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PDP 02-17/CUP 02-9 (PDF File) -- Precise Development Plan and Conditional Use Permit to allow the construction of a one-story 13,200 square foot commercial building for a drugstore, including a drive-through lane for purchase and pick-up of pharmacy products, and adoption of an Environmental Negative Declaration at 155 and 159 Pacific Coast Highway, Sav-on Drugs (continued from November 19, 2002 meeting).
Staff Recommended Action: To approve said request.
Director Blumenfeld advised that the applicant is seeking a continuance of this matter in order to have more time to investigate additional site considerations.
MOTION by Commissioner Perrotti, seconded by Commissioner Tucker, to CONTINUE this matter to the January 21, 2003, Planning Commission meeting. The motion carried as follows:
| AYES: | Hoffman, Kersenboom, Perrotti, Tucker |
| NOES: | None |
| ABSTAIN: | None |
| ABSENT: | Pizer |
Commissioner Tucker offered to meet with staff and the applicant to review his concerns with this project.
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CUP 02-10/PDP 02-22 (PDF File) -- Conditional Use Permit and Precise Development Plan amendment to reconfigure an existing restaurant with on-sale general alcohol, live entertainment and outdoor dining at 1301 Manhattan Avenue, Ein Steins.
Staff Recommended Action: To approve said request.
Director Blumenfeld advised that the project is proposed to be developed as a new restaurant under new management; noted that the interior floor space is 6,400 square feet; that the outdoor dining decks totals 1,700 square feet; explained that the project parking is currently provided in the existing multi-tenant building at 1301 Manhattan Avenue; and that the parking is proposed to be maintained as it was originally permitted. He added that the applicant is proposing to make substantial changes to the interior of the restaurant layout in order to resolve some of the code enforcement problems that existed with the prior use; advised that the changes include a new western steakhouse theme for the business, with a western-oriented menu; that a new seating arrangement is being proposed, which will add more seating, but noted that the restaurant seating plans are not available at this time; that the applicant is proposing to enclose the first level outdoor dining deck sometime in August 2003, due to financial reasons; that 8-foot high walls are being proposed for the second level, which will provide a noise surround for that outdoor dining area; that two fire pits are being proposed as part of this second level outdoor space; and that as part of the western theme, the applicant is proposing a mechanical bull ride.
With regard to the parking, Director Blumenfeld explained that the lower parking garage at 1301 Manhattan Avenue is available to all tenants; however currently, the lower 40 parking spaces are only accessible through a keyed gate operation in violation of the original restaurant Conditional Use Permit.; and stated that consequently the restaurant is not fully parked during its operation With regard to noise concerns, Director Blumenfeld explained that the noise issues are proposed to be addressed through some of the building renovation and restaurant and operation changes; advised that the operation changes include a proposal for live entertainment, allowing for the playing of recorded music and a piano; stated that outdoor amplified music on the second and upper level patios will be eliminated; that higher surround walls will be installed to help attenuate some of the noise; The entire lower patio will be enclosed and added that outdoor seating for dining will be limited to the second floor patio.
Director Blumenfeld advised that staff is recommending the following additional conditions: a 6-month review of the CUP relative to compliance for the business; to install a glass enclosure or other barrier along the west side of the outdoor dining areas preparation of a noise attenuation study by an acoustical engineer relative to potential noise impacts; limiting occupancy of the upper patio to 10:00 P.M.; limiting occupancy of the lower patio to 11:00 P.M. if the existing condition is allowed to remain on a temporary basis; that no live entertainment be permitted in the outdoor seating areas and that the acoustical study address this condition; that the management be responsible for maintaining and monitoring the noise to assist with code enforcement; that dancing be limited to the banquet area; and that all parking be available during the evening hours for all customers of the business, with no assigned parking, or with keyed valet access to the lower parking level area.
Commissioner Perrotti requested that the terminology in the resolutions be consistent with what's reflected on the plans, specifically in this case, being consistent with identifying the patios.
Director Blumenfeld noted for Vice-Chairman Hoffman that the resolution could be amended to limit what activities can take place on the patios, such as limiting the hours of operation; that outdoor dining or seating shall not be allowed later than 11:00 P.M. on the lower patio and 10:00 P.M. on the upper patio; and that no other use be permitted in the patios beyond those hours.
Vice-Chairman Hoffman opened the public hearing.
