HomeMy WebLinkAboutPC Resolution 14-21 - (1720 Prospect Ave)P.C. RESOLUTION 14-21
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 MAP #72919 FOR A TWO -UNIT CONDOMINIUM PROJECT AT
1720 PROSPECT AVENUE, LEGALLY DESCRIBED AS LOT 8, ANGELA
HEIGHT 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 July 14, 2014 by Bob Salim, owner of real property located at
1720 Prospect Avenue, seeking approval of a Conditional Use Permit 14-10, Precise Development Plan 14-
15, and Vesting Tentative Parcel Map #72919 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 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 project is Categorically Exempt from the California Environmental Quality Act
pursuant to CEQA Guidelines Sections 15303(b) and 15315 because the project consists of infill
development on an urban 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 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 applicant has filed applications for a Conditional Use Permit, Precise Development Plan and
Vesting Tentative Map to demolish an existing three-story duplex and develop a two -unit detached
residential condominium project.
2. The subject property contains 7,437 square feet, is designated Medium Density Residential on
the General Plan Map, and R-213 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-213
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 zoning standards.
2. The site slopes upward moderately from Prospect Avenue and is physically suitable for a two -unit
detached residential condominium, with each unit containing three -levels and parking to serve each unit plus
required guest space. A portion of the guest parking space for Unit A is located within the public right-of-
way, necessitating approval of an Encroachment Permit by the Public Works Department.
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 will provide permeable surfaces and infiltration for onsite stormwater retention facilities
per Section 8.60.070(B)(7).
4. The property is accessed via Prospect Avenue, a public street, and does not exhibit any existing
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. The
existing 24 inch diameter tree in the parkway will be maintained and protected from construction impacts. Guest
parking may encroach into the parkway are consistent with existing practice.
5. Design of the proposed subdivision as conditioned is compatible and consistent with applicable
elements of the City's General Plan and the immediate residential environment, being consistent with purposes
of the designation, density and development standards, parking, access and services are provided, together with
a Recreation and Park Area Dedication in -lieu fee for two units at the time of Final Map submittal.
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 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) and 15315.
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 size of the proposed lot is not smaller than the prevailing lot size and lot frontage within the
same zone and general plan designation within a three hundred (300) foot radius; the subdivision consists of
the division of airspace on a parcel of size and frontage consistent with existing development in the R-213
zone.
10. 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-213 Limited Multiple Family
Residential 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-213
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 project will replace a duplex built in 1971. The site is zoned R-213 and is physically suitable for a
two -unit detached residential condominium with each unit containing three -levels. Each unit contains
approximately 3,766 square feet of habitable area with a two -car garage on the first level. Independently
accessible guest parking for each unit are provided.
3. The subdivision and improvements as conditioned provide for adequate drainage, sanitation and
potable water, underground utilities, supply all required off-street parking and safe access from a public street,
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will not cause substantial traffic impacts, and will comply with all construction requirements including but not
limited to best management practices. Curb, gutter, sidewalk and driveway encroachment 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 to compensate for loss of permeable surfaces and landscaping to enhance aesthetics, being consistent
with purposes of the designation, and all density and development standards, and access and services are
provided including Recreation and Park Dedication in -lieu fees due when the project applies for approval of the
Final Map.
5. The proposed project as conditioned is consistent with the General Plan and will ensure compatibility
of the proposed density, use and design with surrounding residential environment.
6. The project as conditioned will conform to all zoning and condominium standards and will be
compatible with neighboring residential properties which also contain two -and three-story residential uses and
condominium projects. The project as conditioned complies with Section 17.22.060. Lot width exceeds 29
feet, unit sizes exceed 1,600 square feet for four bedroom units, height limit is compliant, and the front
setback exceeds five feet. Each unit provides compliant solid waste and storage areas. All utilities will be
placed underground, integrated into the design, separately metered and independently provided in each unit.
As required, stormwater runoff will be minimized per the green building standards and a final landscape plan
shall be provided per the Water Efficient, 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 14-10, Precise Development Plan 14-15, and Vesting Tentative Parcel Map #72919
for a two -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 August 19, 2014,
revised in accordance with the conditions below. The Community Development Director may
approve minor modifications that do not otherwise conflict with the Municipal Code or
requirements of this approval.
2. The project shall fully comply with all requirements of the R-2B Limited Multiple Family
Residential zone in Chapter 17.14 as applicable and the Condominium Ordinance in Chapter
17.22 of the Municipal Code, including but not limited to:
a) Building height shall fully comply with the 30-foot height limit.
b) Architectural encroachments, including building eaves, shall comply with Section 17.46.070.
c) Design and construction shall comply with Section 17.22.060 except as specifically stated in
this Resolution. Conduit to accommodate roof mounted alternative energy equipment for solar
energy and solar thermal shall also be supplied and clearly shown on plans per Section
15.32.140.
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) One guest space for each unit shall remain open and accessible to guests, rather than being
used for storage or any other purpose, and the CC&Rs shall reflect this condition.
b) The applicant shall demonstrate on plans that sufficient turning area and approach is
provided to access the driveway along the southerly side yard.
c) The applicant shall secure an Encroachment Permit for use of the public right-of-way for
the driveway encroachment and guest parking spaces for Unit A and shall incorporate the
encroachment permit including all conditions into the project CC&R's.
d) The 24 inch diameter yucca tree within the parkway shall be retained and maintained in
good health and shall not be disturbed or encroached upon by construction, improvements
or activities.
e) 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.
f) 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.
4. 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.
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, 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
8.60.060 to the satisfaction of the Community Development Director.
b) An automatic landscape irrigation system consistent with Section 8.60.060(D) shall be
provided, and shall be shown on plans (Building Permits are required).
c) The 24 inch yucca tree located within the parkway within the public right-of-way shall be
protected, retained and maintained, and measures shall be undertaken to ensure that
construction activities and equipment, storage of materials and other activities, and drainage,
utilities and improvements shall not further encroach upon the tree or its root system over
existing conditions. Landscaping and construction plans shall note this restriction.
6. Architectural treatments 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) 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
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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.
c) Solid waste and recycling facilities shall comply with Chapter 8.12.
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. The applicant shall install permeable material in the driveway, guest parking spaces
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, the applicant shall infiltrate runoff onsite. In the event that
subsurface infiltration is required, 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 and clearly noted on plans. 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 file 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.
9. Water conservation practices set forth in Section 8.56.070 shall be complied with and noted on
construction plans.
10. Two copies of final construction plans, including site, elevation, floor and landscape 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.
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. 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 comply with Section 15.40.020 and
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 filing of the Final Map, applicant shall pay to the City of Hermosa Beach a Recreation
and Park Dedication in -lieu fee for two condominium units pursuant to Chapter 16.12.
15. 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:
16. 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.
17. 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, driveway, 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.
18. 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.
19. 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.
20. 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:
21. The project shall comply with the 65% demolition debris recycling requirement set for the in
Section 15.48.020.
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.
23. 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
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Director including the reason therefore, at least 60 days prior to the expiration date. No
additional notice of expiration will be provided.
24. 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.
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 attorneys 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. 14-21 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.
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