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 City of Hermosa Beach --- 02-17-98
MINUTES OF THE PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH FEBRUARY 17, 1998 CITY HALL COUNCIL CHAMBERS AT 7:00 P. M.
The meeting was called to order 7:05 P.M. by Chairman Tucker
PLEDGE OF ALLEGIANCE led by Commissioner Sam Perrotti
ROLL CALL Present Commissioner Perrotti, Schwartz, Pizer, Merl, Chairman Tucker Absent: None Also Present: Sol Blumenfeld, Community Development Director Mike Schubach, City Planner Jewel Stewart, Recording Secretary
CONSENT CALENDAR
Commissioner Pizer asked that the minutes reflect a correction at page 3 paragraph 3 to read: "...Mr. St. Clair declined to provide ...."
MOTION by Commissioner Perrotti to APPROVE minutes and resolutions with the one modification.
AYES: Commissioners Perrotti, Pizer, Merl, Schwartz, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
ORAL / WRITTEN COMMUNICATIONS None
PUBLIC HEARINGS
7. PDP 97-25 -- PRECISE DEVELOPMENT PLAN TO REDESIGN MOBILE HOME PARK TO ACCOMMODATE LARGER UNITS AT 531 PIER AVENUE (CONTINUED FOR JANUARY 20, 1998 MEETING).
Staff Recommended Action: To continue to the next meeting on March 17, 1998 meeting per applicant's request.
Due to this item being agendized for tonight's meeting; Chairman Tucker invited anyone wanting to address the Commission on this issue who could not be present at the next meeting to testify.
Public Hearing: Chairman Tucker opened the public hearing at 7:10 P.M.
Marie Horowitz 531 Pier #15 President of the Mobil Home Park Home Owners Assoc. requested the applicant submit a tenant impact report in writing.
Chairman Tucker closed the public hearing at 7:14 P.M.
Motion by Commissioner Perrotti, to CONTINUE this item to the next meeting on March 17, 1998, seconded by Commissioner Pizer.
AYES: Commissioners Perrotti, Pizer, Merl, Schwartz, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
8. CON 97-26/PDP 97-29 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #24976 FOR A FOUR -UNIT CONDOMINIUM AT 653 - 655 9TH STREET. (CONTINUED FROM JANUARY 20, 1998 MEETING).
Staff Recommended Action: Approve subject to the conditions in the attached resolution.
Director Blumenfeld advised the Commission that there have been two revised sets of plans submitted and that the plans that they were viewing were the original set. Mike Schubach, City Planner, stated that all zoning nonconformities have been revised and that the few items remaining can be resolved. He also stated that the project is in conformance with the Zoning Ordinance relative to parking, open space, setbacks, and building height, but that the guest parking space could be relocated to make it more useable.
Public Hearing: Chairman Tucker opened the public hearing at 7:20 P. M.
Elizabeth Srour 1001 6th St. Manhattan Beach represented Mike Mulligan applicant and property owner in escrow. Also present was Mr. Mulligan, the owner, and the Architect Tony Ashai.
Ms. Srour addressed the guest parking issue, she said that between the Home Owners Association and the CT&R's the parking issue will be addressed in this legal document; that will be recorded against the property. She stated that all minor issues have been addressed and that Mr. Ashai, the architect and the owner Mr. Mulligan were available for comments .
Chairman Tucker closed the public hearing at 7:22 P.M.
Discussion
Commissioner Schwartz voiced concerns regarding the guest parking, bringing the entrance up to street level, and would like to see more articulation on the east elevation. Chairman Tucker had concerns regarding the guest parking spaces, he asked if the driveway grading problem was resolved. Commissioner Pizer asked what is the Commission's authority regarding the parking issue. Commissioner Perrotti stated if feasible additional parking in rear should be added and he also would like to see decorative concrete in the driveways.
MOTION by Commissioner Merl to APPROVE with the condition that 1.) applicant works with staff on additional parking; additional articulation; and decorative concrete be added.
