MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
OCTOBER 16, 2007, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS

The meeting was called to order at 7:08 P.M. by Chairman Kersenboom.

Commissioner Hoffman led the Salute to the Flag.

Roll Call

Present: Allen, Hoffman, Kersenboom, Perrotti, Pizer
Absent: None
Also Present: Ken Robertson, Community Development Director
Richard Denniston, Associate Planner
Lauren Feldman, Assistant City Attorney

Oral / Written Communications

Elaine Doerfling, representing the Hermosa Beach Women’s Club, invited everyone to participate in the Annual Women’s Club Pancake Breakfast at the Clark Building on Sunday, October 21, 2007, from 8:00 A.M. to 12:00 noon, $8 per person, $15 for two people; mentioned that the breakfast will consist of pancakes, sausage, scrambled eggs, juice, fruit, coffee, milk; and stated that raffle tickets will also be sold at this event.

Jim Lissner, resident, stated that 5 out of 6 Council candidates replied to a 44-question survey, noting that those results can be viewed at vivahermosa.com and thisishermosa.com; and advised that there will be two additional candidate debates -- one on the 19th at 11:00 A.M. at Sangria and one on the 22nd at 7:00 P.M. in City Council Chambers. He noted the City has announced that these debates, including the Women’s Club debate event, will be on the City’s website starting around the 23rd.

Commissioner Perrotti happily announced that Ken Robertson is officially the new Director of Community Development.

Consent Calendar

  1. Approval of September 18, 2007 Minutes .

    Commissioner Pizer stated that he and others still have questions following last month’s meeting in regard to the Tender Box issues and asked that the following questions be addressed: “Was the illegally added construction in full compliance with the Building Code? Was there legal parking for the new addition? Was this addition in direct violation of the 1,000-square-foot spacing code? What was staff doing during the past 5 months or more when this was operating? Why was the new addition allowed to be occupied when it was an absolute violation of the CUP, code and ordinances?”

    With regard to compliance with the Building Codes, Director Robertson explained that no, this establishment is not in full compliance because they have not obtained building permits, and as such, the City could not have determined full compliance without a full inspection of the structure.

    Vice-Chairman Perrotti questioned whether the stairs were in compliance with the Building Code.

    Director Robertson stated the two exit ways conform to the basic safety requirements.

    Commissioner Hoffman stated this discussion is improper because it’s not an agendized item.

    Commissioner Pizer asked that this matter be agendized for the next meeting in order for the above-mentioned questions to be answered/clarified.

    Commissioner Hoffman asked that the minutes correct the spelling of the last name for Gary Brutsch, noting he spoke on Item Nos. 6 and 8.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE the September 18, 2007, Minutes as amended. The motion carried as follows:

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

  2. Resolution(s) for consideration

    1. Resolution P.C. 07-48approving a Variance to allow a 40-square-foot second-story addition to an existing residence that, in combination with a prior addition in 1990, will cumulatively exceed the maximum 100 percent floor area expansion permitted by the nonconforming ordinance, located at 1570 Prospect Avenue.

      MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE Resolution P.C. 07-48, a Variance to allow a 40-square-foot second-story addition to an existing residence that, in combination with a prior addition in 1990, will cumulatively exceed the maximum 100 percent floor area expansion permitted by the nonconforming ordinance, located at 1570 Prospect Avenue. The motion carried as follows:

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

  3. PUBLIC HEARINGS

  4. CUP 07-8/PARK 07-4 -- Conditional Use Permit for a frozen yogurt business with a drive-through window and outdoor dining in an existing commercial building of 1,690 square feet; and a Parking Plan to be classified as a snack shop in order to base parking requirements on retail commercial use at 900 Pacific Coast Highway, Pinkberry (continued from June 19, July 17, August 21 and September 18, 2007 meetings).(PDF File).

    Staff Recommended Action: To continue to the November 20, 2007 meeting.

    Director Robertson noted the applicant is seeking additional time to revise the plans and has requested a one-month continuance of this matter.

    Chairman Kersenboom opened the public hearing.

    MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to CONTINUEto November 20, 2007, CUP 07-8/PARK 07-4 -- Conditional Use Permit for a frozen yogurt business with a drive-through window and outdoor dining in an existing commercial building of 1,690 square feet; and a Parking Plan to be classified as a snack shop in order to base parking requirements on retail commercial use at 900 Pacific Coast Highway, Pinkberry. The motion carried as follows:

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

  5. TEXT 07-5 -- Text amendment to allow tattoo businesses / body art studios in the C-3 Zone subject to a Conditional Use Permit or other zone as deemed appropriate (continued from the August 21, 2007 meeting).(PDF File).

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

    Director Robertson presented staff report (of record) and the recommendation for City Council to approve the text amendment. He noted that Howard Longacre submitted a letter to the Commission regarding this matter following the delivery of the agenda package.

    Commissioner Allen asked for staff to clarify if the City must allow this type business.

    Assistant City Attorney Feldman stated the City can deny this type of business if it can determine it’s not an appropriate and compatible use for Hermosa Beach based on the land use impacts.

    Vice-Chairman Perrotti asked if the City is aware of any current underground tattooing activity taking place in Hermosa Beach.

    Director Robertson stated he is not aware of any.

    Vice-Chairman Perrotti asked if the permanent eye makeup currently being performed at the beauty salons can be done in any zone with this ordinance or whether it also will be restricted.

    Director Robertson stated those services would be permitted in any commercial district, noting those services are already being performed in some salons in Hermosa Beach.

    Chairman Kersenboom opened the public hearing.

    Johnny Anderson, resident, commented on the growing popularity of body art in all economic and social walks of life; stated that underground tattoo services have been offered in this town for many years and that it continues to be offered; and he urged the City to pass an ordinance that allows this business to operate legally and safely, noting that the County Health Department strictly regulates these businesses. He stated these businesses would have as much impact to the City as beauty salons.

    Barbara Heiler, resident, stated she is against tattoo businesses in Hermosa Beach because it would create a negative impact upon the City’s image.

    Jim Lissner, resident, stated that he would rather not have these businesses in the City; but noted that if they must be permitted, they should be located in the downtown Pier Plaza area, believing this is a suitable area.

    George Barks, Redondo Beach, stated he is opposed to tattoo establishments in Hermosa Beach, noting that the neighboring cities do not allow them; he addressed his concern with health issues, such as hepatitis; and stated that if the City must allow these businesses, they should be located in an industrial zone. He stated that if they are permitted in a medical facility, they should only be permitted to be on the second or third level of an office building.

    Brad Kamiso, resident, suggested the City combine forces with other cities to fight any lawsuit from these businesses; and he urged the City to take the right steps in the denial process, thereby reducing the City’s liability in denying these businesses.

    Ruben Trabinsky, resident, stated he is alarmed with this city attempting to regulate taste and various freedoms; noted that reasonable restrictions could be put in place to mitigate any health issues and other concerns; and pointed out that a lot of people in this town have tattoos and/or want tattoos, reiterating it is perfectly reasonable to set rules/regulations directed at these businesses. He noted his support for allowing body art establishments in Hermosa Beach.

    Roger Bacon, resident, expressed his belief the more appropriate place for this type of establishment would be Downtown Plaza area; asked if staff had met with other cities to discuss this issue; stated that Palos Verdes, Torrance, Manhattan Beach, and El Segundo are opposed to these businesses; and stated the majority of people he talked to are opposed to this. He stated that the proposed operating hours is too late. He asked that staff come back with a report on what other cities are doing to deny these businesses.

    Lois Musser, resident, noted her opposition to these businesses.

    Jim Ferrell, business resident, stated that the proposed C-3 zone is too broad, stating there are too many schools and children in this area; and noted his support for Hermosa Beach to combine forces with other cities in keeping these businesses out of the community.