Allen Sanford, applicant, 1710 Esplanade, No. C, Redondo Beach, distributed to the Planning Commission and staff a copy of the acoustical engineering report which was done on the proposed modifications that are being requested; stated that the report breaks down each of the areas that are being proposed for modification, such as the installation of laminated glass walls, stucco walls to block the migration of noise; and noted his conclusion that the report demonstrates some solutions in attenuating the noise problems. He added that he is confident that he can operate a successful restaurant while keeping the noise to a minimum. With regard to the two proposed fire pits, Mr. Sanford advised that the City's Fire Chief and Fire Department officials have no problem with the installation of the fire pits as long as the fire pits are maintained within the established fire codes. Noting that adequate parking is crucial to the success of any business, Mr. Sanford explained that he is closely working with the owner of the building to develop solutions to the parking situation, such as valeting the bottom floor, the use of Becker's parking once Becker's is closed, and plans to approach officials of the church on 16th Street for valet parking on their site. Mr. Sanford mentioned that he welcomes a 6-month review.
Mr. Sanford explained that part of the concept for the steakhouse is late evening dining and that he would prefer a later closing hour for the upper patio; and stated that taking away that seating at an earlier hour would negatively impact the later dining activities and impair the ability to perform well as a restaurant. He requested that the upper patio be permitted to remain open until 12:00 midnight. He highlighted the importance of providing an area for those patrons who smoke; stated that modifications were made to accommodate those who smoke, such as providing the laminated glass walls, the 8-foot stuccoed wall on the south side, and the five general points. He added that there is plenty of room and that this is an important issue for the success of this business. Mr. Sanford stated that the only changes to the exterior of the building will be the placement of some weathered cedar to the facade.
Mr. Sanford explained that the second level patio is somewhat of an artery to the entire restaurant; that in order to get to the third patio, one has to access the second level patio; and noted that food will be transported via the patio areas. He added that the third level patio is designed to be a quieter patio.
Mr. Sanford noted for Commissioner Perrotti that he is proposing the type of music that will have a low base sound, one that will not migrate as that of heavy based music; and stated that he would like to have a piano in addition to the recorded music. He explained that the mechanical bull is hydraulic and that it is a quiet operating system; stated that due to liability issues, the bull riding activities will be operated by two employees; and mentioned that OSHA requirements will be exceeded for the bull riding setup.
Commissioner Perrotti noted, echoed by Commissioner Kersenboom, his concerns with the noise coming from those cheering on the bull riding activities.
Mr. Sanford stated that the bull riding will be available to children and adults; that it will be well supervised; and noted that he will not put the restaurant operation at risk for the bull riding activity.
Jed Sandford, 3119 Valley, Manhattan Beach, stated that the restaurant theme will be consistent throughout the entire facility, but that they will be providing different atmospheres in this large building, such as having a quieter area on patio 3 and a higher energy area on the first floor level.
Commissioner Tucker suggested placing the smoking area near the fire pits.
In response to Commissioner Tucker's suggestion, Mr. Sanford stated that that option has been discussed; and added that the facility can be compartmentalized and closed off to the restaurant patrons for banquet activities.
Jim Lissner, Hermosa Beach, requested that the resolution specifically call out for what live entertainment will be permitted; he addressed his concerns with those leaving this establishment and the noise from their departure late in the evening or early morning hours; and requested that the Planning Commission limit the hours of operation to 11:00 P.M. five days a week and to 12:00 midnight two days a week.
Barbara Garvey, 1530 Manhattan Avenue, addressed her concerns that this establishment will add to the existing late evening and early morning noise and other nuisances caused by the business patrons; and noted her concern that the restaurant will eventually operate more as a bar.
Mr. Sanford explained that it is his goal to serve, from a restaurant perspective, a broad range of patrons, not exclusively for families or any one particular demographic; stated that he is targeting for the later evening hours a conversational environment, typically people from ages 25 to 45, where they can stay and have a drink and listen to some music; and reiterated that the foundation of this business is a restaurant, balanced with a minimal bar service.
There being no further public input, Vice-Chairman Hoffman closed the public hearing.
Commissioner Kersenboom suggested that the resolution limit the live entertainment to acoustic and recorded music.
Vice-Chairman Hoffman suggested that the resolution be revised to consistently identify the patio levels.
