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MINUTES OF THE PLANNING COMMISSION MEETING
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| Present: | Hoffman, Kersenboom, Perrotti, Pizer, Chairman Allen |
| Absent: | None |
| Also Present: |
Sol Blumenfeld, Community Development Director Kent Robertson, Senior Planner |
Director Blumenfeld explained that Item No. 10, TEXT 06-5 -- Text amendment regarding City Yard and Civic Center rezoning, was incorrectly noticed as a public hearing item; and advised that it is currently a special study and requires no action on an ordinance.
Oral / Written Communications
Kathryn Logan-Brown, business co-owner, stated she owns and operates a furniture store on Hermosa Avenue called Waterfront Furnishings; and advised that the next door business, The Shore, is creating a negative impact upon the operations of her business, noting that it has become a full sports bar instead of a restaurant. She stated that for the past 3 months, the noise, rowdiness, public drunkenness, profanity, public urination, etc., is driving away her customers.
Don Logan, business co-owner, explained that The Shore’s business operations have become unbearable for their furniture business next door; expressed his belief this is a full-fledged bar/sports bar and that it is in violation of its CUP; and he invited the Commission to experience this environment for themselves.
Jim Lissner, resident, asked when The Shore will be coming back for CUP review before the Commission.
Director Blumenfeld explained that all restaurants/bars that have CUP’s will be up for Commission review in January; and that with regard to the proposed mezzanine for this business, that issue will be coming before Commission in April ‘07.
Mr. Lissner suggested that all restaurants/bars in this City have a closing of midnight, making it fair across the board.
Consent Calendar
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Approval of October 17, 2006 and November 21, 2006 Minutes.
MOTION by Commissioner Perrotti, seconded by Vice-Chairman Kersenboom, toAPPROVEthe October 17, 2006 and November 21, 2006, Minutes as presented. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None -
Resolution(s) for consideration
None.
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Staff Recommended Action: To direct staff as deemed appropriate.
Director Blumenfeld advised that this business is currently in escrow, with the new owner having submitted a request to continue this matter to the next Commission meeting in order to better prepare their presentation to the Planning Commission. He noted this matter was continued from the November meeting due to a noticing error.
Commissioner Perrotti noted his support to continue this matter because the last request for a continuance on this matter was made by staff. The Commission concurred.
Chairman Allen opened the public hearing.
Lee Grant, resident, stated that the vision for upper Pier Avenue is to be more inviting and community/family-oriented and expressed his belief this club isn’t the kind of business that should be located in this community.
Harry Fost, Manhattan Beach, stated he is a Mira Costa High School parent; advised that the school’s band recently played music at this club, with adults and families enjoying themselves; and noted his support for the club, believing this business serves its community well.
Greg Robinet, Manhattan Beach, noted his support for allowing the club to stay open and operate as requested; and expressed his belief the owner of this business supports events in this city.
Mr. Fost noted for Commissioner Perrotti that the high school music event at Club 705 went from approximately 7:00 P.M. to 9:30 P.M.
Karen Bruns, resident, stated she lives across the street and that she is being negatively impacted by this business’ operations from 9:30 P.M. to 3:00 A.M.; noted that the customers leaving and arriving are very loud during all hours of the night and early morning hours, that the customers are speeding away from this site with their radios blasting and that there is public urination; and she noted her opposition to allowing these problems to continue.
Patty Eggerer, resident, noted her opposition to this type of business and the nuisances it brings to the residents living nearby; and she stated that revocation is necessary because the owner has not taken responsibility for the nuisances. She stated they are in violation of state and municipal codes by converting their business into a bar and questioned why they have not been shut down until this matter is straightened out.
Clarence Carter, resident, stated he shares the concerns of the previous speakers to have a friendly and family-oriented community, but he noted the need for the residents to peacefully co-exist with those residents who are single and who seek entertainment businesses in their own community.
Ron Miller, resident, stated that he lives close to this establishment; noted that police squad cars are at this business from midnight to 1:00 A.M.; advised that the people using the parking garage also create a noise nuisance; and he asked for some relief from these problems, pointing out that he is not necessarily in favor of closing down the business. He mentioned that this business is being advertised on the internet as an events business. He noted his concern with its close proximity to a school and stated that this business had large crowds that were spilling out onto the streets on Halloween.
