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HomeMy WebLinkAboutPC Resolution 09-22 - (111 Barney Ct)P.C. RESOLUTION 09-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A SECOND DETACHED DWELLING IN THE SPA-2 ZONE AT 111 BARNEY COURT, LEGALLY DESCRIBED AS LOT 29, TRAFTON HEIGHTS, 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 Dave Drorbaugh seeking approval for a Precise Development Plan on a parcel zoned Specific Plan Area 2 at I I I Barney Court. Section 2. The Planning Commission conducted duly noticed a public hearing to consider the application for a Precise Development Plan 09-10 on July 21, 2009 at which time the applicant was provided an opportunity to revise the project to address various concerns and the matter was continued to August 18, 2009, at which time the Staff Report and testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. Based on the Staff Report, testimony and evidence received, the Planning Commission makes the following factual findings: 1. The applicant is proposing to demolish one of the two detached dwelling units and a nonconforming detached garage and construct a new detached 2-story unit with a basement fronting Barney Court on the properly; 2. The site encompasses 5,846 square feet and is zoned SPA-2 and designated as Specific Plan Area on the General Plan Map with a maximum allowable density of 14.7 dwelling units per acre. Two detached units are allowed on the lot which has two street frontages; 3. The proposed project complies with SPA-2 development standards and will be conditioned to ensure full compliance with preservation of permeable surface on the property; 4. The proposed project provides three additional onsite parking spaces in front of the garage to compensate for loss of two on -street parking spaces on Barney Court as a result of the new driveway approach; 5. The applicant has revised the basement level of the project by replacing the office with a bedroom, providing an open stairway, providing a wet bar with under -counter refrigerator and sink (no garbage disposal) in the game room, providing a compliant separation between habitable buildings, housing trash within the garage, showing articulation to reduce building massing and enhance building fagade, providing a landscape plan, and showing location of solar conduit. 6. The proposed improvements are compatible with the zoning district and the project is compatible with the immediate environment; and 7. The project, as conditioned, will conform to all zoning laws and criteria and will be compatible with neighboring residential properties. 8. A field investigation revealed that with regard to the dwelling unit fronting Meyer Court that is being retained the two -car garage has been partitioned into two one -car garages, a wet bar sink with a garbage disposal and microwave oven on the first level and a full kitchen on the second level, and a door with turn -key lock at the top of the first level stairway thereby creating an enclosed stairway and preventing entry into the second level, which violates the Municipal Code. Section 4. The project is Categorically Exempt from the California Environmental Quality Act per Guidelines, Section 15302, Class 2 Replacement of Existing Structures is of similar footprint and intensity as the existing use, within an urban area with availability of public and urban services and access. Section 5. Based on the foregoing, the Planning Commission find pursuant to H.B.M.C. Section 17.58.030 that the project will not impact residential or sensitive uses, will not cause significant noise or odor impacts, utilities services are available as the proposed use is same as existing, parking will be adequate and the use will generally be compatible with residential uses and the surroundings as follows: 1. Distance from existing residential uses in relation to negative effects. The subject property is surrounded by properties zoned SPA-2, R-1 and R-3 and developed with residential uses. With the revised floor plan and architectural details, and condition to ensure that the basement will not be used as a separate rental unit, no negative effects are identified. 2. The amount of existing or proposed off-street parking in relation to actual need. The existing 1-car detached garage oriented to Barney Court will be demolished and replaced by a 3-car garage within the semi -subterranean basement of the new unit fronting Barney Court and comply with SPA-2 requirements and is considered adequate for the future single family dwelling use. The existing unit fronting Meyer Court (which is not proposed to be altered) will continue to have 2 nonconforming parking spaces in front of and on the side of the garage. While the new driveway approach will eliminate 2 on -street parking spaces, the proposed 24-foot garage setback will provide 3 onsite parking spaces and compensate for the loss of 2 on -street parking spaces. 3. The combination of uses proposed, as they relate to compatibility. The proposed use is the second dwelling unit on the parcel and is compatible with the existing dwelling and surrounding residential uses. There are 10 parcels zoned in SPA-2 on Meyer Court and Barney Court. Of the 10 parcels, 6 are through -lots and contain two dwelling units. The remaining 4 parcels are smaller half -lots and are developed with one single family dwelling unit. Therefore, two units on this through -lot will be compatible with the surrounding uses and density. 4. Estimated generated traffic volume and the capacity and safety of streets serving the area. Barney and Meyers Courts are 40 foot wide streets. The net number of single-family units on the property will remain the same and no net increase in traffic is projected. S. The proposed exterior signs, decor, and compatibility with existing establishments in the area. The proposed residential unit will not have any exterior signage. The new building has a contemporary design with tan stucco finish, dark decorative wood shutters and decorative deck railing. The design is consistent with existing buildings in the vicinity, some of which have been redeveloped in recent years. Compliance with the required side yard setback with minimize privacy intrusion. b. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools. The proposed building will be oriented to Barney Court as required by SPA-2 development standards for lots with two street frontages. The proposed garage fronts the street and will be accessed by the existing encroachment onto Barney Court, a one-way street. There are no other sensitive uses nearby. Considering that the new unit will replace an existing unit and have the same orientation, there is minimal impact to residential properties nearby. 2 7. Noise, odor, dust andlor vibration that maybe generated by the proposed use. Compliance with hours of construction in Municipal Code Section 8.24.050 and use as a single family use will ensure no adverse impacts occur. 8. Impact of the proposed use to the city's infrastructure, andlor services. The proposed use is similar to the former building and will utilize existing infrastructure, although it can be expected that increased dwelling size will increase use of utilities. Solar panels proposed to be located on the new unit may reduce offsite energy consumption. 