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HomeMy WebLinkAboutPC Reso 13-6 (583 Prospect Av)1 P.C. RESOLUTION 13-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AND PRECISE DEVELOPMENT PLAN FOR A TWO-UNIT CONDOMINIUM PROJECT, AT 583 PROSPECT AVENUE, LEGALLY DESCRIBED AS LOT 45, TRACT #5209, 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 by Andrew &Terri Leighton, owners of real property located at 583 Prospect Avenue, seeking approval of a Conditional Use Permit and Precise Development Plan for a two-unit condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application (PDP 13-5, CUP 13-4) on March 19, 2013, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. On January 15, 2008 the Planning Commission approved Conditional Use Permit 07-12, Precise Development Plan 07-11 and on July 21, 2009 the Planning Commission approved a one year extension of the CUP and PDP, which have subsequently expired. The Vesting Tentative Map approved per Planning Commission Resolution 08-1 remains effective by operation of law. The applicant is reapplying for a CUP to allow a two-unit condominium project and a PDP to construct the second unit (Unit B). The proposed plans for Unit B are the same as previously approved with the exception of the elimination of the roof deck and corresponding increase in height. Unit A was developed before the prior approvals expired. 2. The subject property proposed for condominium development contains 5,955 square feet, is designated Medium Density Residential on the General Plan Map, and zoned R-2B (Limited Multiple- Family Residential). The site is currently developed with an existing 3,209 square foot single-family dwelling with attached garage and an additional detached garage proposed to be demolished. Section 4. 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 5. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan and Conditional Use Permit: 1. The site is zoned R-2B, complies with density requirements of the General Plan and Zoning Code, and is physically suitable for the type and density of proposed development. Unit B is proposed to be a 2,782 square foot, three-story, four bedroom condominium with an attached two-car garage. Each unit will supply 2 parking spaces and two guest spaces accessed from 6th Street. Unit A supplied replacement parking for one space lost due to extension of the curb cut. 2 2. The project, as conditioned, will conform to all zoning and condominium regulations and criteria, the design of the two units is compatible, and the project will be compatible with neighboring residential properties. All required yards and open space are provided. The project is conditioned to require careening of Trash and recycling areas. 3. Project design as conditioned is compatible and consistent with 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 and landscaping to enhance aesthetics, via compliance with landscaping and Cal-Green codes, and access and services are provided. 4. The proposed development is compatible with the surroundings. The subject site and properties to the south, west and north are zoned R-2B. Lots east of Prospect are zoned R-1 and Fort Lots-of-Fun park is also located to the east. One and two-story units comprise most development in the immediate area. Section 6. Based on the foregoing, the Planning Commission pursuant to Section 17.58.030 and 15.56.020 hereby approves the subject Conditional Use Permit and Precise Development Plan finding the site is suitable for the proposed development and it will be compatible with the surroundings, 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 its meeting of March 19, 2013, 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 comply with all requirements of the R2-B Zone and the Condominium Ordinance in Chapter 17.22. a) Each unit shall provide the minimum 200 cubic feet of storage space and plans shall clearly denote storage space and the location of the FAU for Units A and B. b) Proof of recordation of approved CC & R’s shall be submitted to the Community Development Director six (6) months after recordation of the Final Map. c) Requirements of Section 17.22.060(G) & (H) shall be shown on structural plans and reviewed at the time of Building Division plan check. d) Conduit to accommodate roof mounted alternative energy equipment for solar energy and solar thermal shall also be supplied per Section 15.32.140 for Unit B. 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. 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 Unit B driveway 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. 3 5. 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 an onsite or offsite residential unit. Exterior lighting shall not be deemed finally approved until 30 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. Trash and recycling on the site, including for Units A and B, shall be screened so they are not visible from the street. 6. 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; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled 7. Two copies of a final landscaping plan indicating size, type, and quantity of plant materials to be planted shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of Building Permits, consistent with landscape plans submitted to the Planning Commission and consistent with Section 8.60.060. 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). 8. Any satellite dish antennas and/or similar equipment shall comply with the requirements of Section 17.46.240. 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 revised and approved by the Planning Division for consistency with Planning Commission approved plans prior to the submittal to the Building Division for Plan Check. 10. 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. 11. An elevation certification from a licensed surveyor or civil engineer is required prior to the building inspector approves 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 4 elevation as compared with the street/curb elevation will allow for a complying driveway slope. 12. 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, undergrounding of all utilities, sidewalk, curb and gutter improvements along 6th Street, onsite and offsite drainage (no sheet flow permitted), installation 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. 13. Any existing or proposed encroachments in the public right-of-way, must comply with or be corrected as necessary to meet the requirements of Chapter 12.16 of the Municipal Code, including the requirement to obtain an encroachment permit from the Public Works Department. 14. Prior to issuance of a building permit, abutting property owners and residents within 100 feet 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. 15. 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. 16. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department, and the City of Hermosa Beach Municipal Code. Plans shall be revised to conform to the City’s adopted codes, currently the 2010 Building codes. 17. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. 18. The plans shall comply with Subsection A4.106.4 (water permeable surfaces) of Section 15.48.020. 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, plans shall show the exact location of the subsurface infiltration system, 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. 19. 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 5 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. The recorded agreement must be on file with the City prior to issuance of the Certificate of Occupancy. 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 and posted at construction site. 22. 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 subject to approval by the Community Development Department. 23. Approval is conditioned upon compliance with the approved Tentative Map per Planning Commission Resolution 08-1 and recordation 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. 24. 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. 25. 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 resulting from the subject use. 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 grant. The Conditional Use Permit and Precise Development Plan shall be recorded, 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.