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HomeMy WebLinkAboutPC Reso 10-2 (171-73 Lyndon)P.C. RESOLUTION 10-2 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 #71193 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 171 and 173 LYNDON STREET, LEGALLY DESCRIBED AS LOT 30, BLOCK 41, FIRST ADDITION TO HERMOSA BEACH. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed on December 14, 2009 by Paul J. Lupo and Kay B. Lupo, Co- Trustees of the Paul and Kay Lupo Living Trust, owners of real property located at 171 and 173 Lyndon Street, seeking approval of a Conditional Use Permit 10-1, Precise Development Plan 10-1, and Vesting Tentative Parcel Map #71193 for a two-unit condominium project. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on January 19, 2010, 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 infill development consisting of the same number of units 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 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 duplex with attached garage, and develop a two- unit residential condominium project. 2. The subject property proposed for condominium development contains 2,859 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 and R-P zone because the project is an allowed use and has a density of less than 33 units per acre, and as conditioned complies with all standards. 2. The site is zoned R-P and is physically suitable for a two-unit residential condominium consisting of one building, with each unit containing 3-stories with roof deck. Unit A fronting Lyndon Street contains 2,029 square feet of habitable area and Unit B facing First Court contains 1,594 square feet of habitable area. A two- car garage is located on the ground level of each unit. 1 3. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, parking and construction requirements, and therefore are not likely to cause public health problems. 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 at the time of Final Map review. 6. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring properties which are similarly residential. 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 will in no way be inconsistent with the prevailing lot pattern or reduce property values in the surrounding neighborhood area because the project is similar to surrounding development, 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. 9. The size of the proposed lot 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 10 of 13 sites zoned R-P. 10. 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 to the R-P zone and condominium ordinance. 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 and R-P zone because the project is an allowed use and has a density of less than 33 units per acre, and as conditioned complies with all standards. 2. The site is zoned R-P and is physically suitable for a two-unit residential condominium, consisting of one building, each unit containing 3-story with a roof deck above; the project will replace an existing duplex. Unit A fronting Lyndon Street contains 2,029 square feet of habitable area and Unit B facing First Court contains 1,594 square feet of habitable area. A two-car garage is located on the ground level of each unit. 3. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, supply all required off-street parking and safe access from a public street, will not cause substantial traffic impacts due to no net increase in density, and will comply with all construction requirements. 4. Design of the proposed subdivision as conditioned is compatible and consistent with applicable elements of the City’s General Plan and the immediate environment, including compensation for loss of permeable surfaces, 2 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. 5. The project as conditioned will conform to all zoning and condominium standards and will be compatible with neighboring residential properties which also contain two and three story condo projects. 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 two-unit condominium project subject to the following Conditions of Approval: General: 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 January 19, 2010, 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 meet all requirements of the R-P zone and the R-3 zone as applicable, and the Condominium Ordinance in Chapter 17.22 of the Municipal Code, including but not limited to: a) Height shall fully comply with the 30 foot height limit. b) Guest parking for unit B shall comply with the requirement for an 18-foot stall depth with a 23-foot turning radius. c) Design and construction shall comply with Section 17.22.060 except as specifically stated in this Resolution. d) 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. e) Each unit shall supply a minimum 200 cubic feet of storage space in compliance with Section 17.22.060(E), and plans shall clearly denote storage space, and the location of the forced air unit and vacuum canister if provided. 3. The Covenants, Conditions, and Restrictions (CC&Rs) submitted with the application 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) Each guest space shall remain open and accessible to guests of its assigned unit, rather than being used for storage or any other purpose, 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. The project shall comply with all requirements of the Building Division, Public Works Department, and Fire Department. Building Plans: 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: 3 a) The applicant shall provide a landscape plan to comply with Section 17.22.060(H) to the satisfaction of the Community Development Director. A minimum of two 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). 6. 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 dimension 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 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. c) Trash and recycling facilities shall comply with Chapter 8.12. d) Any satellite dish antennas and/or similar equipment shall comply with Section 17.46.240. 7. All 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. 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 from the property. 8. 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 and use roof materials suitable for the potential future installation of solar energy systems. The applicant shall install “Grasscrete” or other permeable material in the driveway, guest parking spaces and other non-landscaped areas to the maximum extent feasible. Curb inlets to allow drainage to landscape shall be installed. 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 reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. Prior to the submittal of structural plans to the Building Division for Plan Check an ‘Acceptance of Conditions’ affidavit and recording fees 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 of approval. 4 10. 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. 11. 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. Final Map and Certificate of Occupancy 12. The Final Map shall comply with all requirements of the Subdivision Map Act and Chapter 16.08 of the Municipal Code. 13. Prior to filing 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. 14. 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. Construction: 15. 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. 16. 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. 17. 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. 18. During project construction, the applicant shall at all times comply with the Best Management Practices set forth in Chapter 8.44. Other: 19. 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. 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. 5