MINUTES OF THE PLANNING COMMISSION MEETING OF THE

CITY OF HERMOSA BEACH HELD ON SEPTEMBER 16, 1997, AT

7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS

Meeting called to order at 7:08 p.m. by Chmn. Tucker.

Pledge of allegiance led by Comm. Merl.

ROLL CALL

Present: Comms. Merl, Perrotti, Pizer, Schwartz

Chmn. Tucker

Absent: None.

Also present: Sol Blumenfeld, Community Development Director

Michael Schubach, City Planner

Deborah Salas, Recording Secretary

CONSENT CALENDAR

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to APPROVE the minutes and the resolutions.

AYES: Comms. Perrotti, Pizer, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: Comm. Merl, Schwartz

ORAL/WRITTEN COMMUNICATIONS - None

PUBLIC HEARINGS

7. PARK 97-4/PDP 97-13/CUP 97-8 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND PARKING PLAN AMENDMENT FOR A DRIVE-THRU WINDOW AT AN EXISTING COFFEE HOUSE TO OPERATE 5:00 A.M.-10:30 A.M.; TO ALLOW THE USE OF A PARKING AISLE FOR A STACKING LANE FOR WAITING VEHICLES (THUS REDUCING AVAILABLE PARKING); TO ALLOW ADDITIONAL OUTSIDE SEATING; AND TO AMEND CONDITION NO. 4 REGARDING POSTING OF PARKING SIGNS AT GREENWOOD PARK AT 1100 PACIFIC COAST HIGHWAY.

Staff Recommended Action: To approve said request.

Director Blumenfeld stated that applicant is processing a Precise Development Plan to permit less than the required parking in conjunction with proposed drive-thru window at Starbuck's Coffee. He said the project was originally approved by the Commission under reduced parking requirement and the parking for the site would be further reduced on an interim basis in the morning hours, in order to accommodate the proposed drive-thru window. He said the applicant is proposing to reconfigure some of the parking, providing a stacking lane for the drive-thru window, which would impact eight parking stalls. Pursuant to Staff request, the applicant prepared a parking study to examine what the deficit would mean in terms of use of the on-site parking. It was determined there would be a loss of eight parking spaces on a temporary basis, in the impacted area adjacent Starbucks, but that the loss would not impact parking relative to the peak demand which occurs later in the day in conjunction with the use of the market and the other shops. Director Blumenfeld further stated that the total parking provided on-site, even with the several spaces lost temporarily, is 162 parking spaces. He also said staff did some random field checks and concurred with the applicant's traffic consultant that, in fact, the net loss of parking would not cause a major disruption to the use of the center.

He stated that Staff has recommended traffic control measures, including installation of signing to warn drivers at the drive-through window of oncoming traffic, the installation of a convex mirror also to do the same, and required restriping.

Director Blumenfeld explained that the second request before the Commission is to amend Condition Four in the original Precise Development Plan which was approved in 1995. The condition required that the applicant install signs at Greenwood Park, indicating the park was for use exclusively by users of the park and not by Starbuck's Coffee. Staff is recommending that that Condition be eliminated as it is not an enforceable condition relative to who is a Starbuck's patron or park user.

Chmn. Tucker opened the public hearing at 7:25 p.m.

Roger Bacon, applicant, introduced Jim Duggan, Director of Construction and Civil Engineering, and Terry Freeman, Store Manager. He explained that a trial of this drive-thru was done for two months, and this alleviated some of the long waiting lines inside the establishment.

Jim Duggan, Director of Construction, Starbuck's Coffee Company, Seattle, Washington, stated that because of high volume of business, they have customers who are having difficulty accessing and egressing the front door. He stated that because of the high volume of customers in short periods of time, they are compromising the Starbucks experience. He also stated that by adding the drive-up window, they will remove the high volume from the front door and do not believe that that will increase the access and egress to Aviation and Pacific Coast Steve Susaki, WPA Traffic Engineering, stated that they did a traffic study and that they would concur with Staff in their findings. He also stated that from the report that the area is 54% utilized during the peak period, so there is adequate parking.