There being no further input, Chairman Allen closed the public hearing.
MOTION by Commissioner Perrotti, seconded by Vice-Chairman Kersenboom, to CONTINUE to January 16, 2007, CUP 01-1 -- Modification or Revocation of the Conditional Use Permit for on-sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None -
Staff Recommended Action: To approve said request.
Senior Planner Robertson advised that the Commission took two actions at the October 17th meeting related to this request: that the Planning Commission denied the applicant’s request at that time to change the zoning standards of the SPA-5 zone to increase the lot coverage on this property to 65 percent; and that with respect to the requested text amendment, the applicant has since filled an appeal of the Commission’s decision, which will be considered by City Council in January 2007. He stated that at that meeting, the Planning Commission continued the hearing related to the actual 8-unit condominium project; and advised that the applicant has submitted revised plans to address those issues raised by the Commission as well as to provide a project that meets the 35-percent lot coverage standard. He advised that the applicant has reduced the lot coverage to 34.98 percent as opposed to the 61 percent previously proposed; and stated that each two-story dwelling unit is much smaller, that they include a basement and are approximately 2,000 square feet each. He advised that all 8 required guest parking spaces with adequate turning areas are being provided; and noted that the turning radius being proposed is 23 feet as opposed to the required driveway standard of 25 feet. He explained that staff has discussed the issue of the reduced driveway standard with the project architect; and that what the applicant is trying to do here is use the standard for alleyways, which staff believes the Commission can approve here as an alternative; and mentioned that this also has the added benefit of creating more open space in the central courtyard or common open space. With regard to the common open space, he noted there will now be 1,800 square feet of open space as opposed to 1,600 square feet; and stated that this project complies with the maximum height limit of 30 feet, all proposed yards and setbacks are provided, parking and guest parking has been met, that most private open space has been met, meets the requirements of the Condominium Ordinance with respect to storage areas for each unit, and landscaping. He stated that each unit has a 2-car garage, noting there is a total of 24 parking spaces for this project. He explained that open space for Unit Nos. 6 and 7 are slightly deficient and that he believes this can be corrected with conditions of approval.
Commissioner Perrotti noted he had discussed this project proposal with the applicant.
Vice-Chairman Kersenboom and Commissioner Hoffman stated they also discussed this project proposal with the applicant.
Chairman Allen opened the public hearing.
Brad Scott, President of Urban Point Development and also a resident of Hermosa Beach, walked the Commission through a slide presentation of the revised project proposal; highlighted some of the project’s design, such as the units being staggered to create some dimension and separation, provision of a large center courtyard, outdoor decks/patios, and two-car attached garages. He explained that the utilization of the alleyway turning radius standard is appropriate in this case to provide adequate space to easily maneuver as well as provide more open space and a wider driveway; stated that there is a lot of landscaping throughout the center courtyard and that he believes it will be used by the residents; and he stated the open space is more than adequate. With regard to Unit Nos. 6 and 7, he explained that the patios in these areas had to be notched out for the staircase installation, reducing the patio by 3 feet in depth; but he explained that the units do have 200 square feet on these decks and that there is over 400 square feet of private open space per unit. He stated that because this deck has this area with only 5 feet deep instead of 7 feet deep, it is nonconforming; explained that they investigated several solutions to this problem, but found that it would create other less desirable challenges and would create an inferior result; and he asked that this condition be permitted as is.
Larry Peha, project architect, commented on the revised plans for this project; stated that the Commission has in the past approved small deficiencies with open space when an alternate option creates an inferior result; and he asked that this plan remain as presented. He stated that using the alleyway turning radius standard created a number of advantages for the project, noting there is a 15-foot wide driveway as opposed to the minimum required 9-foot driveway.
There being no further input, Chairman Allen closed the public hearing.
Commissioner Pizer noted his support for the applicant’s proposal as presented.
