HomeMy WebLinkAboutPC Resolution 13-16 - (633 5th st)P.C. RESOLUTION 13-16
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 #72277 FOR A
TWO -UNIT CONDOMINIUM PROJECT AT 633 5TH STREET, LEGALLY
DESCRIBED AS DR DOUGHERTY HERMOSA BAY VIEW TRACT LOT 38, 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 May 13, 2013 by David Powers, owner of real
property located at 633 5th Street, seeking approval of Conditional Use Permit 13-7, Precise
Development Plan 13-8, and Vesting Tentative Parcel Map #72277 for a two -unit residential
condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on June 18, 2013, 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 is
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 single family residence and
develop a two -unit residential condominium project.
2. The subject property contains 4,320 square feet, is designated Medium Density
Residential on the General Map, and R-2 Two -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.
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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, gently sloping from east to west, and is physically suitable for a
two -unit attached residential condominium consisting of 2-stories plus a basement,
two subterranean two -car garages, a subterranean common guest parking space, and
roof decks on both units.
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 5ch 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 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
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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-2 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-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. The building is 2-stories plus a basement with two subterranean two -
car garages, a subterranean common guest parking space, and roof decks on both
units. Unit 1 contains 2,725 square feet of habitable area, and Unit 2 contains 2,770
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 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, all density and development standards, and access and
services are provided together with a park dedication in -lieu fee at the time of Final
Map submittal.
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 building is within the
30 foot height limit, and the front yard setback is greater than the minimum required 5
feet. Each unit provides compliant sound insulation and storage areas. Site
redevelopment will move the driveway from the center of the lot to along the westerly
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property line. The new curb cut will eliminate one on -street parking space; however,
the loss of that space will be offset by the creation of a new on -street parking space
where the existing 22 foot curb cut will be filled. The second floor balcony for Unit 1
faces westward onto a covered walkway on the adjacent property to the west, while
the second floor balcony for Unit 2 faces primarily southward towards a densely
vegetated rear yard on the property to the rear. The roof decks for both units are
situated towards the east side of the building. On the rear half of the adjacent
property to the east is dense shrubs and trees approximately15 feet in height or greater
ensuring current privacy on the lot is not significantly compromised. Close proximity
to adjacent buildings is common within the City and considering the above mentioned
design features of the proposed building and the existing condition of the adjacent
lots extraordinary privacy issues are not anticipated to occur.
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 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 June 18, 2013, 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-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) Design and construction shall comply with Section 17.22.060 except as
specifically stated in this Resolution. Conduit to accommodate roof mounted
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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 all units in
accordance with Section 17.22.060(E).
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 approval prior to issuance of
Building Permits.
a) Each guest parking space shall remain open and accessible to guests of its
assigned unit, 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 8.60.060 to the satisfaction of the Community Development
Director. A minimum of three 36-inch box size drought tolerate trees shall
be provided.
b) An automatic landscape sprinkler system consistent with Section 8.60.060(D)
shall be provided, and shall be shown on plans (Building Permits are
required).
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) Solid waste facilities shall comply with Chapter 8.12.
e) 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 "Grasscrete" or other 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, plans shall show 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
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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 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 the construction plans.
10. 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.
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 be
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
park fee in lieu of onsite parkland dedication pursuant to Chapter 16.12 in the
amount of $28,662.
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, 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 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.
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.
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.
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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.
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 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.Allen,Flaherty,Hoffman,Perrotti,Chmn.Pizer
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 13-16 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 June 18, 2013
Ron Piz r, Chairman
June18 2013
Date
�.
kTn Robertson, Secretary
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