    Cheri Beaupre, Gardena, representing the legitimate body art industry, stated that tattoos are not a late night business, noting that most people want their tattoos done in the day; pointed out that Laguna Beach, Costa Mesa, Pasadena, Huntington Beach, and Malibu have all clearly shown their property values have not been negatively impacted by allowing these businesses; advised that there is internet solicitation of underground tattoo artists seeking business in neighboring cities; and explained that the County Health Department strictly oversees these businesses, noting the County’s desire to establish an ordinance to protect everyone involved in this business. She highlighted the protective measures that are taken in the legitimate field of body art; and stated it is time for Hermosa Beach to recognize this field is very popular with people from all walks of life. She provided 463 signatures in support of this business, pointing out that some of those signatures are from Hermosa Beach residents.

    Alison Lockhart stated that many good/decent people are sporting body art and noted her support to allow tattooing and body art in a clean establishment and safe environment.

    Magda Rycowski, Redondo Beach, stated that body art is a freedom enjoyed by those wishing to express themselves through art.

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

    Commissioner Pizer stated there is no compelling reason to add this problem to the zoning ordinance; and highlighted the following cities that do not have an ordinance in their codes to allow tattoo studios -- Hermosa Beach, Manhattan Beach, El Segundo, Redondo Beach, Palos Verdes Estates, Laguna Beach, Hawthorne, Inglewood, Compton, West Covina. He noted that Torrance is involved in litigation to fight tattoo establishments. He highlighted the cities that do have ordinances allowing these establishments: Carson, Long Beach, Dana Point, San Clemente, El Monte, Westminster, Whittier, Lancaster – pointing out the limited number of beach cities allowing this type of business. He stated that very few people he’s talked to are supportive of a tattoo establishment in Hermosa Beach and stated he is opposed to this proposal.

    Vice-Chairman Perrotti stated he hasn’t heard anything this evening to indicate a tattoo establishment would be a problem, pointing out it’s all about image; and advised that the police chief has indicated there is nothing to substantiate the negative concerns by the audience members, noting there is no indication of increased crime or anything negative associated with these shops. He pointed out that much has changed in recent years with body art, making this activity very popular. He quoted from a July Newsweek article about this industry, “According to the American Academy of Dermatology, 36 percent of young people between the ages of 18 and 29 have a tattoo, and the number is rising”; quoted from a July Los Angeles Times article, “Nearly 50 percent of Americans between the ages of 21 and 32 have at least one tattoo or piercing other than in an ear, according to a 2006 study by the University of Chicago and Northwestern University”; yet he noted there is still a negative image with tattooing. He stated he is concerned with the hypocrisy of currently allowing a people in Hermosa Beach to have permanent makeup tattooed on their face at a beauty salon. He stated that a lot of his friends over 40 have tattoos, both men and women; noted that many people have tattoos; and stated he would prefer people to get their tattoos in a legitimate, safe and clean environment in this community. He pointed out that the County closely scrutinizes these establishments. He suggested that if this is approved, the closing hours should be limited to 9:00 P.M. or 10:00 P.M. and that they should not be located within 200 feet of churches, schools or parks, playgrounds or the Community Center.

    Commissioner Allen stated these businesses are not in the best interest of the City, believing that high quality communities don’t have tattoo establishments; and that while he recognizes this is a mainstream activity today, this beach city does not need to be a leader in allowing these businesses.

    Commissioner Hoffman stated this is a land use and General Plan issue; noted that the C-3 zone is a fairly restricted zone with age-restricted businesses; and expressed his belief the city should not be allowing another age-restricted establishment in a community that is attempting to cater to a small beach, family-oriented environment. He stated if the City continues to restrict commercial space to adult-only businesses, it will not end up being a good mix of appropriate uses.

    Chairman Kersenboom agreed with this being a land use issue and noted that while he would like to see a tattoo establishment in Hermosa Beach, he does not believe it is an appropriate in regard to good land use.

    Commissioner Pizer stated a denial can be justified because of it being an age-restricted business.

    MOTION by Commissioner Allen, seconded by Commissioner Pizer, to DENY TEXT 07-5 -- Text amendment to allow tattoo businesses / body art studios in the C-3 Zone subject to a Conditional Use Permit or other zone as deemed appropriate. The motion carried as follows:

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

    Assistant City Attorney Feldman advised that staff will draft a resolution of denial and present that to the Commission at its next meeting.

