Planning Commission Minutes May 17, 2004

MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
MAY 17, 2004, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

The meeting was called to order by Chairman Kersenboom at 7:07 P.M.

Commissioner Allen led the Pledge of Allegiance.

ROLL CALL

Present: Commissioners Allen, Perrotti, Chairman Kersenboom
Absent: Hoffman, Pizer
Also Present: Sol Blumenfeld, Community Development Director
Scott Lunceford, Associate Planner
Denise Bothe, Recording Secretary

ORAL/WRITTEN COMMUNICATIONS

None.

Consent Calendar

  1. Approval of Approval of April 20, 2004 minutes.

    With regard to the April 20, 2004 Minutes, Commissioner Allen noted a correction for Mr. Kenard's address on Page1,

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Allen, to APPROVE the April 20, 2004 Minutes as amended. The motion carried as follows:

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

  2. Resolution(s) for consideration

    None.

Public Hearing(s)

  1. CUP 04-1 -- Conditional Use Permit to allow on-sale beer and wine in conjunction with a restaurant at 1121 Aviation Boulevard. (PDF File).

    Staff Recommended Action: To direct staff as deemed appropriate.

    Director Blumenfeld advised that this is a request to allow beer and wine sales in conjunction with a restaurant use; noted that this restaurant is occupying a space that was approved as a restaurant use in 1987; and stated that the most recent use of this space was for a Brazilian restaurant and a takeout/delivery food service as part of that operation. He advised that the shopping center currently includes two other restaurants that serve beer and wine: Suzy's and Akbar. He advised that the continuation of the existing use as a restaurant with on-sale beer and wine does not impact the parking requirements for the use; explained that because the business is located in a shopping center, the parking is regulated under the consolidated parking requirements, which allows the combined uses to be parked at a ratio of 1 per 250 square feet; and advised that this project falls within the allowable parking ratio. Director Blumenfeld advised that the applicant is requesting on-sale beer and wine in conjunction with the proposed sushi restaurant; stated that there are some interior modifications that are reflected on the project plans, basically involving modernizing and placement of new fixtures for the new ADA compliant restrooms; and noted that the applicant still needs to provide a code complying seating plan. Director Blumenfeld noted that the proposed hours of operation are from 7:00 A.M. to 10:00 P.M., Monday through Thursday, and to 11:00 P.M. on Fridays and Saturdays. He pointed out that within this center, there are some other uses that operate until 1:00 A.M. on the weekends. He explained that because Lien's Place had converted from a restaurant to a dance and music studio, this request will result in no net increase in beer and wine licenses in this center.

    Addressing Commissioner Allen's inquiry, Director Blumenfeld stated that the conditional use permit runs with the land.

    Chairman Kersenboom opened the public hearing.

    Jan Korel, San Pedro, stated that the applicant's lease contract agreement states that there is a limitation that no similar restaurant may open in this shopping center.

    Mr. Korel noted for Commissioner Allen that the applicant is currently paying for the lease on this property; that the lease is a 5-year lease, with an option for an additional 5 years; advised that the lease was signed in February 2004; stated that the Brazilian restaurant closed last year; and noted that this is the applicant's only restaurant.

    Mr. Korel noted for Chairman Kersenboom that this is basically a sushi restaurant with beer and sake.

    There being no further input, Chairman Kersenboom closed the public hearing.

    Vice-Chairman Perrotti recommended that the resolution include a provision for a 6-month review following the opening of the business.

    Commissioner Allen commented on the concerns with parking and alcohol sales in Hermosa Beach; and expressed his belief that this applicant has not adequately presented his case, with respect to submitted plans, and a menu.

    Chairman Kersenboom noted his belief that the applicant is starting his business and commented on the length of time it takes to go through the entire process; and pointed out that the applicant will need to comply with the City's codes for the seating plan. He expressed his belief that having a sushi bar on the east side of Hermosa Beach is a good idea; and that he believes the sale of beer and sake is routine for a sushi restaurant -- pointing out that the previous use of this property had a beer and wine permit.

    MOTION by Vice-Chairman Perrotti, seconded by Chairman Kersenboom, to APPROVE CUP 04-1 -- Conditional Use Permit to allow on-sale beer and wine in conjunction with a restaurant at 1121 Aviation Boulevard and to add Condition No. 10, that once the business opens, that a 6-month review be conducted. The motion carried as follows:

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

  2. CON 04-9/PDP 04-10 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061109 for a two-unit condominium at 970 6th Street. (PDF File).

