The meeting was called to order by Chairman Perrotti at 7:07
P.M.
Commissioner Tucker led the Salute to the Flag.
Present: Commissioners Hoffman, Kersenboom, Pizer, Tucker,
and Chairman Perrotti
Absent: None
Also Present: Sol Director Blumenfeld, Community Development
Director
Michael City Planner Schubach, City Planner
Denise Bothe, Recording Secretary
Director Blumenfeld reported that the city attorney advised
that it was simpler to modify the original resolutions by
deleting reference for shared common parking for public use and
to delete all references to offsite parking as a common parking
facility related to Resolution Nos. 02-16 and 02-17.
-
CUP 02-2/PARK 02-2
(PDF file)
-- Conditional Use Permit to allow a small beer
manufacturer with on-sale beer and wine service and
extended hours to 1:30 a.m. and a Parking Plan Amendment
to use off-site parking to meet parking requirements at
58-60 11th Street, Hamilton Gregg Brewworks (continued
from March 19, 2002 meeting).
Staff Recommended Action: To direct staff as deemed
appropriate.
Director Blumenfeld noted that as directed by the
Planning Commission, staff and the applicant worked
together on addressing and resolving several issues of
concern to the Planning Commission, such as balancing the
inadequate parking issues and giving further consideration
to some of the business operations; advised that the
applicant has done several things to mitigate these
concerns by modifying the floor plan for a more
conventional bar use - pointing out that the Planning
Commission had been provided a schematic conceptual floor
plan for review at this evening's meeting; and that by
doing so, it helped to reduce the parking demand by an
amount equivalent to the area that is going to remain as a
manufacturing use. Director Blumenfeld stated that
additional parking is being proposed on the adjacent
property; that the applicant is proposing to provide all
required 10 parking spaces offsite; noted that a parking
attendant will be on duty during the hours of operation to
manage the tandem parking; and mentioned that this
attendant will also be responsible for managing any noise
or loitering that may occur at the back of this property.
Director Blumenfeld advised that the applicant is
requesting that the hours of operation be permitted to go
up to 12:30 A.M. Sunday through Wednesday and up to 1:30
A.M. Thursday through Saturday. He noted that the applicant
has suggested that the noise concerns can be mitigated by
not providing live entertainment and by ensuring that the
business doors and windows will be closed by installation
of an air handling system.
If the Planning Commission approves the applicant's
request this evening, he stated that staff would propose
that the hours of operation be limited between 5:00 P.M.
and midnight; that an attendant be available on site during
the hours of operation; that parking signage be displayed
to reflect the off-site parking location for the business
during its hours of operation; that the agreement between
Brewworks and the property owner be more explicit; that if
the agreement is terminated, that the CUP and Parking Plan
approval will become void - noting that the business will
then have to close unless the CUP and Parking Plan are
amended and alternative parking arrangements are made to
the satisfaction of the Planning Commission; that on-sale
and off-sale alcohol be limited to the beer which is
manufactured on the premises; that the doors and windows
remain closed during operating hours; that an air handling
system be installed to adequately condition the interior
air; that there be a revised scaled/measured floor plan
provided; and that the CUP be brought back to the Planning
Commission for review following the first 6 months of
operation.
Chairman Perrotti opened the public hearing.
Patricia Spiritus, one of the Brewworks principals, with
the aid of a schematic drawing, highlighted the proposed
changes to the facility; stated that not only is the
Brewworks near a residential area, but it is also
surrounded by commercial uses; stated that the brick walls
of the facility are over 12 inches thick; that it has no
windows on the side of the building; that when the building
was upgraded in 1992, two of the windows in the back were
filled in to accomplish the seismic retrofit; and that the
only window that remains at the back is a double-paned
window that cannot be opened. Ms. Spiritus advised that
this business has operated since its inception without
incident. She added that they are proposing to build
another restroom at the back of the building and that a
second door, which will create a chamber, will be installed
to further mitigate any interior noise from escaping into
the alleyway. She explained that all of the business
operations occur at the front of the building; advised that
the trash dumpster in the alley belongs to the apartment
building; that her business does not utilize this dumpster;
and that the business shares a dumpster down at the end of
Pier Avenue with the rest of the local businesses. Ms.