Commissioner Perrotti stated that he is concerned with noise, parking, and restaurant operations. He noted his support for the vestibule, and suggested that this type of feature be included in future restaurant/bar proposals; and expressed his belief that the resolution adequately identifies parking requirements, but noted the need to correctly implement the parking requirements. He noted his concern with the potential of ultimately limiting the restaurant hours and increasing the bar/club hours and operations; and suggested that if there are concerns with the operations at the 6-month review, that the review period be extended for another 6 months. He expressed his belief that the internal noise has been adequately addressed and suggested that if the patrons create a nuisance when leaving this establishment, that the police increase their presence during those affected hours.
Commissioner Tucker advised that he had met with the applicants; noted his support for the 6-month review process; and suggested that the same conditions imposed upon the Pitcher House be applied to this business. He suggested that the parking area be well maintained and adequately lit.
Vice-Chairman Hoffman noted his concern that the bull riding activities will create a noise problem; addressed his concern with the potential of this restaurant ultimately operating more like a bar or club; and expressed his belief that the only way to mitigate the external noise is to limit the hours of operation. He stated that he would not support this proposal as currently presented, noting his hesitancy to approve this concept.
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE CUP 02-10/PDP 02-22 -- Conditional Use Permit and Precise Development Plan amendment to reconfigure an existing restaurant with on-sale general alcohol, live entertainment and outdoor dining at 1301 Manhattan Avenue, Einsteins. (This motion was ultimately amended; see page 6.)
In response to the Planning Commission's comments, Director Blumenfeld suggested that a Condition No. 19 be added, stating that live entertainment shall be limited to piano and acoustical music only.
With regard to further noise attenuation measures, Director Blumenfeld suggested incorporating the following additional conditions:
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an acoustical study shall be prepared by an acoustical engineer, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to assure compliance with the noise ordinance; said study and sound dampening features shall be reviewed and approved by the Community Development Director and shall be implemented inside the building;
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the acoustical study shall be based on a worst-case scenario or on a sound level that will not exceed, at any given time, the levels pursuant to the Hermosa Beach Municipal Code;
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management shall be responsible for the music and entertainment volume level;
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during the performance of any live entertainment, the exterior doors and windows shall remain closed; and
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the acoustical study shall be prepared biannually and shall be submitted to the Community Development Department for biannual review by the Planning Commission. Prior to any entertainment being conducted, an adequately sized air conditioning system shall be installed.
Vice-Chairman Hoffman expressed his concern with the external noise caused by the patrons leaving this establishment.
Commissioner Tucker addressed the need to minimize the noise nuisance from individuals outside of this and other establishments near residential areas and the need for proactive enforcement in making sure the nonamplified music does not migrate outdoors. He added that he would like to see a seating plan submitted to the Planning Commission for review.
Director Blumenfeld stated that any acoustical study submitted to the City must be prepared by a licensed acoustical engineer.
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE CUP 02-10/PDP 02-22 -- Conditional Use Permit and Precise Development Plan amendment to reconfigure an existing restaurant with on-sale general alcohol, live entertainment and outdoor dining at 1301 Manhattan Avenue, Einsteins and to include the following conditions: 1) an acoustical study shall be prepared by an acoustical engineer, including proposed sound dampening features to baffle and direct sound away from the entrance/exit and window areas to assure compliance with the noise ordinance; said study and sound dampening features shall be reviewed and approved by the Community Development Director and shall be implemented inside the building; a) the acoustical study shall be based on a worst-case scenario or on a sound level that will not exceed, at any given time, the levels pursuant to the Hermosa Beach Municipal Code; b) management shall be responsible for the music and entertainment volume level; c) during the performance of any live entertainment, the exterior doors and windows shall remain closed; and d) the acoustical study shall be prepared biannually and shall be submitted to the Community Development Department for biannual review by the Planning Commission. Prior to any entertainment being conducted, an adequately sized air conditioning system shall be installed. This motion carried as follows:
| AYES: | Kersenboom, Perrotti, Tucker |
| NOES: | Hoffman |
| ABSTAIN: | None |
| ABSENT: | Pizer |
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CUP 02-8 (PDF File) -- Conditional Use Permit amendment to allow on-sale general alcohol; non-amplified live entertainment; a take-out food service window; to add bar seating in the patio area and extended hours of operation in conjunction with an existing restaurant; and adoption of an Environmental Negative Declaration at 1100 The Strand, Scotty's (continued from November 19, 2002 meeting).
Staff Recommended Action: To deny said request.
