HomeMy WebLinkAboutPC Resolution 05-691
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P.C. RESOLUTION 05-69
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT AND
VESTING TENTATIVE TRACT MAP NO. 064484 FOR AN 6,495 SQUARE
FOOT COMMERCIAL BUILDING CONTAINING 16 COMMERCIAL
CONDOMINIUM UNITS AND AN ENVIRONMENTAL NEGATIVE
DECLARATION AT 727 2ND STREET LEGALLY DESCRIBED AS LOTS 65
AND 88, THE WESTERLY 5 FEET OF LOTS 64 AND 89, AND THE
EASTERLY 10 FEET OF LOT 87, WALTER RANSOM CO'S VENABLE
PLACE
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as
follows:
Section l . An application was filed by Slaven-Ralls, LLC, owner of property at 727 2na
Street, seeking approval of a Precise Development Plan to construct a 6,495 square -foot
commercial building, a Conditional Use Permit and Vesting Tentative Tract Map for 16
commercial condominium units.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on November 15, 2005, 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 three-story commercial building containing
6,495 square feet, consisting of two floors of commercial condominiums above ground level
parking, which requires a Precise Development Plan pursuant to Chapter 17.58 of the Zoning
Ordinance.
2. The buildings on the site contain 16 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 north side of 2na Street between Pacific Coast
Highway and Ardmore Avenue, westerly adjacent to a. City parking lot, Because the site merges
two lots together,, it has frontages on both 2nd and 3�a Streets. The property is currently vacant
and contains a fenced parking lot. The proposed project involves the removal of the existing
fencing and pavement of the parking lot and the construction of a new three-story commercial
building with ground level parking.
Section 3. Based on the foregoing factual findings the Planning Commission makes the
following findings pertaining to the application for a Precise Development Plan, Conditional Use
Permit, and Vesting Tentative Tract Map:
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1. Pursuant to the guidelines in Section 17.38.330 of the Zoning Ordinance for
review of projects that exceed first tier standards in the SPA 7 zone, The overall building and
project design is of a superior quality, is compatible with surrounding properties and is designed
in scale with the community. In making this finding, the Planning Commission has determined
that:
a. The exterior of the building is designed with stepping rooflines and stepped features
to avoid a massive flat building face. The building is enhanced with architectural features
and materials to improve its appearance and function.
b. A landscaped plan is included which shows ample and generous landscaping at both
street frontages and along the westerly property line. The landscape areas provided at the
street frontages comply with the 3-foot minimum dimension as specified in the SPA zone,
and are primarily comprised of agapanthus and jasmine plants. A 5-foot landscaped
buffer is provided, as required, along the westerly property line of the parking lot, which
is comprised of low shrubs, vines, and 23 15-gallon size strawberry tree as required. The
landscaped areas cover approximately 10.7% of the site, which exceeds the minimum
required first tier standard of 5%.
C. Because of its low scale and relatively small size, the building will be compatible
with neighboring projects, and the character of both Pacific Coast Highway and the
residential neighborhood to the west.
2. The general criteria of Hermosa Beach Municipal Code Section 17.38.330(C) for
granting or conditionally granting a Precise Development Plan in the S.P.A. 7 zone have been
considered. In making this finding, the Planning Commission has determined that:
a. The proximity of the project to existing residential uses will not result in negative
effects with incorporation of the conditions below.
b. The project provides all required off-street parking.
C. The use proposed is compatible with those in the surrounding the area.
d. The capacity and safety of the streets serving the area is adequate for the traffic
volume estimated to be generated by the project as shown by the traffic impact
analysis prepared by Linscott, Law and Greenspan, which demonstrates that that the
development and full occupancy of the proposed project will not cause any
significant traffic impacts for the nearby study intersections, any significant
transportation impacts on the County CMP roadway network, and any significant
cumulative traffic impacts.
e. Building and driveway orientation is appropriate to minimize noise and traffic
impacts on nearby residential areas.
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f. The project will not result in adverse noise, odor, dust or vibration environmental
impacts.
g. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
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 criteria of Hermosa Beach Municipal Code Section 17.58.030(C) for denial
of a Precise Development Plan are not applicable. In making this finding, the Planning
Commission has determined that:
a. The project will not substantially depreciate property values in the vicinity, or
interfere with the use or enjoyment of property in such area, because of excessive
dissimilarity or inappropriateness of design in relation to the surrounding vicinity.
b. The project will not have significant environmental adverse impacts.
Section 4. Envirorunental Review.
1. Pursuant to the California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, the Staff Environmental Review Committee prepared an Initial Study of
the potential environmental effects of the proposed project. Based upon the Initial Study, the
Committee determined that there was no substantial evidence, in light of the whole record before
the City, that the project would have a significant effect on the environment. City staff thereafter
prepared a Negative Declaration for the project and duly provided public notice of the public
comment period and of the intent to adopt the Negative Declaration. A copy of the Initial Study
and Negative Declaration are attached hereto and incorporated herein by reference.
2. The Planning Commission has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration. Based on the whole record, the Planning
Commission finds that: (i) the Negative Declaration was prepared in compliance with CEQA;
and (ii) there is no substantial evidence that the proposed project will have a significant effect on
the environment. Based on these findings, the Planning Commission hereby adopts the Negative
Declaration prepared for the proposed project.
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Section 5. 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
November 15, 2005, incorporating all revisions as required by the conditions below.
Any major modification, including changes in the layout of the condominium units,
shall be subject to review and approval of the Planning Commission. Minor
modifications may be approved by the Community Development Director but shall
not be final until confirmed by the Planning Commission as a consent calendar item
on the Commission agenda.
2. Final plans for building permit issuances shall be revised to incorporate the
following.
a. A decorative block wall 8 feet in height shall be provided along the westerly
property line.
a. Decorative paving surfaces shall be provided at driveway entry areas.
3. The use of the building and the individual condominium units shall be limited to
general office uses allowed in the SPA-7 zone, and shall not include medical or
dental clinics, or any other uses subject to greater parking requirements.
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. 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.
6. 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.
7. The applicant is responsible for all off -site right-of-way construction required by
the Public Works Department.
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8. The project shall comply with the requirements of the Fire Department.
9. 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.
10. 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.
11. 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.
12. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
13. The Conditional Use Permit and Precise Development Plan shall be recorded, and
proof of recordation shall be submitted to the Community Development
Department.
14. 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.
15. 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.
16. 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.
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17. 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.
Sect ,og 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:
Allen, Hoffinan, Kersenboom, Perrotti, Pizer
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 05-69 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 ; Nov r ber 15, 2005,
N
Ron Pizer, Chairman Sol Blume Feld, Secretary
November 15 2005
Date
PDPR727
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