    Staff Recommended Action: To approve said request.

    Director Blumenfeld advised that this request consists of two separate two-story buildings with basements below the living units; stated that the front unit contains 4 bedrooms, an office, 3 full bathrooms and 2 half bathrooms; that the rear unit contains 5 bedrooms, an office, 3 full bathrooms and 1 half bathroom; and noted that the buildings are designed in a Mediterranean style. He stated that the revised plans are still missing some design detail that is typically required by the Commission; and that staff would recommend that the building elevations incorporate additional detail if this project is approved. He noted that the required parking is provided in the two-car garages, with one guest parking stall that is in the front driveway adjacent to a garage unit, for a total of 3 guest parking spaces; and advised that there is no loss of on-street parking. He explained that staff believes the one tandem parking spot located closest to the garage should be relocated to make guest parking more practical -- noting that the guest would have to back up 100 feet out of the guest stall to the street. He stated that the guest stall could be relocated, or that the driveway extended and the garage shortened to 20 feet, making it possible to hammerhead a turn out of that guest parking space and then drive forward rather than backing out to the street. He noted that this project complies with all zoning requirements; and stated that the proposed lot coverage is well below the 65 percent maximum.

    Vice-Chairman Perrotti questioned if the pine tree could be saved.

    Chairman Kersenboom opened the public hearing.

    Charles Gee, Knoxville, Tennessee, advised that he has owned this property for 30 years; stated that he copied his next door neighbor's plan for the same project that was previously approved and built; and stated that he would increase the architectural treatments to the elevations.

    Vice-Chairman Perrotti noted his opposition to the guest tandem parking space at the back; and noted his belief that the parking space could be moved parallel to the garage rather than in front of the garage.

    Director Blumenfeld noted that the grade is built up at one point of the driveway to accommodate the basement qualification of the building and that the project architect would have to sort out the grade issue - highlighting his belief that relocating the guest parking could be done; and stated that one potential solution is to extend the driveway a little farther to the back of the garage area and shortening the garage or extending it to the west.

    Bob Garstein, Torrance, expressed his belief that he and staff can come up with an acceptable solution to the guest parking stall.

    Commissioner Allen noted his support for additional detail on the elevations and expressed his belief that the applicant and staff can work out the details.

    Vice-Chairman Perrotti noted his concern that this guest parking space would inconvenience the occupants of Unit B; and asked that the revised plans be resubmitted to the Planning Commission at its next meeting.

    There being no further input, Chairman Kersenboom closed the public hearing.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Allen, to APPROVE CON 04-9/PDP 04-10 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061109 for a two-unit condominium at 970 6th Street; that the guest parking space be moved; and that the revised plans be resubmitted to the Planning Commission at the next meeting;. The motion carried as follows:

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

  3. CON 04-10/PDP 04-11 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 060935 for a two-unit condominium at 634 7th Street. (PDF File).

    Staff Recommended Action: To approve said request.

    Associate Planner Lunceford advised that the project consists of two attached units containing basements with two stories above; stated that each unit has 4 bedrooms and 3 one-quarter bathrooms; that the building is designed in a Mediterranean style; noted that the project complies with all zoning requirements; advised that all required yard setbacks are provided, including a 9.3-foot front yard setback instead of the required 5 feet; but pointed out that staff has determined the prevailing front yard setback in the neighborhood is 10 feet on average; and noted that there have been a couple other condominium projects on the southerly side of the block that have been approved with 10-foot setbacks. He noted that it is staff's belief that the building should be constructed with the prevailing front yard setback of 10 feet. Associate Planner Lunceford stated that both units have ample open space and storage areas; advised that each garage is accessed by a common driveway with a centrally located turn-around area; and that the required parking is provided in the two-car garages with a guest space provided at the end of the driveway. He stated that the curb cut for the driveway replaces an existing larger curb cut in a different location and that it does not result in the loss of any on-street parking; and noted that the landscaping plan does not reflect any use of 36-inch box trees, but stated that this can be resolved as a condition of approval.

    Chairman Kersenboom opened the public hearing.

    Larry Peha, Hermosa Beach, advised that this project is designed at 61 percent lot coverage versus the maximum allowable of 65 percent; noted that the side yard setbacks are 5 feet and 6.7 feet, which is larger than the requirement; stated that the front yard setback is 9.5 feet; and pointed out that there are two sets of condominiums across the street that do not have 10-foot front yard setbacks.