Director Blumenfeld advised that the applicant is requesting to amend his existing CUP that is limited to beer and wine sales and to add full, general on-sale alcohol; and stated that the request includes the addition of live, nonamplified, acoustical entertainment (piano), a bar area, a modification to the floor plan for bar seating, a dance floor area, and a walk-up/take-out window - pointing out that no expansion of the building or increase in occupancy is being proposed. He noted the applicant's request to modify the hours of operation from 7:00 A.M. to 10:00 P.M. to 6:00 A.M. to 2:00 A.M. Director Blumenfeld commented on the similar uses within the Downtown area and stated that the proximity of the business to residential uses, at the end of Pier Plaza meant that there is increased potential for noise related conflict. He pointed out that no noise complaints have been specifically directed towards Scotty's. He addressed staff's concern that the proximity of the business to residential uses at the end of Pier Plaza may increase the potential for conflict between uses. Furthermore Director Blumenfeld explained that noise related to live entertainment could not be mitigated by closing doors and windows because there is no air handling system in the building and that there are large expanses of glass that are left open in the summer; and that for this reason, staff recommends including in the conditions that double-glazed windows and an air conditioning unit be added to this establishment if the project is approved. With regard to the proposed take-out window, he addressed staff's concern that locating the window at the northwest corner of the dining area would present a problem with respect to the Strand and would conflict with the adjacent pedestrian/bicycle traffic. He mentioned that customers may order take-out food from inside the restaurant.
Pete Mangurian, Hermosa Beach, clarified that his proposal does not include a request for a dance floor area; and advised that his establishment has received no complaints or violations in the past 12 years of operation.
Mr. Mangurian noted for Commissioner Perrotti that he plans on incorporating double-paned glass in the patio area.
Vice-Chairman Hoffman expressed, echoed by Commissioner Kersenboom, his concern that approval of the applicant's request for a 2:00 A.M. closing time and the sale of general alcohol will result in a change in operation, from a restaurant to a bar, and that the proposed changes will most likely result in complaints of noise and other nuisances.
Jim Lissner, Hermosa Beach, urged the City to be consistent in its decision making; and highlighted the owner's clean track record with this business.
There being no further public input, Vice-Chairman Hoffman closed the public hearing.
Director Blumenfeld noted for Commissioner Perrotti that if it is the owner's intent to install double-glazed windows and an air handling system this must be indicated on the plans; and added that the doors and windows must be closed during live entertainment performances.
Commissioner Tucker expressed his belief that extending the closing time to 2:00 A.M. will increase the potential for complaints; and stated that he would not be opposed to extending the hours to 12:00 midnight, but that he would be opposed to granting a general alcohol operation for this establishment so close to residential uses along the Strand.
Commissioner Perrotti expressed his concern that approval of this request could result in another bar or club operation at this site in the future if this business changes ownership; and noted his support for extending the hours of operation to 12:00 midnight.
Given the granting of a CUP for this site, Vice-Chairman Hoffman highlighted the need to anticipate the future operation at this site and expressed his belief that this request will create a change in use from a restaurant to a bar operation.
MOTION by Vice-Chairman Hoffman, seconded by Commissioner Kersenboom, to ADOPT staff recommendation to deny CUP 02-8 -- Conditional Use Permit amendment to allow on-sale general alcohol; non-amplified live entertainment; a take-out food service window; to add bar seating in the patio area and extended hours of operation in conjunction with an existing restaurant; adoption of an Environmental Negative Declaration at 1100 The Strand, Scotty's; and moved that this matter be returned to the Planning Commission for the modification of the existing CUP, extending the hours of operation to 12:00 midnight. The motion carried as follows:
| AYES: | Hoffman, Kersenboom, Perrotti, Tucker |
| NOES: | None |
| ABSTAIN: | None |
| ABSENT: | Pizer |
Vice-Chairman Hoffman recessed the meeting at 9:00 P.M. and reconvened the meeting at 9:07 P.M.
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GP 02-2/ZON 02-2 (PDF File) -- General Plan Amendment from General Commercial (GC) to Medium Density Residential (MD) and a Zone Change from General Commercial (C-3) to Two-Family Residential (R-2) or to such other designation/zone as deemed appropriate by the Planning Commission and adoption of an Environmental Negative Declaration at 726 10th Street.
Staff Recommended Action: To direct staff as deemed appropriate.
