HomeMy WebLinkAboutPC Resolution 14-11 - (60 Hermosa Ave)P.C. RESOLUTION 14-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, APPROVING A PRECISE DEVELOPMENT PLAN, A
CONDITIONAL USE PERMIT AND A PARKING PLAN TO ALLOW A
MIXED -USE DEVELOPMENT CONSISTING OF AN APPROXIMATELY 570
SQUARE FOOT COMMERCIAL SPACE AND 2,800 SQUARE FOOT
RESIDENTIAL UNIT WITH LESS THAN REQUIRED PARKING
RECOGNIZING THAT ADEQUATE PARKING WILL BE PROVIDED WITH
TANDEM COMMERCIAL AND REDUCED WIDTH COMMERCIAL AND
GUEST PARKING SPACES IN THE C-1 ZONE, AT 60 HERMOSA AVENUE,
LEGALLY DESCRIBED AS LOT 6, BLOCK 41, FIRST ADDITION TO
HERMOSA BEACH, 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 Shawn Chen, owner of real property located at 60
Hermosa Avenue, seeking approval for Precise Development Plan 14-10, Conditional Use Permit
14-2 and Parking Plan 14-5 to allow the construction of a mixed -use development building with one
residential unit above a commercial use on the ground level and with tandem commercial and
reduced width commercial and guest parking spaces in the C-1 zone.
Section 2. The Planning Commission conducted duly noticed public hearings to consider
the subject application on June 17, 2014 and July 15, 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 pursuant to CEQA Guidelines Sections 15303(a) and 15303(c) because the project consists of
infill development on an urban site zoned for a mixed -use development, the project as conditioned
and with the Parking Plan will comply with the General Plan and zoning code, no variances are
requested, and the project is within an urban area with access and available services.
Section 4. Based on evidence received at the public hearing, the Planning Commission
makes the following factual findings:
1. The subject property is an interior 2,399 square foot, through -lot located at 60 Hermosa
Avenue, with access from Palm Drive. The subject property is currently undeveloped, with a 200
square foot unpermitted storage shed located at the southwest corner. The applicant proposes to
demolish the shed and construct a three -level mixed -use building with parking and commercial use
and the entry for one residential unit on the ground level, and the residential living space on the
second and third levels.
2. The subject property is designated Neighborhood Commercial in the General Plan and is
in the C-1 Neighborhood Commercial Zone. A Conditional Use Permit is required pursuant to the
C-1 permitted use list of Section 17.26.030 of the Zoning Ordinance, which allows "Residence:
Residential uses above ground floor commercial uses(s), including condominium developments" as
a conditionally permitted use and the project must comply with standards for mixed use
development in C-2 zones in Section 17.40.180. Per the C-1 regulations, residential units must also
conform to the R-3 zoning requirements. A Precise Development Plan is required pursuant to
Chapter 17.58 for new construction of more than 1500 square feet.
3. The Planning Commission held a public hearing on June 17, 2014 and expressed
concerns regarding inconsistency of the proposed design and scale of the commercial component
alone and in relation to the residential component to support a viable commercial use consistent
with the purpose of the C-1 zone, and the Commission requested the applicant to modify the plans
for the commercial use increasing its size and prominence from the street. Staff worked with the
applicant to increase the size of the commercial unit from 374 to 570 square feet (17.7% of building
size) with a zero building setback and a direct entry from Hermosa Avenue, provide a floor -to -
ceiling glass wall system along the frontage which serves to promote interaction between the
pedestrian and the commercial use and support the viability of the commercial use, along with
providing sufficient area on the fagade for signage for the future commercial tenant; the ground
level restroom has been relocated from the building's lobby to within the commercial unit. Due to
the increase in size, two parking spaces are required for the commercial use. To accommodate all
parking, the applicant on July 15, 2014 also requested a Parking Plan to provide less than the
required parking, with one commercial compact space and one accessible space in tandem, and a
substandard residential guest space with a width of 8 feet, 3.5 inches.