Spiritus stated that the garages of the homes in the alley
create an additional buffer zone from the businesses;
expressed her belief that the noise complained of is not
coming from her facility, but that it is coming from all of
the activities in the Downtown commercial area; and stated
that her proposed business operations will not create a
negative impact upon the residents. She mentioned that with
the managed parking being conducted in the back, they will
be able to prevent some of the noise and loitering that is
currently happening. Highlighting the closure of Alfredo's,
she expressed her concern that limiting her operating hours
at midnight would have a negative impact to the success of
the business; expressed her approval of the 6-month review
period; and urged the Planning Commission to approve her
request.
She advised that while the current plans are to only
sell their manufactured beer, she would prefer the option
to sell beer which is not manufactured on the premises,
that she would like the option of selling a specialty beer
not manufactured on site. She commented on the plans to
enclose the brewing area.
Ms. Spiritus confirmed for Commissioner Kersenboom that
no patron will be permitted to use the back door, that the
patrons will have to walk around to the front of the
building.
In response to Vice-Chairman Pizer's inquiry, Ms.
Spiritus stated that other than the hours of operation and
the sale of beer not manufactured on site, she is in
concurrence with the rest of the proposed conditions of
approval. She added that she would prefer not to erect a
wall in front of the kettle line due to its high
temperature; explained that the brewery will not be
operated during the open hours; and that this area will be
sealed from customers to prevent them from leaning up
against the kettles. She advised that when the brewing
activities are occurring, the business is not open to the
public and that it is closed off to the public when the
business doors are open for business.
With respect to the conditions of approval, Ms. Spiritus
requested that the words "air conditioning system" be
replaced with the words "HVAC system" - pointing out that
the 8-ton cooler currently on the roof which services the
brewing system will be retrofitted with a chilled water
loop system to bring cool air into the interior of the
building for circulation purposes. She added that all of
the building windows are double paned and reiterated that
the thick walls help to insulate any noise.
Responding to Commissioner Hoffman's questions, Ms.
Spiritus expressed her desire to have the option of opening
at 11:00 a.m. on Saturdays and Sundays; explained that they
are not quite sure at this time how any valet parking could
be accomplished; that the parking attendant will be located
in the alleyway; that signage could be erected to so
reflect their parking availability; that the facility will
seat approximately 90 individuals; and expressed her belief
that the majority of customers will arrive by taxis or
walk/bike to this location.
Chuck Fredricks, 28 10th Court, expressed his concern
with the parking problems and the encroachment of parking
problems into the nearby neighborhoods.
Dan Laguardia, 47 10th Street, stated that his home is
located directly across from the Brewworks; advised that he
can hear noise coming from the Brewworks facility; that
this noise keeps his family awake some evenings; that he
can also hear the noise coming from the cooling system
condensers; noted his opposition to this business becoming
a bar; and stated that the parking situation is
unacceptable and unfair to the surrounding neighborhood and
that commercial alley parking should be discouraged.
Dena Sparks, 26 10th Street, highlighted her displeasure
with the limited parking in the area and the limited room
for vehicles to adequately maneuver; and noted her
opposition to the applicant's request.
Carla Marimon, Executive Director of the Hermosa Beach
Chamber of Commerce, assured the City, its residents and
business owners that the Chamber is taking steps to deal
with the complaints in this area; and advised that last
week, the business owners and managers of all the
restaurants and taverns in town met with the Mayor, City
Manager, the Police Chief and other officials for the first
of what will become regular meetings to discuss ways to
manage noise and other problems in the Downtown area. She
stated that part of the noise that the residents are
hearing now is due to the amplified music being improperly
played in the patios of restaurants - pointing out that
this is being corrected and that it will not be happening
anymore. She noted the Chamber's support for the Brewworks
in their endeavors to change their business with the times;
and expressed her belief that the Brewworks has been a
responsible and good business owner.