Director Blumenfeld advised that the project site is 4,860 square feet, a single-family residence constructed in the 1920's, and is located on the south side of 10th Street; noted that the lot is located at a depth of 155 to 200 feet from Pacific Coast Highway; and explained that 10th Street dead-ends from both the easterly and westerly directions and that a planted and curbed barrier sits directly in front of the property. He stated that the existing use is nonconforming in this C-3 zone and that it would be limited to a 50-percent maximum expansion. Director Blumenfeld mentioned that the older zoning and land use maps prior to 1965 show the commercial depth at 110 feet. He explained that the property directly to the south and behind this lot is zoned R-2 and is residentially developed; and that it is the applicant's desire to re-designate and rezone this lot to MD Residential and R-2, which would allow for exclusive residential use of the lot for a single-family home or a 2-unit development - pointing out that a 2-unit development would result in a density that is consistent with the surrounding residential densities and would be compatible with the surrounding pattern of development in the area. He advised that if the Planning Commission approves this request, it would preclude any future expansion of Pacific Coast Highway fronting commercial properties and would preclude separate use of this lot for commercial use. He mentioned that Exxon/Mobil has indicated no interest in incorporating this lot into its service station property; and he added that it is the City Council's direction to maintain the commercial depths along Pacific Coast Highway.
Director Blumenfeld advised that the applicant is proposing that this lot is unique because of the street barrier that sits in front of the lot and that commercial development of this L-shaped lot is extremely limited and not the best use for the primarily residential neighborhood. Further, he noted that the depth of the commercial zone is greater at the south side of 10th Street than the adjacent block to the south and the other streets between 8th and 10th Streets. He noted that the R.V. park use across the street is also inconsistent with the General Plan. Given that the zoning in this section of the Pacific Coast Highway corridor is C-3 rather than S.P.A, Director Blumenfeld stated that the lot has no other opportunity for new residential use other than the limited expansion allowable under the nonconforming ordinance. He stated that this property does have some unique conditions and that it may warrant some special consideration relative to the applicant's request.
Director Blumenfeld noted for Commissioner Perrotti that it might be possible to load the driveway on the westerly end of the lot and still not disturb the location of the barrier.
Vice-Chairman Hoffman opened the public hearing.
Gloria Kolesar, 714 10th Street, Hermosa Beach, applicant, made the following corrections in the report: that the R-3 designation and General Plan reference to her application should be amended to reflect R-2, Medium Density.
Director Blumenfeld advised that he concurs with the highlighted amendments.
Ms. Kolesar presented a videotape that addressed her request for the subject site and addressed the neighboring businesses and residential areas. Ms. Kolesar explained that her L-shaped property is much deeper than any of the other properties in a five-block area; and that the property has a medium density to the south, west and north, putting it deeper into a residential area. She confirmed that Exxon is not interested in purchasing this lot due to its odd configuration; and pointed out that condominiums and houses run down the entire length of this block. She expressed her belief that the 21-unit R.V. park across the street and the nearby church do not conform to the General Plan. She stated that this lot does not have the essentials to make it a good commercial property, such as adequate use, circulation and visibility. Ms. Kolesar explained that this property is considered a legal, nonconforming property; that because of the existing restrictions, approximately 250 square feet could be added to the original footprint and that this would not be a useful living space, and, therefore, creates no incentive to improve this property because of this restriction. Because of the setback requirements with an R-2 zone next to a commercial use, she expressed her belief that setback requirements would severely limit the frontage for commercial use. She added that she was not able to find in the City any stand-alone C-3 lots facing on a side street with residential uses on three sides; and mentioned that this property has a significant cul-de-sac as its frontage and does not lend itself to commercial use. She urged the Planning Commission to grant her request and allow the property to be used in the same manner as it has for the past 80 years. Ms. Kolesar stated that this site will create property tax revenue for the City; and she summarized the uniqueness of this site: cul-de-sac in the front of the property, property situated 150 to 200 feet from Pacific Coast Highway, barrier at the front of the property, and residential use all the way around on 3 sides.
Director Blumenfeld noted for Commissioner Tucker that the Public Works Department has not provided any input removal of the barrier; stated that the Public Works Department has replaced and improved similar type barriers within the City; and expressed his belief that, if necessary, this barricade could be relocated at the applicant's expense.
Commissioner Perrotti expressed his belief that this property is not that unique and that it could be adequately merged and developed with the gas station site - highlighting the increasing closures of gas stations upon merging with other gas companies.
