HomeMy WebLinkAboutPC Resolution 14-08 - (930 6th St)P.C. Resolution 14-8
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 #66986 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 930 6tn
STREET, LEGALLY DESCRIBED AS LOTS 1, 2 AND 3, CAMINO REAL
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 on April 14, 2014 by Big Red Neb, LLC, owner of real
property located at 930 6t" Street, seeking approval of Conditional Use Permit 14-6, Precise
Development Plan 14-6, and Vesting Tentative Parcel Map #66986 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 May 20, 2014, 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 an existing duplex and develop a two -unit detached
residential condominium project.
2. The subject property contains 4,342 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 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 units per acre,
and as conditioned complies with all standards.
2. The site is physically suitable for a two -unit residential condominium consisting of two
buildings, with both units containing 3-stories with a roof deck and two -car garage. Two guest
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parking spaces are provided in tandem with each garage; one space for the required guest parking
and one space to replace two on -street spaces eliminated by a curb cut.
3. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, parking and construction requirements, and therefore are not likely to
cause public health problems. The project as conditioned will provide permeable surfacing and
stormwater retention facilities to the maximum extent feasible per Section 8.60.070(B)(7) and any
additional non -percolated or retained stormwater will be conveyed to an onsite subsurface infiltration
system as required by Section 15.48.020 (A4.106.4) subject to maintenance agreements.
4. The property is accessed via Pine Street, a public street, and does not exhibit dedicated
public easements; therefore, the subdivision and improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision.
5. Design of the proposed subdivision as conditioned is compatible and consistent with
applicable elements of the City's General Plan and the immediate environment, being consistent
with purposes of the designation, density and development standards, and parking, access and
services are provided.
6. The project as conditioned including provision of sold waste facilities will conform to all
zoning and condominium standards and will be compatible with neighboring properties, which are
developed with similar residential uses.
7. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat because the project is categorically exempt from CEQA pursuant to CEQA Guidelines
Sections 15303(b).
8. The proposed subdivision will be consistent with the prevailing lot pattern and not reduce
property values in the surrounding neighborhood area because the project is similar to surrounding
development, consists only of the division of airspace at less than the maximum density allowed,
and conditions have been placed on the project to ensure compatibility.
9. The granting of the subdivision will result in division of a conforming sized and configured
lot into airspace for condominium units of size and design conforming to the R-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 3-stories with a roof deck, a two -car garage and a
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two guest parking spaces in tandem with each garage. Unit A contains 2,805 square feet of
habitable area and Unit B contains 2,789 square feet of habitable area.
3. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supply all required off-street parking, sidewalks, and safe access from
a public street, will not cause substantial traffic impacts due to minimal increase in density, and will
comply with all construction requirements.
4. Design of the proposed subdivision as conditioned is compatible and consistent with the
immediate environment, including maintenance of water quality and reduction of marine pollution
via onsite retention of stormwater to compensate for loss of permeable surfaces and landscaping to
enhance aesthetics, being consistent with purposes of the designation, all density and development
standards, and access and services are provided. An in -lieu Park and Recreation Area Dedication fee
is required for each unit.
5. The proposed project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring residential properties which
also contain two- and three-story single and multiple -family residences. The project as conditioned
complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,400 square feet,
the 30 feet height limit is met, and the front setback is greater than the 5' minimum required. Site
redevelopment will create two driveways and subsequent curb cuts along Pine Street and increase
the height of the majority of the building. Decks and outdoor gathering areas are oriented to the
west on the third floors and the south on the roofs. Close proximity to adjacent buildings is common
within the City's residential areas and extraordinary privacy issues are not anticipated.
6. All utilities will be placed underground, integrated into the design, separately metered and
independently provided in each unit. Stormwater runoff will be minimized and a final landscape
plan shall be provide per the Green Building, Water Efficient, Water Conservation and
Condominium landscape standards and the required landscape plan shall be provided, per Sections
8.60.070(B)(7), 15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070.
Section 7. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a three -
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
May 20, 2014, 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:
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a) Design and construction shall comply with Section 17.22.060 except as specifically
stated in this Resolution.
b) Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied per Section 15.32.140.
c) The requirements of Section 17.22.060(F) and (G) shall be shown on structural
plans and reviewed at the time of Building Division Plan Check.
d) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E).
e) Designated, screened solid waste storage areas, a minimum of 2.5' x 2.5' (length
times width) each, for three solid waste storage bins shall be shown on the site plan
compliance with Chapter 8.12.