    Commissioner Hoffman expressed his belief a resolution of denial is not necessary.

  6. GP 07-1/ZON 07-2/CON 07-9/PDP 07-8 -- General Plan Amendment from Neighborhood Commercial (NC) to High Density Residential (HD) and Zone Change from Neighborhood Commercial (C-1) to Multiple-Family Residential (R-3), and a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 26923 for a two-unit condominium, and adoption of Environmental Negative Declaration at 19 2nd Street.(PDF File).

    Staff Recommended Action: To direct staff as deemed appropriate.

    Director Robertson presented staff report (of record) and the recommendation to 1) Deny the requested General Plan Amendment and Zone Change by adoption of the attached resolution; or 2) Recommend approval of the General Plan Amendment and Zone Change and direct staff to return with a resolution; or the alternative for General Plan Amendment/Zone Change 1) Deny the requested General Plan Amendment and Zone Change by adoption of the attached resolution; or 2) Recommend approval of the General Plan Amendment and Zone Change and direct staff to return with a resolution.

    Vice-Chairman Perrotti asked what percentage of commercial property is within the City.

    Director Robertson stated there is approximately 6 percent of commercial property in the City.

    Chairman Kersenboom opened the public hearing.

    Cindy Wells, property owner, stated this property has been developed as Residential since 1928; noted there are currently two residential units on this property; and advised that she is seeking to put two condominium units on this property. She stated if they provided a mixed use project, it would increase the density in the neighborhood; noted that the neighbors are opposed to more commercial development in this area, pointing out that during the winter months, the commercial businesses in this area are closed down; mentioned that she would still be permitted to put two residential units above a commercial unit below; and she asked the Commission to approve her request.

    Chairman Kersenboom closed the public hearing.

    Vice-Chairman Perrotti stated the City has a limited amount of Commercial property, around 6 percent; and stated that nothing new has changed since this was first considered in 2002 and 2005, noting he will still be voting against a zone change. He stated he would support the request for the condominium project/plan.

    Commissioner Allen stated that nothing has been presented to change his mind since this last time this came before the Commission.

    Commissioner Hoffman stated that nothing has happened since 2002 when this was first considered to change his mind, noting he is opposed to the zone change; but stated he would support the condo proposal.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to DENY GP 07-1/ZON 07-2/CON 07-9/PDP 07-8 -- General Plan Amendment from Neighborhood Commercial (NC) to High Density Residential (HD) and Zone Change from Neighborhood Commercial (C-1) to Multiple-Family Residential (R-3). The motion carried as follows:

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

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to APPROVE Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 26923 for a two-unit condominium, and adoption of Environmental Negative Declaration at 19 2nd Street. The motion carried as follows:

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

  7. PARK 07-9 -- Parking Plan to allow a frozen yogurt business to be classified as a snack shop in order to base parking requirements as a retail commercial use located within an existing commercial building at 1316 Hermosa Avenue.(PDF File).

    Staff Recommended Action: To approve said request.

    Associate Planner Denniston presented staff report (of record) and the recommendation to approve the Parking Plan.

    Chairman Kersenboom opened the public hearing.

    Kathryn Deng, applicant, stated this is a frozen yogurt self-serve business; and stated that several tables will be provided for patrons to sit down to eat.

    Chairman Kersenboom closed the public hearing.

    Commissioner Hoffman stated this is a pedestrian-driven establishment and that it shouldn’t impact the parking.

    Vice-Chairman Perrotti expressed his belief this is a snack shop and a good addition to this end of town. He wished the applicants good luck with the business.

    Chairman Kersenboom asked what the operating hours would be.

    Associate Planner Denniston stated there are no restrictions in operating hours.

    Chairman Kersenboom reopened the public hearing.

    Chairman Kersenboom asked what the hours of operation will be.

    Ms. Deng stated they haven’t decided on the store hours; noted they will stay open later in the evening if they have an adequate customer base; and stated if they have any problems with the patrons from the adjoining business establishment, they will close earlier.

    Chairman Kersenboom closed the public hearing.

