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Home My WebLink AboutPC Resolution 26-11 (435 8th St) Page 1 of 4 PC RES 26-11 CITY OF HERMOSA BEACH PC RESOLUTION NO. 26-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A TWO-YEAR TIME EXTENSION REQUEST FOR PREVIOUSLY APPROVED PARKING PLAN (23-01) AND VARIANCE (23-03) AT 435 8th STREET IN THE R-3 ZONE AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). WHEREAS, Shad Peck, (“Applicant”) filed an application on April 30, 2026, requesting a time extension for PARK 23-01 and Variance 23-03 at 435 8th Street (“Project”); and WHEREAS, on May 21, 2024, the Planning Commission approved Planning Commission Resolution No. 24-06, approving a Parking Plan (PARK 23-01) and Variance (23-03) to allow a new 975-square single-family dwelling, allowing a nine-foot garage setback instead of 17 feet, to allow the required open space to be provided in a different ratio, and a parking plan to allow a reconfigured guest parking space at 435 8th Street; and WHEREAS, pursuant to Hermosa Beach Municipal Code (“HBMC”) Section 17.70.020, any permit granted by the Planning Commission becomes null and void if not established within the date specified in such permit, or if no date is specified, within two (2) years from the date of approval of such permit, or if such time period is not extended by the City. The Planning Commission may consider and deny, approve, or conditionally approve written requests for time extensions for a period not to exceed two (2) years; and WHEREAS, pursuant to HBMC Section 17.70.20, Planning Commission Resolution No. 24-06 would have expired on May 21, 2026, unless significant construction or improvements of the use authorized had commenced or a time extension was granted. The applicant filed an application to extend the project approvals under Planning Commission Resolution No. 24-06; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act defined in CEQA Section 15303 Class 3 New Construction or Conversion of Small Structures, as the project consists of construction of one single-family residence in a residential zone. Section 15300.2 of the CEQA Guidelines list the exceptions to the exemption and these exceptions to the exemptions define circumstances that override or negate the City’s ability to use a categorical exemption. Specifically, these exceptions to the exemptions are: • The project is located in a sensitive environment such that the project Docusign Envelope ID: 964804F7-F61C-8851-8231-D3BB264B6D81 Page 2 of 4 PC RES 26-11 may impact on an officially mapped and designated environmental resource of hazardous or critical concern; • The cumulative effect of successive projects of the same type in the same place, over time, is significant; • The project may have a significant environmental effect due to unusual circumstances; • The project may damage scenic resources (i.e. trees, historic buildings, or rock outcroppings) within an official state scenic highway; • The project is located on a listed hazardous waste site; • The project may cause substantial adverse changes in the significance of a historical resource. None of the exceptions to the categorical exemption(s) apply, nor will the location of the project impact on an environmental resource of hazardous or critical concern. The project is not located in a sensitive environment. The project will not result in a significant cumulative impact of successive projects of the same type in the same place over time, nor will it have a significant effect on the environment due 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. The applicant provided a historical resource report, prepared by a qualified professional, to assess whether the more than 50- year-old existing residence is historically relevant, consistent with the Secretary of the Interior’s Professional Qualification Standards for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Resolution. SECTION 2. Findings. Based on the foregoing, the Planning Commission finds that the Applicant timely submitted a written application for the Project at least thirty (30) days prior to the expiration date of PARK 23-01 and Variance 23-03, including the reason therefore and payment of any required fees pursuant to HBMC Section 17.70.020. SECTION 3. Approval. Based on the foregoing, the Planning Commission hereby approves the Project granting a two-year time extension to PARK 23-01 and Variance 23-03, subject to all Conditions of Approval set forth in Planning Commission Resolution No. 24-06 (PARK 23-01 and Variance 23-03), and subject Docusign Envelope ID: 964804F7-F61C-8851-8231-D3BB264B6D81 Page 3 of 4 PC RES 26-11 to the following Condition of Approval: 1. 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 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 4. 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 5. The Planning Commission finds that this Resolution is not subject to CEQA (Title 14 of the California Code of Regulations) pursuant to the following CEQA Guidelines sections: (a) section 15303 (Class 3, New Construction) as the project consists of construction of one single-family residence in a residential zone. Moreover, none of the exceptions to the categorical exemption(s) apply, nor would 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 environmental due 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 6. 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. Docusign Envelope ID: 964804F7-F61C-8851-8231-D3BB264B6D81 Page 4 of 4 PC RES 26-11 PASSED, APPROVED, and ADOPTED on this 21st day of July 2026. ______________________________________________________________________________ AYES: CHAIRPERSON IZANT, VICE CHAIRPERSON FLAHERTY, and COMMISSIONERS MCNALLY, and HIRSH NOES: ABSTAIN: CONFLICT: COMMISSIONER HOFFMAN CERTIFICATION I hereby certify the foregoing PC Resolution 26-11 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 July 21, 2026. Stephen Izant Alison Becker Chairperson Secretary Date Docusign Envelope ID: 964804F7-F61C-8851-8231-D3BB264B6D81 8/5/2026