AYES: Commissioners Perrotti, Merl, Schwartz, Pizer, Chairman Tucker NOES:: None ABSENT: None ABSTAIN: None
9. PDP 97-27 -- PRECISE DEVELOPMENT PLAN TO CONSTRUCT AN 11,000 SQUARE FOOT SELF-STORAGE WAREHOUSE BUILDING, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 601 CYPRESS AVE.
Staff Recommended Action: To approve the requested Precise Development Plan subject to the conditions as contained in the resolution.
Director Blumenfeld stated that the project is in conformance with the zoning requirements. It is low impact with little traffic expected; Property was previously used for oil drilling and storage, but that the well site was abandoned and remediated pursuant to State requirements. He noted that a larger rear setback was required adjacent residential uses. Staff recommends approval.
Public Hearing: Chairman Tucker opened the public hearing at 7:35 P. M.
Elizabeth Srour 1001 6th St. appeared on behalf of Mark and Lisa Quental and Edward Quental owners and applicants. Stated that site has been eyesore for some time, she provided photos of the site showing it from different perspectives. She stated that one of the conditions at escrow was that proof be given that the site is environmentally safe. This report is attached to the staff report. All issues traffic, safety, noise, drainage have been dealt with as part of the proposal. The set back was just brought to their attention last week and it will be dealt with also. This can be accomplished with very little change to the design.
Paul Ruda 414 6th St. had concerns regarding the type of sign that will be there and he questioned the set backs.
Chairman Tucker closed the Public Hearing.
Discussion
Commissioner Schwartz, Pizer and Chairman Tucker all stated concern about the hours of operation. Commissioner Schwartz, asked if there would be a guard on duty 24 hours or only during operation. Chairman Tucker questioned what type of household items would this facility house, and what is the size of the proposed bins. There was concern that moving vans may block traffic. Chairman Tucker, also wanted to know if the code specifically addressed the hours of operation of commercial businesses; he feels that there will be marked improvements from what is there now. Commissioner Pizer while he is concerned about the retaining wall, this building will enhance the area. Commissioner Perrotti is glad to see this site being cleaned up and put to use.
MOTION by Commissioner Perrotti to ADOPT as provided seconded Commissioner Merl
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
10. CUP 97-12 -- CONDITIONAL USE PERMIT AMENDMENT TO AN R-1 PLANNED DEVELOPMENT FOR FOUR SINGLE-FAMILY HOMES TO MODIFY THE PROPOSED DRAINAGE IMPROVEMENTS, BY DIRECTING DETAINED STORM WATER DIRECTLY TO THE COUNTY STORM DRAIN RATHER THAN PUMPING ONTO STREET AT 532-540 20TH STREET.
Staff Recommended Action: To approve said request.
Director Blumenfeld reported that the project was originally approved in May, 1997 and that the City Council expressed concern regarding the detention system and pumps required to convey storm drainage to 20th Street. The Council had indicated concern that the pumps may fail and cause a drainage problem along the street and required that the developer be liable for their failure. Due to the liability issues the City Attorney drafted wording holding developers liable for the pumping mechanism and the drainage device. The applicant chose to redesign and modify the drainage and received County permits to connect the storm detention system directly to the storm sewer on Valley Park thereby eliminating the need for pumps and the hold harmless agreement from the developer after the lots have been sold. Condition 6A and Condition 7 both were modified to hold the City harmless during construction and up to disposition of the property.
Public Hearing: Chairman Tucker opened the public hearing at 8:10 PM
Bruce Lewis of Hawthorne Savings 2381 Rosecrans Ave., El Segundo applicant, responded to a Commission question regarding the 8 inch diameter of detention pipes as opposed to the 10" size shown on the plans. He stated that the discrepancy was a plan check correction. It was corrected after consultation with the County. He stated that he is not opposed to being responsible for operation, care and maintenance of the projects. He said that his only concern with staff's report is the liability issue. He reminded the Commission that the Home Owners Association should assume liability for care and maintenance after the first property is sold. Since this is a common interest sub division.