    MOTION by Commissioner Pizer, seconded by Vice-Chairman Perrotti, to APPROVE PARK 07-9 -- Parking Plan to allow a frozen yogurt business to be classified as a snack shop in order to base parking requirements as a retail commercial use located within an existing commercial building at 1316 Hermosa Avenue. The motion carried as follows:

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

  8. CUP 07-13 -- Conditional Use Permit to allow a massage therapy business at 1200 Pacific Coast Highway.(PDF File).

    Staff Recommended Action: To approve said request.

    Associate Planner Denniston presented staff report (of record) and the recommendation to approve the request.

    Commissioner Allen noted his assumption there are other massage studios in the City with these same conditions and asked if the City is under any obligation to approve this location or business.

    Assistant City Attorney Feldman stated that every application should be considered on a case-by-case basis and its impacts to the surrounding area regardless of similar approved establishments; and stated that an over-concentration of this kind of business can be a consideration for denial.

    Vice-Chairman Perrotti asked if there have been any problems with the massage businesses in the City.

    Director Robertson stated that staff has received no reports of any problems in recent history; explained that the majority of these establishments providing massages are doing it as a secondary use, less than 25 percent of the floor being used for massage service.

    Vice-Chairman Perrotti asked if there are any consistent hours of operation, noting the close proximity to residential.

    Director Robertson stated the Commission needs to consider this on a case-by-case basis.

    Chairman Kersenboom opened the public hearing.

    Aline Menezes, applicant, stated that Mr. DaSilva has been performing massage therapy for over 5 years; and explained that he provides a great service to help people enjoy a more restful life, limiting their stress, fostering a peace of mind and well-being, and helping people with chronic pain, sports injuries, birth defects, etc.; and she stated it is done in a warm, caring and professional environment. She added that this is a family business.

    Roger DaSilva, applicant, stated he has been a massage therapist for 5 years; and commented on the benefits of massage therapy.

    Kevin Sullivan, Redondo Beach, stated he has known the applicants for many years and that he believes they will be a great asset to the business community.

    Jim Ferrell, business owner on PCH, noted his support for this request; stated the rents in this building have doubled, questioning if this business can be sustained due to the limited parking; and he asked that the City investigate the parking situation in this area, seeking an improvement in the number of parking spaces. He suggested altering 12th Street to provide for more parking.

    Roger Bacon, resident, addressed his concern with patrons of this building using the Ralph’s parking lot and not using the parking spaces on the upper level; and noted that the employees can only park for 2 hours, pointing out this causes the employees to also park in the Ralph’s parking lot. He stated this building does not have adequate parking and stated they should adhere to the parking code for this building and should direct their patrons to the upper level parking area.

    Paige Neice, resident, stated she is a satisfied client of Mr. DaSilva’s and that she is in full support of his request.

    Delores Stenson, 13th Street resident, commented on the limited parking in her neighborhood and stated she is opposed to adding another business in this area.

    Chairman Kersenboom closed the public hearing.

    Commissioner Hoffman pointed out this is not an adult massage business application; and expressed his belief this business will have the least parking impact compared to another business that could locate to this building.

    Commissioner Allen concurred with Commissioner Hoffman’s comments.

    Vice-Chairman Perrotti stated this is a nonconforming building with parking; and expressed his belief the new parking signage should more adequately direct patrons to the upper parking level; and he urged the applicants to inform their customers their cars will be towed away if parked illegally in the Ralph’s parking lot.

    Commissioner Pizer stated this business will have a smaller parking impact than the previous business at this location.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to APPROVE CUP 07-13 -- Conditional Use Permit to allow a massage therapy business at 1200 Pacific Coast Highway. The motion carried as follows:

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

    Chairman Kersenboom recessed the meeting at 9:06 P.M. and reconvened the meeting at 9:13 P.M.

  9. CON 07-10/PDP 07-9 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 64873 for a 2-unit condominium by converting an existing single-family residence to condominium unit and adding another new unit at 937 15th Street.(PDF File).

    Staff Recommended Action: To approve said request.