Section 5. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Precise Development Plan, and
Conditional Use Permit pursuant to Sections 17.40.020, 17.40.180 and 17.58.030 of the Municipal
Code:
1. The project is consistent with the General Plan Neighborhood Commercial designation
and R-3 zone because the project is an allowed use and has a residential density of less than 33 units
per acre, and as conditioned complies with all standards.
2. The site is zoned C-1 and is physically suitable for a three -level mixed use building
containing ground floor parking, 570 square feet commercial space with restroom, and 2,820 square
foot residential unit with entrance on the ground floor and living area on the second and third floors.
Two parking spaces are provided for the commercial unit, of which one is an accessible parking
space with the required 4-foot accessible pathway. Use of the accessible parking space is limited to
individuals with the disabled sticker. The residential unit comprises of a 165 square foot entry lobby
with an elevator and elevator equipment room on the ground floor, and 3 bedrooms, primary living
areas and two large balconies providing 2,655 square feet of habitable area located on the second
and third levels. Two parking spaces for the residential unit are located in an enclosed garage, in -
tandem, and accessed from Palm Drive. A guest parking space is provided in front of the loading
area of the accessible parking space dedicated for the commercial unit.
3. The improvements provide for adequate drainage, sanitation and potable water,
underground utilities, supply all required 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.
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4. The project as redesigned and conditioned is consistent with the General Plan and zoning
code and will ensure compatibility of the proposed density, use and design with neighboring
properties. Landscaping in the front and side yards will improve aesthetics.
5. The project as conditioned will conform to all zoning and municipal code standards. Lot
width exceeds 29 feet, unit size exceeds the minimum requirement, height limits are met, and
residential floor area on the ground level is compliant.
Section 6. Based on the testimony and evidence received, the Planning Commission makes
the following findings pertaining to the application for a Parking Plan pursuant to Section 17.44.210
of the Municipal Code:
1. Two commercial parking spaces are provided in tandem with the accessible parking space
behind a space with compact stall width of 7 feet, 6 inches. California Building Codes requires a 4-
foot accessible travel path from the accessible parking space to the building. This required accessible
travel path reduces the usable area, within a 30-foot wide lot, for the side -by -side parking spaces,
resulting in a residential guest parking space width of 8 feet, 3.5 inches rather than the required 8 feet, 6
inches and a commercial parking space width of 7 feet, 6 inches rather than the required standard width
of 8 feet, 6 inches. Given the physical constraint of the site and the requirement to provide an
accessible space with access travel path, the project cannot provide the full complement of standard
size required parking in a conventional layout.
2. The tandem commercial parking configuration is suitable as the interior parking space,
while only 7 feet, 6 inches wide, is available to the commercial unit for employee parking, and the
accessible parking space will be available all times, thereby reducing on -street parking demand. The
guest space for the residential unit is less than 3 inches narrower than a standard parking space.
Online research revealed that most vehicles are less than 7 feet wide, measured from side mirror to
side mirror and therefore both substandard width parking stalls are functional and provide sufficient
width for parking of most vehicles.
Section 7. Based on the foregoing, the Planning Commission hereby approves Precise
Development Plan 14-10, Conditional Use Permit 14-2 and Parking Plan 14-5 subject to the
following Conditions of Approval:
General:
1. The development of the site, architectural treatments and floor plans and continued
use of the property shall be in conformance with submitted plans reviewed by the
Planning Commission on July 15, 2014 except as required to comply with these
conditions and the Municipal Code. Minor modifications that do not affect scale, type,
location or intensity of uses may be approved by the Community Development
Director when not in conflict with the findings or conditions of this permit.
2. Occupancy of the commercial space on the ground level shall be limited to uses
permitted in the C-1 zone and, further, shall not include residential uses, restaurants,
bars, laundry or dry cleaning businesses, and parking lots or structures per Municipal
Code Section Section 17.40.180.
