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Planning Commission Minutes March 16, 2004
THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
MARCH 16, 2004, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Chairman Kersenboom at 7:06 P.M.
Commissioner Allen led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Allen, Hoffman, Perrotti, Pizer, Chairman Kersenboom
Absent: None
Also Present: Sol Blumenfeld, Community Development Director
Ken Robertson, Senior Planner
Denise Bothe, Recording Secretary
ORAL/WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR
Commissioner Perrotti noted the following changes to the February 17, 2004 minutes.
Page 7, 7th paragraph, add the words "Commissioner Perrotti asked whether the ...of this lot." "Perrotti very mature..."
Page 8, 1st paragraph, second line, add the words "...this lot was quite a distance from PCH," and to delete the words "drops down in grade."
With regard to Item No. 13, Commissioner Perrotti asked that his comments be included in reference to Mr. Bradley's accusations; and to note it was his belief it was not an architectural projection.
MOTION by Vice-Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE the February 17, 2004, Minutes as amended. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
Resolution P.C. 04-6 to recommend a General Plan amendment from Commercial Corridor to Medium Density Residential and Zone Change from Specific Plan Area No. 7 (Commercial) to R-2 (Two-Family Residential) and adoption of an Environmental Negative Declaration for the property located at 710 2nd Street.
Resolution P.C. 04-9 approving a Precise Development Plan and Parking Plan for the construction of a 2,803 square foot retail commercial building, and to allow the payment of fees in-lieu of parking for five (5) required parking spaces at 238 Pier Avenue.
Director Blumenfeld explained that the applicant for Resolution P.C. 04-9, Precise Development Plan and Parking Plan at 238 Pier Avenue, was satisfied with the approval of his project, but that he was not satisfied that the project was based on payment of in-lieu parking fees; and advised that he has appealed the matter to City Council.
MOTION by Commissioner Hoffman, seconded by Vice-Chairman Perrotti, to APPROVE Resolution P.C. 04-6 to recommend a General Plan amendment from Commercial Corridor to Medium Density Residential and Zone Change from Specific Plan Area No. 7 (Commercial) to R-2 (Two-Family Residential) and adoption of an Environmental Negative Declaration for the property located at 710 2nd Street; and Resolution P.C. 04-9 approving a Precise Development Plan and Parking Plan for the construction of a 2,803-square-foot retail commercial building, and to allow the payment of fees in-lieu of parking for five (5) required parking spaces at 238 Pier Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
Chairman Kersenboom requested that Agenda Item No. 9, Review of Incident Reports for Pier Plaza and Downtown Area, be considered as the next order of business so that the police and fire personnel do not have to wait. No objection was noted.
(Item 9 was considered out of Agenda order.)
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Staff Recommended Action: To receive and file.
Director Blumenfeld noted that at the January meeting, the Planning Commission conducted its annual review of Downtown conditional use permits for those that require periodic reviews; advised that the Police Department provided a tally of the incident reports; stated that Police Chief Lavin expressed concern with the operations of some of the Downtown businesses due to the increasing number of reported police calls at or nearby these businesses; and that as a result of that memorandum from Chief Lavin, the Planning Commission felt compelled to review the matter with the Police and Fire Departments. As a result of conversations among City staff, the City Manager, the Police and Fire Departments, it has been decided that it would not be appropriate to conduct a review of the two businesses in question because there isn't enough evidence at this point to indicate that these two businesses are in violation of their conditional use permits; stated that staff is proposing to meet with some of the Downtown businesses to review the concerns, such as discussing operational issues, security; and that based on those discussions, to develop a mutual strategy to ensure area wide code enforcement rather than site specific code enforcement. Director Blumenfeld stated that staff is proposing that these meetings take place over the next few months; that the City Manager and staff will make arrangements to meet with the Downtown business owners/operators. He added that what might come from these meetings is the desire to add common area security activity. He suggested the code enforcement team may include members from various departments, such as Community Development, Fire Department, and the Police Department.