    Associate Planner Denniston presented staff report (of record) and the recommendation to approve the CUP, Precise Development Plan, and Vesting Tentative Parcel Map.

    Chairman Kersenboom opened the public hearing.

    Louis Tomaro, project architect, explained that the applicant is seeking to rebuild the back unit at a later time due to financial constraints; stated that it will match the front unit; and that the applicant will be using the back unit as a single-family rental, noting the applicant will maintain ownership of both units.

    Vice-Chairman Perrotti asked if the back unit plans will come before the Commission at a later time.

    Director Robertson stated the second unit proposal would have to come back before the Commission as another condo submittal and new PDP.

    Commissioner Pizer stated he would like to see some architectural consistency with the back unit.

    Mr. Tomaro stated the exterior colors/finishes will match and that the roofing materials will be mostly consistent. He advised they do not plan on replacing the windows in the back unit, but stated it will be architecturally consistent at a later time.

    Mike Williams, 951 15th Street resident, stated he will lose his views with this project; commented on the limited parking in this neighborhood; and asked that the City paint the curbs red where appropriate to keep people from blocking his driveway. He stated that most of the properties in this neighborhood have larger front setbacks.

    Vice-Chairman Perrotti pointed out that by code, the applicant could apply a smaller setback if he wanted.

    Chairman Kersenboom closed the public hearing.

    Commissioner Pizer noted his preference for this project to be completed as a two-unit condo project.

    Vice-Chairman Perrotti stated he sees no problem with the conversion as long as it complies with all Zoning Codes and the Building Codes; highlighted the limited lot coverage of 54 percent versus the 65 percent the applicant would be permitted to build upon; and stated he would support the applicant’s request as long as rebuilding the back unit is a temporary situation and as long as it is painted the same colors.

    Commissioner Allen noted his support for this project and the applicant’s request to postpone rebuilding the back unit until he can afford to so do.

    Commissioner Hoffman noted his support of this project; commented on his desire not to see uniform buildings, but to see some eclectic architecture; noted his only concern was the legitimate conversion of the condo as the plans indicate; and pointed out that two projects from the ground up would have been a larger project covering more of the lot than what is being proposed.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to APPROVE CON 07-10/PDP 07-9 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 64873 for a 2-unit condominium by converting an existing single-family residence to a condominium unit and adding another new unit at 937 15th Street. The motion carried as follows:

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

  10. L-11 -- Lot merger determination for the property at 230 Longfellow Avenue, comprised of two existing lots, to determine whether the lots shall be merged into one parcel (continued from the August 21 and September 18, 2007 meetings).(PDF File).

    Staff Recommended Action: To merge subject lots.

    Associate Planner Denniston provided a review of the Lot Merger Ordinance and presented staff report (of record) and the recommendation to merge the subject lots.

    Chairman Kersenboom opened the public hearing.

    Eric Lawrence, property owner, stated he does not understand this merger process and asked that this matter be continued to the next Planning Commission meeting, asking why his property isn’t considered to be in the Coastal Zone and questioning if the City has the authority to go through this process.

    The Commission agreed this matter should be continued to allow Mr. Lawrence additional time to seek clarification with City staff.

    MOTION by Commissioner Hoffman, seconded by Chairman Kersenboom, to CONTINUE to the next Planning Commission meeting L-11 -- Lot merger determination for the property at 230 Longfellow Avenue, comprised of two existing lots, to determine whether the lots shall be merged into one parcel. The motion carried as follows:

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

  11. L-11 -- Lot merger determination for the property at 1115 2nd Street, comprised of two existing lots, to determine whether the lots shall be merged into one parcel (continued from August 21 and September 18, 2007 meetings).(PDF File).

    Staff Recommended Action: To merge subject lots.

    Associate Planner Denniston presented staff report (of record) and the recommendation to merge the subject lots.

    Chairman Kersenboom opened the public hearing.

    Fernando Vargas, property owner, stated he has owned this property since 1953 and noted his opposition to merging his property. He stated he has no plans to alter his property.

    Chairman Kersenboom closed the public hearing.

