MINUTES OF THE PLANNING COMMISSION MEETING OF THE

CITY OF HERMOSA BEACH HELD ON MAY 19, 1998, AT

7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS

Meeting called to order at approximately 7:10 p.m. by Chmn. Tucker.

Pledge of allegiance led by Comm. Perrotti.

ROLL CALL

Present: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

Absent: Comm.Schwartz

Also present: Sol Blumenfeld, Community Development Director

Michael Schubach, City Planner

CONSENT CALENDAR

Director Blumenfeld said there was one correction to item 4A, section 2, where the date noted should read April 1 as opposed to May 19. Comm. Merl said he would be abstaining from Items A, B, and C.

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT the minutes and the resolutions.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

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 FROM JANUARY 20, FEBRUARY 17, MARCH 17 AND APRIL 21, 1998 MEETINGS).

Staff Recommended Action: To be continued at applicant's request to the June 16, 1998 meeting.

Director Blumenfeld said the applicant prepared the required geotechnical studies to determine whether or not the balance of the site can be developed, but that it was not submitted in time for review by staff prior to the Commission meeting.

Chmn. Tucker opened the public hearing.

Chmn. Tucker closed the public hearing.

Discussion

In response to a request by Comm. Pizer to summarize the actions of the City Council, Director Blumenfeld said the Council would examine what would be required for a local jurisdiction to assume authority for the mobile home park and to look at the actual configuration of the site and determine whether or not the requirements for setback and development had been complied with.

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to CONTINUE the item to the June 16, 1998 meeting.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

8. PARK 98-2 -- PARKING PLAN TO ALLOW THE SHARED USE OF THE EXISTING REQUIRED PARKING FOR OFF-SITE BUSINESSES AT 200 PIER AVENUE (CONTINUED FROM MARCH 17 AND APRIL 21, 1998 MEETINGS).

Staff Recommended Action: To be continued at applicant's request to the June 16, 1998 meeting.

Director Blumenfeld said the applicant is still in the process of identifying the tenant needs relative to the shared parking issue.

Chmn. Tucker opened the public hearing.

Chmn. Tucker closed the public hearing.

MOTION by Comm. Merl, Seconded by Comm. Pizer, to CONTINUE the item to the June 16, 1998 meeting.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

9. PDP 98-6 -- PRECISE DEVELOPMENT PLAN TO CONVERT AN EXISTING SINGLE FAMILY DWELLING TO A DUPLEX AND TO ADD 534 SQUARE FEET AT 1734 PROSPECT AVENUE (CONTINUED FROM APRIL 21, 1998 MEETING).

Staff Recommended Action: To be continued to the June 16, 1998 meeting.

Director Blumenfeld said there are some issues that have to be worked out with respect to the plans that have been prepared and he said Staff would be working with applicant to get them prepared.

Chmn. Tucker opened the public hearing.

Chmn. Tucker closed the public hearing.

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to CONTINUE the item to the June 16, 1998 meeting.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

10. CUP 98-3 -- CONDITIONAL USE PERMIT AMENDMENT TO CHANGE THE ALLOWED OPERATING HOURS IN CITY ENCROACHMENT AREA (PATIO) FROM 7 A.M. - 9 P.M. DAILY TO 7 A.M. - 10 P.M. SUNDAYS - THURSDAYS AND 7 A.M. TO 11 P.M. FRIDAYS AND SATURDAYS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 837 HERMOSA AVENUE, FAT FACE FENNER'S FALLOON.

Staff Recommended Action: To approve applicant's request.

Director Blumenfeld said this amendment is intended to allow the applicant to operate within the City's right of way to extend the hours for using a patio for outdoor dining to 7 a.m. to 10 p.m. and one hour later on Fridays and Saturdays, and he said these later hours may only present a problem for the residential area immediately to the west but the problem could be mitigated by using a sound barrier. He also said there was one phone call received immediately to the west in opposition to the hour change and one letter was received in support.

Chmn. Tucker said there were two letters received also.

Chmn. Tucker opened the public hearing.

John Bowler, 837 Hermosa Avenue, said they want to serve their customers with longer hours but also in a professional manner to be sensitive to their residential neighbors.

Randy Fortunado, 26 22nd Street, said his patio hours are beyond 9 P.M. and he has not had any problems.

Brian Koch, 53 9th Street, said he and his wife go to work very early in the morning and said any hours later than 9:00 P.M. will impact their lives, especially during the summer.