Cherlyn Power 1927 View Park Drive questioned the address of the easement and exactly how many units will there be 4 or 5.
Chairman Tucker closed the public hearing at 8:22 P.M.
Discussion
Commissioner Perrotti questioned staff regarding paragraph 7 of the proposed resolution. He asked if staff want to retain paragraph 7 now. Director Blumenfeld, stated that due to the issue of liability, the City Attorney wanted the owner to be responsible for care and maintenance until all of the lots are sold. He also stated that he would talk to the City Attorney regarding the applicants concerns, and the alternate wording proposed by the Commissioners. To see if the City Attorney would be agreeable to the wording the applicant proposed. Commissioner Perrotti also expressed concern regarding the easement. Director Blumenfeld stated if there is still concern regarding the easement issue, paragraph 6 could be modified where improvements are listed to add the word easements. Chairman Tucker asked who actually was the Homeowners Association the bank or the homeowners if only one home sold. Commissioner Pizer stated that either way the bank was responsible. The applicant responded that the Homeowners Association not the bank should be responsible. Chairman Tucker asked how will the drain system be maintained, is there away to remove settlement from the holding tank? Applicant responded from the audience that there was a way. Chairman Tucker asked why not use the catch basin at Power and 20th. Director Blumenfeld responded that there was concern expressed by the Council, regarding drainage over a public right of way and possibility of flooding. He stated that the applicant preferred a direct connection into the drain and that the pipe could not be installed to drain by gravity to 20th Street. Commissioner Pizer questioned the changes in the calculation of the pipe. The applicant advised that this was a correction made after consulting with the County. Commissioner Schwartz wanted clarification regarding whether it is after the first lot is sold or until all lots are sold that the Homeowners Association takes over maintenance from the bank. The Director will clarify with the City Attorney.
MOTION by Commissioner Perrotti to ADOPT with modifications to Paragraph 6 and 7. The City Attorney to determine whether paragraph 6 should read easement after drainage and whether paragraph 7, if included, should read first lot or all lots. Seconded by Commissioner Merl.
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
A brief recess taken at 9:29 P.M.
The Planning Commission reconvened at 9:39 P.M.
11. CON 98-1/PDP 98-1 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25024 FOR A TWO -UNIT CONDOMINIUM AT 531 25TH STREET.
Staff Recommended Action: To approve said request subject to the conditions in the Resolution.
Mike Schubach, City Planner, introduced the letter of Laura Guneau. He said that the project meets all zoning requirements and that there is no requirement for a sidewalk beyond those established by the Public Works Department. He added that the neighbors decided sometime ago that they wanted a rural feel to the neighborhood and choose not to have sidewalks. He also stated this was a City Council decision.
Public Hearing: Chairman Tucker opened the public hearing at 9:44 P. M.
Fran Yurilin appeared on behalf of Nick Schaar, 800 Manhattan Beach Blvd. Manhattan Beach, applicant. She stated that this project conforms to all code requirements and meets or surpasses them. She also stated that the applicant is willing to conform to what is consistent with the neighborhood. And she said the architect was available for any questions.
Laura Guneau 527 25th St. Hermosa Beach, said she is excited about the project, but is concerned about the drainage problem since she is at the bottom. She also stated the concerns addressed in her letter regarding the sidewalks. She said that she and the neighbors were never informed of the Council's decision to abrogate the sidewalk requirement specified in the Municipal Code.
Chairman Tucker closed the public hearing at 9:50 p.m.
Discussion
Chairman Tucker suggested that they could put in a sidewalk without being out of compliance. He also questioned the drainage issue and the definition of the driveway. He requested the staff ask Council to check the traffic flow on the street. Commissioner Perrotti asked were there any sidewalks in this area. He suggested that before this becomes an issue again that the City Council should clarify, because the Commission has no authority over this issue. Commissioner Schwartz would like more architectural definition says it is unappealing except on the north elevation. She also thinks that Council should look at this issue again. Commissioner Pizer asked if there is a document that shows where the Council chose not to have sidewalks. He said the project is a good one and he had nothing to add.