Commissioner Kersenboom concurred with Commissioner Perrotti's comments; noted his reluctance to change the zoning; and stated that adding this lot to the commercial lot at the front just might accommodate a better use in the near future with the possible closure of the gas station.
Commissioner Tucker pointed out that a similar request across the street had been denied by the Planning Commission; and addressed the need to maintain the depth of the properties in the commercial corridor along Pacific Coast Highway - pointing out his hesitancy to lose that added square footage that will be needed for commercial development in the future.
Vice-Chairman Hoffman highlighted what he perceives is an incongruity between the zoning map and the general plan map; expressed his belief that if it this property is not merged with the current Exxon site, the only viable thing this lot could be used for would be if there was an intensification of use, for instance, on the Rocky Cola site, where they would want offsite parking; and noted that this scenario would not be acceptable.
MOTION by Commissioner Perrotti, seconded by Commissioner Tucker, to DENY GP 02-2/ZON 02-2 -- General Plan Amendment from General Commercial (GC) to Medium Density Residential (MD) and a Zone Change from General Commercial (C-3) to Two-Family Residential (R-2) or to such other designation/zone as deemed appropriate by the Planning Commission and adoption of an Environmental Negative Declaration at 726 10th Street. The motion carried as follows:
| AYES: | Kersenboom, Perrotti, Tucker |
| NOES: | Hoffman |
| ABSTAIN: | None |
| ABSENT: | Pizer |
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CON 02-16/PDP 02-20 (PDF File) -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 26664 for a two-unit condominium at 310 Monterey Boulevard.
Staff Recommended Action: To approve said request.
Director Blumenfeld advised that this is a request to develop two detached 3-level units containing basements with two stories above; noted that the units would contain four bedrooms each, including two bedrooms and a full bath in addition to the garages at the basement level; and advised that each unit would have a roof deck. He stated that the buildings are contemporarily designed; noted that the required parking is provided in the ground-level garages, with access both off Monterey Boulevard and Culper Court; and stated that entries to the units are located facing the street and facing the alley. Director Blumenfeld advised that there is one parking space for each unit in front of the garages on the alley and two on Monterey Boulevard; stated that the curb cut on Monterey Boulevard will cause a loss of on-street parking, but that this loss is compensated for with two guest parking spaces. He mentioned that this building complies with the zoning requirements and is consistent with the maximum allowable 30-foot height; advised that the roof plan does not show all the critical point information and, therefore, a new roof plan would have to be submitted. He stated that the lot coverage is slightly over the maximum permitted and that it will have to be adjusted to meet the 65-percent maximum allowable; and noted that sound attenuation measures will have to be provided if the buildings are not separated.
Director Blumenfeld noted for Vice-Chairman Hoffman that if there is no separation between the units, then the building will have to be reduced in size to conform to the 65-percent lot coverage regulation.
Director Blumenfeld explained for Commissioner Perrotti that if the units are separated, it will require 8 feet of clearance in between the units; that if they are not to be separated, then the buildings must connect and noise attenuation would be required between the two units.
Vice-Chairman Hoffman opened the public hearing.
Cheryl Vargo, representing the applicant, advised that this is a single structure with a continuous roof although the plan shows a building separation; and stated that each unit has its own wall, two walls abutting each other rather than a common wall - pointing out that this will provide an increase in noise attenuation. She stated that if the building code so requires, the gap would be eliminated. She stated that the driveway slope will meet code and added that there are several ways to achieve the reduction in the driveway slope and meet the height requirement. Ms. Vargo added that the lot coverage of the building will be adjusted to meet the 65-percent maximum; and stated that this adjustment will not create a significant alteration of the building or floor plan. Ms. Vargo mentioned that a couple neighbors who live in the condominium complex to the south have expressed concern with the property line wall that is shared between the two properties; and advised that she has assured these neighbors that the existing wall is on the neighbors' property, that the developer cannot alter that wall, and that anything the developer does has to be done on the applicant's property. She mentioned that she will contact these neighbors and make sure that if any changes need to be made, that it be done with these neighbors' concurrence.
Ms. Vargo, in response to Commissioner Tucker's concern with the integrity of the property line wall, explained that it is not likely the wall will be affected by these activities because of an 18-inch separation between the property line and their walls.
There being no further input, Vice-Chairman Hoffman closed the public hearing.
