HomeMy WebLinkAboutPC Resolution 14-07 - (1818 PCH)P.C. RESOLUTION 14-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF A GENERAL PLAN, LAND USE ELEMENT, LAND USE
MAP AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO
MEDIUM DENSITY RESIDENTIAL (MD) AND TEXT AMENDMENT
FOR CONSISTENCY; APPROVING A CONDITIONAL USE PERMIT,
PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT
MAP #72717 FOR A SEVEN -UNIT CONDOMINIUM PROJECT AT 1818
TO 1834 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS
LOTS 26,27 &28, BLOCK 1 JOHNSON & NEWMAN'S CAMINO REAL
TRACT & LOT 5 OF TR. 6054, CITY OF HERMOSA BEACH,
CALIFORNIA; AND DETERMINE THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section 1. An application was filed on May 12, 2014 by Rayburn Properties, LLC, owners
of real property located at 1818 to 1834 Pacific Coast Highway, seeking approval of General
Plan Amendment 14-4 to amend the Land Use Element, Land Use Map and Text, and
Conditional Use Permit 14-9, Precise Development Plan 14-13, and Vesting Tentative Tract Map
#72717 to develop a seven -unit residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
subject application on August 19, 2014, at which time testimony and evidence, both written and
oral, was presented to and considered by the Planning Commission.
Section 3. The proposed General Plan Amendment is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3) of Title 14 of the California Code of Regulations because the project implements the
program and specific text within the Land Use Element recommending the Land Use Map to be
amended from Commercial Corridor to Medium Density Residential consistent with the Zoning
Map and current zoning for reasons stated in the General Plan and said property is currently
developed with six residential uses consistent with the proposed General Plan amendment, and is
located within an urbanized area with availability of services. The proposed development is
Categorically Exempt per CEQA Guidelines Section 15322 because the project will be
constructing residential condominiums on an existing urbanized site of less than five acres, will
be consistent with general plan policies and designations, would not result in significant effects
to traffic noise, air quality, or water quality, and the site currently exhibits adequate utilities and
public services.
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Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The property is designated Commercial Corridor on the Land Use Map, and R-2 Two -
Family Residential on the City Zoning Map.
2. The General Plan Land Use Map is proposed to be amended from Commercial Corridor
(CC) to and Medium Density Residential (MD) and the Land Use Element Text is proposed to be
amended to remove the subject properties from the map inconsistency discussion in Volume I of
the Land Use Element, as shown in Exhibits A and B.
3. The Precise Development Plan, Conditional Use Permit and Tentative Map would allow
demolition of six (6) nonconforming residential units and to construct seven (7) three-story
residential condominium units, four (4) of which are detached and three (3) of which are
attached.
4. The majority of the subject lots have been historically used primarily as residential uses
while the nonconforming mixed -use building at 1818 to 1824 Pacific Coast Highway was
permitted in 1951 to be used as a gift shop with living quarters above. Below is a table
summarizing the surrounding uses:
Location
General Plan
Zoning
Uses
Notes
Designation
aa
.
High
S6M.._u.
Multi -family
Directlyacross Pacific Coast Hi hway i:s..
West
Res Densty
3
residential
facility ant for living and another
�
multi -family residential building,
Density
Single-family
Directlyo rear of the property are single y
Y in le family
EastLow
Residential
R-1
residential
.
_............. ..._ .._.-
a ...
Properties between 18`" Street and 20"' Street
are zoned R-2, exhibit residential uses, however
Commercial
Multi -family
the General Plan Map designation is
North
Corridor and
R-2
residential,
Commercial Corridor.
Medium Density
single-family
Properties between 20`" Street and 21s1 Street
Residential
residential
are zoned R-2, exhibit residential uses, and are
designated Medium Density Residential on the
General Plan Map.
Properties southerly adjacent exhibit multi-
Multi -family
family uses
Commercial
R-2
residential,
The first three lots south of 18`" St exhibit
South
Corridor
SPA-8
single-family
residential uses and are zoned SPA-8.
residential and
Starting at the northeast corner of 17`" St and
commercial
going south the lots exhibit commercial uses.
The City revised the Land Use Element of the General Plan in 1994. Volumes I and II both
address inconsistencies between the General Plan Map and Zoning Map and recommend
different and inconsistent actions. Volume II recommends redesignating the 1800 and 1900
blocks along the east side of Pacific Coast Highway on the Land Use Map as Medium Density
Residential based on the commercial compatibility issues cited in the rezone from 1990 as well
as the existing residential character of the surrounding neighborhood. Volume 1 recommends
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rezoning the 1800 and 1900 block along the east side Pacific Coast Highway from R-2 to
Commercial S.P.A. Specific Plan Area and is shown in Exhibit B.