Ms. Marimon explained that the task force will be
meeting once a month to identify noise sources; that the
task force will be requesting that the Police Department
put out extra patrols within some of the areas which have
been identified as problem side streets; and stated that a
lot of the noise these neighbors are hearing comes from a
variety of places Downtown, not just one place. She added
that she would like to see Brewworks get the same benefit
that other similar competitor businesses enjoy in terms of
their operating hours; noted her belief that it is unfair
to restrict Brewworks to serving only their manufactured
beer and that their competitors are not restricted; and
expressed her desire to work with the City so that the
businesses aren't hurt and forced to close down.
Bill Monday, 40 11th Court, stated that this alley is
fairly narrow and that the commercial businesses are
located too close to his living quarters; and he urged the
Planning Commission to deny the applicant's request.
Lynn Laguardia, 47 10th Street, stated that the
activities in the alleyway are bothersome to her family and
expressed her opposition to this proposal.
Jim Tumey, 39 10th Street, concurred with his neighbors'
comments.
Michael Angelolupo, property owner of 50 10th Street,
stated that with the approval of this request, the number
of patrons will most likely increase, thereby bringing more
noise and traffic to negatively impact the quality of life
for the nearby residents.
Bob Monday, 40 11th Court, noted his strong opposition
to allowing any more bars to operate on Pier Avenue.
Since operating her business at this location since
1993, Ms. Spiritus stated that to her knowledge, none of
these people in the audience have ever come to her with any
complaints; and that if they had, she would have taken care
of the problem immediately. She stated that she will
continue to be a good neighbor; expressed her belief that
the noise can be significantly managed in the Downtown area
with the help of the Police Department and the Chamber of
Commerce; and she invited the residents to come to her if
they should have any complaints in the future. She stated
that this will be a reduced intensified use of space; and
urged the approval of this request.
There being no further input, Chairman Perrotti closed
the public hearing. Vice-Chairman Pizer addressed his
concern with late night noise in the alley and the limited
parking; stated that not all of the noise complained of can
be attributed to the applicant's business; expressed his
belief that the applicant has been a good business owner
since 1993; and noted his support for a 6-month review
period. Vice-Chairman Pizer stated that the applicant
should not be limited to selling her own brewed product,
that they should be permitted to do what their ABC license
allows; stated that there will continue to be an unmanaged
parking condition in the alley regardless of what happens
with this proposal; and that it is his belief that with
this area repaved, marked off and illuminated, it will help
to alleviate some of those problems in the alleyway.
Commissioner Hoffman expressed his belief that the
parking problems cannot be alleviated to the satisfaction
of the residents and the business owners and that,
therefore, he could not support this request.
Commissioner Tucker echoed Commissioner Hoffman's
concerns with the limited parking conditions and expressed
his belief that this proposal will bring an intensification
of use; and that based on the limited parking and the
granting of a CUP for a bar, he would be opposed to this
request.
Commissioner Kersenboom expressed his belief that
approval of this request will exacerbate the problems with
parking and noise.
Chairman Perrotti commented on the applicant's
willingness to work with staff to develop mitigation
measures to alleviate the concerns expressed by the
Planning Commission at its previous meeting, such as
parking and noise; stated that the 6-month review period
would allow the City an opportunity to determine if any
problems exist; and noted his support of the applicant's
proposal.
MOTION
by Commissioner Hoffman, seconded by Commissioner Tucker,
to DENY the applicant's request. This motion carried as
reflected by the following roll call vote:
AYES: Hoffman, Kersenboom, Commissioner Tucker,
NOES: Perrotti, Pizer
ABSTAIN: None
ABSENT: None
-
CUP 02-1
(PDF file)
-- Conditional Use Permit amendment to allow on-sale
general alcohol; amplified live entertainment; a take-out
food service window; and 24-hour operation in conjunction
with an existing restaurant and to add bar seating in the
patio area and adoption of an Environmental Negative
Declaration at 1100 The Strand, Scotty's.
Staff Recommended Action: To direct staff as deemed
appropriate.
