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HomeMy WebLinkAboutPC Resolution 11-09 - (1460 Bayview)I__ YNTKU F • Z, 9 WE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF A SECOND DWELLING UNIT CONTAINING APPROXIMATELY 2,350 SQUARE FEET FRONTING MONTEREY BOULEVARD, AND TO ADD APPROXIMATELY 600 SQUARE FEET TO THE EXISTING 660 SQUARE FEET DWELLING UNIT FRONTING BAYVIEW DRIVE IN THE R-3 ZONE AT 1460 BAYVIEW DRIVE, LEGALLY DESCRIBED AS LOT 28, TRACT NO. 1069, HERMOSA BEACH The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Garry Curry seeking approval for a Precise Development Plan to construct a second dwelling unit containing approximately 2,350 square feet fronting Monterey Boulevard and to add approximately 600 square feet to the existing 660 square feet dwelling fronting Bayview Drive. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Precise Development Plan 114 on March 15, 2011, at which time the Staff Report and testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: The property encompasses 2,911 square feet, is zoned R-3, and is designated as high density residential in the General Plan, allowing one unit per 1,320 square feet; 2. The applicant is proposing to construct a detached dwelling unit fronting Monterey Boulevard and add approximately 600 square feet of habitable area to the existing unit fronting Bayview Drive; 3. The proposed front unit consists of 2,350 square feet and the rear unit will have 1,230 square feet; 4. Parking is provided by a semi -subterranean two -car garage located within the front unit with two guest parking spaces located in the driveway and three parking spaces (one tandem space in center of garage) are provided in the garage of the rear unit; and 5. The proposed project complies with R-3 development standards, including yard setbacks, open spaces and separation between habitable buildings. Except, the setback for the existing rear dwelling will continue to be nonconforming with a 4-feet, 4 inches setback from garage to property line. Section 3. Based on the foregoing, the Planning Commission makes the following findings pursuant to H.B.M.C. Section 17.58.030: 1. Distance from existing residential uses in relation to negative effects. The project is the addition of one detached residential unit. The subject property and surrounding lots are zoned R-3 and developed with mostly multiple -family, multi -story residential uses; the adjacent lot to the north is developed with one single -story dwelling. The existing dwelling conforms to zoning codes excluding parking and rear setback to the garage; the number of parking spaces will become conforming but the driveway setback will remain nonconforming at 4-feet, 4 inches. This setback nonconformance is not likely to affect adjacent neighbors. The height of the proposed structure conforms to the 30 foot height limit as measured from existing grade. All required yards are provided and the lot coverage of 64.3% conforms to the allowable maximum of 65%. The proposed private open space areas are provided with a combination of ground level patio between buildings and deck areas directly accessible from common living areas in conformance with the code. Thus, the proposed use is consistent with existing development type and densities and no adverse impacts are identified. 2. The amount of existing or proposed off-street parking in relation to actual need. The proposed new unit includes a 2-car garage in the front unit with two guest parking spaces in the driveway. The rear unit has an existing two -car garage and the applicant is expanding the garage to accommodate a tandem guest parking space 18 feet in length. This guest tandem space will be located so that both cars in the front of the garage must be moved in order to access .the third space at the rear of the garage. While parking standards do not prohibit this arrangement, it is unusual. However, since this parking will serve only one family, adverse impacts will not occur. The new curb cut on Monterey Boulevard requires one additional parking space to replace one lost on -street parking space. The project will supply this space on the driveway in front of the new unit. Therefore the project will supply all required seven parking spaces. 3. The combination of uses proposed, as they relate to compatibility. There are 22 parcels fronting Monterey Boulevard between Pier Avenue and 16'h Street that are zoned R-3, of which 15 (68%) parcels are developed with two or more dwelling units (condominiums and apartment complex). The proposed improvements are compatible with each other in type of use and architecture, and are compatible with surrounding residential uses. 4. Estimated generated traffic volume and the capacity and safety of streets serving the area. The net number of units on the property will increase by one. With the complying parking spaces proposed on -site and the 80-foot street width of Monterey Boulevard, staff believes the anticipated traffic increase from one new unit will not adversely affect Monterey Boulevard, Bayview Drive, or adjacent roadways (16`h Street — 60 foot wide, Pier Avenue — 100 foot wide). 5. The proposed exterior signs, decor, and compatibility with existing establishments in the area. The front of the subject lot exhibits low vegetation that is not well maintained, and so it could be argued that the new modern style buildings will improve the appearance of the site fronting Monterey Boulevard. The front unit will align with buildings on neighboring properties. There is a one-story dwelling on the lot to the north and a two-story dwelling on the lot to the south. The living area windows ( 3' x 5') of the third story will look out over the backyard of the adjacent one-story unit. However, mitigating features include a 7 foot side yard distance between buildings along the north property line, bathrooms, bedrooms and garage lie adjacent to the north wall on the ground and second floors. 6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools. The proposed use is one additional single family unit and addition to an existing unit. Driveways front on public streets. The existing dwelling conforms to zoning codes excluding parking and rear setback to the garage; the number of parking spaces will become conforming but the rear driveway setback will remain nonconforming at 4 feet, 4 inches. This nonconformance is not likely to affect adjacent neighbors. No conflict is identified. 7. Noise, odor, dust andlor vibration that maybe generated by the proposed use Noise will be consistent with other single-family residential uses on the street. Hours of construction are limited per the Noise Ordinance. Trash and recycling bins are located within the garage in compliance with Chapter 8.12 of the Municipal Code. No impacts are identified. 2 8. Impact of the proposed use to the city`s infrastructure, andlor services. The proposed two dwelling units on site will utilize existing infrastructure, although it can be expected that increased dwelling size and one additional dwelling unit will result in a minor increase in utilities. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms. The project will reduce landscape and permeable area substantially because the existing rear unit occupies only 836 square feet (building footprint and large deck) of lot area. Lot coverage will be increased from 29 percent to 64.5 percent. The undeveloped portion of the lot is currently permeable and relatively well - vegetated. The landscape plan proposes an automatic irrigation system with various plants between the building and along the side yard adjacent to Monterey Boulevard. The project and use must comply with water conservation and water efficient landscape requirements in Chapter 8.56 and 8.60 of the Municipal Code. The applicant proposes standard decorative concrete driveway (access from Monterey Boulevard) which meets the standard required by Municipal Code. The project must comply with the new CalGreen code in Chapter 15.48 and supply permeable surfacing or infiltration where not feasible. Permeable pavement or "grasscrete" in the driveway and guest parking area, curb inlets to drain to landscape, and routing a portion of roof drainage to permeable surfaces, or if not feasible then infiltration are required. The adopted CalGreen code requires 15% energy efficiency greater than current Title 24 standards. The project is conditioned upon examining the feasibility as a `cool roof as one means of reducing energy use. Site plan must be modified to show locations of required conduit from roof to electric service panels to facilitate future solar panel installation per Subsection 15.32.140. 10. Other considerations that, in the Commission's judgment, are necessary to assure compatibility with the surrounding uses, and the city as a whole. No other conditions are identified. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15303(a), Class 3 of the California Environmental Quality Act Guidelines, which allows on a second single-family dwelling unit in conformance with codes and where services are available. Section 5. Based on the foregoing, the Planning Commission hereby approves Precise Development Plan 09-8, subject to the following Conditions of Approval: 1. The site, location and use of both single-family residential units shall be substantially consistent with the submitted site plan and floor plans approved by the Planning Commission on March 15, 2011. Minor modifications to the plans required compliance with project conditions or codes may be approved by the Community Development Director. 2. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. 3. Two copies of a final landscaping plan indicating size, type, and quantity of plant materials to be planted, trash and recycling facilities, and utilities within landscaped areas shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of Building Permits which shall also include the following: a) An automatic landscape sprinkler system shall be provided, and shall be shown on plans (building permits are required). b) Landscape plan shall identify existing permeable surface and ensure the preservation of permeable areas on the property to the extent possible by use of permeable landscape areas and permeable hard surfaces (i.e. grass Crete in driveway). Plans shall demonstrate compliance with CalGreen code, H.B.M.C. Section 15.48.020. c) Applicant shall use live drought -tolerant plants. d) Plans shall demonstrate compliance with H.B.M.C. Chapter 8.60 (water efficient landscape standards for small landscape areas). 4. Building height compliance shall be reviewed at the time of plan check to ensure consistency with the Zoning Code and to the satisfaction of the Community Development Director. 5. Any installation of exterior lighting shall be downcast, full cut-off and shall not shine on neighboring properties, and bulbs shall not be visible to pedestrians or people in residences, and shall be the minimum intensity necessary for the intended use. 6. Solid waste facilities/facilities adequate for the proposed use and fully screened in compliance with H.B.M.C. Section 8.12.220 shall be provided. 7. The project construction shall comply with H.B.M.C. Chapter 8.44 and 8.44.080 Good Housekeeping Provisions. Best management practices acceptable to the City shall be prominently shown on coversheet of construction plans. Use of the property shall comply with Chapter 8.60. 8. The project shall comply with all other requirements of the Zoning Code and Municipal Code. The project shall fully comply with the CaiGreen codes set forth in Chapter 15.48. Applicant shall provide an action items list to demonstrate compliance with H.B.M.C. Chapter 15.48. 9. Plans shall be modified to show locations of required conduit from roof to electric service panel to facilitate future solar panel installation per H.B.M.C. Section 15.32.140. 10. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 11. The applicant is responsible for offsite construction within the right-of-way, if any, required by and to the standards of the Public Works Department or other entities. Project construction shall protect private and public property in compliance with H.B.M.C. 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. 12. Hours of construction shall comply with H.B.M.C. Section 8.24.050. 13. The applicant shall submit all required plans and reports in two steps to comply with the City's construction debris recycling program, including manifests from both the recycler and County landfill, prior to final approval of building demolition and issuance of building permits, and prior to project final approval. Applicant shall comply with 65% demolition and debris recycling requirement set forth in H.B.M.C. Chapter 15.48. 14. Final building plans/construction drawings submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. a) 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 onto the property. 15. 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. 16. Approval of this permit shall expire twelve (12) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced or an extension of the permit has been granted. One or more extensions of time may be requested. No extension shall be considered unless requested at least thirty (30) days prior to the expiration date. Section 6. 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 Precise Development Plan. This document shall be recorded and proof of recordation shall be submitted to the City of Hermosa Beach. Each of the above conditions is separately enforceable and, if one of the conditions is found unenforceable by a court of law, all other conditions shall remain valid and enforceable. The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this Precise Development Plan. The City shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City. The Permittee shall reimburse the City for any court and attorney's fees that 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 Precise Development Plan. Section 7. 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. AYES: Comms.Darcy,Hoffman,Perrotti,Pizer,Chmn.Allen NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 11-9 is a true and complete record of the action taken by the P nning Cami "on of the City of Hermosa Beach, California at its regular muting of March 15, 2011. March 15 2011 Date