Carol Duff, 1007 Hermosa Avenue, stated that a drive-thru restaurant has much less of an impact on a residential neighborhood than a regular park-and-enter restaurant. She stated that she supports the drive-thru and thinks it will make the whole process easier for everyone.

Debbie O'Reilly, 849 10th Street, presented an article from the Sunday paper to the Commissioners and a list of signatures of people concerned about traffic on Aviation. She stated that she doesn't believe that putting in a drive-thru at Starbuck's will increase patronage.

Rob Schnitz, 867 Aubrey Court, stated his concern about precautions regarding noise from the loudspeaker and from radios in cars waiting in the drive-thru area early in the morning.

Sherri Lamezone, 950 Artesia Boulevard, Hermosa Beach, stated she thought the drive-thru would make things move smoother and have people in and out much quicker.

Dewey Falconi, 1217 Owosso Avenue, Hermosa Beach, stated the drive-thru was a more efficient way to resolve the issue of parking, getting out, and waiting.

Sean, 1100-3 Pacific Coast Highway, Hermosa Beach, stated this is a good idea and it would move traffic more effectively.

Judd Green, Fox Photo, 1100 Pacific Coast Highway, stated he has never had a problem parking in the center and felt that this will alleviate parking problems in the Starbuck's area.

Phyllis Davidson, 611 North Irena, Redondo Beach, stated when they had the temporary drive-thru, it ran very smoothly and that she also supported it.

Terry Freeman, Store Manager, Starbuck's, stated that the customers expressed disappointment when the temporary drive-thru was gone. Responding to a question from Chmn. Tucker, he also said there are many customers who do not have time to come in for their coffee in the morning and to make those customers happy, they want to provide quick service with a drive-thru window. In answer to a question by Comm.Schwartz regarding changing revenues with the temporary drive-thru window, he stated that the revenue was not really the issue, that it was more a cluster or line which was alleviated by the drive-thru.

Jim Duggan, Director of Construction, Starbuck's Coffee Company, Seattle, Washington, in responding to questions from several commissioners regarding the sound level of the loudspeaker, stated it is not the intent of the company as a whole to address this issue in an offensive way.

Roger Bacon, Applicant, presented 530 signatures of Starbuck's customers who felt a drive-thru was needed. He also stated that he had spoken to Lieutenant Tommy Thompson of Hermosa Beach, from whom he had received a report on traffic conditions on Pacific Coast Highway and Aviation, which was presented to the commissioners. With regard to the sound, Mr. Bacon said that the sound would be muted.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 8:00 p.m.

Discussion

Comm. Perrotti presented three letters from residents of Bonnie Brae opposing the drive-thru window. He also expressed concern about congestion but said if there is proper management that the noise can be alleviated and the congestion can be mitigated. Comm. Merl expressed his concern regarding the noise and requested an additional condition monitoring the noise level to within code. Comm. Schwartz suggested a condition or enforcement so that the lines remain short.

In a discussion with the commissioners, Mr. Freeman explained that they wanted to opened the drive-thru at 6:00 a.m. but that their employees would be in the store at 4:15 a.m. and the doors would be open at 5:00 a.m.

Chmn. Tucker commented on the handicap space loss, the excessive parking in front of the ATM, and the need for a crosswalk to the north side of the store. He also suggested a small speed bump rather than a mirror at the exit of the drive-thru. He said that he was not in favor of designating parking area four for employees of Starbuck's to park as this area is used for people going to the cleaners and to allow more convenient parking for the customers.

MOTION by Comm. Merl, Seconded by Comm. Perrotti APPROVING the resolution with the inclusion of the Staff condition; the condition regarding a crosswalk on the northerly door; the condition regarding the operating hours; the condition regarding permanent relocation of the handicap parking space, Community Development department to monitor sound; condition of addition of a speed bump at the exit; condition of monitoring of stacking problem, and if it intrudes into Area five shown in applicant parking study, then the whole conditional use permit will be subject to review.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

MOTION by Comm. Merl, Seconded by Chmn. Tucker, to DIRECT Staff to address issue of the car which is parked on display permanently in the Starbuck's parking lot.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Comm. Merl excused himself from the hearing on the following item.