Director Blumenfeld provided a background of the
applicant's conditional use permits and requests for this
facility; explained that this applicant is requesting to
amend his CUP to include adding full alcohol sales and to
include live entertainment; advised that the applicant will
be adding some bar seating, a dance floor, and a walk-up
takeout window; and that a request is being made to extend
the hours of operation to 24 hours, allowing alcohol sales
between the hours of 6:00 A.M. and 2:00 A.M. He stated that
this building is located within the Downtown district; that
the use is allowed within the zone; and that the use is
similar with the other uses/businesses in the area, but
that due to its location to the Pier Plaza area, there is a
great potential for noise to some of the surrounding
residents. He highlighted the letters which had been
received from the residents living near this facility in
which they address their opposition to the increase in
noise; and because there aren't substantial modifications
being proposed for this business, he added that the issue
of noise is difficult to mitigate in this existing business
- stating that the windows are not double paned and that
there is no air conditioning unit being proposed. He stated
that the applicant has indicated that the takeout window is
likely to be located in the northwest corner of the
business, directly adjacent to the Strand; and that staff
believes this location would create an unsafe condition for
pedestrian traffic on the Strand.
Commissioner Tucker commented on his concerns with the
limited parking; questioned why a parking attendant is not
being proposed; and noted his opposition to employees using
the limited parking at their places of business.
Director Blumenfeld noted for Vice-Chairman Pizer that
the applicant is short 29 parking spaces based on current
parking standards. He clarified that since there is no
proposed change in use related to parking there is no
change in the off street parking requirement.
Director Blumenfeld noted for Chairman Perrotti that the
current hours of operation are from 7:00 A.M. to 10:00
P.M.
Chairman Perrotti opened the public hearing in regard to
this matter.
Patrick Kellin, 46 11th Street, Hermosa Beach,
representing the applicant, noted that the applicant is not
proposing to do a lot of modifications to the building;
advised that the restaurant has been operating for years
with the 22 parking spaces which exist - noting that this
is one of the few establishments with its own parking lot
in that area; stated that a parking lot attendant is always
on staff; and advised that the applicant does try to
accommodate the majority of his guests in that parking lot.
Mr. Kellin stated that this evening's proposal is to have
the general sale of alcohol, to extend the hours of
operation, to allow a piano bar, to construct a takeout
window - noting that the applicant is flexible in the
placement of the takeout window.
Mr. Kellin stated for Commissioner Hoffman that the
sliding doors are off the ground; that as one enters in off
the alley side or parking lot side, that the grade is
higher than the Strand, ending up with a curbed condition;
and that at this point in time, the applicant is not
proposing any modification to that condition.
In response to Vice-Chairman Pizer's inquiries, Mr.
Kellin stated that at this time, the applicant is not
considering changing the way he runs his business; and
noted that the cars are stacked in the parking lot by the
attendant as efficiently as possible.
Mr. Kellin advised that beer and wine are currently
being served at this location; that it is the applicant's
intention to continue to serve food; and noted that he is
located in a commercial zone.
Steve Hunt, 910 Strand, advised that he is representing
various residents living nearby; noted their objection to
adding additional alcohol businesses in this area, which
will result in more noise and loitering; highlighted the
significant changes to the Downtown area in the past years;
and urged the Planning Commission to protect the residents'
quality of life by denying this request. Mr. Hunt suggested
that the City consider a more balanced land use and upscale
use at this location.
Mr. Kellin stated that he can appreciate the concerns of
the residents because his office and home is located in the
area and noted his interest in preserving the character of
the community; and reiterated that this business has
successfully operated at this site with its current parking
availability.
There being no further input, Chairman Perrotti closed
the public hearing.
Commissioner Hoffman expressed his belief that this is a
change in business use and that he can't support this
request.
Vice-Chairman Pizer concurred with Commissioner
Hoffman's belief that this request is a proposed change in
use; noted his opposition to the expansion of existing
alcohol licenses in this city; and expressed his belief
that this will help create an expansion of Pier Plaza noise
and crowd activities to the south Strand area.
Commissioner Tucker addressed the need to preserve the
quality of life for the residents in this community; and
cited his concerns with parking and noise.
Commissioner Kersenboom noted his belief that this
proposal is a change in use and commented on the increasing
parking needs in the area.
Chairman Perrotti noted his concern that the CUP will
run with the land and highlighted the fact that it is not
known who the future occupants of this property will be;
expressed his belief that the applicant hasn't been
proactive enough in mitigating the noise problems at this
business; and stated that while he would support extending
the hours of operation to midnight and the takeout window
on the southern or eastern side of the building, he could
not support the other requests.