Police Chief Lavin introduced Lieutenant Lance Jacola and Sergeant Kevin Gabrielle, who have spent a great deal of time working Downtown for a number of years and who are familiar with the problems. He advised that the Police Department is experiencing a larger number of problems in the Downtown area and arresting an increasing number of individuals; stated that the Police Department has already begun to meet with some of the business owners/operators - such as Sangria and the Light House - to talk about some of the issues of concern; and that the business owners/operators have responded in a positive manner to these discussions.
Commissioner Hoffman noted the reason that this issue is being addressed is the Planning Commission received a letter from Police Chief Lavin asking that the Commission look at the conditional use permits of Sangria and the Light House; and questioned if Police Chief Lavin is comfortable with the new proposal to meet and confer with the business owners/operators and various City staff.
Police Chief Lavin noted for Commissioner Hoffman that he would like to meet with the businesses to address his concerns.
Commissioner Hoffman noted that at this point, this issue is out of the Planning Commission's hands and that the kind of policy the City is now proposing needs to be worked out with various City staff, Police and Fire Department personnel and the business owners/operators.
Vice-Chairman Perrotti questioned if the incident reports can better identify how or where an incident occurred.
Police Chief Lavin noted for Vice-Chairman Perrotti that the incidents are captured more accurately and that he had provided the Commission with an abbreviated report; and stated that the Department does have more complete reports relating to the incidents. He advised that the Police Department is starting to see a rowdier clientele frequenting the Downtown area, even gang members.
Commissioner Pizer questioned if the Police Department has taken into consideration the problems with liquor stores selling alcohol to people early in the morning.
Sergeant Kevin Gabrielle advised that there are three areas of concern with regard to the taverns themselves - over-crowding of an establishment, over-serving of alcohol, and serving under-aged people. He commented on the Foot Patrol members meeting with bar staff and security personnel to educate them on identifying false I.D.'s and to address other areas of concern; and stated that these businesses are encouraged to contact the Police Department if they need assistance in any area of concern. With regard to the liquor stores, he confirmed that the alcohol sales do pose some problems early in the morning throughout the City, noting that the level of intoxication goes up around the holidays. He advised that the Police Department is seeing an increase in more violence as far as serious incidents than has been experienced in the past; and stated that some of the officers have been injured. He stated that these issues are being discussed with the business owners/operators and that they are trying to work toward a solution; and stated that these meetings with the Foot Patrol will soon result in a report that will be presented to the City.
Vice-Chairman Perrotti commented on past plans to reduce the use of bottled liquor after a certain hour.
Responding to Vice-Chairman Perrotti's comment, Sergeant Gabrielle advised that approximately 3 to 4 years ago, he obtained the cooperation from 70 percent of the businesses to not serve bottles of alcohol after midnight, that they were serving alcohol in plastic cups; but advised that because this activity has fallen off, it is something that should be revisited during the discussions.
Fire Chief Russell Tingly provided a general overview of what the Fire Department does in response to the Pier Plaza and Downtown area; advised that there are basically two types of incidents that draw the Fire Department Downtown: one being occupant load issues and the other being paramedic response/support. With regard to occupant load issues, he noted that the Foot Patrol sometimes does contacts the Fire Department when there is a concern with a great number of people inside an establishment and that calls are also received from patrons who feel uncomfortable or unsafe inside an establishment. He commented on the considerable effort it takes to conduct the inspections of the establishments when there is a concern with over-crowding - highlighting the task of counting with clicker devices the number of patrons inside a business. He noted that the number of citations being written has increased from 1 to 2 per year up to a peak of 5 last year. He noted his support for staff to work with these businesses to come to a solution with the various concerns.
Fire Chief Tingly noted for Vice-Chairman Perrotti that the Fire Department has asked the businesses to use these counting clickers, but that the businesses are not required to count with this method. He stated that when there is an issue of over-crowding, both the Fire Department personnel and the doormen/security will compare patron counts; and stated that if the Department issues a citation, no less than 3 clicker counts would be compared.
