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HomeMy WebLinkAboutPC Resolution 12-01 - (1101 Cypress, 3-U condo)1 P.C. RESOLUTION 12-1 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 NO. 071768 FOR A THREE-UNIT CONDOMINIUM PROJECT AT 1101 CYPRESS AVENUE, LEGALLY DESCRIBED AS LOT 19, BLOCK 1, HISS‟ 2ND ADDITION TO HERMOSA BEACH, 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 December 12, 2011 by Edwin G. Furnee, Jr. on behalf of the Furnee Family Trust, owners of real property located at 1101 Cypress Avenue, seeking approval of a Conditional Use Permit 12-1, Precise Development Plan 12-1, and Vesting Tentative Parcel Map #071768 for a three-unit residential condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on January 17, 2012, at which 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 duplex with attached garage and develop a three-unit residential condominium project. 2. The subject property contains 5,005 square feet, is designated High Density Residential on the General Plan Map, and designated 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. 2. The site is zoned R-3 and is physically suitable for a three-unit residential condominium consisting of one building, with each unit containing 3-stories with roof deck. Unit 1 fronting 11th Street Street contains 2,263 square feet of habitable area, Units 2 and 3 fronting Cypress Avenue each contain 2,353 square feet of habitable area. A two-car garage is located on the ground level with two guest parking spaces in the driveway of each unit. 2 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. 4. The property is accessed via public streets 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 including a park dedication in-lieu fee at the time of Final Map review. 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-3 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-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: 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. 2. The site is zoned R-3 and is physically suitable for a three-unit residential condominium, consisting of one building, each unit containing 3 -stories with a roof deck above; the project will replace an existing 57 years old duplex. Unit 1 fronting 11th Street contains 2,263 square feet of habitable area, Units 2 and 3 face Cypress Avenue with access from westerly side yard, each contains 2,353 square feet of habitable area. A two-car garage is located on the ground level of each unit with 2 guest parking spaces in the driveway. 3 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. Improvements to accommodate the development may include moving a fire hydrant, sidewalk improvements, and potentially dedication of an easement or similar restriction near the corner of Cypress Avenue near its intersection with 11th Street to accommodate an ADA ramp and prevent installation of any fence or other improvements near the property line, and requirements of the Municipal Code. 4. Design of the proposed subdivision as conditioned is compatible and consistent with applicable elements of the City‟s General Plan and 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, 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 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 condo projects. The project as conditioned complies with Section 17.22. 060: Lot width exceeds 29 feet, unit sizes exceed 1,400 square feet, height limits are met, and the front setback exceeds 5 feet. Each unit provides storage and complaint sound insulation. 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 per the green building standards and the required landscape plan shall be provided. The design avoids the „long row‟ appearance, and since the site is a corner lot and westerly views are obstructed by an existing condo, 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 three-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, including landscape plans, received and reviewed by the Planning Commissio n at their meeting of January 18, 2012, 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. 4 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) 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. 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 and 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) Trash 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 “Grasscrete” or other permeable material in the driveway, guest parking spaces and other non-landscaped areas to the maximum extent 5 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. 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. The applicant also shall work with staff to incorporate at least three measures, one from each category, from the City‟s 'Green Building Checklist' into the project prior to issuance of Building Permits. 9. 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 P lan Check. Prior to the submittal of structural plans to the Building Division for Plan Check an „Acceptance of Conditions‟ affidavit shall be filed with the Planning Division of the Community Development Department stating that the applicant/property ow ner 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 an d 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. a) A survey suitable for purposes of recordation shall be performed by a Civil Engineer or Land Surveyor licensed in the State of California, including permanent monumentation of all corners and the establishment or certification of centerline ties at the intersections of: 6 11th Street and Cypress Avenue, Cypress Avenue and Pier Avenue, and 11th Street and Loma Drive. b) Subject to approval of the Public Works Director, an easement for public street and sidewalk purposes to facilitate construction of an ADA ramp at or near the intersection of Cypress Avenue and 11th Street shall be dedicated to the City on the Final Map. Such easement, in a form approved by the City, shall also be recorded with the County Recorder. 13. 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. 14. 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 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. 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, driveway encroachments, undergrounding of all utilities, sidewalk, curb and gutter improvements along 11th Street and Cypress Avenue, onsite and offsite drainage (no sheet flow permitted), movement of the fire hydrant, inst allation 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. 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. 18. 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. 19. 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. 20. Water conservation practices set forth in Section 8.56.070 shall be complied with. 7 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. 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 resul ting 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 with County of Los Angeles, 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. 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.