MOTION
by Commissioner Tucker, seconded by Commissioner
Kersenboom, to DENY the applicant's request. The following
roll call vote reflected unanimous approval of the
denial:
AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None
Chairman Perrotti recessed the meeting at 8:55 P.M. and
reconvened the meeting at 9:06 P.M.
-
CUP 02-4
(PDF file)
-- Conditional Use Permit minor amendment to change
hours of operation of an existing market with off-sale
beer and wine from 7:00 A.M. to 10:00 P.M. to 8:00 A.M.
to 12 midnight Sunday through Thursday, and to 2:00 A.M.
Friday and Saturday at 205 Pier Avenue, Alta-Dena
Drive-In Dairy.
Staff Recommended Action: To approve said request.
Director Blumenfeld explained that the applicant is
proposing to extend his hours of operation for the existing
drive-through dairy from 7:00 A.M. to 10:00 P.M. daily to
8:00 A.M. to 12 midnight Sunday through Thursday and until
2:00 A.M. on Friday and Saturday; stated that some of the
surrounding businesses in the area are permitted to stay
open past 11:00 P.M. during the week; advised that both
letters in support and in opposition to the applicant's
request have been provided to the Planning Commission; and
noted that staff does not foresee the extension of hours as
a problem. Director Blumenfeld stated that there are issues
with how the site will be managed and that conditions
should be included to deal with loitering, littering and
noise control; and suggested that if this request is
approved, that there be a 6-month review period following
approval to determine if the applicant is in compliance
with the CUP. He added that there is no additional gross
floor area being added to the business; and advised that no
formal complaints have been made regarding noise or
loitering at this business nor has Code Enforcement staff
found a problem during a recently scheduled weekend evening
inspection.
Chairman Perrotti opened the public hearing in regard to
this matter.
Won Sam, 205 Pier Avenue, owner/operator of the dairy,
stated that one-third of his business is done during the
daytime hours and that the rest is done during the evening
hours; requested that he be given the same opportunity as
those stores across the street; and pointed out that his
facility reflects the great pride he takes in his
business.
Mike Anders, 1313 Sunset Drive, noted that he would
support the applicant's proposal; but addressed his
concerns with people coming through his street late at
night loitering and littering; and questioned if this sale
of alcohol will create more of a nuisance to the
neighborhood.
Robert Kurstey, 3435 Wilshire Boulevard, attorney
representing Nancy Yu, who manages Abe's Liquor which has
operated at 240 Pier Avenue for the past 20 years,
expressed his client's belief that allowing an expansion of
alcohol sales in this area will create a problem.
Terry Klinger, 1203 Monterey, stated that his residence
is located across from Alta Dena Dairy; that his car has
been vandalized; expressed his dissatisfaction with the
noise, littering and people urinating on his property; and
urged the City to not allow further expansion of liquor
licenses/sales.
Jason LaPointe, 145 Pier Avenue, expressed his support
of the applicant's request; stated that this property is
well-manicured; stated that the applicant is not
responsible for the noise, vandalism, littering and other
problems in the area; noted that the applicant should have
the same opportunity to run his business as that of his
competitors; and urged the Planning Commission's support of
this request.
Eric Kosella, 1405 Manhattan Avenue, commented on the
benefit and convenience of this business which is enjoyed
by many residents in the area; stated that the applicant
runs a decent, friendly and clean business; and noted his
support of the applicant's request.
Bill Drewer stated that he has a business across the
street from this dairy; expressed his belief that because
the applicant is outside running his business operations,
it tends to discourage illegal activity - noting that the
applicant has reported illegal activities on several
occasions; and noted his support of the applicant's
proposal because of its benefit to the community.
Jim Krinaught, 1706 Manhattan Avenue, 23-year resident
and neighbor, noted that the applicant runs a decent
operation; expressed his support of the applicant's
request; pointed out that this is one of the few remaining
dairies in the South Bay area; stated that he feels safer
with the applicant being outside and keeping an eye on what
is going on in the area; and he encouraged the Planning
Commission to support the applicant's request.