Vice-Chairman Perrotti requested a status report on the code enforcement activity at the Pitcher House.
Director Blumenfeld noted for Vice-Chairman Perrotti that a Code Enforcement Officer visited this business establishment on Friday, February 17, 2004, from 10:00 P.M. to 1:00 A.M. advised that the Code Enforcement Officer found at the Pitcher House that there was a live band playing rock 'n roll; that the doors and windows were closed, as is required; that there was a security guard at the front door, which is also a requirement; that there was additional security personnel inside, which isn't a requirement; and stated that the Code Enforcement Officer did not notice any rowdy behavior or observe any noise outside the business establishment. Director Blumenfeld noted that the Code Enforcement Officer indicated that when the band was playing, if one was standing immediately adjacent to the north wall of the business to hear the music, it was audible, but not loud; that the music was also audible across the street at the parking lot immediately across from the establishment, but that it was only audible if there was no traffic on Pacific Coast Highway. Director Blumenfeld advised that when he has been out to this business establishment himself at those same hours, he found that there was not a significant amount of noise; and that there was some noise but not enough to make a determination that it was a violation of the noise ordinance. He added that the Police Department has also been out there from time to time, and that they have also indicated they have not observed noise problems with this establishment.
Director Blumenfeld highlighted Gary Kazanjian's letter that was distributed to the Planning Commission wherein Mr. Kazanjian, who is a business owner on upper Pier Avenue, complains that his business and some of the businesses outside of Pier Plaza have suffered some vandalism that he thought might be connected to some of the Downtown bar patrons; and he noted that Mr. Kazanjian was advised of this proposed area wide solution to meet with the business owners to seek a solution to these problems. He noted Mr. Kazanjian's intent to make it clear that upper Pier Plaza businesses are also experiencing problems.
Ron Newman, representing Sharkeys, requested that all sides of this issue be addressed; stated that the crime statistics for the South Bay area indicate that crime has decreased 38 percent in this area since 1995; and stated that this issue should be worked out among the homeowners, the Police and Fire Departments and that no business should be singled out by the City.
Chairman Kersenboom suggested that Mr. Newman work with the new task force.
Karla Merryman, Hermosa Beach Chamber of Commerce, noted her opposition to considering Agenda items out of order.
Director Blumenfeld explained that the Commission had determined that the matter is out of the jurisdiction of the Planning Commission; and that staff, the Police Department and the Fire Department and business owners/operators were seeking a solution to the concerns.
Vice-Chairman Perrotti questioned if there is in place or plan to have an alternate security force in the area.
Ms. Merryman noted for Vice-Chairman Perrotti that the Chamber has addressed the possibility of instituting a volunteer policing group.
David Cohen, 631 6th Street, stated that he has lived in Hermosa Beach for 7 years; explained that he has talked to several of the club owners about sponsoring a Citizen Club Owner Interaction Committee; and advised that it would be necessary to formulate detailed plans on the creation of this interim entity that would monitor the Plaza area, provide a security bubble on holidays, weekends. He explained that these people would act as monitors and would take on a decreased enforcement role but would be supervised by the Police Department. He advised that so far, the club owners have responded in a positive manner; and noted that legal issues still need to be worked out. He noted that the Committee would need to develop a plan, budget, guidelines, review the legal issues, address potential liabilities, identify the scope of duties and responsibilities, review insurance issues, etc.; and stated that he intends on studying similar and successful programs in other jurisdictions.
Director Blumenfeld stated that staff will go forward with these meetings involving the various groups; and that a report of the discussions and solutions will ultimately be presented to the Planning Commission and City Council.
Vice-Chairman Perrotti thanked the Police and Fire personnel for attending this evening's meeting and for providing the information; stated that he was involved with a lot of decisions when the Plaza area was first created with a certain vision in mind, but that the Plaza as it currently exists does not conform to that vision, which is unacceptable.
