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P.C. RESOLUTION 05-46
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 #062415 TO
ALLOW A MIXED USE CONDOMINIUM BUILDING WITH ONE
RESIDENCE ABOVE A GROUND FLOOR COMMERCIAL
SPACE WITH A MEZZANINE AT 20 2Nn STREET LEGALLY
DESCRIBED AS LOT 8, BLOCK 2, HERMOSA BEACH TRACT
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by The Jersey Hills LLC and Pat Killen, owners of
real property located at 20 2nd Street seeking approval of a Conditional Use Permit, Precise
Development Plan, and Vesting Tentative Parcel Map #062415 to allow the construction of a
condominium project containing a residence above a ground floor commercial space with a
mezzanine.
Section 22. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on July 19, 2005, 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. 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 "Residence: Residential uses above ground floor
commercial uses(s), including condominium developments" as a conditionally permitted use. This
section was amended by the City Council to also allow residential condominiums. A Precise
Development Plan is required pursuant to Chapter 17.58 for new construction of more than 1500
square feet.
2. The subject property is currently developed with a one-story structure formerly
used as a restaurant.
3. The subject property proposed for mixed -use condominium development contains
2,500 square feet, is designated Neighborhood Commercial on the General Plan Map, and
designated C-1 Neighborhood Commercial on the Zoning Map.
4. The applicant proposes to construct a new building with a residence above a
commercial tenant space on the ground floor with a mezzanine. 6 parking spaces are provided to
comply with the aggregate parking requirements of the commercial and residential uses.
Section 4. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the application for a Conditional Use Permit, and Precise
Development Plan.
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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 for both the commercial and
residential portions of the project, and the project as a whole is in compliance with Section
17.44.180 Mixed -Use Development;
2. The site is zoned C-1 and is physically suitable for the type and density of proposed
development and the project and proposed use comply with the development standards contained
therein;
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;
7. The project provides the number of required off-street parking spaces on -site in
compliance with Chapter 17.44 of the Zoning Ordinance.
8. The project is Categorically Exempt from the requirement for an environmental
assessment, pursuant to the California Environmental Quality Act Guidelines, Sections
15303(b) and 15315 with the finding that the project 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 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 July
19, 2005, incorporating all revisions as required by the conditions below. Any major
modification, shall be subject to review and approval of the Planning Commission.
Minor modifications may be approved by time Community Developmmment. Director but
shall not be final until confirmed by the Planning Commission as a consent calendar
item on the Commission agenda.
2. 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. lases that are subject
to greater parking requirements, such as restaurants/cafes, and medical or dental
clinics are not permitted. Also, Laundromats and dry cleaning business are
prohibited.
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3. Retail uses shall be limited to operation hours between 8:00 A.M. and 10:00 P.M.,
except that a snack shop or coffee house shall have hours limited to between 7:00
A.M. and 9:00 P.M. Any lighting for commercial signs shall be turned off when the
business is not in operation.
4. The project shall meet all requirements of the Condominium Ordinance.
a) Each residential unit shall have the minimum 200 cubic feet of storage space and
plans shall clearly denote storage space and the location of the FAU and vacuum
canister, if provided.
b) Covenants, Conditions, and Restrictions in compliance with the Condominium
Ordinance shall be submitted to the Community Development Department for
review and approval prior to the issuance of building permits.
c) 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.
d) Requirements of Section 17.22.060(F) relating to utilities & (H) relating to Sound
Insulation between units shall be shown on structural plans and reviewed at the
time of Building Division plan check.
4. Project CC and R's, and on -site signage shall specify how the commercial and
residential off-street parking will be used by occupants and customers of the building,
including the following:
a) The handicap accessible space shall be appropriately signed.
5. 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.
6. Architectural treatment shall be as shown on building elevations and site and floor
plans. Any modification shall require approval by the Community Development
Director.
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.
a) At least one street tree shall be provided along the Hermosa Avenue frontage
subject to approval by the Public Works Department.
8. A sign program shall be submitted for review and approval by the Community
Development Department prior to the issuance of any sign permits for individual
businesses. All commercial signs shall be located on the first floor commercial portion.
of the building, and shall be in compliance with the Sign Ordinance requirements for
the C-1 zone.
9. There shall be compliance with all requirements of the Public Works Department
and Fire Department.
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10. 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
11. If garage doors are installed on the garage door openings for the residential parking,
it shall be a roll -up automatic garage door with a minimum 7-foot clearance with the
door in the open position.
12. 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 prior to the submittal to the Building Division
for Plan Check.
a) Construction plans shall include details regarding lighting so as not to adversely
impact residences, and shall not include any flashing, blinking or high intensity
lighting. Lighting shall be included to adequate illuminate parking areas and
corridors.
b) Construction plans shall include locations for electrical connections for
commercial signs
13. Final construction plans shall include detailed lighting plans to ensure compatibility
between uses, and to provide adequate security for the parking areas.
14. 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
recycler and County landfill, prior to final approval of building demolition and
issuance of building permits, and prior to project final approval.
16. 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.
17. The Conditional Use Permit and Precise Development Plan shall be null and void
eighteen months from the date of approval unless building permits have been
obtained. The applicant may apply in writing for an extension of time to the
Planning Commission prior to the dates of expiration.
18. 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.
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b) Building permits will not be issued until the applicant provides an affidavit
certifying mailing of the notice.
19. The owner shall provide separate written disclosure upon sale or rental of the
subject property that it is a mixed use and permits commercial and residential uses
within the building.
20. The project shall be subject to Planning Commission review for conformance to
operating and development conditions six months after occupancy.
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 and Precise Development 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.
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 fall 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 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.
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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:
Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES:
None
ABSENT:
None
ABSTAIN:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 05-46 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California, at their regular
ineeting of July 19, 2005.
Ron Pizer, Chairman Sol. Blumel Id, ecretary
July 19 005
Date
PDPR-20 2n1
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