There being no further input, Chairman Perrotti closed
the public hearing.
Commissioner Kersenboom noted his support for fair
competition; stated that this facility is a clean facility;
and highlighted his support for extending the hours of
operation.
Commissioner Tucker stated that he would agree to
extending the hours to midnight with a 1-year review
period; and in order to mitigate traffic concerns, he
suggested that cars only be permitted to turn left to exit
this facility.
Vice-Chairman Pizer noted his support for the
applicant's request.
Commissioner Hoffman commented on the effectiveness of
businesses remaining open late and the reduction in
loitering or illegal activity.
Chairman Perrotti highlighted the fact that there is no
record or registered complaint as a result of this
business's operations; and noted his support for a 6-month
review period.
Commissioner Tucker reminded the Planning Commission
that this business has no record of being open past 10:00
P.M. and, therefore, it is not known what problems may
occur.
Director Blumenfeld, in response to Commissioner
Tucker's comment, stated that staff could provide a
progress report if the Planning Commission so desires; and
advised that if there were a problem, the matter could be
set for hearing and the CUP reviewed for modification or
revocation.
Commissioner Tucker reiterated his concern with traffic,
suggesting that the vehicles only be permitted to exit in
one direction.
MOTION
by Commissioner Hoffman, seconded by Vice-Chairman Pizer,
to APPROVE the applicant's request. The following roll call
vote reflected approval of the applicant's request:
AYES: Hoffman, Kersenboom, Perrotti, Pizer
NOES: Tucker
ABSTAIN: None
ABSENT: None
-
CUP 02-3
(PDF file)
-- Conditional Use Permit amendment to allow on-sale
general alcohol at 142 Pacific Coast Highway, The Pitcher
House.
Staff Recommended Action: To approve said request.
City Planner Schubach stated that from July 1997 through
April 2002, there have only been two noise complaints from
the music at this establishment and one complaint regarding
loud individuals reported to the Police Department; advised
that the applicant is requesting to only change the type of
alcohol that will be served at this establishment.
Responding to Chairman Perrotti, he noted that this
building does have air conditioning, but that it's not
adequate for the size of the building; advised that the
windows are not open when there is live entertainment; and
pointed out that one of the conditions for approval is to
require that an adequate air conditioning system be
installed to enable the business to close doors and windows
during live entertainment activities.
Gary Cullen, owner/operator of the Pitcher House,
advised that this business has been at this location for
the past 52 and a half years; stated that he has been the
owner of this business for the past 6 and a half years; and
explained that there is an air conditioning unit above the
stage with a fan blowing the cool air into the bar area.
Mr. Cullen stated that there are no windows on the north
side of the building facing the residents; advised that the
door is kept closed on the north side of the building; and
mentioned that live music is played three nights a week,
from 9:00 P.M. to 10:30 P.M. on Thursday nights and from
9:00 P.M. to 1:15 A.M. on Friday and Saturday nights; and
pointed out that occasionally, there is live entertainment
on Sundays. Mr. Cullen noted his interest in being a good
neighbor; advised that if something goes wrong, he deals
with the problem immediately; and stated that because he is
not able to sell mixed drinks, he is experiencing a
reduction in business.
Commissioner Kersenboom stated that the applicant should
abide by the City's code and that an adequate sized air
conditioning unit should be provided.
Mr. Cullen expressed his belief that his facility is
adequately cooled, but stated that he would install a
larger unit if required. He added that on the weekends, he
has at least four doormen and two managers in the bar.
Bill Bastion, owner of Patrick Malloys, stated that he
supports the applicant's request and noted that he should
be afforded the same opportunity to compete with similar
businesses in the area.
Ian Fortuti, soundman for the bar, stated that the bands
are instructed when they need to lower the volume of their
music.
Pat Irwin, south Hermosa Beach resident, expressed his
support of the applicant's request.
There being no further input, Chairman Perrotti closed
the public hearing. Commissioner Kersenboom stated that the
applicant should conform to the conditions of approval and
noted that he is in support of the request.
Commissioner Tucker pointed out the limited number of
complaints and highlighted his support of the applicant's
request.
