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 City of Hermosa Beach -- 05-13-97
(CONTINUED FROM THE APRIL 8 AND APRIL 22 MEETINGS) May 7, 1997
SUBJECT: RECONSIDERATION OF SUBDIVISION 96-1; C.U.P. 96-14 (FOR R-1PD PLANNED DEVELOPMENT); AND VESTING TENTATIVE TRACT MAP #52267 LOCATION: 532 - 540 20TH STREET
APPLICANT: HAWTHORNE SAVINGS 2381 ROSECRANS AVE. #200 EL SEGUNDO, CA 90254
PURPOSE: TO RECONSIDER THE PLANNING COMMISSION DECISION TO APPROVE AN R-1PD PLANNED DEVELOPMENT FOR A 5-LOT SUBDIVISION (4 FOR SINGLE-FAMILY DWELLINGS AND 1 FOR A PRIVATE STREET)
Recommendation To sustain the Planning Commission's decision to approve the Subdivision, Conditional Use Permit for a R-1PD Planned Development, and Vesting Tentative Tract Map subject to conditions as contained in the attached resolution.
Project Description/Site Information The applicant is proposing to resubdivide the existing 4 lots to provide similar lot shapes and sizes, convenient access, and minimal disturbance of existing topography. In order to achieve this objective, a private street owned in common by a homeowners association is proposed instead of a public street.
GENERAL PLAN: Low Density Residential ZONING: R-1 SITE AREA: 57,073 Square Feet (1.3 Acres) PROPOSED LOT SIZES (in Sq. Ft.) Single Family Lots 16,122, 12,903; 10,010*; 10,831*; Private Street 7,206
EXISTING USE: Vacant 4 lots *Numbers revised from Planning Commission report to reflect revised lot line location between lots 3 and 4 on 5/6/97 plans
The subject site is located at the southwest corner of Power Street and 20th Street at the western edge of the Valley Park residential area. The eastern half of the lot is fairly level while the western half is a steep upward slope. Previously, the easterly flat portion was developed with 3 single family residences that were demolished in the late 1980's.
Background The Planning Commission, at their meeting of March 4, 1997, approved the project subject to the conditions contained in the attached P.C. Resolution 97-18.
The Staff Environmental Review Committee, at their meeting January 9, 1997, recommended a Mitigated Negative Declaration, finding that that the project presented no potentially significant environmental impacts except for those related to stormwater runoff. The impacts of increased stormwater runoff were found to be potentially significant unless mitigated by providing stormwater detention areas to limit the peak flow from the site during major storms.1
The site has been the subject of several proposed subdivisions in the last 20 years, including a tentative tract map for 8 lots and a public street which was approved in 1986. However, grading and drainage issues were never resolved to the satisfaction of the City, and the project never obtained final map approval. At that time the L.A. County Flood Control District conducted a study of the storm sewer system that drains Valley Park and the surrounding watershed area. The existing storm-drain was found to be significantly under capacity, and insufficient to handle anything more than a 1-year frequency storm to their standards. The City and County have developed a plan to resolve this deficiency by constructing two detention basins in Valley Park and at Valley School. How and when this might be funded, however, is still unresolved.
Analysis
SUBDIVISION The proposed new lot configuration would result in 4 large single family lots fronting on a private 20-foot wide street. Other than the requirement to front on a public street, the resulting lots comply with the requirements of Section 16.08.060 of the Subdivision Ordinance. The proposed lots range from 10,008 square feet to 16,000 square feet thus exceeding the minimum 40-foot width and 4,000 square foot lot size and clearly exceeding the prevailing lot sizes within the neighborhood area. Further, because the subdivision design generally avoids the steepest part of the slope, and provides large lot sizes, a sufficient amount of flat terrain is available within each lot to construct single family dwellings in compliance with development standards of the R-1 zone.
The project is being proposed under the provisions for a Residential Planned Development (RPD). Chapter 17.24 of the Zoning Ordinance authorizes RPD's upon the issuance of a C.U.P. The project must also conform to the subdivision requirements under Section 16.08.060 of the Subdivision Ordinance. This section includes a requirement that all newly created lots must front on a public street, however, Section 16.08.050 or the Subdivision Ordinance also provides an exception to the requirement when the subdivision is part of an RPD.
Pursuant to the City Attorney's opinion of the process for reviewing an RPD, the Commission determined that a private street is appropriate for the project and approved it as part of the tract map. The proposed private street will minimize the environmental effects of grading that may have otherwise occurred with a standard subdivision fronting on a public street. The private street also added flexibility in the design for lot layout and drainage, permitting a reduced street cross-section, less impervious area, and allowing greater surface percolation. Further, the area has experienced poor drainage in the past, and the private street will permit alternative pavement types and a steeper gradient than is permissible on a public street.
