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 City of Hermosa Beach --- 01-18-00MINUTES OF THE PLANNING COMMISSION METING OF THE CITY OF HERMOSA BEACH HELD ON DECEMBER 1, 1999, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Chairman Perrotti at 7:05 p.m. Vice-Chair Ketz led the pledge of allegiance. Roll Call
Absent: Commissioner Schwartz Also Present: Sol Blumenfeld, Community Development Director Michael Schubach, City Planner Diane Cleary, Recording Secretary CONSENT CALENDAR MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to APPROVE the Consent Calendar. AYES: Hoffman, Pizer, Chairman Perrotti NOES: None ABSENT: Schwartz ABSTAIN: Vice-Chair Ketz 6. ORAL/WRITTEN COMMUNICATIONS None. PUBLIC HEARINGS
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He stated that staff is recommending that the Variance for the ground level open space be granted only with the stipulation that at least 300 square feet (clear from ground to sky) be provided in the front yard area, and that the Variance for the balcony encroachment be denied. Chairman Perrotti opened the public hearing. Elizabeth Srour, 1001 6 th Street, Manhattan Beach, stated she is representing the applicants, and she passed out a zoning map to the Commission. She stated they are requesting to allow the front yard setback of 8 feet from The Strand to qualify as open space and to allow a small portion of this open space to contain a deck projection from the second level. She said the lot is quite small at 2400 square feet and is adjacent to The Strand and a minimal 10 foot wide alley which provides more constraints on how the rear of the property is used. She noted that the project is intended to comply with all of the standards for R1 including height and all of the setbacks. She also pointed out the design standard along The Strand is a 5 foot setback. She said the lots immediately to the east are zoned R2 and to the south are all R2 or R3, and that these lots are small at street to alley, and the constraints would limit the buildable area to a very impractical living area. She indicated that a R2 standard allows a front yard setback of 5 feet and all open space to be contained on decks and balconies. Ms. Srour again stated they are proposing that the primary open space be at the ground level, be contained in the front yard with an 8 foot setback and the rest of the open space be contained in balconies and also a roof deck. She pointed out that there is actually 857 of very usable open space and complies with the standards regarding the open space requirements for R2 use. She said that the plan before the Commission adheres to the spirit of the R1 Zone, complies with the standards of development along The Strand and is a minor exception to the R1 requirement for open space. She stated that staff has indicated support for the interpretation of the required front yard being used as the open space, but they are recommending that it be open to the sky. She stated that staff’s requirement of the 300 quare feet of open space be open to the sky is not necessary in this area and the pattern is totally different. She said the deck is a minor deck that covers the open space at about a third of the 300 square feet. This deck allows some design relief from the front elevation and will not have a negative impact on the adjacent properties. She passed out some photos of the developments immediately north and south of the project. She further indicated that the westerly elevations of the adjacent properties already impede the view area of the proposal. In conclusion, she stated the project is not out of character to what is existing and does not impede future development and sets a standard that is reasonable for the area. Commissioner Pizer asked if this property was recently purchased. Ms. Srour said yes, in the last year. She noted that the property at one time was owned by the family to the north and was their parking. Jerry Heuer, 323 30 th Street, Hermosa Beach, is the applicant and stated they have been Hermosa Beach residents for over 15 years. He said they bought the lot approximately 15 months ago. He stated he was a founding member of the Hermosa Beach Education Foundation and his wife has worked many hours with volunteer activities with the school system. He stated they have enjoyed the lifestyle of Hermosa Beach and always dreamed of living on The Strand. He envisioned a house similar to most of the other houses on The Strand when he purchased the lot. He fears that if they don’t get the benefit of the Variance, the lot is really not developable for their needs because of the restrictions of the look and size. He said this is a home they would like to live the rest of their lives in along with their family. George Spratt, 938 Duncan Avenue, Manhattan Beach, is the designer for the project and pointed out this is a unique two block stretch of The Strand that is not categorized as a through lot and has an extremely narrow 10 foot wide alley which constricts their use of the lot from the rear. He also said the issues of the open space constricts the use from the front of the lot. He also noted the view restrictions that would occur by the adjacent structures. He further indicated that they were trying to develop this project to the open space standards that occur in the R2 Zone which allows the required open space to be covered. He noted that R2 is a 5 foot setback, but they are coming in with an 8 foot setback. He is projecting the balcony into the front yard setback which will remove some vertical bulkiness to the building. He also said this lot is the only vacant lot in this two block stretch along with some other remodeling occurring due to restrictions imposed upon them. He also noted that this project is surrounded by R2 and commercial properties. Commissioner Pizer asked how big the house would be without a Variance. Mr. Spratt stated without a Variance, approximately 900 to 1000 square feet of space would be lost, assuming it is a straight up building. He also indicated that the garage is oversized due to the turning radius requirements and takes up the whole complete back half of the lot. Chairman Perrotti closed the public hearing. Commissioner Hoffman stated the project is a new construction on a vacant lot which is a unique circumstance for The Strand, and staff’s recommendation that consideration of the open space issue can be addressed is very reasonable. However, he cannot see a justification for the encroachment of the deck into the required setback. Vice-Chair Ketz stated that the R1 has a burden of putting the open space on the first floor when very often the living area is on the second and third floors. She also cannot justify an encroachment into the front yard with a balcony. Commissioner Pizer cannot see a reason to grant a Variance and all of the elements are in place, and nothing has changed since the property was purchased. He sees this application as a zoning issue.
