HomeMy WebLinkAboutPC Resolution 13-22 - (1160 Cypress)P.C. RESOULTION 13-22
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 #72253 FOR AN ATTACHED TWO -UNIT
CONDOMINIUM PROJECT AT 1160 CYPRESS AVENUE, LEGALLY
DESCRIBED AS LOT 9, TRACT NO. 780, 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 15, 2013 by 340 61" Street, LLC by Kim
Komick, owner of real property located at 1160 Cypress Avenue, seeking approval of
Conditional Use Permit 13-11, Precise Development Plan 13-11, and Vesting Tentative Parcel
Map #72253 for an attached two -unit residential condominium project.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on August 20, 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 (CEQA) pursuant to CEQA Guidelines Section 15303(b) and 15315 because the
project is less than six units and as conditioned will comply with the General Plan and zoning
code; no variances are requested; and the project is within an urban 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
detached garage and develop an attached two -unit residential condominium project.
2. The subject property contains 3,991 square feet, is designated High Density
Residential on the General Plan Map, and R-3 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 High Density Residential designation
and R-3 zone because the project is an allowed use and has a density of less than 33 units
per acre, and as conditioned complies with all standards.
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2. The site is zoned R-3, relatively flat, and is physically suitable for a two -unit attached
residential condominium consisting of two -stories plus a basement, subterranean two -car
garages, 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 Cypress Avenue, a public street, and does not exhibit
dedicated public 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 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 Section 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-3 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:
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1. The proposal is consistent with the General Plan Medium Density Residential designation
and R-3 zone because the project is an allowed use and has a density of less than 33 units
per acre, and as conditioned complies with all standards.
2. The site is zoned R-3 and is physically suitable for a two -unit attached residential
condominium. The buildings are each two-story plus a basement with two subterranean
two -car garages onsite, a single guest parking space, and roof decks on both units. Unit 1
contains 2,521 square feet of living area and Unit 2 contains 2,508 square feet of living
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. Street parking along
the east side of Cypress Avenue is not permitted, thus no on -street parking will be lost
and the existing curb cut will be utilized to the extent feasible. The sidewalk, curb and
gutter have been recently upgraded but the project is conditioned on compliance with
Public Works standards. All utilities will be placed underground, integrated into the
design, separately metered and independently provided in each unit.
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. 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 in
Sections 8.60.070(B)(7), 15.48.020 (A4.106.4), 17.22.060(H) and 8.56.070.
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 include a single -story single family unit and a two-story two -unit project
adjacent to the lot and one, two, and three-story single- and multiple -family residences in
the area. The project as conditioned complies with Section 17.22.060: lot width exceeds
29 feet, unit sizes exceed 1,400 square feet for three -bedroom residences (Unit 1) and
1,600 square feet for four -bedroom residences (Unit 2), the building is within the 30-foot
height limit, and the front yard setback exceeds the 5-foot minimum required. The
balconies for both units exceed the set back requirement. While there has been opposition
to the project addressing lack of parking and change in character of the neighborhood, the
project will not reduce on -street parking and complies with city regulations. Close
proximity of dwellings and outdoor gathering areas such as roof decks and balconies is
common within the City and given the above mentioned excess setbacks and natural
buffer areas staff does not anticipate extraordinary privacy issues or impacts to light or air
to occur.
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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 August 20, 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-3 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
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.
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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
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material in the driveway, guest parking spaces and other non -landscaped areas to
the maximum extent feasible. Curb inlets to allow drainage to landscaping 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
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 filed 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
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for illumination shall be shown on plans. Address numbering of both proposed
units to provide consecutive numbering within the block and display shall be subject
to approval by the Community Development Department.
Final May 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 Area dedication fee for two -unit condominium in lieu of onsite
dedication 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.
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.
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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. An approved coastal development permit from the California Coastal Commission
shall be filed with the City prior to issuance of demolition, shoring and construction
permits.
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 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 S. 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.
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.
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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.Flaherty, Perrotti, Pizer, Chmn. Hoffman
NOES: None
ABSTAIN: None
ABSENT: Comm.Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 13-22 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
r
IT'"g
of August 20, 2013.
P i� lc i
19, Chairman
August 20 2013
Date
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