HomeMy WebLinkAboutPC Resolution 13-35 - (512 25th St)P.C. RESOLUTION 13-35
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 #72574 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 512
25TH STREET, LEGALLY DESCRIBED AS LOT 13, CC HUNT'S ADDITION TO
HERMOSA TERRACE TRACT, 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 October 14, 2013 by HB Valley, LLC, owners of real
property located at 512 25th Street, seeking approval of Conditional Use Permit 13-16, Precise
Development Plan 13-18, and Vesting Tentative Parcel Map #72574 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 November 19, 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 Guideline Section 15303(b) because the project consists of two
units replacing three units within an urbanized area, the project as conditioned will comply with
the General Plan and Zoning Ordinance, 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 three units, consisting of two buildings, and a detached
garage and to develop a two -unit detached residential condominium project, consisting of Units
A and B.
2. The project will be provided access by a 12-foot wide driveway, increasing to 24-foot in
width to provide adequate turning radii, straddling the westerly lot line in conjunction with the
concurrent development of a two -unit condominium project on the lot to the west (Lot 14, CC
Hunt's Addition to Hermosa Terrace Tract).
3. The project plans indicate 49 percent of the subject lot will be covered by buildings.
4. The subject property contains 7,440 square feet, is classified Low Density Residential on
the General Plan and is zoned R-lA Limited One -Family Residential which allows for two -units
on a lot with a maximum density of one unit per 3,350 square feet.
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 Sections 66474 and 16.08.060 of the Municipal Code:
1. The proposal is consistent with the General Plan R-lA Limited One -Family Residential
designation and zone because the project is an allowed use, has density less than 13 units per
acre, and as conditioned complies with all standards.
2. The site is minimally sloping and is physically suitable for a two -unit residential
condominium consisting of two two-story buildings and parking via a reciprocal shared driveway
easement with the adjacent lot to the west (Lot 14) to serve each unit, including two covered
garage spaces for each unit and one guest space independently accessed and shared between 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 will provide permeable surfacing on approximately
53 percent of the lot (excluding the building footprint) and stormwater retention facilities to the
maximum extent feasible per Section 8.60.070(B)(7).
4. The property 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 which is
developed with single- and multiple -family units, being consistent with purposes of the
designation, density and development standards, and parking, access and services are provided,
together with a Park and Recreation Area Dedication in -lieu fee for each 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 within the same zone, which are developed with
similar residential uses.
7. The design of the subdivision and 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).
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.
2
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-IA
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 Low Density Residential designation and R-IA zone
because the project is an allowed use and has a density of less than 13 units per acre, and as
conditioned complies with all standards.
2. The site is zoned R-1 A and is physically suitable for a two -unit detached condominium
project, with each unit containing two -stories. The project will replace and an existing three -unit
complex consisting of two buildings and a detached garage built in 1953. Unit A (fronting 25cn
Street) contains 2,772 square feet of habitable area and Unit B (rear unit) contains 2,710 square
feet of habitable area which exceeds the required minimum. Each unit has a two -car garage
located on the ground level accessed via a 12-foot shared driveway, increasing to 24 feet, which
straddles the westerly lot line. One independently accessible guest parking space is provided for
both units at the end of the shared driveway on the subject property.
3. The subdivision and improvements provide for adequate drainage, sanitation and potable
water, underground utilities, supple all required off-street parking and safe access from a public
street, will not cause substantial traffic impacts, and will comply with all construction practices
including but not limited to best manage practices. Curb, gutter and sidewalk and driveway
encroachment will be constructed to Public Works specifications.
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 and
Recreation Area Dedication in -lieu fee for each unit when the project applies for approval of the
Final Map.
5. The project as conditioned is consistent with the General Plan and will ensure
compatibility of the proposed density, use and design with neighboring properties. Landscaping
in the front, rear, and westerly side yard will improve aesthetics and the project is conditioned to
require a minimum of three 3- inch box trees onsite. A southerly facing second floor balcony at
the rear of the property is located so as to exceed the three-foot minimum required setback and
the driveway along the westerly property line provides additional separation. Close proximity to
adjacent buildings is common within the City's residential neighborhoods and potential impacts
relating to light, noise, and extraordinary privacy and compatibility issues 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 exhibit one- and two-story
3
residential uses. Lot width exceeds 29 feet, unit sizes exceed 1,600 square feet for the proposed
four bedroom units, height limits are met, and all setbacks are compliant. Storage areas for each
unit are provided per code. Alteration of natural features is not significant given the existing
developed condition of the site and minimal slope. Stormwater runoff will be minimized via 53
percent of permeable surfaces (excluding building footprint) and a final landscape plan shall be
provided per the Green Building, Water Efficient, Water Conservation and Condominium
landscape standards 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 13-16, Precise Development Plan 13-18, and Vesting Tentative Parcel
Map #72574 for a two -unit residential 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 November 19, 2013. 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-IA 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) 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) shall be shown on structural plans and
reviewed at the time of Building Division Plan Check.
d) A minimum of 400 square feet of open space shall be provided for each unit in
accordance with Section 17.10.020(K) of the Municipal Code.
e) A minimum of 200 cubic feet of storage area shall be provided for each unit in
accordance with Section 17.22.060(E). Designated storage shall be clearly shown on
plans.
