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HomeMy WebLinkAboutPC Resolution 14-25 - (824 1st Street)P.C. RESOLUTION 14-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN AMENDMENT FOR ADDITION OF FOUR ROOF DECKS WITH STAIRWAY ENCLOSURES TO A SIX (6) UNIT COMMERCIAL CONDOMINIUM PROJECT, AMENDING P.C. RESOLUTION 14-5, AT 824 lst STREET, LEGALLY DESCRIBED AS LOT 6, EXCEPT THE S'LY 30 FEET THEREOF, M.B. 10-169, TRAFTON HEIGHTS TRACT, CITY OF HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Matt Sridhar, Se-Socal, LLC, owner of property located at 824 1" Street, seeking approval of a Precise Development Plan Amendment 14-18 for addition of four roof decks and stairway enclosures to an existing six (6) unit commercial condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on September 16, 2014, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e) because it is an existing development and the proposal involves addition of roof decks and enclosures that are less than 50% of the existing floor area, and no significant impacts are identified. Section 4. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings with regard to PDP Amendment 14-18: 1. The applicant filed applications for a Precise Development Plan Amendment to construct four roof decks and stairway enclosures, commonly known as a dog house or roof deck penthouse, to access the roof decks. Proposed roof decks range from 320 to 449 square feet and are accessible from Suites A/B, C, D and E. Each stairway enclosure comprises 34 square foot floor area and houses a spiral staircase. 2. The subject property is 5,578 square feet, is classified CC Commercial Corridor in the General Plan, and is zoned Specific Plan Area No. 7 which allows for the existing six (6) unit commercial condominiums and four roof decks with stairway enclosures do not intensify the prior approved commercial use. 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 Amendment pursuant to Section 17.58.030 of the Municipal Code: 1. The proposal is consistent with the Commercial Corridor General Plan designation and Specific Plan Area No. 7 zone because the project is an addition of roof decks and stairway enclosures, and will not increase usable commercial floor area previously approved pursuant to P.C. Resolution 14-5. 2. The site is zoned Specific Plan Area No. 7 and the proposed modifications include addition of roof decks and stairway enclosures, each enclosure measured 12 feet in width by 6 feet in depth, and 9 feet, 2 inches in height. Portions of the building roofline will increase by 9 feet, 2 inches in height to provide the four stairway enclosures and 42 inches for each required roof deck railing. The proposed modifications are setback 6 feet, 7 inches from the property line. 3. The design will comply with height requirements, maintain openings between the stairway enclosures that existing preserve view corridors, proposed roof deck railing and stairway enclosures are designed to be consistent with existing architectural style of the building with matching exterior finishes, while stairway enclosures alter the building massing as viewed from residential uses to the east, northeast and southeast of the project the nearest residential uses are located to the east of the project (834 to 860 1" Street) and are buffered by a 40-foot wide lot. Section 6. Based on the foregoing, the Planning Commission hereby approves the Precise Development Plan Amendment 14-18, for addition of four roof decks with stairway enclosures on an existing six -unit commercial condominium project subject to the following Conditions of Approval: General: 1. This resolution shall amend, but not supersede, P.C. Resolution 14-5. 2. The development and continuous use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meetings of February 16 and September 16, 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 project shall be revised to the satisfaction of the Community Development Director to: a) Reduce the roof deck stairway enclosures to the smallest feasible dimensions. b) Provide architectural details on the east wall to reduce the appearance of a massive wall. 4. The project shall fully comply with all requirements of the SPA-7 zone, including but not limited to: a) Height including stairway enclosures and required roof deck railings shall fully comply with the 35-foot height limit and shall be clearly demonstrated on construction plans prior to issuance of the building permit. 5. The project shall fully comply with all requirements of the Specific Plan Area No. 7 zone as applicable, the Condominium Ordinance in Chapter 17.22 of the Municipal Code and the Municipal Code. Other: 6. Approval of this permit 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. 7. The Planning Commission reserves the right to review this Precise Development Plan Amendment at any time and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 8. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. Section 7. 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, Precise Development Plan Amendment 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 8. 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. Hoffinan, Perrotti, Pizer, Chmn. Allen NOES: None ABSTAIN: None ABSENT: Comm. Flaherty CERTIFICATION I hereby certify the foregoing Resolution P.C. 14-25 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular Nneet' g of September 16, 2014. Kent A l 11 fro its )n, Secretary September 16, 2014 Date