Planning Commission Minutes February 18, 2003

MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON FEBRUARY 18, 2003, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS

The meeting was called to order by Chairman Pizer at 7:01 P.M.

Commissioner Tucker led the Pledge of Allegiance.

ROLL CALL

Present: Commissioners Hoffman, Kersenboom, Perrotti, Tucker, and Chairman Pizer
Absent: None
Also Present: Sol Blumenfeld, Community Development Director
Denise Bothe, Recording Secretary

ORAL/WRITTEN COMMUNICATIONS

None.

CONSENT CALENDAR

MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE the January 21, 2003, Minutes as submitted. The motion carried as follows:

AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None

With regard to Resolution No. 02-54, Director Blumenfeld advised that the project architect has requested that this matter be continued to the March Planning Commission meeting in order for the plans to be finalized.

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to CONTINUE consideration of Resolution P.C. 02-54 (PDF File), approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 26814 for a two-unit condominium project at 538-540 Manhattan Avenue (continued from January 21, 2003 meeting). The motion carried as follows:

AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: None

Public Hearings

  1. TEXT 03-2 -- Text amendment regarding chimney design and height for all residential projects (PDF File).

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

    Director Blumenfeld addressed the Planning Commission's consideration of this amendment at the previous meeting and highlighted the proposed following changes to the Zone Code related to chimney design and height:

    1. Define chimney assemblies to include the chase, flue, spark arrestor and chimney cap;
    2. Limit the bulk of listed chimney assemblies to 3 feet wide by 3 feet long for a single flue assembly, 3 feet wide by 5 feet long for a double flue assembly, and 3 feet wide by 7 feet long for a triple flue assembly;
    3. Limit the maximum height of the chimney assembly to 5 feet when located on a sloped roof section;
    4. Limit the maximum height of the chimney assembly to 4 feet in height when located on a flat roof section; and
    5. Prohibit non-listed chimney assemblies.

    With regard to the last page of the Resolution, "Residential Zones," Commissioner Perrotti suggested the following wording: "Residential structures with two or more stories may have chimneys..."

    Commissioner Tucker requested that the proposed text amendment be added to include conformance with the Uniform Mechanical Code.

    Chairman Pizer opened the public hearing. There being no input, the hearing was closed.

    Following brief discussion, it was the consensus of the Planning Commission to include in the text that the chimneys shall conform with all model codes that have been adopted by the City.

    MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE TEXT 03-2 -- Text amendment regarding chimney design and height for all residential projects -1) Define chimney assemblies to include the chase, flue, spark arrestor and chimney cap; 2) Limit the bulk of listed chimney assemblies to 3 feet wide by 3 feet long for a single flue assembly, 3 feet wide by 5 feet long for a double flue assembly, and 3 feet wide by 7 feet long for a triple flue assembly; 3) Limit the maximum height of the chimney assembly to 5 feet when located on a sloped roof section; 4) Limit the maximum height of the chimney assembly to 4 feet in height when located on a flat roof section; and 5) Prohibit non-listed chimney assemblies.
    Moved to reflect under Section L in Residential Zones, "Residential structures with two or more stories may have chimneys"; and moved to include wording that conformance will be governed by all model codes. Motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

  2. TEXT 03-4 -- Text amendment regarding standards to reduce sound attenuation requirements for condominiums other than stacked units (PDF File).

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

    Director Blumenfeld addressed the Planning Commission's consideration of this amendment at the previous meeting and highlighted the proposed following changes to the text regarding standards to reduce sound attenuation requirements for condominiums other than stacked units:

    Floor/ceiling assemblies between stacked dwelling units shall be 58 STC; in non-stacked dwelling units, the floor/ceiling assembly shall not be less than 54 STC; and to maintain a 52 STC rating for minimum wall insulation between units. These ratings shall be detailed on the approved plans and referenced on the section drawing

    Director Blumenfeld noted for Commissioner Tucker that almost all condominium projects in Hermosa Beach are non-stacked units.

    Chairman Pizer opened the public hearing. There being no input, the hearing was closed.

    Commissioner Tucker stated that he would prefer to see a requirement for a parallel stud wall system in condominiums rather than a staggered stud wall system.

    MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE TEXT 03-4 -- Text amendment regarding standards to reduce sound attenuation requirements for condominiums other than stacked units, to allow a 54 STC rating for non-stacked units; maintain a 52 STC rating for minimum wall insulation between units; and maintain a 58 STC rating for stacked units. The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

    Commissioner Tucker expressed his desire to place on a future agenda the issue of amending the Condominium Conversion Ordinance, addressing the replacement of carpeting with hardwood floors and the noise impacts that this creates.

