HomeMy WebLinkAboutPC Resolution 13-19 - (902-908 17th St; W Lot)P.C. RESOLUTION 13-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT, PRECISE DEVELOPMENT PLAN, AND TENTATIVE PARCEL
MAP #72199 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 902 AND
908 17TH STREET, LEGALLY DESCRIBED AS LOT 22, J M FLOORES
SUBDIVISION, 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 January 17, 2013 by Jian H. Xu, owners of real property located
at 902 and 908 17"' Street (formerly 920 17th Street), seeking approval of a Conditional Use Permit 13-3, Precise
Development Plan 13-4, and Tentative Parcel Map #72199 for a two -unit detached residential condominium
project. In response to concerns raised by the Planning Commission on May 22, 2013, the applicant has
provided revised plans to accurately depict the natural sloping condition of the subject property and addressed
retaining walls and privacy concerns on adjacent properties.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject
application on May 22, and July 16, 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 consists of 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 evidence received at the public hearing, the Planning Commission makes the
following factual findings:
1. The applicant has filed applications for a precise development plan, conditional use permit and
tentative map to demolish an existing single family residence that is straddling the property line and to develop a
two -unit residential condominium project. An 18-foot driveway (9-feet on the subject Lot 22, and 9-feet with an
adjacent lot to the east Lot 21) and new driveway encroachment are proposed to serve the subject project as well
as a two -unit condominium project proposed on the east lot (Lot 21). The preliminary landscape plan indicates
43% of the lot will be covered by buildings, and 31% of the lot will be consisting of permeable surfaces or
landscape. The applicant provided revised architectural plans to address concerns raised by the Commission.
2. The subject property contains 5,606 square feet, is designated Medium Density Residential on the
General Plan Map, and R-2B 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 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 standards.
2. The site is zoned R-2B and is minimally sloping and is physically suitable for a two -unit residential
condominium consisting of two buildings, with each unit containing 3-stories, a two -car garage to serve each
unit and one shared guest parking space for the project. One on -street space on 17`h Street will be relocated
approximately 19-feet to the west and this location is feasible according to 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 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 17'h 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, together with a park
dedication in -lieu fee 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 within the same zone, 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 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-2B 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-2B
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-2B and is physically suitable for a two -unit residential condominium, consisting of
two buildings, each unit containing three -stories. The project will replace an existing single family residence
straddling across lot line constructed over 90 years ago. Unit A fronting 17"' Street contains 2,699 square feet of
habitable area and Unit B contains 2,938 square feet of habitable area with access from the westerly side yard.
A two -car garage is located on the ground floor of each unit. One independently accessible guest parking space
is provided for both units at the end of the shared driveway. One on street parking space will be relocated
approximately 19 feet west of its current location to allow a new 18-foot wide curb cut for the proposed shared
driveway with the condominium project to the east (Lot 21, J M Floores Subdivision). The existing
encroachment shall be abandoned and curb, gutter and sidewalk shall be constructed as required by the Public
Works Department.
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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, will not cause
substantial traffic impacts due to minimal increase in density, 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 a park dedication in -lieu fee 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 properties in the vicinity. Existing foliage along the south property line
fence will remains in place to the extent feasible which will enhance privacy for neighboring properties to the south.
Close proximity to adjacent buildings is common within Hermosa's multiple family residential neighborhoods and
potential impacts relating to light, noise, and privacy are not anticipated.
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. The
project as conditioned complies with Section 17.22.060. Lot width exceeds 29 feet, unit sizes exceed 1,400
square feet for the proposed three bedroom units, height limits are met, and the front setback exceeds 5 feet.
Compliant storage area will be provided for both units as a condition of approval. All utilities will be placed
underground, integrated into the design, separately metered and independently provided in each unit. Alteration
of natural features is not significant given the small lot size; stormwater runoff will be minimized and the
required landscape plan shall be provided in compliance with 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 Tentative Parcel Map #72199 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 July 16, 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-2B zone as applicable and the
Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not limited to:
a) Design and construction shall comply with Section 17.22.060 except as specifically stated in
this Resolution.
b) A minimum of 300 square feet of qualifying open space shall be provided for each unit in
accordance with Section 17.14.080.
c) Conduit to accommodate roof mounted alternative energy equipment for solar energy and
solar thermal shall also be supplied per Section 15.32. 140.
d) The requirements of Section 17.22.060(F) shall be shown on structural plans and reviewed at
the time of Building Division Plan Check.
e) Existing foliage along the southerly property line fence shall be retained if possible as
determined by the Director of Community Development.