Commissioner Hoffman pointed out that the changes made necessarily didn’t make this a better project nor one that addressed the neighbors’ concerns with setbacks and height; and stated that while this project is in conformance with the standards, he does not believe the reduced lot coverage enhanced the situation for this property. He mentioned that the alley standard is a benefit for the neighbors because it moves these units a bit farther away from the setback area.
Vice-Chairman Kersenboom noted his belief the extra 18 square feet of open space works for this project.
Commissioner Perrotti expressed his belief this is a better situation than the prior project, believing that proposal was over dense for this neighborhood and that he believes the 35-percent lot coverage is still the best thing for this property. He noted his support for this proposal, believing the 18 square feet is not an issue of concern and that he believes this proposal is more acceptable to the neighbors.
Chairman Allen concurred with the Commission’s comments in support of this project.
MOTION by Vice-Chairman Kersenboom, seconded by Commissioner Perrotti, to APPROVE CON 06-11/PDP 06-10 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map No. 67594 for an eight-unit residential condominium development and adoption of an Environmental Negative Declaration at 731,737 and 739 21st Street as presented. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None -
Staff Recommended Action: To direct staff as deemed appropriate.
Director Blumenfeld advised that the Dragon CUP was approved in 2003, an amendment to an existing CUP for interior and exterior alterations to an existing restaurant with on-sale alcohol and live entertainment; stated that Condition No. 6 provides that no live entertainment or amplified music or audio television speakers of any kind shall be permitted in the outside seating area; pointed out that this condition is more restrictive than the Municipal Code Noise Ordinance which prohibits outdoor speakers plainly audible on the adjacent right of way and is more restrictive than the outdoor encroachment regulations which currently allow televisions in the area. He stated the issue for the Commission is whether to change the CUP to make it consistent with the encroachment regulations as requested by the applicant to allow televisions with no audio in the outdoor patio area. Staff has provided a list of businesses that have televisions and have entertainment permits and advised that a summary of this information is on Page 2 in staff report, noting that Mediterraneo and Dragon were the two businesses that are prohibited from adding outdoor televisions; and that the other businesses have no restrictions in their CUP’s and are allowed to have televisions under the encroachment regulations.
Commissioner Perrotti noted that the Dragon has been cited for violations on several occasions and questioned the current status of violations.
Director Blumenfeld indicated that televisions are in place, which is a violation of the CUP, but noted that the televisions have been turned off at this time until this issue is resolved.
Chairman Allen opened the public hearing.
Jeff Ballandi, applicant, stated that the televisions were installed three months after he opened for business because he didn’t have the budget to purchase them when he opened; and noted that in March 2006, he discovered he was in violation of his CUP, but noted that because of Council’s action on the encroachment regulations, those televisions have been operating now since May 2006. He advised that he has never signed a citation for noise violations and believes there’s never been a noise problem. He added that the televisions are off now until this issue is resolved.
Commissioner Perrotti questioned Mr. Ballandi knowledge of this noise violation, noting there was a lengthy hearing in 2005 wherein the violations were discussed; stated this has been an on-going problem; and he asked Mr. Ballandi to describe his business.
Mr. Ballandi stated that there is a bar food menu available until 1:00 A.M.; that in response to Commissioner Perrotti’s request for him to describe his business, he stated that since the time they’ve opened up to present, they’ve learned a great deal of what Hermosa customers want; that when they first opened, they were trying to bring an upper scale restaurant in this area with a club atmosphere; and noted that that idea worked only for a while. He stated they currently are a full restaurant use. He stated they have determined what the customers are seeking is a place to serve breakfast, lunch, dinner and a place to watch sporting events. He advised that he read the CUP, but noted that he understood all businesses in this area were allowed to have the televisions; and he pointed out that he would never have spent $30,000 on the televisions and $4,000 on the sports programming if he believed they were not allowed.
Vice-Chairman Kersenboom asked for clarification on the seating plan.
Director Blumenfeld explained that the owner submitted a seating plan, but that the occupant load is based upon not removing that furniture. He mentioned that the 2003 review is what is in force at this time.