  3. TEXT 03-6 -- Text amendment regarding garage entries and finished garage ceiling height (PDF File).

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

    Director Blumenfeld stated that the Planning Commission had decided at its last meeting that it would be advantageous to have a uniform 7-foot vertical clearance standard from the point of entry onto the driveway up to the finished surface of the garage and to the finished ceiling height; explained that future projects will have to be a bit more compressed to meet this standard; and noted that staff intends on taking the necessary steps to advise the applicants and builders of this change.

    Commissioner Perrotti suggested placing these changes on the City's website.

    Chairman Pizer opened the public hearing. There being no input, the hearing was closed.

    Commissioner Tucker suggested that this standard be measured with the door in the open position.

    Director Blumenfeld explained that no part of this pathway shall be less than 7 feet. With respect to Commissioner Tucker's suggestion, Director Blumenfeld stated that wording will need to be made to Section No. 2A, 2B, and the last line in No. 4, "with the door in the open position, 7 feet vertical clearance in the entryways and door openings to the ceiling, measured with the door in the open position."

    MOTION by Vice-Chairman Hoffman, seconded by Commissioner Kersenboom, to APPROVE TEXT 03-6 -- Text amendment regarding garage entries and finished garage ceiling height, to include 7 feet vertical clearance in the entryways and door openings to the ceiling, measured with the door in the open position." The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

  4. TEXT 03-5 -- Text amendment regarding limitations of open space coverage for trellis structures (PDF File).

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

    Director Blumenfeld advised that staff is suggesting the following definition for trellis: "Trellis means any framework or structure of crossed wood or other suitable building material used to cover open space for aesthetic or shading purposes. For the purposes of useable open space calculations, the open areas between the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development standards for each multi-family residential zone district." He added that a trellis may be allowed to cover an entire open area as long as the open areas between the trellis beams are equal to or exceeds the area required to remain open and uncovered; and stated that these apply to both single-family and multiple-family zones.

    Director Blumenfeld noted for Commissioner Tucker that the applicants will be provided forms which set out these new requirements for development standards. Chairman Pizer opened the public hearing. There being no input, the hearing was closed.

    MOTION by Commissioner Kersenboom, seconded by Vice-Chairman Hoffman, to APPROVE TEXT 03-5 -- Text amendment regarding limitations of open space coverage for trellis structures, that a trellis may be allowed to cover an entire open area as long as the open areas between the trellis beams are equal to or exceeds the area required to remain open and uncovered. The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

  5. TEXT 03-3 -- Text amendment regarding snack shop definition (PDF File).

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

    Director Blumenfeld explained that after further consideration and study, staff believes the suggestion to limit seating in snack shops to 10 would not be a workable solution and that it would be difficult for a snack shop business to adhere to this requirement and work within the 50 percent public-to-private area. Director Blumenfeld suggested the following text amendment:

    Prohibition of table (waiter/waitress) service;
    Limitation on the amount of seating;
    Limitation on the public service area relative to gross floor area.

    Director Blumenfeld highlighted the proposed amendment to the definition for snack shop: "Snack shop or snack bar means a retail establishment that is distinguished from a restaurant as it does not include waiter/waitress table service and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non-alcoholic beverages for consumption on the premises or for take-out; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea, and juices are considered snacks."

    Director Blumenfeld noted staff's suggested amendment for the parking section: "The parking requirements for a snack bar and or snack shop shall be the same as that for restaurant, unless it can be shown to the Planning Commission that the characteristics of the building, its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the Planning Commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210 Parking Plan." He explained that this amendment should give the Planning Commission more ground rules to make its determinations; and stated that in all cases, the owners would be compelled to come before the Planning Commission for approval relative to snack shop and the retail parking requirement. He added that the Planning Commission will be basing its determinations on a series of issues, such as limited floor to public area, limited seating capacity, location, and the size of the establishment.

    Director Blumenfeld stated for Chairman Pizer that in order to be considered a retail parking requirement, the applicant would have to have an approved parking plan; otherwise, the applicant's business facility would be considered a restaurant.
    Chairman Pizer opened the public hearing. There being no public input, the hearing was closed.

    MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE TEXT 03-3 -- Text amendment regarding snack shop definition as follows: "Snack shop or snack bar means a retail establishment that is distinguished from a restaurant as it does not include waiter/waitress table service and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non-alcoholic beverages for consumption on the premises or for take-out; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea, and juices are considered snacks." And to include the suggested amendment for the parking section: "The parking requirements for a snack bar and or snack shop shall be the same as that for restaurant, unless it can be shown to the Planning Commission that the characteristics of the building, its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the Planning Commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210 Parking Plan."
    The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

  6. TEXT 03-1 -- Text amendment regarding downtown parking requirements (continued from January 21, 2003 meeting) (PDF File).