8 GP 97-1/ZON 97-1/CON 97-2/PDP 97-2/SUB 97-1/LLA 97-1 -- GENERAL PLAN AMENDMENT FROM CC (COMMERCIAL CORRIDOR) TO MD (MEDIUM DENSITY RESIDENTIAL) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2, CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, VESTING TENTATIVE TRACT MAP #52251 AND LOT LINE ADJUSTMENT, ON THE REAR PORTION OF TWO COMMERCIAL PARCELS FRONTING ON PACIFIC COAST HIGHWAY (635 AND 705 PACIFIC COAST HIGHWAY) AND INCLUDING THREE LOTS ON 6TH STREET, FOR A 24-UNIT CONDOMINIUM PROJECT TAKING ACCESS FROM 6TH STREET, AND PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE PACIFIC COAST HIGHWAY FRONTAGE OF THE EXISTING LUMBER YARD, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 635 & 705 PACIFIC COAST HIGHWAY AND 709, 721, AND 723 6TH STREET.

Staff Recommended Action: To recommend approval of said General Plan Amendment and Zone Change, and adoption of the Environmental Negative Declaration; also approve Conditional Use Permit, Precise Development Plan, Subdivision and Lot Line Adjustment.

Director Blumenfeld indicated the project involves a Precise Development Plan for Learned Lumber to reconfigure property to accommodate additional commercial frontage and visitor and employee parking and a Conditional Use Permit to permit for an over height wall and approval of all the project entitlements for the development of a 24-unit condominium development. He said the residential project, as noted in the Staff report, conforms to all zoning and development standards.

He stated there are two fundamental issues for the Commission; approval of the General Plan Amendment and Zone Change and if that change is approved, the approval of all the discretionary permits for both the commercial and residential projects. Director Blumenfeld said the applicant is seeking to change the General Plan designation from Commercial Corridor, C.C., to Medium Density, and to remove a 10-foot alley right-of-way from the General Plan map which would facilitate the residential development and in addition to change the underlying zoning from SPA 7 to R-2, which would permit that medium density residential portion of the project. He said that the zoning was established and confirmed subsequently in General Plan Amendment revisions. He noted that the commercial lot depth on the south is 290 feet and to the north it is substantially less, and that issue of where the line is drawn on commercial property has been a concern for the current City Council and previous Councils and Commissions.

He said the issue relative to the Commission's decision about changing the General Plan should turn on the utility of the site under the current land use designation and the appropriateness of that land use relative to the surrounding uses. He said the utility of the site is governed by a number of factors, including the adjacent uses, the commercial trade area, and general economic conditions. Over the years the previous owner of the property to the north of the existing Learned Lumber site sought to attract a mini box user or other commercial users, in particular, looking at Staples, Circuit City, mini box users of between 20,000 and 30,000 square feet, but that was not possible to attract such a user, partly because of the trade area and partly because of the size of the site which at less than one acre can't adequately accommodate a building footprint of that size and surface parking.

He said based upon the poor redevelopment interest of the site and the potential to solve several outstanding land use conflicts which currently exist, which include providing an adequate buffer between the lumberyard and the adjacent residential uses, eliminating a derelict and dangerous building, the Mar Vista Hotel, an unreinforced masonry building, rationalizing the lumber truck circulation problem which have been an ongoing problem in the adjacent neighborhoods streets, requiring a 14-foot high screen wall and sound wall on the westerly edge of the property, requiring a landscape setback on the proposed new residential project, requiring more restrictive operational requirements for the lumberyard in order to deal with noise issues, providing more parking to service the Learned site in support of Learned Lumber which has been a long standing commercial use, Staff recommended approval of the General Plan Amendment and Zone Change.