Patty Eggerer, resident, suggested that all the televisions be placed indoors; and commented on the possibility of minors receiving alcoholic beverages from those who simply hand it over the railing in the outdoor dining area – pointing out that the televisions draw crowds of all ages.
Director Blumenfeld noted that when the encroachment regulations were modified by City Council, he advised Mr. Ballandi that he needed to amend his CUP, pointing out the CUP trumps the encroachment regulations; advised that he also made it clear all these businesses needed to obtain an electrical permit for the installation of the televisions to deal with outdoor weather conditions, that both building and electrical permits need to be addressed; advised that if the Commission approves this request, Mr. Ballandi will need to get a building and electrical permit for the televisions; and he noted that the Public Works Department has aggressively attempted to clean up the encroachment regulations over the last few months.
Jim Lissner, resident, reiterated his desire to see these businesses closed at midnight, making it fair to all restaurant/bar businesses.
There being no further input, Chairman Allen closed the public hearing.
Commissioner Hoffman stated he can understand some confusion with the encroachment permits now allowing televisions with no sound outside versus the CUP; noted all these CUP’s will be reviewed next month for compliance; that he sees no justification to visit all the elements of this entire CUP this evening; and pointed out it is City Council’s policy to allow the televisions on the Plaza.
Commissioner Pizer and Vice-Chairman Kersenboom highlighted the January review for these CUP’s and concurred with Commissioner Hoffman’s comment regarding Council policy to allow the televisions at this time.
Chairman Allen stated that he would be amenable to allowing the televisions with the concession of closing the patio off to all customers at midnight, noting that noise on the Plaza is clearly a problem.
Commissioner Perrotti highlighted his original vision of the Plaza area when approving the CUP’s was to have restaurants there, a restaurant row, not sports bars; and expressed his belief this area has become more of a sports bar row and party area. He noted his opposition to allowing outside televisions in the dining areas and stated he would like to see Council revisit this issue. He stated he would like to keep the CUP as is, to exclude the outdoor televisions in the dining areas; and noted his support for closing these outdoor dining areas at midnight and for those customers to move inside the establishments to help minimize the problems with noise.
Vice-Chairman Kersenboom suggested the Commission ask Council to place a restriction on outdoor dining to cease at midnight for the next 6 months to determine its effect on nuisance complaints.
Director Blumenfeld explained that in order for the Commission to amend a CUP, it must have good cause to do so; that it must be based on whether the business is creating a nuisance condition on a regular basis that requires a modification of the CUP; and stated that if the Commission believes the noise on the Plaza can be curtailed by amending the encroachment provisions, the Commission could recommend that City Council modify the encroachment regulations which are under City Council jurisdiction. He mentioned that the encroachment regulations were last modified by Council in August 2005.
MOTION by Chairman Allen to allow this restaurant to keep the televisions outdoors with no sound, but to close the patio area to customers at midnight. He ultimately rescinded this motion.
Commissioner Perrotti noted his concurrence, noting he feels strongly about televisions not being allowed outdoors.
Commissioner Hoffman stated this is a policy issue within the purview of Council, not this body.
MOTION by Chairman Allen, seconded by Commissioner Perrotti, to DENY CUP 06-10 -- Conditional Use Permit amendment to modify the conditions of approval for an existing restaurant with on-sale alcohol and live entertainment to permit the use of television within the outdoor seating area on Pier Plaza at 22 Pier Avenue, Dragon, that the televisions be removed. The motion carried as follows:
AYES: Allen, Perrotti, Pizer NOES: Hoffman, Kersenboom ABSTAIN: None ABSENT: None -
Staff Recommended Action: To approve said request.