9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms. a) The proposal is exempt from the California Environmental Quality Act and does not require a Standard Urban Stormwater Management Plan. Best management practices are displayed on the project plan. Best management practices shall be reviewed for acceptance by the City and displayed on construction plans to ensure compliance with Section 8.44.080 Good Housekeeping Provisions. b) Overall, the project will reduce landscape and permeable area by over 400 square feet largely on that portion of the lot to be redeveloped; 400 square feet of open space must be provided on grade, although 100 square feet may be provided by a deck. The submitted landscape plan does not address permeable area, however, the project is conditioned on replacement of existing permeable area with permeable area, use of drought tolerant landscape; an automatic irrigation system. 10. Other considerations that, in the Commission's judgment, are necessary to assure compatibility with the surrounding uses, and the city as a whole. Alteration of the unit fronting Meyer Court and possible use as two units by including a disposal in the wet bar sink, partitioning the garage, and installing a door with lock creating an enclosed stairway and inaccessible levels violates Municipal Code Section 17.04.040 and building codes, and so the project is conditioned to require removal of these alterations. The revised floor plan for the proposed new unit, addition of architectural details, and conditions to ensure that the basement will not be used as a separate rental unit. Given the future potential to alter the property for use as more than two dwelling units, the project is conditioned upon a deed restriction to this effect. No other considerations are identified. Section 6. Based on the foregoing, the Planning Commission hereby approves Precise Development Plan 09-10, subject to the following Conditions of Approval: 1. The site, location and use of the single-family residential unit shall be substantially consistent with the submitted site plan and floor plan approved by the Planning Commission on August 18, 2009. Minor modifications to the plans required compliance with project conditions or codes may be approved by the Community Development Director. 2. Prior to the issuance of building permits, property owner shall execute a deed restriction approved as to content and form by the Community Development Director and City Attorney, to limit the use of the property to two single-family dwelling units, and the proposed building to a single-family dwelling, and such deed restriction shall be recorded with the Office of the Los Angeles County Recorder. 3. Prior to the issuance of building permits, property owner shall demonstrate that the partition wall in the garage, garbage disposal in the wet bar sink, and door enclosing the stairway including hinges and lock have been permanently removed in the dwelling facing Meyer Court. 3 4. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. 5. Two copies of a final landscaping plan indicating size, type, and quantity of plant materials to be planted and utilities within landscape 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 requires separate building permit. b) Landscape plan shall identify existing permeable surface and ensure the preservation of permeable areas on the property to approximately the same square footage as existed at the date of approval; any deficit in permeable landscape areas shall be compensated for by permeable hard surfaces. c) Applicant shall use live drought -tolerant plants except within the garden area. 6. Architectural treatment shall be as shown on building elevations, site and floor plan. Building height compliance shall be reviewed at the time of plan check to ensure consistency with the Zoning Code, to the satisfaction of the Community Development Director. 7. All driveways shall not exceed the maximum slope of 12.5%. Finish grade elevations at the garage entrances and along the driveway edges shall be shown on plans, including a driveway profile and coordinated with civil drawings to determine compliance. 8. An elevation certification from a licensed surveyor or civil engineer is required prior to approval by the City of the forms for pouring concrete of the garage slab and/or driveway. The certification must verify that the grade elevation of the parking/garage slab is established at an elevation consistent with approved plans, and verification that this elevation as compared with the street/curb elevation will allow for a complying driveway slope. 9. 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. 10. Submitted roof plan shows location of required conduit for solar panel installation and shall be installed consistent with plans approved by Planning Commission on August 18, 2009. 11. Solid waste facilities/containers adequate for the use and fully screened in compliance with Municipal Code Section 8.12.220 shall be provided. 12. The project shall comply with Chapter 8.44 and Section 8.44.080 Good Housekeeping Provisions. Best management practices acceptable to the City shall be prominently shown on construction plans. 13. The project shall comply with all other applicable requirements of the Zoning Code and Municipal Code. 14. The project shall comply with the requirements of the Building, Fire and Public Works Departments. 15. 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 recycier El and County landfill, prior to final approval of building demolition and issuance of building permits, and prior to project final approval. 16. 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. 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. 17. The applicant shall incorporate the 'green elements' shown on the plans and shall work with staff to integrate reasonable sustainable development standards from the Green Building Design Checklist. 18. The applicant is responsible for offsite construction within the right-of-way, if any, required by the Public Works Department or other entities. 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. 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. 20. The Precise Development Plan shall not be effective until all procedures prescribed under Chapter 17.58 of the H.B.M.C. and all Conditions of Approval have been complied with. The Precise Development Plan shall expire and be null and void one (1) year from the date of approval unless significant construction or improvements have commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Planning Director including the reason therefore, at least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. Section 7. 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. 5 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 8. 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,Darcy,Perrotti NOES: Comm.Hoffman,Chmn.Pizer ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 09-22 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their pegular meeting of August 18, 2009. Ron Pizer, Chairman August 18, 2009 Date F:b95\cd\pc\2009\08-18-09\111 barney ct reso final e