HomeMy WebLinkAboutPC 02-7 (44 Hermosa Ave)1
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P.C. RESOLUTION 02-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT
PLAN, AND PARKING PLAN TO ALLOW A MIXED USE
BUILDING WITH TWO RESIDENCES ABOVE COMMERCIAL ON
THE GROUND FLOOR WITH PARKING PROVIDED IN TANDEM
AT 44 HERMOSA AVENUE LEGALLY DESCRIBED AS LOT 3,
BLOCK 41, 1 sT ADDITION TO HERMOSA BEACH TRACT
The Planning Commission of the City ofHennosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by James LaPoint, owner in escrow ofreal property
located at 44 Hermosa A venue seeking approval of a Conditional Use Permit, and Precise
Development Plan to allow the construction of two residential apartments above commercial on
the ground floor and a Parking Plan to allow tandem parking to satisfy parking requirements.
Section 2. The Planning Commission conducted a duly noticed de novo public hearing to
consider the subject application on January 15, and February 19, 2002, at which testimony and
evidence, both written and oral, was pr_esented 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. The subject property is located in the C-1, Neighborhood Commercial Zone. A
Conditional Use Permit is required pursuant to the C-1 permitted use list of Section 17.26.030 of
the Zoning Ordinance, which provides that "residences, one or more apartments may be located
above a commercial building" as a conditionally permitted use. A Precise Development Plan is
required pursuant to Chapter 17.58 for new construction of more than 1500 square feet, and a
Parking Plan is necessary pursuant to Section 17.44.210 to allow the proposed tandem parking to
satisfy required parking.
2. The subject property is currently developed with one-story structures most recently
used for a child day care center. The property consists of the two 30-foot wide lots fronting on
Hermosa Avenue with alley access to the rear.
3. The applicant proposes to construct a new building with commercial on the ground
floor with two attached two-story residential apartments above. Twelve (12) parking spaces are
provided along the alley in 6 pairs of tandem parking.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit, Precise
Development Plan and Parking Plan.
1. The project is consistent with applicable general and specific plans, and is in
compliance with the use and development requirements of the zoning ordinance.
2. The site is zoned C-1 Neighborhood Commercial and the project and proposed use
complies with the development standards contained therein.
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3. Based on Section 17.44.020, the aggregate parking requirement for the proposed
uses on this property is eleven spaces, 6 for the 800 square feet of commercial (limited to
commercial service, office or retail uses) and 5 for the two dwelling units including one guest
space. The plans provide for 12 spaces, in 6 pairs of tandem spaces. This is less than the 11
required spaces since the Zoning Ordinance doesn't recognize tandem parking to count towards
required commercial spaces. However, pursuant to Section 17.44.210 the Planning Commission
may allow for a reduced parking requirement if it is demonstrated that adequate parking will be
provided for customers, clients, visitors, and employees. The Commission finds that the tandem
parking, if properly managed in accordance with the conditions of approval below, will provide
adequate parking.
4. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Sections
l 5303(b) and 15315 with the finding that the pr9ject is in an area with available services.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Conditional Use Permit, Precise Development Plan and Parking Plan subject to the following
Conditions of Approval:
1. The development and continued use of the property shall be in conformance with
submitted plans, received and reviewed by the Commission at their meeting of February
19, 2002, revised to incorporate the alternative parking layout submitted which provides
two-car garages for the residential units and the rest of the parking open. Any minor
modification shall be reviewed and may be approved by the Community Development
Director.
2.
3.
4.
Occupancy of the commercial space on the ground floor shall be limited to uses
permitted in the C-1 zone, and shall not include residential use. Uses that are subject to
greater parking requirements, such as restaurants/cafes, snack shops and medical or
dental clinics are not permitted unless this Parking Plan is amended to allow these uses.
All garage parking shall be permanently assigned to the residential units with two spaces
available for each unit. Outdoor parking not located in front of the residential garages
shall be assigned for commercial tenants, and their employees and customers. The
remaining outdoor parking located in front of the residential garages shall not be assigned,
and shall be available both for residential guest parking and patrons and employees of the
commercial uses. Since these spaces, when occupied, will block access to the residential
garage spaces, their use shall be limited to patrons, employees and residential guests of the
project that remain on the premises. Alternatively, patrons, employees, or residential
guests must make their keys available to someone on the premises who can move their
vehicle to allow for a resident to access or leave the private garage spaces.
Signs shall be displayed identifying the assigned parking spaces, and signs shall be posted
on the garage doors to clearly identify the limitations for users of the parking spaces in
front of the garages to ensure access to the private residential garages. The wording of
these signs and a program for managing use of these parking stalls shall be developed by
the applicant subject to approval of the Community Development Director prior to
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5.
6.
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9.
occupancy of the building. The program shall be implemented on site by the landlord or
his designated property manager or agent.
Precise building height information shall be provided on final project plans, which shall
include corner point elevations provided on a detailed roof plan indicating corner points
of the lot, the location of all property lines and maximum and proposed heights at the
critical points on the roof.
Architectural treatment shall be as shown on building elevations and site and floor
plans. Any modification shall require approval by the Community Development
Director.
Two copies of a final land5pcaping 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
a. At least two street trees shall provided along the Hermosa Avenue frontage subject
to approval by the Public Works Department.
There shall be compliance with all requirements of the Public Works Department and
Fire Department
Precise building height shall be reviewed at the time of plan check, to the satisfaction of
the Community Development Director.
10. Roll-up Automatic garage doors shall be installed on all garage door openings
11. 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 Planni:ng Division for consistency with Planning
Commission approved plans prior to the submittal to the Building Division for Plan
Check.
12. 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 tbis grant.
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.
The Conditional Use Permit, Precise Development Plan and Parking Plan shall be
recorded, and proof of recordation shall be submitted to the Community Development
Department.
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.
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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 no thereafter be responsible to defend,
indemnify, or hold harmless the City.
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 defense of the action, but such participation shall
not relieve the permittee of any obligation under this condition.
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.
The Planning Commission may review this Conditional Use Permit, Precise Development
Plan and Parking 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. 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:
NOES:
Pizer, Tucker, Kersenboom, Chaiman Perrotti
Hoffman
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 02-7 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 February 19, 2002.
~~
Sam Perrotti, Chairman
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Date Pdpr44Hennosa
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