City of Hermosa Beach --- 11-18-97


MINUTES OF THE PLANNING COMMISSION MEETING OF THE

CITY OF HERMOSA BEACH HELD ON OCTOBER 21, 1997, AT

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


Meeting called to order at 7:09 p.m. by Chmn. Tucker.


Pledge of allegiance led by Comm. Perrotti.


ROLL CALL

Present: Comm. Perrotti, Schwartz, Pizer, Chmn. Tucker

Absent: Comm. Merl

Also present: Sol Blumenfeld, Community Development Director

Michael Schubach, City Planner

Deborah Salas, Recording Secretary


CONSENT CALENDAR


Director Blumenfeld said there would be two corrections to two resolutions. Mr. Schubach said there would essentially be new numbers for the zoning ordinances under Resolutions 97-51 and 97-58. Comm. Perrotti entered into a discussion on Resolution 97-51, regarding the condition of the operating hours. Director Blumenfeld said the resolution would be revised to reflect that 4:00 a.m. would be the occupancy time at the business and the operational hours would be between 6:00 a.m. and 10:30 a.m.


Comm. Perrotti also commented on Resolution 97-57, stating he thought it should have been updated to show 20 units. Director Blumenfeld concurred that the Resolution should read 20 units.


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

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

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None


ORAL/WRITTEN COMMUNICATIONS - None


PUBLIC HEARINGS


7. CUP 97-4 -- AMORTIZED CONDITIONAL USE PERMIT FOR AN EXISTING MISCELLANEOUS REPAIR SHOP, AND AUTO STORAGE AT 322 ARDMORE AVENUE (CONTINUED FROM 5-20, 6-17, AND 7-15-97 MEETINGS.)


Staff Recommended Action: To continue to December 2, 1997 meeting to complete required Zoning Ordinance changes relative to project.


Director Blumenfeld said Staff needs to present the revised zone change ordinance to City Council and then the Commission can act on the Conditional Use Permit request.


Chmn. Tucker opened the public hearing at 7:18 p.m.

Chmn. Tucker closed the public hearing at 7:18 p.m.


MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to CONTINUE the hearing until December 2, 1997.

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

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None


8. CON 97-14/PDP 97-14 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #24807 FOR A THREE-UNIT CONDOMINIUM AT 645 SECOND STREET.


Staff Recommended Action: To approve said request.


Mr. Schubach said this is a request for a three-unit condominium, which had been reviewed by Staff for all the zoning requirements, and it met or exceeded all the requirements, including the fact that they have a larger side yard because the front doors will be off the side yard. Staff found that they have sufficient landscaping and the height is correct.


Chmn. Tucker opened the public hearing at 7:20 p.m.


Elizabeth Srour, 1001 6th Street, Manhattan Beach, representing applicant, introduced Howard Crabtree. She said this is a fairly large parcel and has good use of linear and curved building facades with the units being open from the lowest level to the second level.


Howard Crabtree, 5430 West 142nd Place, Hawthorne, addressed Chmn. Tucker's question regarding the westerly property line by stating there is an existing wall, and if that wall is damaged during construction and does need replacing, that a new wall will be added. He also said they may radius the planting area to allow for a better turning radius for the guest parking.


Will Buchanan, 640 2nd Street, said there would be degraded quality of life, greater traffic, causing greater noise and congestion. He also said there would be an increase in city services and asked that the number of units be reduced from three to two.


Rebuttal


Elizabeth Srour, 1001 6th Street, commented that the present use of the site is a two-unit condominium, which sits next to a five-unit condominium, which sits next to a three-unit condominium, both of which have a much higher density than this proposal.


Chmn. Tucker closed the public hearing at 7:30 p.m.


Discussion


Comm. Pizer said guest parking would be a problem. Comm. Schwartz commented that the zoning does allow for three units and suggested the use of color to differentiate the units. Comm. Perrotti said the resolution needs some clarification of the wall on the west side. Chmn. Tucker said he would like to see a property line wall on the west side and suggested consulting with the city traffic engineer on the guest parking to ensure a safe egress off of the property.


MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to ADOPT the resolution as Staff has proposed with the revisions that there be a wall on the west side of the property line, that there be two 36-inch box trees, and a traffic study be submitted by the applicant with City Engineer review and approval concerning the access for the guest parking.


Chmn. Tucker said as with all items before the commission, this is appealable to City Council within 10 days.


9. VAR 97-7 -- VARIANCE TO ALLOW A NEW TWO-STORY SINGLE FAMILY RESIDENCE WHICH EXCEEDS LOT COVERAGE BY 6.8% AND EXCEEDS HEIGHT LIMIT BY 4.8' AT 220 4TH STREET.


Staff Recommended Action: To deny said request.


Mr. Schubach said Staff decided that the small amount of gain was not going to improve anything in terms of the size of the house. He said Staff could not make the required findings that would justify granting the variance.


Chmn. Tucker opened the public hearing at 7:40 p.m.


Dave Studds, 2649 Palm Drive, Hermosa Beach, stated that their concern is that they lose almost the entire ground floor to parking. He also pointed out that they do meet all of the yard and setback requirements.


Brad Westerman, 341 Monterey Boulevard, said a building of this size would obstruct the view that they currently have. He also said the height limit was decreased a couple years ago.


Bob Wagner, 401 Monterey Boulevard, expressed concern about the height and setbacks.


Herb Velozan, 416 Monterey Boulevard, stated that this is creating an eroding view line.


Rebuttal


Dave Studds, 2649 Palm Drive, Hermosa Beach, commented on the side yard and the height, stating that the residents on Monterey Boulevard are looking down on rooftops.


Chmn. Tucker closed the public hearing at 7:52 p.m.


Discussion


Comm. Perrotti said considering all the information in the packet, he could not make the findings to grant the variances. Comm. Schwartz said it could not be denied because they are blocking views because there is no view ordinance. Chmn. Tucker said this property has a view to the northwest.

MOTION by Comm. Schwartz, Seconded by Comm. Perrotti, to DENY the variance.

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

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None


Comm. Perrotti abstained from participation on the following agenda item.


10. PDP 97-15 -- PRECISE DEVELOPMENT PLAN TO INSTALL A CHEMICAL BUILDING ON THE CALIFORNIA WATER SERVICE PROPERTY IN THE OPEN SPACE ZONE TO PROVIDE CHLORAMINE INJECTION INTO THE WATER SUPPLY TANKS TO COMPLY WITH EPA AND DEPARTMENT OF HEALTH SERVICES WATER QUALITY STANDARDS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1602 PROSPECT AVENUE, ALSO KNOWN AS 1601 HARPER AVENUE.


Staff Recommended Action: To approve said request.


Mr. Schubach said the chemicals used are not considered toxic or hazardous or flammable in their liquid form and safety measures that are proposed for this small building will adequately protect the surrounding neighborhood. He said the facility would only need servicing once a month with a truck and does not require any employees to be at the site at all times.


Chmn. Tucker introduced a letter received from Jan Reynolds of 1602 Harper Avenue in Redondo Beach.


Chmn. Tucker opened the public hearing at 8:04 p.m.


Tom Coe, California Water Service, said the trees off of Harper would be replaced eventually with some type of planting, and the facility is monitored daily for sampling. He also said they hope to have construction completed on this project by the end of the year, depending on the weather.


Charlotte Ballon, 1704 Stanford Avenue, Redondo Beach, expressed concern because this is a residential area and the consequences of tank leakage.


Ray Warren, 18822 Berry Lane, Santa Ana, said the low pressure tanks are all housed in containment vessels and strengths are very low on these chemicals to minimize the hazard potential.


Larry Brown, 1500 Silver Street, expressed concern about noise and odors.


Tom Coe, California Water Service, said the noise level would be no higher than it is now with the exception of construction noise. He also said there would be three existing some oleanders that would be removed.


Chmn. Tucker closed the public hearing at 8:17 p.m.


MOTION by Comm. Pizer, Seconded by Chmn. Tucker, to APPROVE the resolution with the amendment to reinstall the landscaping.