Senior Planner Robertson advised that the subject property is located on the east side of Loma Drive, north of 16th Street and located in the R-2 Zone; stated the property contains 4,000 square feet; advised that the project consists of two detached units, each containing a basement with two stories above and roof decks; noted the units are designed in a contemporary style and are designed to comply with all the requirements of the zoning code, such as the height limit, lot coverage, required parking, yards and setbacks, open space – but noting a slight deficiency in the rear unit of 23 square feet, which staff believes can be amended through conditions of approval; and stated it complies with the Condominium Ordinance with respect to storage areas and landscaping. He explained that staff is recommending to improve the hardscape plans by shifting the front unit north by one foot to widen the entry walkway, stating the proposed 4-foot walkway has no proposed landscaping and could now be enhanced with some landscaping; and suggested that a screened hedge could be added along the eastern property line for privacy and that the front elevation could be improved with layered planting of trees, shrubs and other native plants along the street frontage. He advised that these issues were discussed with the architect; and noted that the architect submitted revised site and landscape plans to incorporate these suggestions by staff. He mentioned that the added conditions in the resolution can be stricken if the Commission approves the revised plans.
Director Blumenfeld inquired if the Commission is interested in developing sustainable design standard conditions for new construction projects. He noted that a condition was added in this CUP, No. 1-C, to incorporate them for such things as high efficiency, HVAC systems, use of cool roofs, solar panels, solar electric systems, sustainable wood products, etc.; and advised that many cities are starting to incorporate these conditions in their discretionary reviews.
Director Blumenfeld noted for Commissioner Pizer that the project planner did discuss the sustainable design matter with the project architect when a review of the project plan was taking place; and mentioned that the architect generally supported sustainable design principles.
Commissioner Pizer asked that it should be studied further and well-advertised so project designers know what to expect.
Commissioner Hoffman stated that if the Commission agrees to move in this direction, he would prefer this matter be agendized as a separate Commission item for discussion and recommendation, noting it should be clear what sustainable building principles means to the city of Hermosa Beach.
The Commission was in concurrence to obtain a clear idea of what is being sought in the area of sustainable building principles.
Commissioner Perrotti noted his preference to include in those principles a requirement to put in permeable surfaces when possible.
Chairman Allen opened the public hearing.
Elizabeth Srour, representing the applicant, stated that the design professionals she has spoken with all agree with the idea of sustainable building principles, but noted the need to clearly define these goals so everyone is on the same page when bringing a plan before the City; and she noted there are issues of concern when requiring these principles, such as incurring higher costs for alternative lumber and its availability. She noted the applicant’s request to delete Condition No. 1-C and that a workshop program be set up to develop some guidelines that apply to everyone. She advised that moving the building one foot to the north has increased the backyard setback but has decreased the driveway; noted there will be additional landscaping across the rear area; and stated the front elevation will be terraced. She noted her client’s concern for the requirement of pilasters, believing those don’t work well with this building; and advised that the entry walk will be colored to match the project stone. She advised that all staff’s suggestions have been agreed to, but reiterated her request to delete Condition 1-C, noting they will work with staff to incorporate some sustainable design principles that work for this project; and she also asked that Condition 4-D be deleted and that verbiage be added that the applicant will work with staff on those matters.
Director Blumenfeld explained that staff’s suggestion for the pilasters was to create a more formal entry and not to have two walls, but to see more landscaping and less wall/hardscape; and he stated as suggested in Condition No. 4-D, and that staff will work with the architect on that issue.
Ms. Srour pointed out that the building is being moved to expand the entryway as recommended by staff; that additional landscaping is being provided; and noted her concern that the front wall is required to satisfy the definition of a basement, that there’s a built-up two-foot planter area in the front.
Director Blumenfeld stated that instead of having a wall in the front, the applicant can have landscaping; and that staff is seeking a more permeable area, with more landscape and less hardscape.
Ms. Srour reiterated her desire to work with staff on those issues and suggested adding language in 4-D to allow the applicant to work with staff to address those issues.
Director Blumenfeld mentioned that the architect has made a good effort to accommodate staff’s suggestions; noted staff’s preference to see a more identifiable entryway with natural materials; noted the cost savings by eliminating one of the walls; and he pointed out that a previous project on 21st Street has a 4-foot wall right at the sidewalk, which is not attractive or necessary and that staff is seeking to eliminate the wall and get more green space, based on the poor outcome of the 21st Street project.
Ms. Srour advised that the architect is willing to work with staff to the extent Director Blumenfeld’s suggestions can be technically met, reiterating to either delete 4-D or to amend it so that they can address those issues with staff and incorporate those to the extent possible.