Michael Morretti, 845 Second Street, stated that since he last attended the Planning Commission meeting to address the noise coming from the Pitcher House, he has recorded 35 hours of audio and video taken from his house of the Pitcher House activities; and he urged the City to take action on the nuisance his family is experiencing.
Director Blumenfeld stated that the Code Enforcement Officer could once again go out to this site to monitor the situation; and that he will also visit the site once again if the Planning Commission so desires another check of the facility. He noted that staff has not yet been able to corroborate the noise complaint by the Morretti's.
Mr. Morretti stated that it has only been the last 2 weekends that a security guard has been on site.
MOTION by Commissioner Hoffman, seconded by Vice-Chairman Perrotti, to RECEIVE AND FILE C-36 -- Review of incident reports for Pier Plaza and downtown area.
Public Hearing(s)
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Staff Recommended Action: To approve said request.
Director Blumenfeld advised that this matter was continued from the last meeting because the applicant had made some last minute changes and that the Planning Commission did not have adequate time to review. He stated that the revised plans omitted a roof deck at the rear unit and added some additional deck space to the second story, but that that did not contribute to additional lot coverage. He advised that the project is fully compliant with the zoning requirements. He briefly reiterated the project proposal, such that the subject property is zoned R-3 and is designated high density in the General Plan; that the lot size is 3,993 square feet; and advised that the site could have potentially been developed with 3 units, but that the applicant is proposing a 2-unit condo project. He noted that the project consists of 2 attached units containing basements with 2 stories above; that each unit has 3 bedrooms and 3.5 baths; and that the building is designed in a Mediterranean style with sand stucco and stone veneer finishes, tile roof, wood trellises above the second story decks, and decorative wrought iron and precast baluster guardrails.
Chairman Kersenboom opened the public hearing.
Cheryl Vargo, representing the applicant
Ms. Vargo noted that this is a better plan being presented this evening; stated that one of the reasons for deleting the roof deck was to protect the privacy of the deck that's remaining and to create more usable open space adjacent to the living area; and noted her concurrence with the conditions of approval.
Vice-Chairman Perrotti stated that the items staff found deficient are listed in the resolution.
Commissioner Pizer stated that this is a nice project and that everything has been adequately addressed.
Ms. Vargo noted for Commissioner Hoffman that the doors in question are for the mechanical room adjacent to the unit.
There being no further input, Chairman Kersenboom closed the public hearing.
MOTION by Vice-Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE CON 04-3/PDP 04-4 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 060945 for a two-unit condominium at 1107 Manhattan Avenue, AKA 1106 Palm Drive. Motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
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Staff Recommended Action: To approve said request.
Senior Planner Robertson advised that this is a request for a detached two-unit condominium project; and noted that 7 of the 13 lots on this block have been recently developed with similar projects, none having larger than a 5-foot setback, which is consistent with this proposal. He advised that this project contains basements with two stories above; that Unit No. 2 contains a roof deck; that Unit No. 2 contains 4 bedrooms and 3.5 baths; and that the other unit contains 3 bedrooms and 2.5 baths. Senior Planner Robertson stated that the buildings are designed contemporarily with stucco and split-faced block finishes, vinyl windows, glass block and aluminum railing with glass panels; and stated that overall, the project complies with the zone requirements. He pointed out that staff has found three things that need modification: 1) the lot coverage is 65.5 percent; 2) the landscaping areas do not include any mature sized 36-inch box trees; and 3) the bottom floor in Unit No. 2, which contains a full bedroom, bath and utility room with plumbing connections, also includes an exterior access door leading directly to the bedroom at that level, which creates a potential for an illegal dwelling unit -- noting that staff is recommending a condition that the door be closed off.
Chairman Kersenboom opened the public hearing.
Cheryl Vargo, representing the applicant
Ms. Vargo stated that the requested modifications will be easily made.