AYES: Comm., Schwartz, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Merl

ABSTAIN: Comm. Perrotti


Comm. Perrotti returned to the commission meeting.


11. CON 97-15/PDP 97-16 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #24698 FOR A TWO-UNIT CONDOMINIUM AT 2046 HERMOSA AVENUE.


Staff Recommended Action: To approve said request.


Mr. Schubach said the project meets all zoning and planning requirements and does have sufficient landscaping.


Chmn. Tucker opened the public hearing at 8:22 p.m.


Elizabeth Srour, 1001 6th Street, representing owner Michael Mulligan, said the project is in a well-established R-2 zone and has a very substantial slope. She said that each unit has two guest parking spaces.


Annie Moller, 2050 Hermosa Avenue, introduced Jacqueline Welter, 125 21st Street, and the facts indicate a low density neighborhood and the General Plan should be amended to create a more consistent feel in the neighborhood and said that losing a parking space is a big deal.


Rebuttal


Elizabeth Srour, 1001 6th Street, commented that the zoning for this area is R-2 and identifies this area as medium density. She said this project complies with all of the development standards that are currently in place.


Chmn. Tucker closed the public hearing at 8:35 p.m.


Discussion


Comm. Perrotti said the zoning code is very specific for denial of condominium projects, and from the information received, there are no grounds for denial. Chmn. Tucker concurred that the zoning has been set.

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT the Resolution as proposed by Staff.

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

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None


A 10-minute recess was taken at 8:40 p.m.

The Planning Commission meeting reconvened at 8:52 p.m.


12. CON 97-16/PAP 97-17 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #24698 FOR A THREE-UNIT CONDOMINIUM AT 140 MONTEREY BOULEVARD.

Staff Recommended Action: To approve said request.


Mr. Schubach said Staff is recommending approval of the three-unit condominium project and the averaging method for the north side of the property. He said this lot has a convex curve, and Staff is recommending using averaging method to set the base elevation for determining building height as the current street elevation and adjacent properties suggest that the grade was formerly higher.


Chmn. Tucker opened the public hearing at 9:01 p.m.


Jerry Compton, 1200 Artesia Boulevard, Suite 300, Hermosa Beach, introduced rendering on the project, and spoke about the 26-foot turning radius, which requires additional width on the interiors of the garages. He said additional side yard width has been provided. He said Staff recommended approval of the split points.


Chmn. Tucker closed the public hearing at 9:17 p.m.


Discussion


Comm. Schwartz expressed concern that the parking scheme would meet the code and said the averaging on the side yard would be a reasonable way to deal with the difference in the slope. Director Blumenfeld, responding to Comm. Pizer's question on row dwellings, explained that rather than maintain a consistent six-foot yard that the yard could be averaged. Comm. Perrotti agreed with Staff's analysis of using the multiple points method of arriving at the grade issue. Chmn. Tucker introduced a letter from Mary Boyle into the record.


MOTION by Comm. Schwartz, Seconded by Comm. Pizer, to APPROVE the project with the requirement that decorative concrete be used in the guest parking area and that Staff verify that the parking meets all applicable codes with an amendment to have a traffic engineer check the turning radius of the parking.


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

NOES: None

ABSENT: Comm. Merl

ABSTAIN: None


Chmn. Tucker said, as with all matters before the commission, they were appealable to the City Council within 10 calendar days.


13. CUP 97-9 -- CONDITIONAL USE PERMIT AMENDMENT TO ALLOW LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING TAVERN AT 142 PACIFIC COAST HIGHWAY, THE PITCHER HOUSE.


Staff Recommended Action: To approve said request.


Mr. Schubach said the applicant is requesting live entertainment in conjunction with his now existing beer and wine on sale establishment. He said the project is in a commercial Specific Plan area and in the General Plan commercial corridor, which allows this type of use. He said Staff examined the kind of impact this would have on the surrounding residences and found that the neighbors are to the east side of the building, and the stage is away from the doors and windows and situated on the west side of the property. He said there were not grounds to deny this proposal because of it being an impacted area as far as the number of establishments as there is only one other establishment in the area with live entertainment. Director Blumenfeld said the owners made substantial improvements to the property. He noted that though the stage may reduce the seating area, but the occupancy would be approximately the same.