There being no further input, Chairman Allen closed the public hearing.
Commissioner Hoffman stated this project is compliant with code; commended staff for their recommendations, making this project more attractive; noted his support of this project, deleting 1-C to for this project, noting he is in full support of sustainable standards; and to add additional language in 4-D to allow the applicant to work with staff to maximize the landscaping in the front setback and to minimize the hardscape.
Commissioner Perrotti noted his support to delete 1-C, noting that the sustainable design principles should be very clear to all and to provide more notice to the architects/applicants that the City is working on this effort; and he noted his support to change the language in 4-D.
MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti, to APPROVE CON 06-14/PDP 06-15 -- Conditional Use Permit and Precise Development Plan for a two-unit condominium at 1634 Loma Drive; to delete Section 5-1C; and to modify Section 5-4D to include language for staff and the applicant to work together to maximize the front setback landscaping where possible and to minimize the front setback hardscape where possible. The motion carried as follows:
AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None -
TEXT 06-5 -- Text amendment regarding City Yard and Civic Center rezoning.(PDF File).
Staff Recommended Action: To initiate a General Plan Text Amendment, General Plan Map Change, and Zone Change for the City owned property referenced above.
Director Blumenfeld explained this is a special study currently and not a text amendment to look at City-owned properties that have a General Plan designation of Open Space. He advised that the 1994 Land Use Element identifies the General Plan Open Space areas with two distinctive types of uses: publicly owned lands with recreational and open space; and then institutional and public facilities; explained there is a problem and a potential conflict with that designation with respect to public facilities like City Hall, the corporate yard, the Community Center and Community Service Building. He stated that the City is looking at future planning for these facilities including improving new emergency service buildings and constructing public parking; and that with the Open Space designation, this creates a conflict. He stated that the Open Space designation would preclude making improvements to the corporate yard, noting that improvements are being planned. He noted that staff is seeking Commission direction on creating a Public Facilities Zone or an overlay in the Open Space Zone. He stated that if a new designation would proceed with a public hearing process that addresses new development standards applicable to these areas.
Commissioner Pizer stated he is in favor of creating a new zone and a General Plan amendment for these areas.
Chairman Allen opened the public hearing.
Jim Lissner, resident, expressed his belief that the City should first seek the community’s input on whether they would like to see government building improvements or other things that benefit the citizens, such as a swimming pool or additional tennis courts. He expressed his belief the government buildings are fine as is.
Director Blumenfeld pointed out there is no proposed project at this point, but the proposed change simply allows the City the flexibility to make improvements and correct the anomaly in the Zoning Ordinance of the General Plan.
There being no further input, Chairman Allen closed the public hearing.
Commissioner Perrotti stated that because buildings do exist on these Open Space properties, there should be a different designation and that the Commission should proceed with initiating a General Plan and zoning text amendment. The Commission concurred with this statement.
It was the consensus of the Commission to initiate a General Plan Text amendment for these properties.
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STAFF ITEMS
None
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COMMISSIONER ITEMS
Commissioner Perrotti questioned what, if anything, is being done to obtain an additional Code Enforcement Officer.
Director Blumenfeld stated that at this point, this City is not planning to add a new position; advised that the Code Enforcement Officer is very busy; noted it would be helpful to have additional code enforcement staff, and mentioned that the Police Department is sometimes able to provide assistance, on zoning and Conditional Use Permit violations.
Commissioner Perrotti pointed out that most of the violations occur when City Hall is closed and suggested that more code enforcement staff be obtained, suggesting that staffing be reassigned for this purpose when available.
Commissioner Hoffman reiterated his desire to encourage staff to develop the sustainable design principles and bring those back to the Planning Commission for discussion and recommendation.
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ADJOURNMENT
The meeting was adjourned at 9:26 P.M.
PUBLIC HEARINGS
CERTIFICATION
I hereby certify that the foregoing Minutes are a true and complete record of the action taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of January 16, 2007.
| Kent Allen, Chairman | Sol Blumenfeld, Secretary |
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