There being no further input, Chairman Kersenboom closed the public hearing.
The Commission expressed its disappointment with the plain design of this plan.
Chairman Kersenboom reopened the public hearing in regard to this matter.
Ms. Vargo explained that this is a modern style of architecture and that at first glance, the plans do appear to be very plain; but stated that it will depend on the quality of windows used and the finish of the stucco. She indicated that this is designed to the applicant's taste and that the modern style does not equate to a cheap design.
Vice-Chairman Perrotti stated that he is not opposed to modern design, but that he would prefer to see more definition or detail in the plans; and pointed out that there are some very nice modern style homes in Hermosa Beach.
Commissioner Allen questioned what kind of finish is being proposed.
Senior Planner Robertson noted that the plans say "light texture finish," a sand finish; and that the plans do not specify the manufacture of windows.
Taking into consideration the Commission's comments, Ms. Vargo suggested that a condition be included that the applicant's representative work with staff to upgrade the exterior finishes and qualities; and pointed out that one does not typically see a huge amount of detail on conceptual plans.
The Commission addressed its opposition to developers building structures in a cheap and quick fashion.
Director Blumenfeld suggested that the Commission may wish to add a Condition 1A to address architectural treatment to the building, to work with staff, and to renumber the conditions accordingly.
Chairman Kersenboom closed the public hearing.
MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to APPROVE CON 04-4/PDP 04-5 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 060971 for a two-unit condominium at 233 Lyndon Street and 232 First Court; to modify the resolution so that 1A would direct staff to work with the architect on enhancing and revising the plans, and to renumber 1A, B, and C accordingly; and to bring back the resolution for review of the plans. Motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
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Staff Recommended Action: To approve said request.
Director Blumenfeld stated that the project complies with the Zone Code requirements and condominium ordinance; that it complies with the open space requirements; that it conforms to the height limit; advised that the project is slightly under lot coverage; noted that there is a curb cut for a driveway, but that there is no material affect on the amount of parking; and he advised that the project meets all the storage requirements per unit.
Chairman Kersenboom opened the public hearing.
Larry Peha, project architect
Mr. Peha advised that this project has a deeper than normal front setback; and that they have created a backyard from the rear unit.
Chairman Kersenboom closed the public hearing.
Commissioner Hoffman noted his appreciation that this project was attractive and exceeds all of the setback standards.
MOTION by Commissioner Hoffman, seconded by Vice-Chairman Perrotti, to APPROVE CON 04-5/PDP 04-6 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 060847 for a two-unit condominium at 619 10th Street. Motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
Hearing(s)
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TEXT 03-3 -- Referred for review and recommendation by the City Council of a Text Amendment regarding snack shop definition.
Staff Recommended Action: To consider and incorporate suggestions made by the City Council as deemed appropriate.
Director Blumenfeld explained that this matter was originally considered by the Planning Commission at its February 18, 2003, meeting, wherein the Commission approved the proposed definition for snack shop. He highlighted the various text changes that the Planning Commission had proposed, as noted in staff report; and noted that the Commission's proposed text change contained two parts: a definition to define snack shop and an amendment to parking requirements defining snack shop at a retail parking ratio. Director Blumenfeld explained that one criticism of the proposed text amendment was to preclude waiter/waitress table service. He noted that staff is looking for direction from the Commission.
Director Blumenfeld noted for Vice-Chairman Perrotti that this same text amendment was approved by the Planning Commission last year, but that it only recently was presented to City Council for approval; and stated that the main concern may be opposition to precluding waiter/waitress table service.
Chairman Kersenboom expressed his belief that if one brings in waiter/waitress table service into a snack shop, that it then becomes a restaurant.
Commissioner Hoffman stated that he concurs with Chairman Kersenboom's statement. He commented on a significant criterion that even if an establishment is serving coffee and cookies to a table, it creates a timeframe which impacts parking; and that this has to do with the operational nature of an establishment.