Section 5. Based on the foregoing findings, the Planning Commission makes the
following findings pertaining to the General Plan Amendment:
1. The proposed amendment would implement the recommendation in Volume II of the
Land Use Element shown in Exhibit B. The Medium Density Residential designation would be
consistent with the surrounding residential neighborhood exhibited along the east side and west
side of Pacific Coast Highway from 17`" Street to 21" Street as well as the residential
neighborhood to the rear. The General Plan text in Volume II provides an analysis and rationale
for redesignating the subject property for residential uses consistent with the then- and currently -
existing uses on the subject site and the neighborhood.
2. While it is reasonable to argue that Pacific Coast Highway should be used exclusively
for commercial purposes since it is an arterial highway with high levels of traffic and visibility,
the area with which the subject lots are located, east and west side of Pacific Coast Highway
from 17th Street to 215Y Street, currently exhibits primarily residential uses
3. As indicated by the denial of a zone change from R-3 to C-3 in 1981 and the approved
zone change in 1990 from R-3 to R-2, commercial enterprises on the subject lot would be
inconsistent with the surrounding residential environment and given that the neighborhood
continues to be residential the rationale for the General Plan recommendation to redesignate the
site to Medium Density Residential appears to remain valid.
Section 6. Based on the testimony and evidence received, the Planning Commission
makes the following findings pertaining to the application for a Tentative Tract Map pursuant to
California Government Code Section 66474 and Section 16.08.060 of the Municipal Code:
1. Contingent upon approval of General Plan Amendment 14-4, the proposal will be
consistent with the Medium Density Residential Designation and R-2 zone because the project is
an allowed use and has a density of less than 25 units per acre, and as conditioned complies with
all standards.
2. The site is physically suitable for a seven -unit residential condominium, with all units
containing three levels and a two -car garage. Two covered spaces are provided for each unit with
four (4) shared guest spaces and one (1) designated guest space.
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.
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4. The property is accessed via Pacific Coast Highway 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. Contingent upon approval of General Plan Amendment 14-4, design of the proposed
subdivision as conditioned will be 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
Section 15332.
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-2
zone and condominium ordinance.
Section 7. 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. Contingent upon approval of General Plan Amendment 14-4, the proposal will be
consistent with the General Plan Medium Density Residential designation and R-2 zone because
the project is an allowed use and has a density of less than 25 units per acre, and as conditioned
complies with all standards.
2. The site is zoned R-2 and is physically suitable for a seven -unit residential condominium.
All units contain 3 levels, a two -car garage and a roof deck. Four (4) shared guest parking spaces
and one (1) designated guest parking space are provided on the property. The habitable area of
each unit are as follows; Unit A = 2,036 square feet, Unit B = 2,036 square feet, Unit C = 2,036
square feet, Unit D = 2,244 square feet, Unit E = 2,262 square feet, Unit F = 2,239 square feet,
and Unit G = 2,063 square feet.
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
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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 project is consistent with the zoning density and 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 1,400 square feet, the 30 feet height limit is met, and the front setback is
equal to the 5 foot minimum required. Site redevelopment will increase the height of the
majority of the building. Balconies for each unit are located on the second and third levels and
are westerly facing. Each unit contains a roof deck ranging in size from 350 square feet to 560
square feet. Unit A provides a balcony on the second level primarily facing 25t" Street, and Unit
B provides a second level balcony facing the rear yard. Yard areas meet minimum requirements
and topographical conditions (steep slope from east to west, approximately 13 feet drop in 130
lineal feet) of the immediate area reduce the likelihood of extraordinary impacts due to close
proximity of outdoor gathering areas and neighboring buildings.
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. A landscape plan
was not submitted; a minimum of two 36 inch box trees are required as conditioned.
Section 7. Based on the foregoing, the Planning Commission hereby recommends
approval of General Plan Amendment 14-4 amending the Land Use Element, Land Use Map
from Commercial Corridor to Medium Density Residential and amending the text in Land Use
Element, Volume I, page 2, Area 4 by deleting "1818, 1820, 1822, 1830, 1834" and, on page 6,
removing the shading from the subject property, as shown in Exhibits A and B attached hereto.
Section 8. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit 13-15, Precise Development Plan 13-16, and Vesting Tentative Tract
Map #72717 for a seven -unit residential condominium project subject to the following
Conditions of Approval:
General:
1. Approval of the Conditional Use Permit, Precise Development Plan and Tentative
Tract Map is contingent on approval of proposed General Plan Amendment 14-4.
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2. 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 19, 2014. The Community Development Director may approve minor
modifications that do not otherwise conflict with the Municipal Code or
requirements of this approval.
3. The subject lots shall be combined into one legal parcel via a Boundary Line
Adjustment and recorded prior to issuance of a building permit.