Chmn. Tucker closed the public hearing

Discussion

In response to a question from Chmn. Tucker, Director Blumenfeld said there are no glass barriers currently around the patio. Comm. Perrotti said Java Central is going to have similar hours but, if there is a problem presented in the future, that there could be another hearing on the noise issue. In response to Comm. Merl's question regarding the glass panels being removable for ventilation in the summer, Director Blumenfeld said that based on the sound study done on Hennessy's, which has similar conditions, Staff recommended installation of a solid sound barrier for this project. Comm. Pizer commented that the downtown is growing and getting busier and there is going to be noise. Chmn. Tucker commented that putting the plexiglass on the north wall and the hours requested are more than fair.

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to ADOPT the resolution as proposed with modification to item 14, rather than having the complete perimeter, it would be the north and west sides of the dining area.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

Chmn. Tucker said the item was appealable for 10 days after the City Council meeting.

11. CUP 98-1 -- CONDITIONAL USE PERMITS AND PRECISE DEVELOPMENT PLAN AMENDMENT MODIFYING THE PHASING OF CERTAIN OFF-SITE IMPROVEMENTS FOR THE BEACH HOUSE HOTEL LOCATED AT 1300 THE STRAND.

Staff Recommended Action: To approve applicant's request and direct staff as deemed appropriate.

Director Blumenfeld said Staff is recommending approval of a phasing plan for off-site improvements. The plan calls for Phase One improvements to Beach Drive except for some special paving treatment at 13th and 14th Street crosswalks, contiguous to the parking structure and Phase Two hotel and 14th Street repavement. He said the terminus of 14th Street and 13th Street would be repaved and an electrical transformer would be relocated underground at 14th Street, and a storm drain would also be completed along Beach Drive. Under Phase Two, 14th Court would be repaved adjacent the Phase Two hotel and 14th Street between Hermosa Avenue and the cul-de-sac on Beach Drive and special crosswalks at 13th Street and 14th Court would be constructed. He noted that Staff was also requesting direction on whether changes to Phase Two of the hotel project should be considered slight modifications. These included: the combination of two meeting rooms and elimination of a spa, and the applicant is requesting that an architectural feature -- "kickers" on the east elevation be removed, and that a low wall be reduced in length in order to accommodate an enlarged planter.

Chmn. Tucker opened the public hearing.

Chmn. Tucker closed the public hearing.

Discussion

In response to a question from Comm. Perrotti, Director Blumenfeld explained that all the special paving treatment is already installed. Comm. Pizer expressed his concern that there may be legal implications for removing the spa. Director Blumenfeld responded to Chmn. Tucker's query about phase two construction by stating that the parking was being done at a remote location until the structure is finished.

Staff directed by MINUTE ORDER that proposed changes were slight modifications.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

MOTION by Comm. Merl, Seconded by Comm. Pizer, to APPROVE the resolution modifying project phasing of off-site improvements.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

12. CUP 98-5/ PDP 98-5-- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25053 FOR A TWO-UNIT CONDOMINIUM AT 1427 MANHATTAN AVENUE.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said Staff's main concern was the amount of concrete in the side yards and some conditions have been provided adding some additional landscaping to soften it a little bit.

Chmn. Tucker opened the public hearing.

Fran Yarelman, 1001 6th Street, representing applicant, said the project does conform to all city codes and is replacing four residential units. She introduced a rendering and said the applicant has no problem with the recommendations of Staff.

Chmn. Tucker closed the public hearing.

Discussion

Comm. Pizer said the project appeared to be plain. Chmn. Tucker said perhaps the stucco needed to be different colors and suggested other architectural improvements.

MOTION by Comm. Merl, Seconded by Comm. Pizer, to APPROVE the resolution with additional condition subject to working with Staff to provide more definition and articulation to the elevations with some kind of rendering or revision presented as part of resolution for Commission review.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

13. CUP 98-8 / PDP 98-9 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25093 FOR A TWO-UNIT CONDOMINIUM AT 1646 LOMA DRIVE.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said the concern on this project is the storage area is being used for these built in vacuum cleaner canisters, the water heaters, and air conditioning. This project does not have adequate storage space as the code requires. He said the landscaping is minimal and there is an additional condition about decorative paving.

Chmn. Tucker opened the public hearing.

Elizabeth Srour, 1001 6th Street, representing applicant, said there is intended to be a sump pump which will drain to Loma Drive, and the mechanical equipment will be on the upper floor.

Chmn. Tucker closed the public hearing.

Discussion

Comm. Pizer expressed concern about the flooding in the garages. Comm. Perrotti said a condition should be added concerning a sump pump. Comm. Merl agreed and expressed concern about the three-quarter bath downstairs. Chmn. Tucker said he would like to see the elevations of the chimneys limited, and he expressed concern with the front elevation on the west.