Director Blumenfeld said if the Commission approves the General Plan Amendment and the Zone Change, there are also several changes which are proposed for both the commercial plan and residential project plan. Staff is recommending on the residential portion of the project be reduced to 22 units. He said in addition Staff is recommending four additional Guest Parking spaces and breaking up the building massing, which is 292 feet long on the easterly portion of the site, into building modules of three and four units and providing some additional common open space.

On the commercial portion of the project, he said Staff is recommending: requiring ingress and egress entirely on Pacific Coast Highway unless the city's traffic engineer confirms that a proposed traffic control device, which primarily involves reconfiguring a driveway which exits onto 6th Street, is appropriate to preclude right turn movements westbound onto 6th Street and then restricting operating hours for certain machinery and equipment in connection with the Learned Lumber site at 7:00 o'clock on weekdays and 8:00 o'clock on weekends.

Discussion

Comm. Perrotti inquired if there was a requirement that a certain square footage required a second access would be needed. Director Blumenfeld explained that building and fire safety access issues depend upon the building and the site and other standards as determined by the Fire Chief. He said the Fire Chief and all city departments have reviewed and approved the project plans. Chmn. Tucker stated the zoning changes would be handled initially.

Chmn. Tucker opened the public hearing at 8:26 p.m.

Cheryl Vargo, 5147 Rosecrans, Hawthorne, representing the applicants, introduced Rick Learned.

Rick Learned, 1727 Monterey Boulevard, commented on the progress of the family business through acquisition of residential lots and land swapping and their family's commitment to the community.

Dan Erickson, 2461 Silver Stand, discussed ownership changes of properties within the area of Learned Lumber. He stated that zoning for Learned Lumber yard for the years 1985 through 1997 has not changed. He stated that the city will be getting a more upgraded lumber yard and more in compliance with some of the wishes and needs of the city and still retain probably the oldest single owner business that the city has ever had.

Cheryl Vargo, distributed a copy of a zoning map, which showed that this property is one of the largest SPA7 zone on Pacific Coast Highway. She commented that the proposal wants to take an existing lumber yard, reconfigure it so that it is approximately the same size as it is today but has a greater commercial depth, which will be improved with better parking configurations and more landscaping. She also stated that this is a general plan issue because residential uses are permitted in a SPA7 zone.

Pat Killan, 720 8th Street, said he would end up being 10 feet away from the lumber yard and is not in favor of the proposed zone change.

Rosamond Fogg, 610 6th Street, commented that the density may be something to consider before making this policy change.

Pat Price, 719 8th Street, submitted pages of accident reports and photos from 6th Street to 8th Place, as well as a photo of Learned Lumber. She said the values of their properties are impacted, and she expressed concern about environmental health standards.

Ralph Winley, 619 Pacific Coast Highway, Hermosa Beach, said he owns the business one business south of Learned Lumber and wanted to make sure that the access to the new Learned project would not impact his parking.

Cheryl Vargo, 5147 Rosecrans, Hawthorne, said there isn't a need any longer for large sites, so what we are offering is something that can be done today and will be of benefit to the city.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 9:08 p.m.

Discussion

Comm. Perrotti said the City Council has a policy that they prefer not to see commercially zoned areas of the city rezoned to residential and that it is more feasible to have one ownership spread across the frontage. Chmn. Tucker commented that it would be more beneficial to the city to rezone.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, RECOMMENDING amending General Plan from commercial corridor to medium density residential and changing the zone from specific plan No. 7 to R-2.

AYES: Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: Comm. Merl

Brief recess taken at 9:15 p.m.

Planning Commission Meeting reconvened at 9:20 p.m.

Cheryl Vargo, representing applicants, presenting some photos of the current operation, and said there has been some question of the compatibility issue with the adjacent R-2 properties and this R-2 designation, which permits 25 units, and taking that into consideration, the design lessens the impact to the R-2 properties. She also stated that the development in some instances exceeds zoning requirements. She commented that the code requires that each unit have a single guest space; therefore, the code requirement has been doubled for guest parking. She said by taking the customer parking and placing it on the Pacific Coast Highway frontage, the entry to the lumber yard has improved in that it is doubled. She said they are also proposing a knuckle configuration at the exit point, so that the traffic will be forced to turn left. She said they are basically improving the site flow circulation.