MOTION by Commissioner Schwartz to APPROVE the plan with the South, East. and West elevations redesigned to incorporate more articulation. Seconded by Commission Pizer.
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: None ABSTAIN: Commissioner Merl
The Commission asked Director Blumenfeld to send memo by minute order.
12. PARK 98-1 -- PARKING PLAN TO ALLOW A 450 SQUARE FOOT EXPANSION TO AN EXISTING RETAIL BUILDING WITH LESS THAN REQUIRED PARKING AT 802 HERMOSA AVENUE.
Staff Recommended Action: To continue to March 17, 1998 meeting.
Chairman Tucker asked if this was noticed as a public hearing and would there be another notice. Mr. Blumenfeld stated that if the item was continued that there would be no other notices sent. Chairman Tucker stated that plans would be available for review in the Community Development Department in two weeks.
Public Hearing: Chairman Tucker opened the public hearing at 9:05 P.M.
Chairman Tucker closed the public hearing at 905 P.M.
MOTION by Commissioner Perrotti to CONTINUE to the March 17, 1998 meeting.
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
13. TEXT 97-4 -- TEXT AMENDMENT TO MODIFY M-1 ZONE PERMITTED USE LIST.
Staff Recommended Action: To recommend approval to said text amendment.
Director Blumenfeld stated that this amendment is to simplify and broaden the permitted use list in the M-1 zone. Staff listed the existing M-1 permitted uses and the proposed uses for comparison in the staff report. He noted changes in zoning or nomenclature should be 17.28 not 17.26 for Resolution.
Public Hearing: Chairman Tucker opened the public hearing at 9:10 P.M.
Chairman Tucker closed the public hearing at 9:10 P. M.
Discussion
Chairman Tucker questioned not requiring a Conditional Use Permit for some of the uses. Commissioner Perrotti said electric component should be changed to say electronic components; and audio/video to read audio/visual; he added this is a good approach. Chairman Tucker commended staff for sticking with this.
MOTION by Commissioner Perrotti to ADOPT changes to resolution as proposed by staff with modifications of Audio Video changed to audio visual; electric components changed to electronic components. Seconded by Commissioner Schwartz
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
14. SS 96-1 -- TEXT AMENDMENT REGARDING DEFINITIONS OF NONCONFORMING DWELLING UNIT, KITCHEN, ATTIC BASEMENT (EXCLUDE FROM BUILDING HEIGHT) AND HABITABLE ROOM.
Staff Recommended Action: To consider proposed text amendment and direct staff as deemed appropriate.
Director Blumenfeld stated that the proposed changes are intended to provide uniformity in applying development standards and are necessary to help with code enforcement. The intent is to provide clearer definitions in the Zoning Ordinance for project review. He noted that staff was circulating the draft text amendment for Commission review and comment over the next month.
Public Hearing: Chairman Tucker opened the public hearing at 9:15 P.M.
Chairman Tucker closed the public hearing at 9:15 P.M.
MOTION by Commissioner Perrotti to REVIEW draft and talk to staff prior to next meeting regarding same. Seconded by Chairman Tucker
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
HEARING(S)
15. NR 98-1 -- REMODEL AND EXPANSION TO AN EXISTING SINGLE FAMILY DWELLING WITH NONCONFORMING REAR YARD AND DRIVEWAY SLOPE RESULTING IN A GREATER THAN 50% INCREASE IN VALUE AT 615 24TH PLACE.
Staff Recommended Action: To approve said request.
Mike Schubach, City Planner, said that the project conformed to the Zoning Ordinance, although there is concern that 69% of the existing walls are proposed to be removed. He noted that the nonconforming garage set back is minimal.
Public Hearing: Chairman Tucker opened the public hearing at 9:30 P.M.
Chairman Tucker closed the public hearing at 9:30 P.M.
