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HomeMy WebLinkAboutPC Resolution 26-05 (1244 2nd Street) (1) Page 1 of 7 PC RES 26-05 CITY OF HERMOSA BEACH PC RESOLUTION NO. 26-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LOT LINE ADJUSTMENT (LLA 25-02) AND A VARIANCE (VAR 25-03), TO APPROVE A LOT LINE ADJUSTMENT AND VARIANCE AT 1244 2ND STREET (APN 4186-027-031) AND APN 4186-027-030 (NO ADDRESS) IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission of the City of Hermosa Beach does hereby resolve, and order as follows: WHEREAS, an application was filed on December 23, 2025 by the applicant Amir Esfahani, seeking approval of a Lot Line Adjustment and a Variance to move the existing north/south property line between the parcels APN 4186-027-031 (address 1244 2nd Street) and APN 4186-027-030 (no address) and rotate it to an east/west property line to create two nearly equal lots to facilitate development of single-family residences on each parcel (the Project); WHEREAS, a Lot Line Adjustment is the process under the California Subdivision Map Act (Government Code sections 66410 – 66499.41) that is used to change property lines between up to four existing parcels. Lot Line Adjustments are typically subject to administrative review and approval under the California Permit Streamlining Act (Government Code sections 65920 – 65964.5); WHEREAS, the project site consists of two lots: 1244 2nd Steet (APN 4186-027- 031) or “Lot A” (in the attached exhibit) with approximately 37.5 feet of street frontage totaling 3,379.5 square feet in size and APN 4186-027-030 (no address) or “Lot B” (in the attached exhibit) with approximately 12.5 feet of street frontage totaling 1,126.5 square feet in size; WHEREAS, if approved, the proposed Lot Line Adjustment would move the existing north/south property line between the parcels and rotate it to an east/west property line to create two nearly equal lots to facilitate development of single-family residences on each parcel; WHEREAS, if approved, the proposed Lot Line Adjustment would reconfigure the lots create two nearly equal properties. The proposed north lot (Lot C) would be 50 feet wide with frontage on 2nd Street and a depth of 45.12 feet with 2,256 square feet. Proposed south lot (Lot D) would be 50 feet wide with frontage on 1st Place and would have a lot depth of 45 feet with 2,250 square feet; Page 2 of 7 PC RES 26-05 WHEREAS, a Variance is required for this Lot Line Adjustment due to the proposed sizes of the lots being substandard to the minimum lot size for newly created lots of 4,000 square feet per Hermosa Beach Municipal Code (HBMC) Section 17.08.030 (I); WHEREAS, in considering the granting of a Variance, the Planning Commission must make four required Variance findings pursuant to HBMC Section 17.54.020 to approve, or conditionally approve, a Variance application; and WHEREAS, the Planning Commission at its public meeting of March 17, 2026, considered all testimony and evidence regarding the application, both oral and written, that was presented to the Planning Commission. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into this Resolution. SECTION 2. Based on the testimony and evidence received at its March 17, 2026 Planning Commission meeting, the Planning Commission finds, determines and declares the following pertaining to the application for a Lot Line Adjustment (LLA 25-02) pursuant to the Subdivision Map Act, California Government Code section 66412(d): Findings: 1. A tentative map, parcel map, or final map shall not be required as a condition to the approval of a lot line adjustment if the lot line adjustment is approved by the City (1) between four or fewer existing adjoining parcels; (2) where the land taken from one parcel is added to an adjoining parcel; and (3) where a greater number of parcels than originally existed is not thereby created. 2. The City must limit its review and approval to a determination of whether the parcels resulting from the adjustment will conform to the local General Plan, any applicable specific or coastal plan, and zoning and building ordinances. 3. Conditions and exactions placed on approval must be limited to those necessary to comply with the local General Plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances to Page 3 of 7 PC RES 26-05 require the prepayment of real property taxes prior to the approval of the LLA; or to facilitate the relocation of existing utilities, infrastructure, or easements. In addition, the City cannot require a record of survey for a lot line adjustment unless otherwise required by law. The proposed LLA moves the existing north/south property line between the parcels and rotates it to an east/west property line to create two nearly equal lots in the Single- Family Residential (R-1) zone with approval of a variance to permit substandard minimum lot sizes, which is consistent with the General Plan, zoning, applicable coastal plan, and building regulations. SECTION 3. Based on the testimony and evidence received at its March 17, 2026 Planning Commission meeting, the Planning Commission finds, determines and declares the following pertaining to the application for a Variance (VAR 25- 03) under Hermosa Beach Municipal Code Section 17.54.020: Findings: 1. Exceptional circumstances are applicable to the property involved; Lot B is 1,126.5 square feet in size and is just 12.5 feet wide. The lot is well below the minimum 4,000-square-foot lot size required for new lots. The lot's narrowness is also substandard, making it nearly infeasible to develop the site without multiple variances. The variance for the minimum lot size results in a lot width of 50 feet and a larger lot size, which makes development more feasible. 