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) CC&Rs shall be revised to reflect that the project consists of two -unit comprising the subject
property.
b) CC&R shall be revised to reflect the location of the shared property line wall on the subject
project and the property to the south (901 161h Street) and future maintenance agreement of
shared property line wall.
c) Recording of an agreement or easement reflecting the shared property line wall, as
determined by the City, to the satisfaction of the Community Development Director and City
Attorney prior to issuance of grading or building permits.
d) CC&R shall identify and provide for maintenance of the shared driveway with development
to the east, unless this requirement is rendered inapplicable due to abandonment of the
concurrent development of the adjacent Lot 21, J M Floores Subdivision, the driveway
encroachment is redesigned to provide a separate driveway encroachment and said
encroachment is approved by the Public Works Department.
e) 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.
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.
g) CC&R's shall incorporate the requirements of Section 8.60.070(B)(7), 15.48.020 (A4.106.4),
17.22.060(H) and 8.56.070 addressing water conservation, landscaping and its maintenance,
and storm water runoff elements and facilities.
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) A Final Landscaping plan to comply with Sections 17.22.060(H) (3) and 8.60.070 to the
satisfaction of the Community Development Director. A minimum of two 36-inch box size
drought tolerate trees shall be provided.
b) An automatic landscape irrigation system consistent with Section 17.22.060(H) (3) 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:
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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 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 (refuse 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
and install permeable surface in the driveway, guest parking space and other non -landscaped
areas to the maximum extent feasible. Curb inlets to allow drainage to landscape shall be
installed. If providing water permeable surface on at least 50% of exterior surface area is not
feasible and incorporating measures in 8.60.070(IT) to the extent practicable to infiltrate the
volume of runoff produced by a 0.75 inch storm event, the applicant shall infiltrate runoff onsite.
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 ongoing infiltration and provide a surety bond to the City to
guarantee that onsite, subsurface filtration 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. Water conservation practices set forth in Section
8.56.070 shall be complied with and noted on construction plans.
9. Two copies of final construction plans and landscape plan, 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.
10. 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
11. 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
12. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08
of the Municipal Code.
13. The Final Map shall identify the location of the shared driveway and reciprocal easements and
maintenance agreements shall be provided on the Final Maps or concurrent documents
referenced thereto for this Lot 22 and adjacent Lot 21, unless this requirement is rendered
inapplicable due to abandonment of the concurrent development of the adjacent Lot 21, J M
Floores Subdivision, the driveway encroachment is redesigned to provide a separate driveway
encroachment and said encroachment is approved by the Public Works Department.
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 for each unit.
a) 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•
15. 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 of 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.
16. 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 along 17t Street, 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.
17. Civil plans, issuance of building permit and project development shall ensure reciprocal driveway
easements, maintenance responsibilities, grading, drainage, and shared driveway construction are
coordinated and appropriately sequenced, or that the driveway is redesigned to eliminate the
shared driveway and shared driveway encroachment.
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. A plan for urban and stormwater runoff controls required by code and this resolution including
Section 8.060.070(H) 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.
20. The applicant shall bear all costs associated with relocation of the on -street parking space.
21. 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.
Other:
22. 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 this 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.
23. 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 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.
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.
VA
VOTE: AYES:
Comms.Allen,Flaherty,Perrotti,Pizer,Chmn.Hoff nan
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 13-19 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California, at its regular 11WetilIg t)f .luly -16, 2013.
rw i, Chairman Ken Ro6cftson, aec.rew
Peter 1lo�
July 16, 2013
Date
F:b95\cd\pc\2013\07-16-13\910-914 17''St\reso 13-19