Mike Learned, 635 Pacific Coast Highway, stated that they are basically moving the lumber yard from an east/west configuration to a north/south configuration. He said their goal is to get a flow of traffic for the big equipment. In response to a question from Chmn. Tucker, regarding loading of customers, he said they want access from Pacific Coast Highway with a 50-foot entranceway and said he is going to encourage his customers to use the Pacific Coast Highway entrance.

Chmn. Tucker opened the public hearing at 9:50 p.m.

Scott Alden, 646 6th Street, commented on the issue of the huge amount of commercial traffic on 6th Street and said the street needs to be blocked off.

Liz Connolly, 650 6th Street, stated she has lost her view, privacy, and sunlight. She also said her street is unable to accommodate two-way traffic as there is parking on both sides and suggested an equitable solution would be to separate their small, overburdened street by closing it.

Paul Burke, 659 6th Street, commented that the conditions on the project are inequitable and another entrance to the condos is needed. He said access from both 6th and 7th Street is appropriate for the future and possible emergency situations. He also said a reduction in the size of the complex is warranted.

Margo McDonald, 650 6th Street, said this is a distressed residential zone and will be compounded even further by the traffic of 24 new units.

Cynthia Kenny, 635 6th Street, said the quality of her life has diminished over the last four years. She also said Cal Trans has precluded left-hand turns onto Pacific Coast Highway and the vast majority of traffic will probably be coming down 6th Street, which cannot absorb anymore traffic, and she suggested a temporary street closure.

Larry Taggert, 655 6th Street, expressed concern about excess traffic coming from the new condo units. Mark Maleeka, 618 6th Street, expressed his concern about the safety issue with fully loaded trucks moving too fast down the street.

Franz Walter, 631 6th Street, commented on the unsafe traffic, noise, parking problems, and density of traffic. He suggested removing commercial traffic on 6th Street and opening up 7th Street, which is a very quiet street.

Pat Killan, 720 8th Street, emphasized that forklifts start at 6:10 a.m. every morning and that potential owners of the new condos have no idea how they will be impacted by the noise of this lumber yard.

Rosamond Fogg, 610 6th Street, stated that zoning codes place upper limits on density and urged that the number of units on the project be reduced to the minimum that would be economically feasible. She also emphasized that because of the hazard analysis being done by the Coastal Commission, the CC&Rs require disclosure on the part of the seller.

Nancy Reviczky, 600 Ardmore, said the residents are united on the issues surrounding this project such as the density problem, the safety issue, the decision of whether or not to block off 6th Street. John Cherry, 641 6th Street, presented a petition and said trucks moving in both directions on 6th Street has deteriorated the street.

Steve Ashley , 647 7th Street, spoke about the substantial impact the increased traffic would have on the small dead end street.

Claudia Kruchevsky, 634 Ardmore, suggested that a reduction in the number of units would be favorable to everyone.

Gertrude Erhousen, 648 7th Street, suggested cutting down the number of condos and to charge more money.

Steve Kenny, 635 6th Street, suggested a reconsideration of the whole project.

Rebuttal

Cheryl Vargo , representative of applicant, pointed out that a single entrance to a project is not unusual and a street closure on 6th Street may not be a viable solution.

Don Barker, 275 Centennial Way, Tustin, responding to comments from Chmn. Tucker regarding the traffic report, stated that if 6th Street were choked at some location that restricts traffic in one direction, it will force traffic to find another location. He also commented on a study done in 1994 that did look at neighborhood intrusion, which may have some viable alternatives.