Comm. Merl entered the Planning Commission meeting.


Chmn. Tucker opened the public hearing at 9:34 p.m.


Gary Cullen, 62 The Strand, said when they removed some timbers from the parking lot area, they now have room for 12 cars in the parking lot. He said his goal is to install air-conditioning within the next three years. In response to Chmn. Tucker's question regarding patrolling of the parking lot at closing time, he said he eventually wanted to install video cameras.


Jerry Olguin, 1235 2nd Street, spoke about the parking and sound mitigation and said with the addition of live music there is going to be an abundance of traffic on 2nd Street.


John Guerra, 911 2nd Street, said he is opposed to cranking up the music and said a back door on the north side frequently has a door open for ventilation. He said the biggest problem is loud hollering, vulgar language, etcetera, at 2:00 a.m. when the establishment closes.


Chris Jacoby, 912 2nd Street, said live bands increases the number of people, the numbers of cars going the wrong way, the littering of beer bottles, and the number of people urinating.


Renee Stenmore, 835 2nd Street, said she has not had a problem with noise or littering on her yard.


Ann Lewis, 834 1st Street, said the doors are actual swinging bar doors, and if the addition of live music is not to increase business, then why antagonize residents.


Tito Corinsi, 5410 W. 190th Street, #53, Torrance, said nobody leaves the establishment with a beer bottle in their hand.


Vickie Holdreth, 906 2nd Street, said she objects to live entertainment because it will increase the number of patrons, and it is adjacent to residential property. She also expressed concern with the vandalism that has occurred on her property.


Patricia Spiritus, 1610 The Strand, said the residential and commercial conflict is always going to exist. She also said the police do the best they can to control noise and disturbances early in the morning when people are going home from establishments.


Charles Bridge, 849 2nd Street, said improvements that the owner has made have eliminated the majority of the noise from the bar and that he did not feel that live entertainment would impact the neighborhood.


William Wachtel, 849 2nd Street, said the people going the wrong way on 2nd Street is not totally the owner's problem and said he did not have any concerns about the noise problem.


Rebuttal


Gary Cullen said he doesn't want anymore people than 191 which is allowed. He also said he wanted to have amplified music. He said air-conditioning is going to cost $25,000 or more, and he has an agreement with the owner to have it installed.


Chmn. Tucker closed the public hearing at 10:13 p.m.


Discussion


Director Blumenfeld said parking on-site is nonconforming but that the owner is not required to provide additional parking. Comm. Perrotti said they would be requiring that the doors and windows be closed while there is music. Comm. Pizer said, if this is successful, there will be three times increase in patrons. Comm. Schwartz said air-conditioning should be required in order to mitigate some of the impact. Chmn. Tucker introduced several letters and addressed the problem with the GTE parking lot. He also commented on the ventilation problem and said they would require air-conditioning so that the windows and doors could remain closed during live entertainment.


MOTION by Comm. Perrotti, Seconded by Comm. Merl, to ADOPT the resolution as proposed by Staff with the additional condition that air-conditioning system be installed and the rear windows and doors be closed during the entertainment, and direct staff to work with GTE on closing parking lot.


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

NOES: None

ABSENT: None

ABSTAIN: None


Chmn. Tucker said, as with all matters before the commission, this item is appealable to the City Council within 10 days.


14. SS 97-3 -- TEXT AMENDMENT REGARDING TEMPORARY BANNER SIGN.


Staff Recommended Action: To recommend that the City Council adopt an interim ordinance and to direct staff to begin the trial enforcement program.


Director Blumenfeld said this is a request to modify the sign ordinance to permit an extension for the display of banners from 60 to 90 days and allowing the installation of these signs under 30-day increments to allow more flexibility to the merchants or business owners in displaying banner signs. He also said they wanted to try a different enforcement method by using the police citation more rigorously, which would be easier and less costly to enforce. He said they are trying to come up with a solution that would be agreeable to the merchants.


