HomeMy WebLinkAboutPC Resolution 13-23 - (708 2nd St)P.C. RESOLUTION 13-23
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 1172450 FOR A TWO -UNIT CONDOMINIUM PROJECT AT
708 2ND STREET HERMOSA AVENUE, LEGALLY DESCRIBED AS LOT 100,
WALTER RANSOM CO'S VENABLE PLACE, 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 fled on July 15, 2013 by Arash Abbasian-Kashi, owner of real property
located at 708 2nd Street, seeking approval of a Conditional Use Permit 13-11, Precise Development Plan 13-12,
and Vesting Tentative Parcel Map #72450 for a two -unit detached 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
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 has filed applications for a Conditional Use Permit, Precise Development Plan and
Vesting Tentative Map to demolish an existing single family residence and develop a two -unit residential
condominium project.
2. The subject property contains 4,591 square feet, is designated Medium Density Residential on the
General Plan 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:
1. The proposal is consistent with the General Plan High 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 detached residential condominium, with
each unit containing three -levels with a roof deck and parking to serve each unit plus required guest space.
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 surfaces and if required infiltration for onsite retention of stormwater
as required by Section 15.48.020 (A4.106.4).
4. The property is accessed via 2°8 Street, a public street, and do 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 residential environment, being consistent with purposes of the
designation, density and development standards, parking, access and services are provided, together with a
Recreation and Park Area Dedication in -lieu fee for one unit 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, 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 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.
10. 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 project will replace a single-family residence built 85 years ago. The site is zoned R-2 and is
physically suitable for a two -unit detached residential condominium with each unit containing three -levels and a
roof deck. Each unit contains approximately 2,500 square feet of habitable area with a two -car garage on the first
level. An independently accessible guest parking space is provided at the end of the shared driveway, adjacent to
Unit B.
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, and all density and development standards, and access and services are provided
including a Recreation and 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 surrounding residential environment.
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, height limit is compliant, and the front setback exceeds five feet. Each
unit provides compliant solid waste and storage areas. 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. The design provide an attractive
fagade with garages accessible from the interior of the lot, and no substantial privacy, light, air, or view impacts
are anticipated.
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-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 alternative energy equipment for solar
energy and solar thermal shall also be supplied and clearly shown on plans per Section 15.32.140.
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(IT) and
8.60.060 to the satisfaction of the Community Development Director.
b) An automatic landscape irrigation system consistent with Section 8.60.060(D) 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 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 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.
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.
4
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 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 a Recreation
and Park Dedication in -lieu fee for one condominium unit 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. The project shall comply with the 65% demolition debris recycling requirement set for the in
Section 15.48.020.
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 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.
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. 13-23 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California, at its regular mogti11g of august. 20, 2013.
N2'0�'
Petera, Chairman "oi1 Seta
ecr ; 13
Date
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