3. Not more than one commercial tenant shall be permitted and operation of the
commercial use shall be limited to 8:00 a.m. and 10:00 p.m.
4. Precise building height information shall be provided on final project plans, which
shall include corner point elevations provided on a detailed roof plan indicating corner
points of the lot, the location of all property lines and maximum and proposed heights
at the critical points on the roof.
5. 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 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.
b. Solid waste facilities shall comply with Chapter 8.12.
c. Any satellite dish antennas and/or similar equipment shall comply with Section
17.46.240.
d. Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal energy shall also be supplied per Section 15.32.140.
6. A plan for urban and stormwater runoff controls approved by the 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.
7. Plans and construction shall comply with all requirements of the Building Code in Title
15, Green Building Standards in Chapter 15.48 and Section 1207 with respect to sound
transmission.
8. 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.
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.
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% of demolition debris associated with demolition of the
existing improvements and new construction shall be recycled.
12. Prior to the issuance of Building Permits, 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, Planning Division for review and approval.
The Final Plan shall also include the following:
a. The Final Landscaping Plan shall comply with Sections 8.60.070, 8.56.070 and
17.40.180 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).
c. All landscaping shall be well -maintained at all times. Landscaping shall be
replaced consistent with the approved Landscape Plan when dead or dying.
13. 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.
14. 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.
15. The project shall comply with all requirements of the Building Division, Public Works
Department, including any required improvements to the curb gutter or drainage on
the public right-of-way, and Fire Department, and the City of Hermosa Beach
Municipal Code.
16. Project construction shall protect private and public property in compliance with
Sections 15.04.070 and 15.04.140. No structures or elements associated with the use or
its construction, and 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. 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.
a. Construction equipment shall be well maintained and a no idling requirement
will be implemented.
18. The address of each 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. Addressing numbering and display subject to approval by the
Community Development Department.
19. All signs associated with the commercial use shall comply with applicable requirements
in Chapter 17.50. A sign permit shall be obtained for all commercial signs. Any
illumination for commercial signage shall be turned off between the hours of 10:00
p.m. and 8:00 a.m.
20. Noise emanating from the property shall be within the limitations prescribed by the
City's noise ordinance and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments. The business shall comply in all
other respects with Municipal Code Chapter 8.24 (Noise Control) and noise from the
premises shall not constitute a public nuisance.
a. No audio or video devices of any type shall be permitted outside the building or
on the patio/entry courtyard fronting Hermosa Avenue.
21. The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times, and adequate trash and recycle containers shall
be provided within the establishment to reduce litter and contaminants on the public
right-of-way per Chapter 8.12.
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Parking•
22. Two residential plus one guest space shall be provided. Two commercial spaces in
tandem shall be provided. Enclosed tandem parking and guest parking for the
residential unit shall be permanently and exclusively assigned to the residential unit.
Use of the guest space shall not interfere with the accessible parking loading zone or
path of travel.
23. All parking spaces, both residential and commercial, 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 in the residential garage.
24. Sign(s) shall be posted within the parking garage indicating the guest parking space is
for use solely by guests of the residential unit.
25. The accessible parking space and loading area for the commercial unit shall be signed
and demarcated as required by law.
Other•
26. An approved coastal development permit from the California Coastal Commission
shall be filed with the City prior to issuance of demolition, shoring and construction
permits.
27. 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
shall be recorded and proof of recordation shall be submitted to the City of Hermosa
Beach.
28. 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.
29. 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.
Section 8. Each of the above conditions is separately enforceable and, if one of the
conditions is found unenforceable by a court of law, all other conditions shall remain valid and
enforceable.
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To the extent permitted by law, the Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void or annul this Conditional Use
Permit. The City shall promptly notify the Permittee of any claim, action or proceeding and the
City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any
claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall
not thereafter be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney's fees that 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 Conditional Use Permit.
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. 14-11 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 Rd 15, 2014.
Kent A1,166, Secretary
Juli_15, 2014
Date