Vice-Chairman Pizer noted that while he is opposed to
expanding alcohol licensing, in this case there doesn't
appear to be a high density of bars in this area as
compared with that of lower Pier Avenue; expressed his
belief that the applicant is losing potential business
because of his limited sales of alcohol; and stated that it
is time for this 52-year old business to change with the
times.
Commissioner Hoffman noted his concurrence with the
Planning Commission's statements.
Chairman Perrotti expressed his support for staff to
determine whether there is sufficient air conditioning in
this building to enable doors and windows to remain closed
during periods of live entertainment and noted his support
of the request.
Commissioner Tucker suggested that the use of other
systems be considered, such as a swamp cooler - noting his
preference that a cooling system not be limited to an
expensive system, but one that is adequate; and expressed
his belief that the patrons will drive the comfort zone
inside the building.
Responding to Commissioner Hoffman's inquiry, Director
Blumenfeld stated that Condition No. 5 requires that an
adequately sized air conditioning system be installed to
enable the owner to keep doors and windows closed during
periods of live entertainment; and stated that staff would
research an alternate cooling system, if that was the
direction of Commission.
Commissioner Hoffman noted that it would be in the best
financial interest of the applicant to make his facility
comfortable for his patrons.
Director Blumenfeld suggested that Condition No. 5 be
amended to reflect that an air conditioning system or
alternate cooling system shall be installed to adequately
condition the entire building prior to any entertainment
activity being conducted on the premises and to ensure that
all doors and windows shall remain closed during
entertainment activity.
MOTION
by Commissioner Tucker, seconded by Commissioner
Kersenboom, to APPROVE the applicant's request; and moved
to include the amendment to the end of Condition No. 5 to
enable doors and windows to remain closed during
entertainment. This motion carried as reflected by the
following roll call vote:
AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None
-
NR 02-1
(PDF file)
-- A nonconforming remodel to remodel/expand 100 square
foot and reduce the number of dwelling units from four
units to three units at 802 The Strand (continued from
February 19 and March 19, 2002 meetings).
Staff Recommended Action: To approve said request.
City Planner Schubach noted that the revised plan
reflects a reduction in density from 4 units to 2 units and
includes a 250-square-foot expansion, which the code will
permit; and explained that one parking space will be
available for each of the two units. He noted for
Commissioner Tucker that the stairway is located on the
north side in the side yard; that if the stairway were to
be replaced, it would have to conform with the City's
zoning code for noncombustible materials, but that it is
otherwise permitted to be there as it currently stands.
City Planner Schubach explained for Chairman Perrotti
that there is 100 square feet of countable open space up on
the roof, noted for Vice-Chairman Pizer that if this were a
new building, the north stairway would not be
permitted.
Charles Reinagel, applicant, stated that his family will
live in this house; stated that with considerable expense,
he has improved the aesthetics of this property with
landscaping and upgraded the real estate; and noted that he
is working towards getting this property closer into
conformance with the City's code for density along the
Strand.
Mr. Reinagel noted for Vice-Chairman Pizer that he is
willing to investigate a feasible way of eliminating the
north stairway; and noted the difficulty of relocating the
stairway due to a lawsuit between he and his neighbor over
a 50-foot long by 3-foot wide easement area.
Patricia Cochlan, 808 The Strand, commented on the legal
restrictive easement that she had sued Mr. Reinagel over --
pointing out that she had taken care of the land between
the two stairways for 22 years; and she questioned where
the proposed 250 square feet will be placed.
City Planner Schubach advised that the 250 square feet
is up on the top westerly level, towards the front of the
building; and stated that the spiral staircase will be
located inside the building.
Ms. Cochlan requested that she be able to look at the
plans for this site; and noted her opposition to any
construction that will obstruct her view, daylight to her
home, and climate.
There being no further input, Chairman Perrotti closed
the public hearing.
Commissioner Tucker commented on the proposal for lower
density and noted his support for the applicant's
request.
MOTION by Commissioner Tucker, seconded by Commissioner
Kersenboom, to APPROVE the applicant's request. This motion
carried as reflected by the following roll call vote:
AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None
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TEXT 02-4
(PDF file)
-- Special study regarding standards for mixed use
development (continued from March 19, 2002
meeting).