Michael Learned, applicant, stressed that Learned Lumber would support any kind of solution that the city would support in terms of 6th Street. He also reviewed their response to the resolution as was presented for the Precise Development Plan. In response to Director Blumenfeld's statement that Staff has recommended that ingress and egress be taken exclusively off of Pacific Coast Highway, his response was that it was unacceptable to the applicant. In response to a question by Chmn. Tucker regarding night time light, he stated that they intend to use lighting more for security purposes and not to offend the neighborhood. In response to concerns expressed by Comm. Schwartz and Pizer regarding noise occurring before 7:00 a.m., he said their customer service level would definitely go down and the early hours are needed to get loading done and to get the trucks out to their sites. He also said some customers have left to use Home Depot, so traffic trips are down.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 11:12 p.m.

Discussion

Director Blumenfeld explained, in response to concerns expressed by Comm. Perrotti regarding the closure of 6th Street, that this is a broader issue that should be addressed by the City Council and that Staff's recommendations are meant to deal with the project's specific issues and not meant to deal with an area wide issue of closing a street.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to PREPARE recommendation that the City Council consider closing 6th Street.

AYES: Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None

Discussion

Comm. Schwartz and Perrotti discussed issues of traffic flow and business hours, and Chmn. Tucker said the street closure could be taken up at a later time. Director Blumenfeld said that Staff has looked at the issue of hours of operation. Chmn. Tucker discussed restriction of hours for deliveries with Comms. Perrotti and Pizer.

MOTION by Comm. Pizer, Seconded by Comm. Perrotti, to APPROVE resolution with one change on Section 5, Paragraph 3, that the hours of operation of the lumber yard be limited to 6:00 a.m. to 7:00 p.m.

AYES: Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None

Discussion

Comm. Perrotti recommended having a second access point at 7th Street and agreed with Staff regarding the reduction of units to 22. Comm. Pizer suggested using double glazed windows and sliders to reduce noise. Chmn. Tucker said that 20 units would be more compatible withthe neighborhood and suggested fire sprinkling all of the units. He said that 7th Street access would spread out the burden of traffic and also suggested different tile blends on the roof, different trim, and decorative concrete to create more individuality on the project.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to APPROVE resolution with modification as follows: Paragraph 4, number of units be revised to 20, color shall be varied between buildings, windows shall be double glazed, second electric gated access shall be provided at 7th Street, and there shall be seven guest spaces not tied to any unit; add language about the access to 7th Street as one reason why one less unit; add Paragraph 4A that there would be a security gate on the access to 7th Street; modify language in Paragraph 8 so that the residences should have the appropriate sprinkler system which is approved by the fire chief.

AYES: Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None

Chmn. Tucker stated that as in all actions by the Planning Commission they are appealable to the City Council within 10 days.

Brief recess taken at 12:13 a.m.

Planning Commission meeting reconvened at 12:19 a.m.

9. VAR 97-6 -- VARIANCE TO EXCEED MAXIMUM 25' BUILDING HEIGHT AND TO EXTEND NONCONFORMING SIDE YARD AT 2055 CIRCLE DRIVE.

Staff Recommended Action: To deny the variance for the building height and approve the extension to the nonconforming side yard.

Mr. Schubach said that Staff is recommending denial of this height variance because it could not make two of the findings that are required for a variance. He said Staff doesn't feel there's a substantial property right being denied the applicant and don't believe that there's something uniquely different about his lot versus other lots that would justify granting an exception to the height. Mr. Schubach also explained that the property only has about 45 percent lot coverage and provides many locations where additions and expansion to the existing dwelling could be made without having a variance.

Comm. Merl returned to the Planning Commission meeting at 12:21 a.m.

Chmn. Tucker opened the public hearing at 12:22 a.m.

Joseph Di Monda, representing applicant, said they feel this is a very minor addition and have been unable to find the exact locations of all the exact elevation heights prior to work being done, and the house was built in 1936. He said there was some confusion between what Staff recommended and the mandatory language of the government code.

Chris Wyles, 2054 Circle Drive, said that any vertical addition impacts homes on Circle Drive and Monterey with respect to view and light. He commented on the precedence that may be set if a variance is granted in that other home owners may want the same variance in the future.

Susan Miller, 2020 Monterey, said the addition would impact the view and other variance seekers would follow once this one is granted.

