the front will improve aesthetics and the project is conditioned to require a minimum of three
36-inch box trees onsite. An existing architectural projection into the public right-of-way at the
second floor, at the building north-east corner will be required by condition to be modified so
that it is fully maintained on private property.
6. The project as conditioned will conform to all applicable zoning and condominium
standards in Section 17,22.310 through 17.22.390 and will be compatible with neighboring
commercial properties which also exhibit one- and two-story commercial and 3-story
multi -family uses. Lot width is conforming, office suite sizes are reasonably sized, and height
limits and applicable yards and setbacks are conforming. Alteration of natural features is not
significant given the existing developed condition of the site. A final landscape plan shall be
provided per the Green Building, Water Efficient, and Water Conservation and Condominium
landscape standards 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 14-2, Precise Development Plan 14-2, and Vesting Tentative Tract Map
#72447 for a six -unit commercial condominium conversion project subject to the following
Conditions of Approval:
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General
1. The development and continuous use of the property shall be in conformance with
submitted plans received and reviewed by the Planning Commission at its meeting
of February 18, 2014. The Community Development Director may approve minor
modifications that do not otherwise conflict with the Municipal Code or
requirements of this approval.
2. Use of the building for uses with a greater parking demand than one space per 250
square feet are not allowed, unless or until a Parking Plan is approved by the city.
Restrictions in uses shall be included in the project Covenants, Conditions, and
Restrictions (C, C, and R's).
3. The project shall fully comply with all requirements of the Specific Plan Area No. 7
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 17.22.340 unless 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) shall be applied and shown on
structural plans and reviewed at the time of Building Division Plan Check.
4. 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 17.22.120 of the Municipal Code 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) CC&Rs shall incorporate the requirements of Sections 8.60.070(B) (7),
15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070 of the Municipal Code
addressing water conservation, landscaping and its maintenance, and
stormwater runoff elements and facilities.
5. 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.
6. 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
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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. A minimum of two 36-inch box size non-invasive
drought -tolerant trees shall be provided.
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).
c) Proposed landscaping and surface material change in the right-of-way along the
frontage is subject to an Encroachment Permit and Public Works approval.
7. 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) Applicant shall work with Staff to minimize the architectural projection into the
public right-of-way on the second floor at the north east building corner with
regard for the architectural effect.
b) All parking dimensions shall comply with Chapter 17.44 of the Municipal Code.
In addition, all parking spaces shall be clearly and appropriately labeled i.e.
"compact" or "standard" and all parking spaces shall remain open and
accessible to occupants and visitors of all six units during the hours of operation,
and the CC&Rs shall reflect this condition. Roll up automatic garage doors
shall be prohibited during the building business hours.
c) 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.
d) Solid waste (refuse and recycling facilities) shall comply with Chapter 8.12 of the
Municipal Code.
e) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240 of the Municipal Code.
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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 of the Municipal Code.
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 and Final Landscape Plan, including site,
elevation and floor plans, which are consistent with the conditions of approval of
this Conditional Use Permit, Precise Development Plan and Tract Map, shall be
reviewed and approved by the Planning Division for consistency with Planning
Commission -approved plans and this Resolution prior to the submittal to the
Building Division for Plan Check.
10. Prior to the submittal of structural plans to the Building Division for Plan Check an
`Acceptance of Conditions' affidavit and recording fees shall be filed with the
Planning Division of the Community Development Department stating that the
applicant/property owner is aware of, and agrees to accept, all of the conditions of
this grant of approval.
11. The applicant shall submit all required plans and reports to comply with the City's
construction debris recycling program including manifests from both the recycler
and County landfill; at least 65 percent of demolition debris associated with
demolition of the existing improvements and new construction shall be recycled.
12. The approved address of each condominium unit shall be conspicuously displayed
on the street side of each unit with externally or internally lit numbers and the
method for illumination shall be shown on construction plans. Address numbering
and display shall comply with Section 15.40.020 and be subject to approval by the
Community Development Department.
Final Map 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 approval of the Final Map, and prior to issuance of any 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
15. 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.
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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.
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
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. The project shall comply with the 65% demolition debris recycling requirement set
forth in Section 15.48.020.
21. The Planning Commission reserves the right to review this Conditional Use
Permit or Precise Development Plan at any time 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.
22. 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
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Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development
Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to
defend any such action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 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. Flaherty, Perrotti, Pizer, Chmn. Hoffman
NOES: None
ABSTAIN: None
ABSENT: Comm. Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 14-5 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 February 18, 2014.
Peter f 1 I"1'hi" , Chairman
bruary 18 2014
Date
Iii, Secretary