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HomeMy WebLinkAboutPC Resolution 08-25 - (722 1st St)P.C. RESOLUTION 08-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND VESTING TENTATIVE TRACT MAP NO.70445 FOR A 3,289 SQUARE FOOT 2-STORY COMMERCIAL OFFICE BUILDING CONTAINING 7 OFFICE CONDOMINIUM UNITS AT 722 1' STREET LEGALLY DESCRIBED AS LOT 145, WALTER RANSOM CO'S VENABLE PLACE The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by CG Building Group, LLC, owner of property at 722 1" Street, seeking approval of a Conditional Use Permit and Vesting Tentative Tract Map for 7 office condominium units. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on April 15, 2008, and considered testimony and evidence. Based on the testimony and evidence received the Planning Commission makes. the following factual findings: 1. The applicant is proposing to construct a two-story commercial building containing 3,289 square feet, consisting of surface level parking and 7 commercial office condominium units on the upper level. 2. The building on site contains 7 separate commercial units intended to be sold separately as condominium units. Commercial condominiums require a Conditional Use Permit pursuant to Section 17.22.100 of the Zoning Ordinance and approval of a Vesting Tentative Tract Map. 3 The subject site is located on the south side of 1st Street between Pacific Coast Highway and Ardmore Avenue, easterly adjacent to a residential building. The property has. been vacant since 1961 and was a residential building previously. The proposed project involves the construction of a new two-story commercial building with surface level parking. 4. The project will provide 12 surface level parking spaces, which included 8 standard, 3 compact, and 1 handicap space. The parking level layout involved a simple center access aisle, with 90 degree angled parking on each side. 5. At the June 20, 2006 meeting, the Planning Commission approved a reduced turning radius for wider parking stalls dimension for the subject project. The approved configuration was 10-foot parking stalls and 20-foot aisle. Section 3. Based on the foregoing factual findings the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit, and Vesting Tentative Tract Map: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. Pursuant to the guidelines in Section 17.38.320 of the Zoning Ordinance for review of projects that comply with the first tier standards in the SPA 7 zone. The Planning Commission has determined that: a. The building is designed with a maximum height of 29.98 feet, which is below the allowable height limit for the first tier height of 30 feet. The highest point on the proposed flat roof is located near the southwest corner of the building. Each individual unit has direct access to the roof deck and mechanical equipment on the roof is screened from public view. b. The proposed building has a floor area ratio of 0.68, which is within the first tier standards. C. The first tier standards limit the building size to a maximum floor area of 10,000 square feet or less. The proposed building has a floor area of 3,086 square feet, which comply with the first tier standards. d. A 5-foot landscaped buffer is provided along the westerly property line adjacent to residentially zoned property. A total of eight (8), 15-gallon size specimen trees will be planted along the 5-foot landscaped buffer. In addition, the project provides for 3-foot wide landscaped area at the street frontage as specified in the SPA zone. In order to. comply with the first tier standards, the landscaped areas must cover a minimum of 5% of the lot area. The proposed landscaped areas cover only 4% of the lot area; therefore staff is recommending. the slight deficiency to be resolved as a Conditions of Approval. 3. The subdivision or types of improvements are not likely to cause serious public health problems; 4. The subdivision or type of 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 is compatible and consistent with applicable elements of the City's General Plan, and is compatible with the immediate environment; 6. The project, as conditioned, will conform to all zoning and condominium laws and criteria and will be compatible with neighboring residential properties. Section 4. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan, Conditional Use Permit and Vesting Tentative Tract Map subject to the following Conditions of Approval: 1. The development and continued use of the property shall be substantially consistent with submitted plans as. reviewed by the Planning Commission at their meeting of April 15, 2008, incorporating all revisions as required by the conditions below. Any major modification, including changes in the layout of the condominium units, shall 2 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .25 29 be subject to review and approval of the Planning Commission. Minor modifications may be approved by the Community Development Director. 2. Final plans for building permit issuances shall be revised to incorporate the following. a. The applicant should work with staff to provide a minimum of 5% landscaped areas for the project and provide a detailed landscape plan indicating size, type, and quantity of plant materials. 3. The use of the building and the individual condominium units shall be limited to general office uses allowed in the C-3 zone, and shall not include medical or dental clinics, retail or any other uses subject to greater parking requirements. Residential uses. are strictly prohibited. CC&R's shall include provisions to regulate uses. 4. All parking shall be shared amongst the occupants and patrons of the buildings on site, and owned in common, which shall clearly be set forth in project CC & R's, and no parking spaces shall be assigned for exclusive use by any owner, occupant, or tenant. 5. Decorative paving surfaces shall be provided for the entries into the parking area and the main pedestrian entry. b. Install appropriate pavement marking (i.e. stop bar with STOP legend) on the project driveway immediately beyond the sliding gate to ensure motorists stop prior to the sidewalk before exiting the site. 7. The. applicant shall work with staff to incorporate `green building' design in building construction such as high efficiency glazing and heating, HVAC systems, tankless water heaters and cool roofs. S. The project shall meet. all requirements of the Condominium Ordinance. a. Covenants, Conditions, and Restrictions in compliance with the Condominium Ordinance Section 17.22.120 shall be submitted to the Community .Development Department for review and approval prior to the issuance of building permits. b. Proof of recordation of approved CC & R's shall be submitted to the Community Development Director. thirty (30) days after recordation of the Final Map. 9. A detailed drainage and (SUSMP) Standard. Urban Stormwater Mitigation Plan is required for approval by the Public Works Department, prior to the issuance of building permits and implemented on site, demonstrating best management practices for stormwater pollution control, and for sediment control and erosion control during construction. 3 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 .2s 29 10. The applicant is responsible for all off -site right-of-way construction required by the Public Works Department. 11. The project shall comply with the requirements of the Fire Department. 12. 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 and County landfill, prior to final approval of building demolition and issuance of building permits, and prior to project final approval. 13. Final building plans/construction drawings including site, elevation, floor plan, sections, details, signage, landscaping and irrigation, 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. 14. All roof equipment shall be located and designed to be screened from public view and any portion that exceeds the height limit shall not cover more than 5% of the roof area. 15. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 16. The Conditional Use Permit and Vesting Tentative Tract Map shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 17. Each of the above Conditions of Approval 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. 18. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 19. 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 defense of the action, but such. participation shall not relieve the permittee of any obligation under this condition. 20. 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 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 grant. 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. VOTE: AYES: Perrotti, Pizer, Hoffman, Kersenboom, Allen NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 08-25 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa. Beach, California at their regal eeting April 15, 2008. Sam Perrotti, Chairman Ken Robertson, Secretary April_15,_2008 Date i