2. That the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity of the subject property; The Variance is necessary in this case to allow the reconfiguration of the lot’s development of a single-family home on two evenly divided lots. 3. That the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located; The Variance would not result in a net change in the non-conformity of the parcels, as one parcel would become more conforming to the zoning ordinance, and one would become less conforming. The Variance would result in two nearly equal lots that could then be developed with two single- family homes. These two lots as proposed would be like the other lots on the block in terms of total square footage. Lot Existing Lot Size Adjusted Lot size Lot A-(APN 4186-027-031, 1244 2nd Street) 3,830.1 square feet 2,256 square feet (Lot C) Lot B-(APN 4186-027-030) 1,126.5 square feet 2,250 square feet (Lot D) Page 4 of 7 PC RES 26-05 4. That the granting of the variance will not conflict with the provisions of, or be detrimental to, the general plan. The granting of the Variance would not be detrimental to or conflict with the provisions of the general plan. Consistency with relevant policies from the general plan is provided below for reference purposes. General Plan Consistency Land Use Element Findings Goal 2: Provide for diverse needs of residents of all ages and abilities The proposal is consistent with policy 2.5 as the project enhances the quality of a residential neighborhood by abating the intrusion of a disruptive non-conforming condition in which a house encroaches into a neighboring property. Policy 2.5 Neighborhood preservation- Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive non- conforming buildings or uses SECTION 4. Based on the foregoing, the Planning Commission hereby approves the subject Lot Line Adjustment (LLA 25-02) to move the existing north/south property line between the parcels and rotate it to an east/west property line to 1244 2nd Steet (APN 4186-027-031) or “Lot A” and APN 4186-027- 030 (no address) “Lot B” and create two nearly equal lots, Lot C and Lot D to in the Single-Family Residential (R-1) zone. The approved Lot Line Adjustment shall be subject to the following Conditions of Approval: 1. The approved Lot Line Adjustment shall be executed as described in the proposed legal descriptions and as shown in Exhibit A attached to this Resolution, which is incorporated herein by reference. 2. A Certificate of Compliance and legal descriptions in a form approved by the City and compliant with the Subdivision Map Act shall be submitted consistent with the exhibits approved by the Planning Commission, approved by the Community Development Director and City Attorney, within one (1) year of this approval. 3. This approval 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 Lot Line Adjustment shall be recorded, and proof of recordation shall be submitted to the Community Development Department. Page 5 of 7 PC RES 26-05 4. Prepayment of all taxes as required California Government Code Section 66412 and any fees required by the City shall be evidenced prior to recordation of the Certificate of Compliance. 5. 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. 6. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 permit. 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. SECTION 5. Based on the foregoing, the Planning Commission hereby approves the subject Variance (VAR 25-03) permitting substandard minimum lot sizes created by LLA 25-02. The approved Variance shall be subject to the following Conditions of Approval: 1. The approved Variance shall be executed as described in the proposed legal descriptions and as shown in Exhibits A attached to this Resolution, which is incorporated herein by reference. 2. No demolition permit shall be issued for the structures on the existing property addressed as 1244 2nd Street until the Planning Division has approved plans for a new single-family residence on either of the newly reconfigured lots (Lot C or Lot D). 3. This approval shall not be effective for any purposes until the permittee and Page 6 of 7 PC RES 26-05 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 Variance shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 4. 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. 5. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 permit. 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. SECTION 6. 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. SECTION 7. The Planning Commission finds that the project is Categorically Exempt from the California Environmental Quality Act pursuant to a Class 5 Section 15305 Categorical Exemption for Minor Alterations in Land Use Limitations, as the project consists of a Variance and minor Lot Line Adjustment not resulting in the creation of any new parcel, in an area with an average slope of less than 20 percent, and does not result in any changes to land use or density. Moreover, none of the exceptions to the Categorical Exemptions apply. The project is not located in a particularly sensitive environment such that the project may impact an environmental resource of hazardous or critical concern, nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due Page 7 of 7 PC RES 26-05 to unusual circumstances, or damage a scenic highway or scenic resources within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. SECTION 8. 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. PASSED, APPROVED, and ADOPTED on this 17th of March 2026. ______________________________________________________________________________ AYES: CHAIRPERSON IZANT, VICE CHAIRPERSON FLAHERTY, and COMMISSIONERS MCNALLY and HIRSH NOES: COMMISSIONER HOFFMAN ABSTAIN: NONE ABSENT: NONE CERTIFICATION I hereby certify the foregoing PC Resolution 26-05 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of March 17, 2026. Stephen Izant Alison Becker Chairperson Secretary Date Stephen Izant (Apr 1, 2026 16:47:04 PDT) Stephen Izant (Apr 1, 2026 16:47:04 PDT) 01/04/2026 Alison Becker (Apr 2, 2026 14:46:28 PDT) Resolution 26-05 (1244 2nd Street).docx Final Audit Report 2026-04-02 Created:2026-04-01 By:Holly Honma (hhonma@hermosabeach.gov) Status:Signed Transaction ID:CBJCHBCAABAAiYQQBbkYTyrQxYZ-rFwaGdWXlGwwqAxt "Resolution 26-05 (1244 2nd Street).docx" History Document created by Holly Honma (hhonma@hermosabeach.gov) 2026-04-01 - 11:04:52 PM GMT Document emailed to Stephen Izant (sizant@hermosabeach.gov) for signature 2026-04-01 - 11:04:56 PM GMT Email viewed by Stephen Izant (sizant@hermosabeach.gov) 2026-04-01 - 11:45:59 PM GMT Document e-signed by Stephen Izant (sizant@hermosabeach.gov) Signature Date: 2026-04-01 - 11:47:04 PM GMT - Time Source: server Document emailed to Alison Becker (abecker@hermosabeach.gov) for signature 2026-04-01 - 11:47:08 PM GMT Email viewed by Alison Becker (abecker@hermosabeach.gov) 2026-04-02 - 9:46:14 PM GMT Document e-signed by Alison Becker (abecker@hermosabeach.gov) Signature Date: 2026-04-02 - 9:46:28 PM GMT - Time Source: server Agreement completed. 2026-04-02 - 9:46:28 PM GMT