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

    Director Blumenfeld stated that this text amendment would apply exclusively to the Downtown area; and explained that it is the City's intent to try and balance the Downtown parking requirements - highlighting the proposal to reduce the parking requirement for retail uses to 3 per 1,000 in order to encourage retail development. He explained that the retail development tends to have less parking demand in the evening as opposed to restaurant uses, which tend to have very high parking demands in the evening. Director Blumenfeld added that the parking requirements for restaurant use would remain at 10 per 1,000, except that the change of use provisions currently in place in the Zoning Ordinance would not allow for a credit of parking for projects of 5,000 square feet or less - pointing out that the intent here would be to discourage the conversion of retail restaurant space. Director Blumenfeld stated that the proposed text amendment for the special Downtown Parking District requirement provisions are reflected on Page 3 of staff report Items A through E (of record); and he added that a separate resolution would need approval to update the City's in-lieu parking requirement, which would be considered for adoption by the City Council. He pointed out that these changes will also need the approval of the Coastal Commission.

    Chairman Pizer opened the public hearing. There being no input, the hearing was closed.

    MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE TEXT 03-1 -- Text amendment regarding downtown parking requirements. The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

Hearing(s)

  1. VAR 00-4 -- Request for extension of a Variance to allow guest parking to be located behind tandem parking and to allow a portion of the side yard to count towards a portion of required open space at 2059 Monterey Boulevard (PDF File).

    Staff Recommended Action: To extend the expiration of the Variance by one year to March 20, 2004.

    Director Blumenfeld advised that the applicant is requesting an extension of the expiration date in connection with this application to March 20, 2004; and noted that the applicant has suffered some delays due to funding/financing and project design issues.

    MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE an extension to March 20, 2004, for VAR 00-4 -- Request for extension of a Variance to allow guest parking to be located behind tandem parking and to allow a portion of the side yard to count towards a portion of required open space at 2059 Monterey Boulevard. The motion carried as follows:

    AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
    NOES: None
    ABSTAIN: None
    ABSENT: None

  2. Staff Items

    1. Memorandum regarding request from Police Chief to review Conditional Use Permit for Dano's Beach Grill at 1320 Hermosa Avenue (PDF File).

      Director Blumenfeld advised the Hermosa Beach Police Chief is requesting that the Planning Commission review Conditional Use Permit No. 00-1, Resolution No. 00-24, which allowed the change from onsale alcohol at Dano's Beach Grill to onsale general alcohol; noted that the Police Chief's report documents his concerns relative to the existing operation at Dano's - pointing out that there are recurring disturbances and arrests at the restaurant. Director Blumenfeld stated that the Police Chief believes the CUP should be reviewed and staff is directed the matter be set for public hearing, to prepare a public notice, and that the applicant be advised of the proposed consideration of this matter. He indicated that discussion this evening should be limited to directing staff to set the matter for hearing.

      Commissioner Perrotti requested to have representatives present from the Police and Fire Departments when this matter is heard by the Planning Commission.

      Vice-Chairman Hoffman requested clarification of the language under Section 5, Item Nos. 4 and 6.

      Commissioner Tucker addressed his opposition to setting this matter for public hearing due to the business currently undergoing a change in ownership.

      Director Blumenfeld stated that if the business/property is transferred, the new owner can be made aware of the problem and take whatever corrective action is necessary.

      Commissioner Tucker expressed his preference to have the new owner advised of the necessary corrective actions; and noted his concern that setting this matter for public hearing may have a negative impact on the sale of the business.

      With the exception of Commissioner Tucker, the Planning Commission directed staff to notice this matter for public hearing and to publish a notice of the proceeding.

    2. Memorandum regarding garage parking required for all residential uses (PDF File).

      Director Blumenfeld stated that garage accommodations are included in every new project; and noted various garage and guest parking requirements that are in place for single-family and multiple-family dwellings. He advised that all parking must be located on the same lot and that this parking must be provided within 200 feet of the entrance of the dwelling units. Director Blumenfeld explained that staff believes eliminating possible options for providing required parking, or making the existing open parking non-conforming, that this may actually decrease the incentive of an owner to reconstruct their home - pointing out that sometimes, the garages are the major limiting factor in a homeowner deciding whether or not to upgrade their home due to the possibility of requiring a major reconfiguration of the property to comply with the requirements.