Commissioner Tucker stated that if the property line wall is damaged, that the applicant should repair the wall and put it back in better condition than it was prior to the damage.
Commissioner Perrotti requested that decorative paving be added to the driveway.
Director Blumenfeld stated that the decorative paving could be added to the conditions; and noted that since Ms. Vargo has clarified that the building is intended to be one structure, that the Planning Commission may want to strike Condition 1e; and suggested that a condition be added to include decorative driveway paving.
Vice-Chairman Hoffman noted his interest in revisiting the issue of installing three-quarters bath areas versus that of full baths; stated that in this particular case, he would prefer to see a full bath; and briefly commented on his disappointment in the loss of this original dwelling.
MOTION by Commissioner Tucker, seconded by Commissioner Perrotti, to APPROVE CON 02-16/PDP 02-20 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 26664 for a two-unit condominium at 310 Monterey Boulevard; moved to delete existing Condition 1e, replacing it with a condition for decorative paving on the driveway; and moved to permit the full bath in the garage level. The motion carried as follows:
| AYES: | Hoffman, Kersenboom, Perrotti, Tucker |
| NOES: | None |
| ABSTAIN: | None |
| ABSENT: | Pizer |
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CON 02-18 (PDF File) -- Conditional Use Permit amendment to an existing four-unit condominium to enclose existing second floor decks and add new decks on the third floor at 49 and 55 8th Street.
Staff Recommended Action: To approve said request.
Director Blumenfeld explained that this request is to enclose covered second-story decks on the rear units facing the alley; advised that enclosing the covered portion of the second-story decks would result in a 63-square-foot reduction of open space for each unit; and stated that the applicants are proposing to add additional deck areas on the third floors of each unit to offset the loss of open space by enclosing the covered decks on the second floors. He stated that the third-story decks would result in an additional 135 square feet of gross floor area for each unit. He explained that the project complies with all the zoning regulations, but that it may not comply with all the condominium ordinance regulations, unless there is an adequate STC rating attenuating the noise from the open space to the living space below. Director Blumenfeld recommended the following additions to the conditions of approval:
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- Submitted plans shall include a new roof plan and section drawings;
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- The project shall meet all condominium ordinance requirements, with a minimum floor-ceiling insulation rating between units at 58 STC, to be clearly noted on the plans; and
- Proof of concurrence by the condominium association regarding the proposed changes shall be submitted prior to the final building permit approval.
Vice-Chairman Hoffman opened the public hearing.
Brian Durham, 49 8th Street, applicant, explained that the existing second level decks are primarily over the units below; that the new third level decks will span the roof, not sit on the roof, and that they will be attached to the walls on either side of the decks; and that these new decks will encompass much of the same area that the decks currently cover on the neighbor's unit. He stated that elementary tests were successfully conducted to satisfy the neighbor's concern with noise. Mr. Durham mentioned that the second floor balconies are on the rear of the alley and are not useful nor used; and that they create a noisy condition due to their location. He added that the condominium association is in concurrence with this proposal.
Mr. Durham clarified for Commissioner Tucker that the main large deck areas on the front of the units are already over the neighbor's kitchen and dining areas; and that this proposal will simply add to that same deck area that is currently over the neighbor's dining room and will not encroach any new areas of his unit that aren't already encroached by the existing deck above. He added that the spa will be removed from the deck.
There being no further input, Vice-Chairman Hoffman closed the public hearing.
Commissioner Tucker requested that a letter of concurrence from the condominium association be provided to staff.
Highlighting a similar proposal for the property that the Planning Commission previously denied, Vice-Chairman Hoffman expressed his belief that this proposal is dissimilar due to the front having an open space feel.
MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE CON 02-18 -- Conditional Use Permit amendment to an existing four-unit condominium to enclose existing second floor decks and add new decks on the third floor at 49 and 55 8th Street; and to include 1a) submitted plans shall include a new roof plan and section drawings; 2a) the project shall meet all condominium ordinance requirements, with a minimum floor-ceiling insulation rating between units at 58 STC, to be clearly noted on the plans; 2b) proof of concurrence by the condominium association regarding the proposed changes shall be submitted prior to the final building permit approval. The motion carried as follows:
| AYES: | Hoffman, Kersenboom, Perrotti, Tucker |
| NOES: | None |
| ABSTAIN: | None |
| ABSENT: | Pizer |
