HomeMy WebLinkAboutPC Resolution 14-27 - (651 10th Street)P.C. RESOLUTION 14-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN,
VESTING TENTATIVE PARCEL MAP #73012 FOR A TWO -UNIT
CONDOMINIUM PROJECT AT 651 TENTH STREET, CITY OF
HERMOSA BEACH, LEGALLY DESCRIBED AS PORTION OF LOT
4, BLOCK 78, SECOND ADDITION TO 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 September 11, 2014 by Fred Koch, on behalf of
Robert McMahon, owner of real property located at 651 101h Street, seeking approval of a
Conditional Use Permit 14-15, Precise Development Plan 14-22, and Vesting Tentative Parcel Map
#73012 for a two -unit attached residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on October 21, 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 filed applications for a Conditional Use Permit, Precise Development Plan
and Vesting Tentative Map to demolish a single story residence and a detached garage and develop
a two -unit attached residential condominium project.
2. The subject property contains 4,251 square feet, is designated Medium Density
Residential on the General Plan Map, and R-2 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-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 two -unit attached residential
condominium with both units containing three stories with a roof deck, ground level 2-car garage
and one shared guest parking space located at the end of the shared driveway.
3. The proposed driveway is accessed via 1Oth Street, the proposed new curb cut will
relocate an existing on -street parking space to the east, and the driveway will not eliminate on -street
parking.
4. 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 if required infiltration
for onsite retention of storm water as required by Municipal Code Section 15.48.020 (A4.106.4).
5. The property is accessed from IOth Street, a 40-foot wide 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.
6. 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 Recreation and Park Area Dedication in -lieu fees (Quimby Act
fee) for two units at the time of Final Map submittal.
7. The project as conditioned will conform to all zoning and condominium standards and will
be compatible with neighboring properties in the same zone, which are developed with similar
residential uses.
8. 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.
9. 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.
10. 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-2 zone.
11. 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.
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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-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 project will replace an older single-family residence and a detached two -car garage; the
structures are not identified as historic resources in the General Plan and do not exhibit other
exceptional qualities. The site is zoned R-2 and is physically suitable for a two -unit attached
residential condominium, each unit providing approximately 2,700 square feet of habitable area in
three-story and a roof decks. Each unit also contains a ground level 2-car garage and one shared guest
parking space is provided for the project.
3. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supply access via a reciprocal easement, required off-street parking and
safe access from a public street, 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, and all density and development
standards, and access and services are provided including Recreation and Park Dedication in -lieu fees
due when the Final Map is filed.
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. The
project design, placement of large windows, balconies and primary living areas have taken into
consideration of the mobile home park located to the immediate east and staff does not anticipate
extraordinary impacts resulting from the project as there are similar multi -family residences located
to the immediate north of the mobile home park.
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 with lot width exceeding 29 feet, unit sizes exceed 1,600 square feet for four bedrooms
unit, and building height and yard setback are compliant. Each unit provides compliant solid waste
and storage areas within the garage. 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 the required landscape plan.
7. The building is designed in contemporary style with brushed aluminum metal guardrails,
smooth stucco and fiber cement shingled siding.
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 two -
unit condominium project subject to the following Conditions of Approval:
3
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
October 21, 2014. 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-2 zone as applicable and
the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but
not limited to:
a) Height including required roof deck railings shall fully comply with the 30-foot
height limit.
b) Fencing and wall along the required front yard setback may not exceed 42 inches in
height.
c) Project plans shall clearly demonstrate compliance with Subsections 17.22.060(F)
and (G).
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) Guest parking space shall remain open and accessible to guests of both units, rather
than being used for storage or any other purpose, and the CC&Rs shall reflect this
condition.
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.
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 8.60.070 to the satisfaction of the Community Development Director.
b) An automatic landscape irrigation system consistent with Section 8.60.070 shall be
provided, and shall be shown on plans (Building Permits are required).
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 be clearly labeled on plans and 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 ilinnivination shall be
contained within the property boundaries. Fighting 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. Lanip bulls and images shall not be 'visibte
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.
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
17.46.210.
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.
11. The applicant shall submit all required flans anal reports to comply with the City's
construction debris recycling program iuuclaading 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
Recreation and Park Dedication in -lieu fees 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. ,approval of these permits shall expire twenty-four (24) months from the elate of
approval by the Planning Commission, unless signifweant construction or
iunproveinents or the use authorized hereby has connncnced. One or more extensions
of time naay be requested. No e teuasion shall be considered unless reafauested, 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.
22. 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.
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.
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. 14-27 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 October 21, 2014.
.1c1it Allen, Chairman „r ���1__. ..........��._
kof efison, Secretary
October 21 2014
Dateaa...__��..��_....�..
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