Discussion
Chairman Tucker questioned the driveway. Commissioner Perrotti was concerned about the encroachment and the 2nd floor deck.
MOTION by Commissioner Pizer to APPROVE as submitted. Seconded by Comm. Merl.
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
STAFF ITEMS
16a. Memorandum regarding election of chairman and vice chairman (continued from November 18, December 2, 1997 and January 20, 1998 meetings).
Commissioners were advised that they have the option to rotate chair and vice chair or to maintain, but they should make a decision as this item had been carried over several meeting.
MOTION by Commissioner Merl to MAINTAIN the Commission Chair and Vice Chair. Seconded by Commissioner Schwartz
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
16b. Community Development Department Activity Report of December, 1997.
Receive and file.
CODE INTERPRETATION REGARDING COMMON RECREATION AREA IN CONNECTION WITH 8 UNIT CONDOMINIUM PROJECT AT 1005-1009 MONTEREY BOULEVARD
Director Blumenfeld stated that this item is a request for code interpretation. The centrally located common recreation area in the subject project, required by Condominium Ordinance, is not directly accessible to all units. Staff requested Commission direction on whether the design which varied from the Commission approved plans was acceptable.
Chairman Tucker opened hearing 9:37 P.M.
Mike Mulligan, 2150 Circle Dr., Hermosa Beach, applicant stated that the access problem came up when the stairs to Bayview Drive shown on a plot plan did not account for the egress necessary for 4 bedrooms in the lower corridor. the access became cumbersome and prohibitive. He said that the current design will not be used as a short cut to the beach for intruders, and can be landscaped more fully. He also stated that the code is open to interpretation.
Discussion
Commissioner Pizer asked is there no other way to access the common area, he also asked does the code address accessibility. Chairman Tucker liked the more open area, he stated it provides more light. He asked as long as the common area is provided does it matter where. Chairman Tucker recommends that plan is left with no access off of 10th St. and lower the wall. Commissioner Schwartz asked where were the benches that were to be provided. Commissioner Perrotti asked how far will a person have to walk to get to the common area. He also wanted to know if the second access to 10th St. was, too, cost prohibitive. He asked staff to look at other cities ordinances to see if a standard for accessibility can be achieved in the City's ordinance.
Chairman Tucker MOVED to APPROVE by Minute Order the plan without the direct accessibility from the rear unit. Seconded by Commissioner Pizer.
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
INTERPRETATION REGARDING REPAIR/RECONSTRUCTION OF NON CONFORMING FENCE-1948 VALLEY PARK AVENUE
Director Blumenfeld stated that this is an over height 6 foot wood fence that has been there since the 1950's. The homeowner wants to replace the wood fence with 6 foot concrete wall, due to flood damage. The ordinance provides for the height of 42 inches. He noted that replacing the existing wall at the same height is nonconforming to the Zoning Ordinance, and provided three options for Planning Commission consideration including apply for a fence height variance, treating the new construction as a nonconforming structure or disapproving the request. Staff recommended disapproval.
Discussion
Chairman Tucker asked if the wall fronts on the property. He questioned the line of sight problem at that corner. Commissioner Merl stated that this is not maintaining, rather it is replacing the existing wall. Commissioner Perrotti stated that the applicants letter leads you to believe that there are many other wall and fences that are non conforming; and there is only one other. Commissioner Pizer commented that drainage has nothing to do with the height of the wall. All Commissioners agree if he tears down the other fence it is new construction.
Commissioner Pizer Moved that he replace the existing structure by way of the options available to him by ordinance. by Minute Order. Seconded by Commissioner Merl.
AYES: Commissioners Perrotti, Schwartz, Pizer, Merl, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None
16c. Tentative future Planning Commission agenda.
Receive and file.
16d. City Council Minutes of January 13 and 27, 1998.
Receive and file
17. Commissioner Items
None.
MOTION by Commissioner Pizer to ADJOURN Seconded by Commissioner Schwartz to adjourn at 9:45 P.M.
No objections, so ordered.
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