MOTION by Comm. Merl, Seconded by Comm. Perrotti, to APPROVE the resolution, incorporating the sump pump and the hold harmless agreement, the three-quarter bath in the subterranean level and Staff should review chimney heights to be minimized to no greater than to properly draw.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

Chmn. Tucker said this item could be appealed for 10 days after the City Council meeting.

Chmn. Tucker announced a special airport expansion meeting to be held on Thursday, May 21, 1998.

14. CUP 98-9 / PDP 98-10 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #24988 FOR A TWO-UNIT CONDOMINIUM AT 654 7 TH STREET.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said the architecture has been changed to make the building more attractive, and Staff has added conditions about the 36" boxed trees and about decorative paving.

Chmn. Tucker opened the public hearing.

Cheryl Vargo, representing Anastasi Construction, said the project has a driveway for the front unit off of the street and this particular design allows for more parking on site. She said there are provisions in the CC&Rs now regarding the sump pump so that the owners make sure to maintain them in the future.

Betty Kay, 653, 655, 657 7th Street, expressed concern about parking in front of her unit on the north side of the street.

Chmn. Tucker closed the public hearing.

Rebuttal

Cheryl Vargo, representing applicant, said she encouraged approval of the project as a 30-day delay is quite costly and the changes that are required are minor.

Discussion

Comm. Perrotti said that since the majority of items mentioned in the analysis have been resolved that the revised plans should be reviewed before the next meeting.

MOTION by Comm. Perrotti, Seconded by Chmn. Tucker, to ADOPT the resolution, adding the conditions concerning the sump pump and the hold harmless agreement with the City and that the final approval be adopted when the final resolution is reviewed subject to Staff review of revised set of plans.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

15. PDP 98-11 -- PRECISE DEVELOPMENT PLAN TO ALLOW TWO DETACHED DWELLING UNITS AT 615 11 TH STREET.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said some adjustments need to be made to the finished floor grades because of the slope. He said the project was a little incomplete in submittal requirements as far as showing the critical points on the roof to show the maximum height on the elevations. He said the Commission may want to ask the applicant to save some of the trees.

Chmn. Tucker opened the public hearing.

Cheryl Vargo, representing the applicant, said this is two rental units, and the existing trees would be saved if possible. She said this project does not have a sump pump and would gravity flow to the street.

Vern Saxe, 200 Pier Avenue, said he comes up with a 14 ½ percent slope and by raising the bottom floor we can get it to a 12 percent slope. He said the trees would be looked at by nurserymen and if they are okay, they will work around them during construction.

Elizabeth March, 629 11th Street, said she noticed that on the back house the chimney seems to be quite large and wondered if it could be made skinnier.

Chmn. Tucker closed the public hearing.

Discussion

Comm. Perrotti said a letter had been received which was very similar to a letter received regarding the 610 project across the street. He said applicant has worked with Staff to resolve the problems with the slope and the landscaping. Chmn. Tucker said the architect can fix the grade of the driveway.

MOTION by Comm. Perrotti, Seconded by Comm. Pizer, to ADOPT the resolution.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

A brief recess was taken.

16. CUP 98-7 / PDP 98-8 -- CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25094 FOR A TWO-UNIT CONDOMINIUM AT 850 7 TH STREET.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said Staff would recommend adding one condition about the location of the forced air units.

Chmn. Tucker opened the public hearing.

Elizabeth Srour, 1001 6th Street, Manhattan Beach, said Staff has determined that the project does comply with all the development standards. She said it has a very generous front yard setback. She said all of the concerns regarding the mechanical equipment would be addressed during plan check.

Chmn. Tucker closed the public hearing.

Discussion

Comm. Pizer said the design element should be addressed. Comm. Perrotti said there should be some variation. Chmn. Tucker said there should be a hold harmless for the sump pump. Comm. Merl said there should be some differentiation on the front facade in comparison with the previously approved project.

MOTION by Comm. Merl, Seconded by Comm. Pizer, to APPROV E the resolution, including the sump pump declaration with a notation for Staff to work with the applicant with regard to some minor changes from the prior approved project on Loma.

AYES: Comms. Perrotti, Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comm. Schwartz

ABSTAIN: None

Comm. Perrotti left the meeting at 9:45 p.m.

17. NR 98-5 -- NONCONFORMING REMODEL FOR AN EXPANSION REMODEL TO AN EXISTING SINGLE FAMILY DWELLING WITH A NONCONFORMING GARAGE SETBACK RESULTING IN A GREATER THAN 50% INCREASE IN VALUATION AT 1278 8 TH STREET.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said Staff was making certain it is within maximum height and there was concern about the slope leading to the deck parking space.