    Vice-Chairman Perrotti asked that an earnest attempt be made to save the two queen palm trees currently on site.

    Mr. Peha noted that an attempt will be made to relocate/save the palm trees.

    Scott Frantz, Hermosa Beach, noted his support to maintain a 10-foot front yard setback, which has already been established on this side of the street; noted his preference for a longer notification process; and questioned the viability of undergrounding the utilities at this point in time.

    Michael Bailey, Hermosa Beach, noted his support for the 10-foot front yard setback and asked that undergrounding of the utilities be considered at this time.

    Director Blumenfeld suggested that the speakers put together a petition of those living on this block and that their request be forwarded to the City Manager's Office. He explained that the undergrounding of the utilities is not under the purview of the Planning Commission.

    Richard Tuey, Hermosa Beach, expressed his belief that the utility pole will have to be relocated because it's sitting on the driveway where the wall will be coming down; and noted his concern with the disruption in power service during the construction phase. He questioned the process for protecting his property during the construction phase. He addressed a drainage pipe that comes out of the common wall and into his yard.

    Director Blumenfeld noted his understanding that the power pole will not be moved and that service will not be interrupted; advised that the Building Code contains provisions to protect a neighboring property against construction damage; and noted that he will provide additional information to Mr. Tuey in regard to the protection of his property.

    Lois Tuey, Hermosa Beach, stated that the drainage pipe enters through the wall and goes down underneath her backyard.

    John Cramliss, Hermosa Beach, questioned what will be the finished height of this project and how will it compare to adjacent projects on the east and west.

    Associate Planner Lunceford noted that the finished height will be 30 feet, which is in compliance with code, and stated that it will be similar to other projects that exist in this area.

    With regard to the issue of the drain pipe, Mr. Peha noted that the pipe at the back of the lot is reflected on the survey; explained that there will be no draining onto the neighboring properties; and advised that there is adequate space to move the building back to accommodate a 10-foot front yard setback.

    There being no further input, Chairman Kersenboom closed the public hearing.

    Vice-Chairman Perrotti noted his support for a 10-foot front yard setback; and reiterated his desire that the applicant attempt to save the palm trees.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Allen, to APPROVE CON 04-10/PDP 04-11 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 060935 for a two-unit condominium at 634 7th Street and to modify paragraph 4b, that the applicant make an effort to save the two palm trees. The motion carried as follows:

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

Hearing(s)

  1. CON 02-16/PDP 02-20 -- Request for extension of a Conditional Use Permit and Precise Development Plan for a unit condominium at 310 Monterey Boulevard. (PDF File).

    Staff Recommended Action: To extend the expiration date by one year to June 4, 2005.

    Associate Planner Lunceford advised that the applicant is seeking an extension in order to allow more time to obtain the building permit.

    By way of Minute Order, the Planning Commission approved CON 02-16/PDP 02-20 -- Request for extension of a Conditional Use Permit and Precise Development Plan for a unit condominium at 310 Monterey Boulevard.

  2. Staff Items

    1. Memorandum regarding annual review of Fiscal Year 2004-2005 Capital Improvement Program (CIP) for conformance with the City's General Plan. (PDF File).

      Director Blumenfeld stated that annually, the Planning Commission is required to review the City's Capital Improvement Program (CIP) for conformance with the City's General Plan; and explained that it is in conformance with goals, policies and objectives relative to improving street sidewalks, public facilities and infrastructure in the City. He noted that the Commission had received a copy of this CIP; and stated that the projects are directly identified in the goals and policies of the City's General Plan. He noted that the recommendation will be forwarded to the Public Works Department.

      By way of Minute Order, the Planning Commission noted its belief that the Fiscal Year 2004-2005 CIP is in conformance with the City's General Plan.

    2. Letters of appreciation.

      Director Blumenfeld stated that staff is recommending approval to send letters of appreciation to those individuals who made presentations at the first General Plan workshop, as recommended by the General Plan Update Subcommittee. He noted that the three letters will be sent to Julie Oakes, Dean Nota, and Kevin Cody in appreciation of their participation.

      By way of Minute Order, the Planning Commission noted its support to send the letters of appreciation.

  3. Commissioner Items

    None.

  4. Adjournment

    The meeting was formally adjourned at 8:24 P.M.