3. The submitted Covenants, Conditions, and Restrictions (CC&Rs) shall be reviewed
and approved by the Community Development Director and City Attorney in
conformance with Section 17.22.050 and conditions of this approval prior to the
issuance of Building Permits.
a) Proof of recordation of approved CC&Rs shall be submitted to the Community
Development Director within three (3) months after recordation of the Final Map.
b) A 10' x 10' x 14' triangular area of the site at the northwest corner of 6th Street and
Pine Street shall not contain any tree, fence, shrub or other physical obstruction
higher than thirty-six (36) inches above the established curb grade.
c) Two guest spaces shall be provided on each driveway to provide required guest
parking and to replace two lost on -street parking spaces.
4. The project shall comply with all requirements of the Building Division, Public Works
Department, and Fire Department, and the Hermosa Beach Municipal Code.
Building Plans:
5. Two copies of a 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.
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)
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6. Architectural treatments and accessory facilities shall be as shown on building
elevations, site and floor plans. Precise building height compliance shall be reviewed at
the time of Plan Check, to the satisfaction of the Community Development Director. In
addition:
a) All parking dimensions shall comply with Chapter 17.44. Roll -up automatic garage
doors shall be installed on all garage door openings and clearly indicated on floor
plans.
b) Driveway transitions shall comply with Section 17.44.120(D).
c) All exterior lighting shall be down cast, fully shielded and illumination shall be
contained within the property boundaries. Lighting shall be energy conserving and
motion detector lighting shall be used for all lighting except low-level (3 feet or less
in height) security lighting and porch lights. Lamp bulbs and images shall not be
visible from within any onsite or offsite residential unit. Exterior lighting shall not
be deemed finally approved until thirty days after installation, during which period
the building official may order the dimming or modification of any illumination
found to be excessively brilliant or impacting to nearby properties.
d) Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
7. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of Section
15.48.020 and install permeable surfaces in the driveway, guest parking space and other
non -landscaped areas to the maximum extent feasible. Curb inlets to allow drainage to
landscape shall be installed. If providing water permeable surfaces on at least 50% of
exterior surface area is not feasible and incorporating measures in 8.60.070(H) to the
extent practicable to infiltrate the volume of runoff produced by a 0.75 inch storm event,
the applicant shall infiltrate runoff onsite. In the event that subsurface infiltration is
required, plans shall designate the exact location of the subsurface infiltration system,
the applicant shall enter into a maintenance agreement with the City (prior to final map
approval) for the ongoing infiltration, and provide a surety bond to the City to guarantee
that onsite, subsurface infiltration is achieved. The amount of the bond shall be
determined by the Building Division. All other drainage shall be routed to an offsite
facility or onsite permeable area approved by the City. To the extent possible, a
portion of roof drainage shall be routed to onsite permeable areas. No drainage shall
flow over any driveway or sidewalk.
If the drainage of surface waters onto the property requires a sump pump to discharge
said waters onto the street, the property owner(s) shall record an agreement to assume
the risk associated with use and operation of said sump pump, release the City from
any liability, and indemnify the City regarding receipt of surface waters from the
property. The recorded agreement must be filed with the City prior to issuance of the
Certificate of Occupancy.
8. The plans and construction shall comply with all requirements of the Building Code in
Title 15 and Green Building Standards in Chapter 15.48. Water conservation
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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.
Final Map and Certificate of Occupancy
12. The Final Map shall comply with all requirements of the Subdivision Map Act and
Chapter 16.08 of the Municipal Code.
13. Prior to filing of the Final Map, applicant shall pay to the City of Hermosa Beach a
Park and Recreation Area Dedication fee for each unit in lieu of onsite parkland
dedication pursuant to Chapter 16.12.
14. 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
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.
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. 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.
17. 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.
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.
19. A plan for urban and stormwater runoff controls approved by Public Works
Department shall be set forth on the construction plans in accordance with Chapter
8.44 and Section 8.44.090, and the applicant shall at all times comply with the required
best management practices.
Other:
20. 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.
21. The Planning Commission may review this Conditional Use Permit and 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.
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.
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Section 8. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all of
the conditions of this grant.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development Department
prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void any permit or approval for this project
authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees
and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attorneys of its choice.
The permittee shall reimburse the City for any court and attorney's fees which the City may be
required to pay as a result of any claim or action brought against the City because of this grant.
Although the permittee is the real party in interest in an action, the City may, at its sole 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. 14-8 is a true and complete record of the action taken by the
Pkitinir g Commission of the City of Hermosa Beach, California, at its regular meeting of May 20, 2014,
Kent Ilen, iaGrn amm 1 r� :C�c ,)erEsoti, Secretary
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May20, 2014 a......................................................................w
Date
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