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HomeMy WebLinkAboutPC Resolution 04-0110 11 12 13 14 is 16 17 19 19 20 21 22 23 24 2s 26 27 2s 29 P.C. RESOLUTION 04-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AS AMENDED TO ALLOW A MIXED USE CONDOMINIUM BUILDING WITH THREE RESIDENCES ABOVE COMMERCIAL ON THE GROUND FLOOR AND PARKING PLAN TO ALLOW TANDEM PARKING AND PARKING WITH SUBSTANDARD DIMENSIONS AT 30-44 HERMOSA AVENUE LEGALLY DESCRIBED AS LOTS 1,2 AND 3, BLOCK 41, 1ST ADDITION TO 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 Pat Zingheim and Jay Schuster, owners of real property located at 30-44 Hermosa Avenue seeking approval to amend a Conditional Use Permit, and Precise Development Plan to allow the construction of condominium project pursuant to the approved Vesting Tentative Tract Map previously approved containing three residences above commercial on the ground floor with a modified development plan, and a Parking Plan to allow required parking in tandem and with substandard turning radius. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the subject application on January 20, 2004, 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 Planning Commission approved a Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map at their meeting of August 19, 2003, for a similar project, which included subterranean parking with retail on the ground floor and residences above. The applicant has now revised the project to eliminate the subterranean parking and to provide required parking on grade, reducing the amount of commercial square footage and resulting in other modifications to the project. 2. 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. 3. The subject property is currently developed with one-story structures most recently used for a child day care center and thrift store. The property consists of the three 30-foot wide lots fronting on Hermosa Avenue with alley access to the rear. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 2e 29 4. The applicant proposes to construct a new building with subterranean parking and commercial on the ground floor with three attached two -level residential condominiums units above. 17 spaces are provided with 8 in the private garage for residential occupants, and 9 with access directly from the alley. 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 and map are 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 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. While some of the parking is provided in tandem the Commission finds that reduced parking is acceptable pursuant to Section 17.44.210 Parking Plans, since the spaces will be provided on -site with and will be functional for the uses proposed. 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 and Vesting Tentative Tract Map as amended 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 January 20, 2003, revised in accordance with the following: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 2s 29 a). The applicant shall work with staff to resolve the deficiencies with respect to stall width and turning radius for the commercial stalls with direct access to the alley. 2. Occupancy of the commercial space on the ground fluor 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, and medical or dental clinics are not permitted. Also, Laundromats and dry cleaning business are prohibited. 3. Commercial uses shall be limited to operation hours between 7:00 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. 4. The project shall meet all requirements of the Condominium Ordinance. a) A minimum 5-foot front yard setback shall be provided for the residential condominium portion of the project. b) 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. c) 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. d) 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. e) Requirements of Section 17.22.060(G) & (H) shall be shown on structural plans and reviewed at the time of Building Division plan check. 4. Tandem parking for two spaces per unit shall be permanently and exclusively assigned to the residential units. 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 three street trees 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 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 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 (a) Detailed plans for off -site improvement shall be prepared by a licensed surveyor or civil engineer for approval by the Public Works Department and shall include a design to remedy the drainage situation on Palm Drive. 10. The lots comprising the project site shall be merged in accordance with Section 16.20.110 of the Subdivision Ordinance. 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 subject to approval by the Community Development Department 12.If garage doors are installed on the garage door opening, it shall be a sliding automatic garage door with a minimum 7-foot clearance. 13. The property owner(s) shall record an agreement to assume the risk associated, with use and operation of the sump pump; release the City from any liability; and indemnify the City regarding receipt of surface waters onto the property 14. A geotechnical report defining and delineating any seismic hazard and the depth of the water table shall be submitted prior to issuance of building permits, with any mitigation measures incorporated into building plans. 15. 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. 16. Final construction plans shall include detailed lighting plans to ensure compatibility between uses, and to provide adequate security for the parking areas. 17. 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. 18. 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, and approval of the vesting Tentative Pat -eel Map shall become null and void twenty-four months from the date of approval unless the map is finaled and the 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 project implemented. The applicant may apply in writing for an extension of time to the Planning Commission prior to the dlates of expiration. 19. 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. 20. 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. 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. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 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: Kersenboom, Perrotti, Pizer NOES: Hoffman ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 04-lis a true and complete record of the action taken by the Planning Commission of the City of Hermosa. Beach, Califomia, at their regular meeting of ,Tg iary 20, 20 4. Lkiley 1 e etiboomn, Chairman Sol luz nfeld, Secretary January 20 20, 04 Date Pc/ 1-20-03/Pdpr44Hermosa ri