Chmn. Tucker opened the public hearing at 10:34 p.m.


Chmn. Tucker closed the public hearing at 10:34 p.m.


MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT the resolution.


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

NOES: None

ABSENT: None

ABSTAIN: None


HEARINGS


15. NR 97-9 -- NONCONFORMING REMODEL TO ALLOW THE CONVERSION OF A DUPLEX TO A SINGLE-FAMILY DWELLING WITH EXISTING PARKING ENCROACHING INTO PUBLIC RIGHT-OF-WAY AT 4 THE STRAND.


Staff Recommended Action: Project withdrawn.


16. SS 97-4 -- REPEAL OF PLANNING COMMISSION ADOPTED "POLICY STATEMENTS."


Staff Recommended Action: To repeal the listed Policy Statements and set a public hearing for consideration of specific text amendments to incorporate the repealed policies.


Director Blumenfeld said they are requesting the Commission consider two items, to repeal the Planning Commission Policy Statements to help deal with issues that were not codified in the zoning ordinance and then to codify them in the zoning ordinance as law.


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


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

NOES: None

ABSENT: None

ABSTAIN: None


Comm. Schwartz left the meeting to abstain.


17. A-14 -- APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO DENY A 57-SQUARE-FOOT BUILDING ADDITION WITHOUT ADEQUATE OPEN SPACE AT 352 31ST STREET.


Staff Recommended Action: To direct staff as deemed appropriate.


Director Blumenfeld said the property owner is appealing Staff's determination that a 57-square-foot bathroom addition should not be permitted for an existing single family dwelling on designated "small lot" of 2,100 square foot lot because of inadequate open space. He said the required open space is 300 square feet. He said in order for the owner to go forward with this proposed bathroom addition, they would have to provide about 250 square feet of addition open space which is approximately four times more than the small bathroom addition. He said Staff recognizes the difficulty complying with the Zoning Ordinance, but that it does not give addition latitude on the issued. He noted that it is arguable that since there is virtually no open space on the small lot that the nonconformity is not being increased.


MOTION by Comm. Merl, Seconded by Chmn. Tucker, to APPROVE the appeal.


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

NOES: None

ABSENT: None

ABSTAIN: Comm. Schwartz


Comm. Schwartz returned to the Planning Commission meeting.


STAFF ITEMS


18a. Memorandum regarding determination whether omission of architectural design features are minor modifications for the nine-unit condominium at 330-342 Ardmore and 615 3rd Street.


Director Blumenfeld presented photographs of the project which depict the existing conditions on the site and asked the Commission for direction on whether they constitute minor modifications to the approved plans. Chmn. Tucker inquired whether they had required decorative concrete which was not installed. Comm. Merl said the Commission has given a lot of latitude and not specified exactly the types of materials to be used on the project, but that the changes were not minor. Comm. Merl said these were explicitly not minor modifications and that they are substantial because they change the character of what was approved. The Commission unanimously deemed by minute order that the changes were not "minor modifications".


18b. Memorandum regarding Conditions of Approval for condominium construction.


Director Blumenfeld said Staff is asking the Commission to consider a new polity that prior to issuance of a building permit, the property owner of a condominium project notify the abutting property owners within a 100 feet of the commencement of the construction date for shoring activity. He said this would become a Condition of Approval for discretionary residential permits.


Chmn. Tucker suggested that the radius be 300 feet on condominiums, and there was unanimous agreement and it was so ordered.


18c. Community Development Department Activity Report of August, 1997.


Director Blumenfeld said building activity for the first quarter of 1996 was $2,000,000 and building activity for the first quarter of 1997 is $6,000,000, which is mostly related to single family dwellings and new condominium development, which underscores the need to try to deal

with the noise issues relative to construction.


Receive and file.


18d. Tentative future Planning Commission agenda.


Receive and file.


18e. City Council Minutes of September 9, 1997.


Receive and file.


ADJOURNMENT


MOTION by Comm. Schwartz, Seconded by Chmn. Tucker, to ADJOURN at 11:00 p.m. No objections; so ordered.


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