Chmn. Tucker opened the public hearing.

Jonathan Stamper, 1278 8th Street, said he was available to answer any questions.

Chmn. Tucker closed the public hearing.

Discussion

Comm. Pizer said the design element should be addressed. Chmn. Tucker said he hoped the auto deck would not interfere with the window for egress. Comm. Merl said getting an additional parking space was good. The applicant said they were planning to stucco uniformly.

MOTION by Comm. Merl, Seconded by Comm. Pizer, to APPROVE the resolution.

AYES: Comms. Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comms. Schwartz, Perrotti

ABSTAIN: None

18. NR 98-6 -- NONCONFORMING REMODEL FOR 220 SQUARE FOOT EXPANSION TO AN EXISTING NONCONFORMING USE DUPLEX WITH ONE (1) PARKING SPACE PER UNIT AT 37 9 TH STREET.

Staff Recommended Action: To approve applicant's request.

Michael Schubach said the bathroom is not going to have any internal access to the house; therefore they are asking for an interpretation as to whether it can be permitted.

Chmn. Tucker opened the public hearing.

Steve Buster, 37 9th Street/38 10th Court, said they will be adding a parking space which will give them the capacity for three cars.

Chmn. Tucker closed the public hearing.

Discussion

Chmn. Tucker said he had a problem with the bathroom and wanted to see the walls opened up.

MOTION by Comm. Pizer, Seconded by Comm. Merl, to ADOPT the resolution, including the elimination of the east and south walls that enclose the patio.

AYES: Comms. Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comms. Schwartz, Perrotti

ABSTAIN: NoneSTAFF ITEMS

19a. Memorandum regarding Nonconforming Ordinance code interpretation.

Director Blumenfeld said Staff is looking for direction with regard to the reconstruction of an existing wall in the front yard of a property. He said the Zoning Ordinance provides for a 42" high wall in the front yard, and he explained that Section 1752 provides some measure of relief for building reconstruction in connection with a nonconforming use that might exist on a property such as substandard yards or inadequate parking and routine maintenance and repairs for window opening enlargements, door openings, plumbing, electrical, or other improvements required under law, but does not address the issue of rebuilding a wall. He said Staff is looking for direction in this area because a property owner is asking for consideration under this zoning provision, and indicates there are certain conditions that need to be mitigated. He said Staff is looking for direction on rebuilding a wall relative to this code provision.

Joseph Di Monda, 3rd Street, Manhattan Beach, representing the owner, said the area of the wall is rather small and is not visible at all from the Strand. He introduced a letter from a P.E., who has said he would not be able to sign off on any wall that would connect with this wall, and they are requesting the Commission grant an interpretation so this wall can be reconstructed in its present state so that the engineer could sign it off.

Mike Caplan, 2515 Hermosa Avenue, said they have endeavored to keep this wall up and are asking for help from the Commission as to what should be done.

Discussion

A discussion ensued between Mr. Di Monda, Director Blumenfeld, and the Commissioners concerning the legal issues involved in removing this wall and then reconstructing a new wall. Chmn. Tucker said that because the P.E. would not sign off that it may be a health and safety issue and said 42" is what is allowed. Comm. Pizer said there have been safety, goodwill, and financial issues as to why these things are addressed but to be fair to everyone, there is always a reason why this wall should be higher. Comm. Merl said the legal problems are convoluted and difficult.

DIRECTION by Minute Order to confirm the Nonconforming Ordinance does not apply to walls and only 42" maximum height wall can be reconstructed in a front yard.

AYES: Comms. Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comms. Schwartz, Perrotti

ABSTAIN: None

19b. Interpretation of zoning requirements and conditions of approval for a three-unit condominium project at 1224 Loma Drive.

Larry Peha, applicant, said they added a choker band at the south elevation.

DIRECTION by Minute Order for choker band instead of belly band and side yard setback.

AYES: Comms. Merl, Pizer, Chmn. Tucker

NOES: None

ABSENT: Comms. Schwartz, Perrotti

ABSTAIN: None

19c. Community Development Department Activity Report of March, 1998.

Receive and file.

19d. Tentative future Planning Commission agenda.

Receive and file.

19e. City Council Minutes of April 14 and 28, 1998.

Receive and file.

ADJOURNMENT

MOTION by Chmn. Tucker, Seconded by Comm. Pizer, to ADJOURN at approximately 10:45 p.m. No objections; so ordered.

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