HomeMy WebLinkAboutPC Resolution 03-321
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P.C. RESOLUTION 03-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A HEIGHT
EXCEPTION FOR A SINGLE FAMILY RESIDENCE AT 321
MONTEREY BOULEVARD, LEGALLY DESCRIBED AS THE
EASTERLY 50 FEET OF LOT 19, TRACT 1073.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1, An application was filed by Dennis Nivens, owner of property located at 321
Monterey Boulevard, seeking approval of a height exception to allow a proposed single family
residence to extend above the 30-foot height limitation applicable to the property.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider
the subject application on May 20, and June 17, 2003, 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 applicant is proposing to demolish the existing residential building on the property
and construct a new single family dwelling in the R-3 District which extends above the
30-foot height limitation for the District.
2. The subject property contains 1500 square feet, is designated High Density Residential
on the General Plan Map, and is zoned R-3 on the Zoning Map.
Section 4. Based on the foregoing factual findings, its review of the application, and
submitted written and oral testimony, the Planning Commission makes the following findings
pertaining to the application for a Height Exception:
1. An extension above the height limit is necessary to take advantage of a scenic view
over surrounding structures, which are already constructed above thirty (30) feet in
height. Said structures already in excess of thirty (30) feet would otherwise
significantly obstruct the proposed project's view potential;
2. The proposed development is located between, and adjacent to, two or more
contiguous lots with buildings constructed in excess of the thirty (30) foot height limit;
3. The structural extension above thirty (30) feet will not adversely impact the available
views, and access to sunlight and air of adjacent and surrounding properties;
4. The Planning Commission has reviewed the following design features of the portion of
the building above thirty (30) feet in determining if an exception should be granted
relative to:
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a. The style and pitch of the roof,
b. The mass and bulk of the proposed structure above thirty (30) feet (in order to
minimize bulk of the upper floor),
c. The architectural appearance, as exhibited by the type, style, and shape of the
structure and the proposed exterior materials.
5. The project is Categorically Exempt from the requirement for an environmental
assessment pursuant to the California Environmental Quality Act Guidelines, Section
15303, Class 3(a): New Construction of Single Family Residences and 15305, Class 5:
Minor Changes in Land Use Limitations, because the application is for an exception to
building height limitations in order to allow construction of a single family residence.
Section 5. Based on the foregoing, the Planning Commission hereby approves the subject
Height Exception, 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 June
17, 2003.
2. The maximum height of the building shall be 35-feet, with height to be determined
based on a topographical survey which specifically identifies the corner point
elevations.
3. 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.
4. This Height Exception shall be null and void twelve (12) months from the date of
approval unless a building permit has been obtained.
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.
The 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 attorneys 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.
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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.
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: Hoffinan, Tucker
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 03-32 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 June 17, 2003.
Peter Hoffman, `r
June 17.2003
� Date
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