Joy Tupack, 2109 Circle Drive, said there would be a loss of privacy with this addition on the north side and would like to see the height variance denied.

Marjorie Arbergast, 2103 Monterey Drive, said this proposed height change would impact their property as far as light and view of the sky. She said this will change the atmosphere of the neighborhood.

Rebuttal

Joseph DiMonda, representing applicant, said they are not proposing to add any chimneys with the extension. He explained that there is no view ordinance in Hermosa Beach, which is a policy decision made by the City Council. He said that most of area lots are flat and don't have the severe slope, size, or shape that this lot has which makes it even more difficult to work with.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 12:50 a.m.

Discussion

Comm. Perrotti introduced five letters opposing the variance. Comm. Schwartz deduced that the addition as proposed doesn't fit the requirements. Chmn. Tucker said he had no problems with the encroachment into the side yard. Comm. Pizer said the view will still be blocked even if the addition is in full legal compliance but does not see a compelling reason for approval.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to deny height variance but approve extension of the nonconforming side yard.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

10. CON 97-13/PDP 97-12 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #24824 FOR A TWO-UNIT CONDOMINIUM AT 240 MONTEREY BOULEVARD (CONTINUED FROM JULY 15, 1997 MEETING).

Staff Recommended Action: To approve said request.

Mr. Schubach stated that this was looked at in at the last meeting and a lot of problems were found but since then Staff has worked with the developer and applicant and architect and corrected the problems. He said in some places in the plans some of the old numbers got left in but Staff has checked it very carefully and made sure that all the issues that were a concern are now acceptable.

Chmn. Tucker opened the public hearing at 1:04 a.m.

Elizabeth Srour, 1001 6th Street, said the project is now in compliance with all the development standards and is very much in keeping with the spirit with the condominium ordinance, which is to provide homes that are totally self-contained and provides all amenities as required by code.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 1:07 a.m.

Discussion

Chmn. Tucker suggested the laundry room sink be eliminated and also putting in more planting or shrubs between the driveway and the walkway.

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT resolution with the addition of Paragraph 1B, regarding the sump pump being added if it is needed, and adding in language that the City is held harmless, and addition of subparagraph C, concerning the decorative concrete.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stepped down for the following item because of being within the 300 foot radius.

11. VAR 97-5 -- VARIANCE TO ALLOW LOT COVERAGE TO EXCEED 65% FOR THE EXPANSION OF AN EXISTING BATHROOM AT 314 - 316 33RD STREET (CONTINUED FROM JULY 15, 1997 MEETING).

Staff Recommended Action: To approve said request.

Mr. Schubach said that this is a small area on the roof that applicant is asking for a variance and unfortunately the back balcony cannot extend that far out by code and cannot be covered, so it needs to be no deeper than five feet and open to the sky. Staff couldn't find any grounds to grant the balcony off the rear but is recommending approval for the expansion of the bathroom.

Comm. Merl opened the public hearing at 1:18 a.m.

Bruce Krause, 2233 241st Street, Lomita, presented photos to show the privacy issue that is being addressed by the variance request.

No one wished to speak, and Comm. Merl closed the public hearing at 1:19 a.m.

Discussion

Comm. Perrotti agreed that the expansion area is currently covered and does not see a problem with expanding the rear balcony.

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT the resolution as proposed by Staff with misspelling changed from "does no" to "does not," and Paragraph two will be revised to show partial enclosure and allowing the privacy screen.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz

NOES: None

ABSENT: None

ABSTAIN: Chmn. Tucker

Chmn. Tucker returned to the meeting at 1:23 a.m.

12. CUP 97-7 -- CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN OUTDOOR AUTOMATIC TELLER MACHINE IN CONJUNCTION WITH A COFFEE HOUSE/SNACK SHOP AT 1031 HERMOSA AVENUE.

Staff Recommended Action: To approve said request.

Mr. Schubach said this is a very minor addition to an existing coffee house, and it would be an outdoor automated teller right in front of the building. He said it is buffered enough from the nearby neighbors so that it won't cause any problems to anyone, and it should not expand the business beyond the parking which is already there.