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 of the Municipal Code and conditions of this
permit prior to the issuance of Building Permits.
4
a) CC&Rs shall identify and provide for the maintenance of the shared driveway
and if a stormwater infiltration system is required and will be shared with the
development to the west, unless this requirement is rendered inapplicable due to
abandonment of the development of the adjacent Lot 14, CC Hunt's Addition to
Hermosa Terrace Tract in a concurrent manner. In the case of the latter, the
driveway and its encroachment, as well as the infiltration system if shared, shall
be redesigned to provide separate facilities within the boundaries of the subject
lot, compliant with the Municipal Code and Public Works specifications, and
approved by the Community Development Department and Public Works
Department as applicable.
b) The guest parking space shall remain open and accessible to guest of both units,
rather than being used for storage or any other purposes, and the CC&Rs shall
reflect this condition.
c) 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.
d) CC&Rs shall incorporate the requirements of Sections 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.
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
for review and approval prior to the issuance of Building Permits. The Final Plan
shall also include the following:
a) The Final Landscaping Plan shall comply with Sections 17.22.060(H) and
8.60.070 of the Municipal Code to the satisfaction of the Community Development
Director. A minimum of three 36-inch box size non-invasive drought -tolerant trees
shall be provided.
b) An automatic landscape sprinkler system consistent with Section 17.22.060(H) of
the Municipal Code 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:
k,
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 downcast, 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 of the
Municipal Code. Each unit shall supply adequate area for three carts of 2.5 feet
wide by 2.5 feet deep each.
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 of the Municipal Code and install permeable surfaces in the 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
surfaces on at least 50 percent of exterior surface area and incorporating measures
in 8.60.070(H) to the extent practicable to infiltrate the volume of runoff produced by
a 0.75 inch storm event is not feasible, the applicant shall infiltrate runoff onsite. In
the event that subsurface infiltration is required, construction and civil plans shall
designate the 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 or offsite.
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. Water conservation
0
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 final 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.
10. 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 percent of demolition debris associated with
demolition of the existing improvements and new construction shall be recycled.
12. The approved 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. The Final Map shall identify the location of the shared driveway and, if utilized, a
shared water infiltration system, and reciprocal easements and maintenance
agreements shall be provided on the Final Maps or concurrent documents
referenced thereto for this Lot 13 and adjacent Lot 14, unless this requirement is
rendered inapplicable due to abandonment of development in a concurrent manner
of the adjacent Lot 13, CC Hunt's Addition to Hermosa Terrace Tract. In the case
of the latter, the driveway and the encroachment, and if applicable the shared water
infiltration system, shall be redesigned to provide separate facilities within the
boundaries of the subject Lot 13, compliant with the Municipal Code and Public
Works specifications, and approved by the Community Development Department
and Public Works Department as applicable.
15. Pursuant to Section 16.12 of the Municipal Code the applicant shall pay to the
City of Hermosa Beach Park and Recreation Area Dedication fees for both units in -
lieu of onsite parkland dedication.
VA
16. 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•
17. 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.
18. 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 25th 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.
19. Civil plans, issuance of building permits, and project development shall ensure
reciprocal driveway easements with the adjacent Lot 14 are designated,
maintenance responsibilities, grading, drainage, and shared driveway construction
are coordinated and appropriately sequenced, or that the project and access is
redesigned to eliminate the shared driveway and turning areas. Should redesign be
required, an application for modification of this Resolution and payment of
required fees may be required if modifications are not minor as determined by the
Community Development Director.
20. 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.
21. A plan for urban and stormwater runoff controls required by the Municipal Code
including Section 8.60.070(H) and this Resolution, 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.
8
22. 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:
23. 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.
24. 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. The project shall comply with the 65% demolition debris recycling
requirement set forth in Section 15.48.020.
25. 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.
26. The subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance or other
regulation applicable to any development or activity on the subject property.
Failure of the permittee to cease any development or activity not in full compliance
shall be a violation of these conditions.
Section 8. This grant shall not be effective for any purposes until the permittee and the
owners of the property involved have filed at the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and agree to
accept, all of the conditions of this grant.
The Conditional Use Permit, Precise Development Plan and Vesting Tentative Map shall be
recorded, and proof of recordation shall be submitted to the Community Development
Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one of the conditions of approval is
found to be invalid by a court of law, all the other conditions shall remain valid and enforceable.
To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of
Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside, or void any permit or approval for this
project authorized by the City, including (without limitation) reimbursing the City its actual
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.
Although the permittee is the real party in interest in an action, the City may, at its sole
discretion, participate at its own expense in the defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
Section 9. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES: Comms.Allen,Flaherty,Perrotti,Chmn.Hoffman
NOES: None
ABSTAIN: None
ABSENT: Comm.Pizer
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 13-35 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at its regular
neet ig of November 19, 2013.
t 1 [ ra,, Chairman .. _t ertso��, Secreta u w
r
Y
November 19, 2013
Date
10