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HomeMy WebLinkAboutPC Resolution 09-06 - (931 1st st)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 #70888 FOR A FOUR - UNIT CONDOMINIUM PROJECT AT 931 FIRST STREET, LEGALLY DESCRIBED AS LOT 38, TRAFTON HEIGHTS. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on January 20, 2009 by Mark La Charite Homes, Inc. and RE Diversified Management, Inc. owners of real property located at 931 First Street, seeking approval of a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #70888 for a four -unit condominium proj ect. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on February 17 at which time the applicant requested a continuance and March 17, 2009, 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 four units zoned for residential uses, the project as conditioned will comply with all zoning codes and 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 is proposing to demolish the existing single-family dwelling and detached garage on the property, and develop a four -unit residential condominium project. 2. The subject property proposed for condominium development contains 6,734 square feet, is designated High Density Residential on the General Plan Map, and designated R-P Residential Professional on the Zoning Map. The R-P zone allows residential development with the same density standards as the R-3 zone. 3. The proposal has been designed and is conditioned to ensure the requirements of the Condominium Ordinance set forth in Sections 17.22.030 to 17.22.060 are met. 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 Section 16.08.060 of the Municipal Code: 1. The proposal is consistent with the General Plan High Density Residential designation allowing 33 units per acre. 2. The site is zoned R-P and is physically suitable for a four -unit residential condominium consisting of two buildings, each containing two 2-story units with 1,859 square feet of habitable area and attached garages. 3. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, parking and construction requirements, are not therefore likely to cause serious public health problems. M 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. 6. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring commercial and residential properties. 7. That 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 and accordingly has been determined to not have a significant effect on the environment. In addition, the subject site is located in an urban environment. Therefore, impacts to fish or wildlife or their habitats would be extremely unlikely as a result of this project. 8. The proposed subdivision would not create lots smaller than a forty (40) foot width and having less than four thousand (4,000) square feet because the existing lot is 40' wide by 168' long (6,720 square feet) and will otherwise result in the division of airspace. 9. The proposed subdivision will in no way be inconsistent with the prevailing lot pattern or reduce property values in the surrounding neighborhood area because the project 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. 10. The size of the proposed lots 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 13 of 18 sites zoned R-P. 11. 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 with the zoning code. It would result in the creation of lots that would be of a size and configuration which would be in keeping with the standards of development specified by the zoning ordinance for the R-P zone. 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 allowing 33 units per acre. 2. The site is zoned R-P and is physically suitable for a four -unit residential condominium, consisting of two buildings, each containing two 2-story units with 1,859 square feet of habitable area and attached garages; the project will replace an existing unit and be developed at less than the maximum allowable density. 3. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, supply all required off-street parking, safe access and will not cause substantial traffic impacts, and will comply with all construction requirements. 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, all density and development standards, and access and services are provided including a park dedication in -lieu fee. 6. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring commercial and residential properties. Section 7. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Tract Map for a four -unit condominium project subject to the following Conditions of Approval: 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 Commission at their meeting of March 17, 2009, revised in accordance with the conditions below. 2. The project shall meet all requirements of the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not limited to all of the following: a) Design and construction shall comply with Section 17.22.060 except as specifically stated in this Resolution. b) 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. c) Each unit shall supply a minimum 200 cubic feet of storage space and plans shall clearly denote storage space, and the location of the forced air unit and vacuum canister if provided. 3. Covenants, Conditions, and Restrictions (CC&Rs) submitted shall be reviewed and approved by the Community Development Director in conformance with Section 17.22.050 prior to the issuance of Building Permits. a) Two guest parking spaces shall remain open and accessible to guests of all the units, rather than being used for storage or the exclusive use of any one person or unit 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. There shall be compliance with all requirements of the Public Works Department and Fire Department. 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 revise the landscape plan to comply with Section 17.22.060(R) to the satisfaction of the Community Development Director. A minimum of four 36-inch box size drought tolerate trees shall be provided. b) An automatic landscape sprinkler system shall be provided, and shall be shown on plans (Building Permits are required). T 6. Architectural treatments 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) Second story windows on the east elevation shall be reconfigured to maximize privacy for adjacent uses to the extent allowed by Fire Codes. b) Roll -up automatic garage doors shall be installed on all garage door openings. 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) Trash and recycling facilities shall comply with Chapter 8.12. 7. Any satellite dish antennas and/or similar equipment shall comply with Section 17.46.240. 8. 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. Addressing numbering and display shall be subject to approval by the Community Development Department. 9. All drainage shall be routed to a facility approved by the City. No drainage shall flow over any driveway or sidewalk. 10. Mirrors shall be situated and maintained on the site to provide visibility to vehicles accessing driveways and garages, to the satisfaction of the Community Development Director. 11. The applicant 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. The applicant is encouraged to install a 'cool' roof or use roof materials suitable for the potential future installation of solar energy systems. r The applicant shall install "Grass-crete" or other permeable material and appropriate drainage underlying one guest parking space; permeable paving and appropriate drainage over driveways between the buildings and curb inlets to allow drainage to landscape shall be installed, all to the satisfaction of the community development director. 12. 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 prior to the submittal to the Building Division for Plan Check. a) If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property 9wner(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. 13. 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 owner is aware of, and agrees to accept, all of the conditions of this grant. 14. 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. 15. During project construction, the applicant shall comply with Best Management practices in Chapter 8.44 for stormwater discharge from the site. 16. Prior to approval 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. 17. 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. 18. The Conditional Use Permit and Precise Development Plan shall be null and void twenty-four (24) months from the date of approval unless building permits have been obtained, and approval of the Vesting Tentative Parcel Map shall become null and void twenty-four (24) months from the date of approval unless the Final Map is recorded and the project implemented. The applicant may apply in writing for an extension of time to the Planning Commission prior to the dates of expiration. 19. 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. 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. 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. 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 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 Conditional Use Permit. 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 Conditional Use Permit. 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: Allen, Darcy, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 09-6 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of Marc 17, 2009, Ron Pizer, Chairman n ob son, ecretary March 17 2009 Date 0