Chmn. Tucker opened the public hearing at 1:26 a.m.

Ray Sharp, 615 Mission Avenue, Oceanside, representing the applicant, said Wells Fargo and the owner are anxious to put an ATM at this location. In response to questions from the commissioners, he said this is a walk-up type of ATM with a camera inside the machine for security purposes and the door would be alarmed for access and there would be lighting that comes off the kiosk under the canopy.

No one else wished to speak, and Chmn. Tucker closed the public hearing at 1:28 a.m.

Discussion

Comm. Perrotti said he didn't see a problem with congestion as this is a walk-up ATM. Chmn. Tucker said he didn't see the need for another ATM in the area at this time because of traffic congestion. Comm. Pizer inquired as to whether there was a vending machine license required.

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to ADOPT the resolution as prepared by the Staff.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz

NOES: Chmn. Tucker

ABSENT: None

ABSTAIN: None

13. SS 97-2 -- GENERAL PLAN AND ZONING ORDINANCE TEXT AMENDMENT TO ADD A MANUFACTURING OVERLAY ZONE PROVISION.

Staff Recommended Action: To recommend approval of said text amendment.

Director Blumenfeld stated that at the May 29th meeting of the City Council, the Council directed Staff to change the primary zone of several inconsistently zoned properties with the General Plan to residential with a commercial manufacturing overlay zone. He said the definition of that zone would be a special overlay designation expanding uses to include neighborhood compatible small commercial and manufacturing uses that are otherwise precluded by the general plan designation. Staff also had a parallel recommendation that the commissioners could consider which would be to leave the underlying zone and General Plan intact but basically to eliminate certain manufacturing uses from the requirement for a C.U.P., in particular, that would assist one property owner that is really the subject of all these proposed changes and that would allow the subject use to maintain the industrial use and to modify the use of the property. He said it would leave the underlying zoning and General Plan designation of R-2 intact. Staff is looking for some kind of conclusion to this so that the property owner can go forward with his own plans.

Chmn. Tucker opened the public hearing at 1:38 a.m.

No one wished to speak, and Chmn. Tucker closed the public hearing at 1:38 a.m.

Discussion

Comm. Pizer said this is an undefined zone with no consistency and suggested going along with the Council as far as the recommended change and amendment.

MOTION by Comm. Merl, Seconded by Comm. Perrotti, to ADOPT the Council's resolution.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: Comm. Schwartz

ABSENT: None

ABSTAIN: None

HEARINGS

14. S-4(m) -- REQUEST FOR APPROVAL TO ALLOW A MURAL SIGN AS AN EXCEPTION TO SIGN AREA REQUIREMENTS AT 121 PIER AVENUE, THE MIX.

Staff Recommended Action: To approve said request. Mr. Schubach said it is Staff's recommendation to take off the roof part of the mural.

Discussion

Comm. Perrotti said he was glad that someone took the initiative to do something with the alley. Chmn. Tucker added that a permit and a public hearing is required.

MOTION by Comm. Merl, Seconded by Comm. Schwartz, to APPROVE the resolution.

AYES: Comms. Perrotti, Merl, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

STAFF ITEMS

15a. Community Development Department Activity Report of May - July, 1997.

Receive and file.

15b. Tentative future Planning Commission agenda.

Receive and file.

15c. City Council Minutes of July 1, 8, 22, and August 12, 1997.

Receive and file.

COMMISSIONER ITEMS

Comm. Perrotti commented on the articles in the papers regarding the operation of a tile kiln in the Bijou Theater. Director Blumenfeld said that the Community Development department and the Fire Department are investigating.

Chmn. Tucker spoke about the downtown street scape, particularly the use of bike racks, and Director Blumenfeld said the Pier Plaza in its redevelopment will contain additional bike racks.

ADJOURNMENT

MOTION by Comm. Merl, Seconded by Comm. Perrotti to adjourn at 1:51 a.m. No objections; so ordered.

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