    Director Robertson mentioned that the lots across the street were merged in the late 1980’s.

    Vice-Chairman Perrotti stated the map only shows two merged properties on the other side of the street and questioned why other properties east of those weren’t merged.

    Director Robertson stated the other candidate at that time would have been this property, noting it wasn’t done at that time.

    Commissioner Hoffman stated that looking at the maps, this property appears to be consistent with the parcels in this area and stated it should remain as two separate lots.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Hoffman, to NOT MERGE L-11 -- Lot merger determination for the property at 1115 2nd Street, comprised of two existing lots, to determine whether the lots shall be merged into one parcel. The motion carried as follows:

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

    Assistant City Attorney Feldman stated that a resolution to not merge will be brought back to the Commission at the next meeting.

  12. HEARING(S)

  13. CON 07-11 & 04-16 / PDP 04-17 -- A request to extend the expiration date of the Vesting Tentative Parcel Map No. 061452 for a 3-unit condominium at 445 Manhattan Avenue.(PDF File).

    Staff Recommended Action: To extend the expiration date by one year to October 19, 2008.

    MOTION by Vice-Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE CON 07-11 & 04-16 / PDP 04-17 -- A request to extend the expiration date of the Vesting Tentative Parcel Map No. 061452 for a 3-unit condominium at 445 Manhattan Avenue, to October 19, 2008. The motion carried as follows:

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

  14. A-14 -- Appeal of Director's Decision regarding the condition of approval requiring an 8-foot high wall along the westerly property line to buffer residential properties at 727 2nd Street.(PDF File).

    Staff Recommended Action: To direct staff as deemed appropriate.

    Director Robertson presented staff report (of record) and the recommendation to direct staff as deemed appropriate.

    Louis Tomaro, project architect, stated that the wall is 8 feet on the south corner, next to a single-family residence; and advised that the neighbor has requested this wall stay 8 feet at that location and that it go across level and then brought down to 42 inches in height at the front to keep the viewing area open. He noted that the mature landscaping softens the wall; advised that the building to the right is an apartment building with no windows on that side; and that they intend to keep as much light coming into the parking area while keeping it aesthetically appealing for the apartment tenants. He expressed his belief this plan benefits both properties. He noted that at the corner of the electrical panel site, the neighboring property has mature landscaping there which screens that area. He mentioned the applicant will be adding mature landscaping.

    Vice-Chairman Perrotti asked if the neighbor had contacted staff in regard to this project.

    Associate Planner Denniston stated he has not been contacted by the neighbor.

    Commissioner Allen stated he would support the proposal as long as the neighbor is in agreement with the plans.

    Commissioner Pizer asked if approval can be subject to the neighbor’s approval, noting the neighbors are on vacation and absent from this meeting.

    Staff indicated the Commission’s approval should not be made contingent upon the neighbor’s approval.

    Commissioner Hoffman pointed out had that wall been built, it would have created a dark, wet and moldy area and that it would be doubtful it would address any sound problem; expressed his belief the residents with the higher windows will not be affected; and stated the applicant has provided an improved project with this proposal.

    MOTION by Commissioner Pizer, seconded by Commissioner Allen, to APPROVE A-14 -- Appeal of Director's Decision regarding the condition of approval requiring an 8-foot high wall along the westerly property line to buffer residential properties at 727 2nd Street. The motion carried as follows:

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

  15. STAFF ITEMS

    Director Robertson introduced Assistant Planner Eva Choi, who is sitting in this evening to test the new live internet video feed system that is being put in place for the City Council and Commission meetings.

    Assistant Planner Choi advised that the meetings can be viewed on line for as long as the City desires to maintain that capacity, noting that people will be able to go directly to the item they are interested in watching.

    Director Robertson stated that the detailed minutes will now become more condensed, noting that if people are seeking more information on an item, they will be able to watch/listen on the internet to that portion of the meeting.

  16. COMMISSIONER ITEMS

    None.

  17. ADJOURNMENT

    The meeting was formally adjourned at 10:02 P.M.

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 October 16, 2007.

Langley Kersenboom, Chairman Ken Robertson, Secretary