Staff Recommended Action: To set the matter for public
hearing.
Director Blumenfeld highlighted the comments he had
received from the Planning Commission, such as their input
that lower Pier Avenue was not initially thought to be a
good candidate for the mixed use zone because the
residential use might be in conflict with the late night
activity of the downtown; that it ought to be located
elsewhere in the commercial zones; stated that the majority
of the Planning Commission believed that live/work ought to
be a component of this program; that it should occur in the
M zone; that it was felt there ought to be an overlay zone
that could be applied to the commercial and manufacturing
zones; that most felt that nonpermitted uses and permitted
uses should be identified as part of this ordinance in
order to minimize potential conflicts; that it was felt the
City should follow the R-3 residential standards as a
guideline for residential development; and that it was felt
that there should be no shared parking, that each use
should have its own full compliment of parking in order to
avoid the kinds of conflicts that arose with the last
consideration of a mixed use project on Hermosa Avenue.
Director Blumenfeld noted that staff has incorporated
the recommendations with standards that address the
following: that the ground floor should be primarily
designated for commercial parking uses; that residential
areas should be located above the ground floor; that based
upon the Planning Commission's comments, staff is
suggesting that the residential use be limited on the
ground floor to no more than 25 percent of the ground floor
area (access/corridors to residential); and that the
commercial portion of the building would be subject to the
development standards of the commercial zoning in which it
is located.
He noted that staff is also suggesting that there be
specific standards for noise, security, and lighting; that
with regard to noise, he suggested that commercial uses be
sound-proofed; that hours of operation for the commercial
uses be severely restricted so that it doesn't become a
pre-destined code enforcement problem for the new
residential uses that will be developed; that the entrances
for the residential areas be separate and secured from the
commercial uses; that the parking areas be similarly
separated; that lighting be developed so that the outdoor
lighting doesn't become a nuisance for the residential
areas; that signing security and lighting for the business
be strictly controlled. Director Blumenfeld also suggested
that no drive-through facilities be permitted; that pet
stores and animal hospitals be prohibited; that no motor
vehicle or equipment sales or service be a part of this
use; that adult business not be permitted; that all game
and arcade type facilities be prohibited; and that
motels/hotels be prohibited. He advised that staff will
come back to the Planning Commission with a draft text
amendment to reflect these changes.
Vice-Chairman Pizer noted his support for shared guest
parking where the living space is directly above the
commercial space and it's the same occupant for both
applications.
Commissioner Tucker questioned if the list of exclusions
should include restaurants and cafes unless they can park
their patrons without a problem.
Director Blumenfeld explained that a restaurant is
distinguished from a snack shop in that the restaurant has
a grill and a hood and that a snack shop does not; and
indicated a restaurant would present nuisance problems for
residential above and that it would be a good use to place
on the exclusion list.
Commissioner Tucker noted his preference to have the
open space on the street frontage and that the signage be
more restrictive.
The Planning Commission was in agreement to set some R-3
minimum standards and to increase the residential unit
sizes.
In response to the Planning Commission's suggestion,
Director Blumenfeld stated that staff will provide examples
of some larger projects and that the Planning Commission
will be able to see how the parking on a project can
dictate its form and design; and that some schematic
conceptual drawings will be presented to the Planning
Commission.
-
Staff Items
None.
-
Commissioner Items
Vice-Chairman Pizer commented on the reduction of permit
revenues as compared to those revenues from last year.
Director Blumenfeld stated that more permit applications
are starting to increase again and commented on the permit
revenues and the link to the economy.
Director Blumenfeld provided a status report on the
anticipated completion of the City Hall construction
project; and noted that the construction manager has stated
that they are approximately 30 days behind schedule and
that they should be back to City Hall by the end of June
2002.
Director Blumenfeld noted for Commissioner Tucker that
the Economic Enhancement Commission report is being
presented to the City Council this coming Tuesday.
-
Adjournment
MOTION
by Commissioner Tucker, seconded by Commissioner
Kersenboom, for adjournment at 10:40 P.M. There being no
objection, it was so ordered.