R-1 PLANNED DEVELOPMENT Detailed plans of the entire project were submitted to comply with the review requirements for a planned development. These included the proposed lot divisions, the private and public street improvements, floor plans and elevations of the dwelling units, preliminary landscaping, preliminary grading, and a hydrology study to demonstrate how the off-site drainage impact will be mitigated through the use of detention pipes under the private street.
The proposed 4 dwelling units will be constructed in two basic floor plans that include 4 bedrooms and 3 1/2 baths and floor areas of about 3,800 square feet. The houses represent a single-family style of living consistent with the character of the surrounding neighborhood. Ample parking is provided within the development as each unit includes a three-car garage, room for two or three guest parking spaces in front of the garages, and four "common" guest spaces adjacent to the private street on pavers. The private street/driveway is 20-feet wide and will be constructed of interlocking pavers. It is set back 5 feet from the easterly property line (the rear of the lots that front on Valley Park Avenue) in order to accommodate a landscaped buffer from these residential properties. The overall effect will be a coordinated design of driveways, landscaping, and lighting for on and off-site improvements. While the homes are sited on the flatter portion of the terrain to minimize grading, some grading will be required at the toe-of the slope to create usable recreation areas in the rear yards, and to raise the grade levels at the lowest southeast corner.
The project complies with all the requirements of the R-1 zone, and also complies with the more restrictive standards for the R-1PD as follows:
*Numbers revised from Planning Commission report to reflect modification of lots 3 and 4 per 5/6/97 plans.
DRAINAGE Given the past history of flooding in the area and known deficiency of the storm drain, the applicant was advised by the Public Works Department early in the process that the project would have to be designed to detain increased stormwater flows caused by the increase of impervious surfaces. To this end, the applicant is proposing to construct three pipes under the private street which will temporarily detain stormwater flow from the majority of the site. The water will then be released only after the storm surge subsides. The calculations show that the resulting peak rate of stormwater flow from the entire site in its developed condition, for up to a 50-year frequency storm, will not exeed 35% of the undeveloped peak flow.
The Public Works Department, through an independent consultant, has reviewed the drainage/stormwater plan and calculations and confirmed that the detention pipe capacity is adequate, and will satisfy the required mitigation measure. (See the attached letter from AKM Consultants).
LANDSCAPING The Planning Commission added a condition to encourage retaining existing trees if feasible, and that any to be removed be replaced with comparably sized trees. The applicant has completed a more detailed landscape plan in accordance with this condition, which is included for City Council review.
STREET VACATION / PROPERTY BOUNDARY The Planning Commission also questioned the ownership status of the portions of the site which are vacated sections of 20th and Power Street. As shown on exhibit 5, the Assessor's map, when Power Street was vacated half the vacated street became part of the applicant's property and the other half became part of the lots which front on Loma Drive, as all these lots are in the same Tract. The entire 20th street vacated portion legally became part of the applicant's property since the northerly side of 20th Street is a boundary between Tracts. The applicant has also conducted a follow-up field survey, and placed property corner stakes on the hillside, clearly showing that a portion of a hillside garden and the entire trail leading from 20th Street to the hillside garden are within the applicant's property.
1. The mitigation measures are as follows, modified from the original recommendation from staff as noted. 1). The project shall include on-site detention of stormwater to limit the peak stormwater flow from the property to35% of the of the undeveloped peak 50-year flow . This mitigation substitutes the originally recommended mitigation measure which read "the project shall include on-site detention of stormwater to ensure current discharge rates into the storm drain system from the site in its undeveloped state based on a maximum one year frequency storm, for up to a 50-year storm." The substituted measure provides a more effective mitigation as recommended by the City's Public Works Department and directly relates the drainage from this project to the capacity of the storm drain system, which is currently capable of handling only 35% of the peak 50-year flow. The substitute mitigation is included pursuant to Subdivision (f) and (g) of the Public Resources Code section 21080 which does not require re-circulation of the Mitigated Negative Declaration. 2) The project shall include permeable pavement surfaces to the maximum extent possible
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 #52267 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:
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 #52267 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):
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.
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 to35% of the of the undeveloped peak 50-year flow.
4. The private common street and guest parking areas shall include permeable pavement surfaces to the maximum extent possible
5. 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.
6. 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.
7. There shall be compliance with all requirements of the Fire Department
8. 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.
9. 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.
10. Architectural treatment shall be as shown on building elevations and site and floor plans subject to review and approval by the Community Development Director.
11. Any satellite dish antennas and/or similar equipment shall comply with the requirements of Section 17.46.240 of the Zoning Ordinance.
12. 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 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 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.
13. An acceptance of conditions form shall be executed by the current property owner and submitted to the Planning Division prior to the issuance of building permits.
14. 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 2:
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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