Vice-Chairman Perrotti stated that if someone were sitting at a table and ordered a soda, if that employee walked around the counter to deliver that soda or snack to the patron, he would not consider that waiter/waitress service.
Commissioner Hoffman noted his comfort with what the Commission has proposed in the original text and staff's recommendation. He noted that eliminating the prohibition/restriction to table service means that patrons are not just running in and out of the business, that they are sitting down and consuming the food on site and are therefore taking up parking.
Commissioner Pizer expressed his belief that waiter/waitress table service does identify a place as a restaurant. He noted that the City does not have a standard relative to gross floor area.
Director Blumenfeld highlighted staff's prior research regarding how restaurant businesses were defined relative to floor area, finding that there was a wide variation; and stated that it was too difficult to come up with one standard that would works for snack shops which vary significantly. He commented on the Commission's consideration of ultimately deciding not to define the foods, but to list snack items such as donuts, baked goods, ice cream, and cookies. Director Blumenfeld stated that if the Planning Commission is comfortable with the proposed definition listed in staff report, it can be submitted to Council in current form.
Director Blumenfeld noted for Vice-Chairman Perrotti that a deli without table service would not be considered a restaurant according to the proposed definition.
Commissioner Allen questioned if there is any difference in parking requirements if one has a table or does not have a table.
Responding to Commissioner Allen's inquiry, Director Blumenfeld stated that staff could suggest that the parking requirement be tied to the number of tables in an establishment; but noted that because businesses sometimes move their tables around, it would be difficult to track.
It was the consensus of the Planning Commission that staff draft a report for the next meeting; and that the Planning Commission review it prior to it going to City Council.
MOTION by Vice-Chairman Perrotti, seconded by Commissioner Pizer, that staff prepare a staff report for the Planning Commission's review at the next meeting based upon the existing definition. Motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: None
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Staff Items
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Memorandum regarding Subdivision Map Act - Reversion to Acreage. (PDF File).
Senior Planner Robertson stated that at the public hearing last month for a variance request on Hermosa Avenue to split a combined lot back into two original lots, the applicant's representative stated that the variance process could have been avoided if the City had an ordinance in place to implement the reversion to acreage provisions of the Map Act; advised that after staff consulted with the City Attorney, it was determined that the subject case did not involve a reversion to acreage, but was the opposite. He explained that a reversion occurs where a single lot is subdivided into multiple parcels and later the owner seeks to revert back to the single lot; in the case last month, he stated that the two lots were combined in 1981 to form a single lot and that reverting back would not be to acreage in that case; and that the variance was the only option to subdivide the lots back to their original condition. He advised that the City Attorney indicated that a City ordinance or special section in the Municipal Code is not necessary to implement the provision of the Map Act with respect to reverting to acreage if in the future a legitimate reversion request is received.
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Commissioner Items
Senior Planner Robertson noted for Commissioner Pizer that the General Plan Committee meeting is scheduled for March 23, 2004, 2:00 P.M., City Hall.
Vice-Chairman Perrotti reminded the Commission to turn in their 700 Forms, Conflict of Interest forms.
Commissioner Hoffman noted that anyone can obtain the interactive form online, from the state's website.
Director Blumenfeld noted for Commissioner Hoffman that the City Council directed staff to work with the Planning Commission on issues related to historical preservation in the City and related issues, such as financing mechanisms or incentives to encourage people to preserve older structures, to have their properties designated as historic landmarks, to look at the existing landmark resources in the City, etc.; and advised that staff is starting to pull together this information. He noted that a meeting is being scheduled this week with various staff members and interested parties to talk about some of the issues; and that the results of that meeting will be communicated to the Planning Commission's at its April meeting.
Commissioner Hoffman asked that the Historical Society be invited to participate in this venture.
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Adjournment
Vice-Chairman Perrotti moved to adjourn the meeting at 8:55 P.M.
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