4. The project shall fully comply with all requirements of the R-2 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) The curb cut and driveway shall be a minimum of 16 feet in width.
c) Conduit to accommodate roof mounted alternative energy equipment for
solar energy and solar thermal shall be supplied per Section 15.32.140.
d) The requirements of Section 17.22.060(F) shall be shown on structural plans
and reviewed at the time of Building Division Plan Check.
e) A minimum of 300 square feet of open space shall be provided for each unit.
f) A minimum of 700 square feet of shared open space shall be provided on the
lot and shall be accessible to each unit.
g) A minimum of 200 cubic feet of storage area shall be provided for each unit.
Designated storage shall be clearly shown on plans.
h) Architectural articulation shall be added to the east and north elevations to
the satisfaction of the Community Development Director.
5. 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 of the Municipal Code and conditions of this
permit prior to the issuance of Building Permits.
a) Guest parking spaces shall remain open and accessible to guest of all units,
rather than being used for storage or any other purposes, and the CC&Rs
shall reflect this condition, excluding the guest parking space in -tandem with
Unit G (north east corner unit) garage which is designated for Unit G.
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b) 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.
c) 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.
6. The project shall comply with all requirements of the Building Division, Public
Works Department and Fire Department, and the City of Hermosa Beach
Municipal Code.
7. Two copies of a Final Landscaping Plan, consistent with landscape plans approved
by the Planning Commission, indicating size, type, quantity and characteristics of
landscape materials shall be submitted to the Community Development Department
for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a) The Final Landscaping Plan shall comply with Sections 17.22.060(H) and
8.60.070 of the Municipal Code to the satisfaction of the Community
Development Director. A minimum of three 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).
8. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be
reviewed at the time of Plan Check, to the satisfaction of the Community
Development Director. In addition:
a) All parking dimensions shall comply with Chapter 17.44 of the Municipal
Code. Roll -up automatic garage doors shall be installed on all garage door
openings and clearly indicated on floor plans.
b) 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.
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c) Any satellite dish antennas and/or similar equipment shall comply with
Section 17.46.240 of the Municipal Code.
9. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of
Section 15.48.020 of the Municipal Code and install permeable surfaces in the guest
parking space and other non -landscaped areas to the maximum extent feasible. Curb
inlets to allow drainage to landscape shall be installed. If providing water permeable
surfaces on at least 50 percent of exterior surface area and incorporating measures
in 8.60.070(H) to the extent practicable to infiltrate the volume of runoff produced by
a 0.75 inch storm event is not feasible, the applicant shall infiltrate runoff onsite. In
the event that subsurface infiltration is required, construction and civil plans shall
designate the location of the subsurface infiltration system, the applicant shall enter
into a maintenance agreement with the City (prior to Final Map approval) for the
ongoing infiltration, and provide a surety bond to the City to guarantee that onsite
subsurface infiltration is achieved. The amount of the bond shall be determined by
the Building Division. All other drainage shall be routed to an offsite facility or
onsite permeable area approved by the City. To the extent possible, a portion of
roof drainage shall be routed to onsite permeable areas. No drainage shall flow over
any driveway or sidewalk or offsite.
If the drainage of surface waters onto the property requires a sump pump to
discharge said waters onto the street, the property owner(s) shall record an
agreement to assume the risk associated with use and operation of said sump pump,
release the City from any liability, and indemnify the City regarding receipt of
surface waters from the property. The recorded agreement must be filed with the
City prior to issuance of the Certificate of Occupancy.
10. The plans and construction shall comply with all requirements of the Building Code
in Title 15 and Green Building Standards in Chapter 15.48 of the Municipal Code.
Water conservation practices set forth in Section 8.56.070 shall be complied with
and noted on construction plans.
11. 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, 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.
12. 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.
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13. 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.
14. 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
15. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
16. Pursuant to Chapter 16.12 of the Municipal Code the applicant shall pay to the City
of Hermosa Beach Park and Recreation Area Dedication fees for seven (7) unit's in -
lieu of onsite parkland dedication.
17. 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•
18. 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.
19. Prior to issuance of a Building Permit, a civil engineering plan prepared by a
licensed civil engineer, and approved by the Public Works Director, addressing
grading, a driveway encroachment, undergrounding of all utilities, sidewalk, curb
and gutter, 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.
20. 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
California Department of Transportation and/or Public Works Department as
applicable.
21. 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.
22. 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:
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.
24. 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.
25. The Planning Commission may review this Conditional Use Permit or Precise
Development Plan 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.
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.
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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,Hoffman,Perrotti,Pizer,Chmn.Allen
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 14-17 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 19, 2014,
a
Kent Allen, Chairman elc 16bertson, Secretary
August 19 2014
Date
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