      Commissioner Perrotti noted his concern that the requirement would create a negative visual impact upon some of the non-conforming beach cottages/dwellings. He stated that these properties should be permitted to remain as is or remodeled without having to build two-car garages.

      Vice-Chairman Hoffman echoed Commissioner Perrotti's comments.

      Commissioner Tucker expressed his opinion that all new construction should include garages; and stated that at least one of the garages should be at least the minimum size of 8 feet 6 inches by 20 feet when an applicant is proposing a remodel over 50 percent.

      In response to Vice-Chairman Hoffman's inquiry regarding the purpose for this proposal, Commissioner Tucker expressed his belief that this requirement would create an increase in parking availability.

      Director Blumenfeld noted for Chairman Pizer that virtually all new buildings require garages.

      Commissioner Kersenboom expressed his belief that this requirement might create some problems with nonconformity and setback requirements.

      Vice-Chairman Hoffman expressed his belief that this is ultimately an aesthetic issue and that it does not solve the parking problem.

      Director Blumenfeld pointed out that the Planning Commission has discretionary approval for proposals involving garages.

      Commissioner Tucker requested that wording be included in the application to the applicants/builders indicating that if another garage can be built, that all steps be taken to accomplish that goal.

      With the exception of Commissioner Tucker, members of the Planning Commission noted their preference to leave the garage parking requirement as currently written. The majority vote carried as follows:

      AYES: Hoffman, Kersenboom, Perrotti, Pizer, Tucker
      NOES: Tucker
      ABSTAIN: None
      ABSENT: None

    3. Memorandum regarding pervious paving (PDF File).

      Director Blumenfeld addressed the option to consider adding a new development standard for pervious concrete paving material for driveways, parking lots and walkways; and stated that staff is seeking direction on 1 of 3 options to initiate in a text amendment which would allow amending the off-street parking and other development standards for paving driveways, parking lots and walkways - 1) that all these requirements would be uniformly affected by this proposed change; 2) to allow pervious concrete as a paving option, at the discretion of the Planning Commission or the owner (not a development standard); and 3) to allow a certain percentage of pervious concrete in each project for the proposed paving areas. He stated that this should apply to any discretionary project, whether commercial or residential.

      Director Blumenfeld commented on the Coastal Commission's requirement that any project in a coastal zone needs to comply with the Storm Water Management Plan requirements that have been established by the County. Director Blumenfeld stated that he would continue his attempts to obtain samples of this pervious material. He advised that the pervious material is durable and that it can be decorative in nature. He expressed his belief that the cost of this material is about the same as concrete.

      Commissioner Kersenboom questioned what happens once this material is saturated.

      Responding to Commissioner Kersenboom's inquiry, Director Blumenfeld explained that any excess run-off will naturally flow into the catch basins as if it were regular cement. Director Blumenfeld noted for Vice-Chairman Hoffman that there are several brands on the market to choose from.

      Chairman Pizer expressed his preference not to make a decision until the Planning Commission has been provided some samples.

      Director Blumenfeld explained for Commissioner Perrotti that the decorative paving requirement would continue for driveway approach. He stated that the Coastal Commission has not yet determined a standard for percolation into the soil.

      Chairman Pizer noted his support to allow pervious concrete as a paving option; and suggested that as things go along, the Planning Commission and staff can get more familiar with the material and its durability.

      Commissioner Kersenboom echoed Chairman Pizer's comments.

      Commissioner Tucker suggested that the City also look into this material for some of its facilities.

      There was consensus among the Planning Commission to allow the use of pervious concrete. With regard to the current development standards, the Commission directed staff to prepare a text amendment to allow for this material to be used.

  3. Commissioner Items

    Commissioner Perrotti requested that the following topics be added to the upcoming Joint City Council/Planning Commission meeting: question as to whether the City Council is changing its direction on zoning issues; what progress, if any, has there been on the mixed use study that the Planning Commission forwarded to City Council; and an issue concerning mixed live-work unit. He questioned the Variance expiration date for the Pavilion.

    Director Blumenfeld advised that the first permit for Pavilion's expires in September 2003; and stated that he will draft a memorandum to City Council to indicate the Planning Commission's interest in discussing mixed use issues.

    Commissioner Tucker stated that he was saddened by the recent passing of Community Development Consultant Bob Goldin who was tragically killed in an automobile accident; and he requested that the meeting be adjourned in his memory.

    Director Blumenfeld explained that Bob Goldin worked with the City for two years as a consultant; stated that he was extremely valuable to the department and the City; that he worked on many of the City's specialized projects; and he indicated that he will be sorely missed. He added that the memorial service is scheduled for this Saturday.

  4. Adjournment

    MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, for adjournment at 8:50 P.M. No objection was noted.