COMMUNITY DEVELOPMENT DEPART MENT

MEMORANDUM

Subject: Resolution Approving a C.U.P., and Tentative Tract Map for a 5-lot Subdivision at 532-540 20th Street

Attached is the revised resolution incorporating the modified conditions of approval pursuant to the action of the City Council at the May 13, 1997 meeting.

Pursuant to the City Council's action the resolution includes modifications to the conditions of approval, as follows:

• Permeable pavement shall be required in perpetuity ( see condition #4).
• East property line wall may be increased above 6-feet (#5).
• Separate indemnification agreement with project developer relating to construction and operation of drainage devices (#7).
• Requirement for a third sump pump(#14).

RESOLUTION NO. 97-

A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT, A 5-LOT SUBDIVISION, AND VESTING TENTATIVE TRACT MAP #52278 FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 532-540 20TH STREET AND LEGALLY DESCRIBED AS LOTS 36, 37, 38, & 39, TRACT #15546 AND VACATED PORTIONS OF 20TH STREET AND POWER STREET.

WHEREAS, the City Council held a public hearing on May 13, 1997, to reconsider the Planning Commission's decision to approve the subject Conditional Use Permit, Subdivision, and Vesting Tentative Tract Map and to consider oral and written testimony on the matter, and;

WHEREAS, the Planning Commission held a public hearing on the Conditional Use Permit at their meeting of March 4, 1997, and approved the request subject to conditions, and;

WHEREAS, after considering the decision of the Planning Commission and their record of decision, and the testimony at the public hearing, the City Council agrees with the Planning Commission and makes the following findings:

1. The map is consistent with applicable general and specific plans;
2. The site is zoned R-1 and is physically suitable for the type and density of proposed development;
3. The subdivision or type 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 will conform to all zoning and subdivision laws and will be compatible with neighboring residential properties;
7. The approval of the project as and R-1 Planned Development falls within the definition of a "planned unit development" pursuant to Section 16.08.050 of the Subdivision Ordinance, thereby allowing the four lots proposed for single-family dwellings to not front on a public street, and instead allowing the creation of one separate lot to be owned privately by the owners of said four single-family lots for common vehicular and pedestrian access to said 4 lots.

H. The City Council concurs with the Planning Commission, and with the Staff Environmental Review Committee's (ERC) recommendation, based on their environmental assessment/initial study, that this project, with the mitigating conditions included in this resolution to address potential impacts associated with stormwater runoff (including condition #3 which substitutes the recommended Planning Commission and Staff ERC recommended mitigation with a more effective measure), will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT, A 5-LOT SUBDIVISION, AND VESTING TENTATIVE TRACT MAP #52278 FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL (SUPERSEDING THE CONDITIONS OF P.C. RESOLUTION 97-18):

SECTION I

1. The development and continued use of the property shall be in conformance with the plan submitted for review by the City Council at the May 13, 1997 meeting in accordance with conditions below. Any minor modification shall be reviewed and may be approved by the Community Development Director.

(A) The private street transition into 20th Street shall be designed to maximize safety and visibility at the intersection to the satisfaction of the Community Development Director and City's Traffic Engineer.

2. The final map shall be recorded prior to issuance of any building permits for construction of a residential unit on the proposed new lots.

3. The project shall include on-site detention of stormwater to limit the peak stormwater flow from the property to 35% of the of the undeveloped peak 50-year flow.

4. The private common street and guest parking areas shall be constructed with permeable pavement surfaces in perpetuity.

5. The height of the property line wall proposed for the easterly property line may be increased above the maximum of 6-feet, subject to review and approval of the Community Development Director.

6. Covenants, Conditions, and Restrictions for the common ownership and maintenance of lot #5 containing the private street by the owners of the other four lots, including provisions for maintenance of landscaping, drainage infrastructure, and stormwater detention area, and including provisions for an annual inspection of pumping devices certifying to the City that it is in satisfactory working order, shall be submitted to the Community Development Department for review and approval prior to approval of the final map.

(A) The CC & R's shall contain provisions that the common owners of the private street and drainage infrastructure shall indemnify and hold harmless the City from any liability associated with the use and operation of the drainage and pumping devices, and all the various improvements and facilities within lot #5.

7. The developer of the subdivision shall maintain a separate agreement with the City, subject to approval by the City Attorney, to indemnify and hold harmless the City from any liability associated with the construction, use, and operation of the drainage and pumping devices and all the various improvements and facilities on the subject property during all phases of construction, and up until all lots are sold.

8. There shall be compliance with all requirements of the Public Works Department. All required improvements in the public right-of-way shall be completed prior to the approval of the final map, or , alternatively, the applicant may provide surety in amount determined by the Director of Public Works Department to cover the cost of the improvement, to guarantee the completion of said improvement, in a form satisfactory to the City Attorney.

9. There shall be compliance with all requirements of the Fire Department

10. Pursuant to Section 16.08.050(C) of the Subdivision Ordinance, the title page of the final recorded tract map shall contain the following statement:

"No lot in this Tract Map upon which residential dwellings are to be built, constructed, developed or otherwise occupied, shall be contracted to sell, sold, granted, deeded, conveyed, title transferred or otherwise separated in ownership, including subsequent heirs and owners in interest, or encumbered separately from an individual interest in the lot appurtenant thereto so designated on this Tract Map for common vehicular and pedestrian access, landscaping, and stormwater detention, and any other areas appurtenant thereto.

11. Two copies of a detailed landscaping plan consistent with the concept landscaping plan submitted to the Planning Commission, indicating size, type, and quantity of plant materials (including trunk diameter at planting time) to be planted and/or showing existing landscaping to be maintained shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of Building Permits.

1. An automatic landscape sprinkler system shall be provided, and shall be shown on plans (building permits are required).

1. Project Landscaping shall comply with the Landscaping Master Plan.

12. Architectural treatment shall be as shown on building elevations and site and floor plans subject to review and approval by the Community Development Director.

1. Precise building height shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director.

13. Any satellite dish antennas and/or similar equipment shall comply with the requirements of Section 17.46.240 of the Zoning Ordinance.

14. Two copies of final construction plans, including site development plans for the entire Planned Development, elevation and floor plans for each dwelling unit and other details as required, 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 and City Council approved plans prior to the issuance of building permits. Final design and specifications of the private street, all on-site drainage improvements and appurtenances, and the design and capacity of the detention pipes and sump pumps, including the addition of a third pump, and all other improvement in common lot 5, shall be included in construction plans for the project, and reviewed and approved by the Public Works Department prior to the issuance of any building permits for the residential units.

15. The Conditional Use Permit and approval of the Vesting Tentative Parcel Map shall become null and void twenty-four months from the date of approval unless the map is finaled and the project implemented. The applicant may apply in writing for an extension of time to the Planning Commission prior to the dates of expiration.

SECTION II:

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 for a Planned Development and Subdivision shall be recorded along with the final map, 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 an 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 Government Code Section 65907. 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 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

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