Chairman Perrotti stated there are a lot of small lots with new construction in Hermosa Beach that have complied with the standards that are applicable to the lot, and he does not recall any Variances for new construction since he has been a Commissioner. He noted in order to approve a Variance, all four findings have to be met, and he feels he cannot make all the findings. MOTION by Commissioner Hoffman, seconded by Vice-Chair Ketz, to APPROVE VAR 99-8 – Variance from ground level open space requirements and to allow a second level balcony to project to within 3’ of the front property line rather than the required 5’ at 2334 The Strand. AYES: Hoffman, Vice-Chair Ketz NOES: Pizer, Chairman Perrotti ABSENT: Schwartz ABSTAIN: None Motion fails due to lack of majority.
Staff Recommended Action: To recommend approval of said General Plan amendment. Director Blumenfeld summarized the staff report. He summarized the traffic engineer’s memorandum of November 17, 1999 and the Fire Chief’s memorandum of November 24, 1999. He pointed out that there is a supplemental packet of information with signatures in a petition in support of not closing the street dated November 10, 1999. Chairman Perrotti opened the public hearing. Henderson Webb, 847 3 rd Street, Hermosa Beach, stated there are benefits and inconveniences with and without the park. He noted that the area in question was to be a city lot with a house on it and somehow evolved into an access road. He can seen this area all the time, and a park would look much nicer than what is there currently. Katherine Burn, 917 3 rd Street, Hermosa Beach, has lived at her property since 1976. She asked that the Commission approve the General Plan considered on the Amendment on the basis of the quality of life and safety. She stated that a major problem has been the increasingly heavy traffic from Pacific Coast Highway and said that since the barrier has been added, the traffic has been much less with less wrong-way drivers. Further, she stated that the street has been more beautiful and affluent since the barrier has been added, and the street can use some green space in the area. She noted that there are ten children one quarter of the street below her home, and she is concerned with safety. Nicole Webb, 847 3 rd Street, Hermosa Beach, stated it is important to provide a place that is safer for the kids in the neighborhood with some green space and a nicer looking street. She asked the Commission to approve the street closure. Amy Glassman, 1006 3 rd Street, Hermosa Beach, stated she bought her home in March 1999 and were told the park would become a reality. She said they don’t have backyards, and the kids have to go farther away to visit parks. She also said this park would be nice for the community and hopes it will move forward. Phyllis Massick, 422 Ocean View, Hermosa Beach, presented photos to the Commission. She indicated that whenever a street is blocked, the problem is thrown over to another street. She said it has created a mess on 5 th Street, 4 th Street and Ocean View. She said the people on 3 rd Street are parking on Ocean View. She also said she is not opposed to parks but is opposed to blockades. Terri Thomas, 1016 3 rd Street, Hermosa Beach, stated she has lived in her home for nine years. She said she is a Realtor in the area and has seen the neighborhood change dramatically with a lot of new families coming into the area with children. She has noticed a decrease in traffic since the barricade has gone up and has created a safer environment for the new families in the area. She also noted that the aesthetic value of a potential park would increase the value of the homes. Lori Jones, 1026 3rd Street, Hermosa Beach, stated it would be wonderful to have a green park and it would be much safer to keep the street closed. She indicated there are many children who would benefit from the park. Ellen Murphy, 843 3 rd Street, Hermosa Beach, stated this issue has been going on for at least a year and a half and has been to City Council twice and approved both times. She said the majority of the neighborhood is in support of the park and street closure. She said 3 rd Street and Ocean View have less traffic which has been acknowledged by the Ocean View residents. She noted that 3 rd Street, as shown on the City map, has never being officially designated a street. She also stated there has been no impact at all on the local businesses, and their situation has improved since customers can enter and exist off Pacific Coast Highway. She further noted there will be greater traffic and pollution from th increased development in the City, and having some greenery would be worthwhile. David Wagner, 914 3 rd Street, Hermosa Beach, stated he is in favor of the park and stated there were traffic problems before the street closure. He feels it is much more pleasant walking in the area since the street closure. Paul Dorio, businessowner off 5 th Street and Pacific Coast Highway and a resident of 402 Ocean View. He said his home is at the corner of Ocean View and 4 th Street. He reviewed the history of the issues involved and stated that the Council voted to close the street and build a park on two separate occasions. He said he would love to see a park built in the area which would improve their quality of life. Dave Swonic, 834 3 rd Street, Hermosa Beach, is south of Ocean View and 3 rd Street. He disagreed with the traffic increasing on Ocean View and is in support of the park. Chairman Perrotti closed the public hearing. Chairman Perrotti asked if there is any historical use for this land. Vice-Chair Ketz pointed out that in the packet there is a letter stating that in 1954, the land was sold to the City to be used as a passageway between the two streets. Commissioner Pizer noted that this whole project is an excellent example of citizen involvement on both sides of the issue. He indicated that the two basic issues are safety and quality of life. He said the safety can be solved by installing a traffic island to direct the traffic to left turn only up 3 rd Street and putting a barrier near the entrance to the parking lot. He further noted the street should be closed based on the narrow area and quality of life issues. Vice-Chair Ketz indicated a problem with closing a public street that has been in existence for 45 years. She believes traffic does not go away when a street is closed but goes to another area. She indicated that the traffic engineer did not take traffic counts at certain times of the day with a meter, and she feels there is not enough evidence to show that the street should be closed. Commissioner Hoffman stated that given the fact that there is no basis or numbers showing any change in traffic before or after the street closure and it is hard to justify a 25 foot wide street as being intended to be a street, he is inclined to approve the street closure. He said it will still be designated as a walkstreet and could be returned to use in circulation if definitive numbers later show it was a mistake to close the street. Commissioner Pizer pointed out that the numbers regarding traffic accidents showed there was approximately a 41% decrease in traffic accidents due to the street closure. Chairman Perrotti stated he is familiar with the heavy traffic in the area along Pacific Coast Highway and has seen many changes in the area over that last few years. He said he is basing his decision strictly on the recommendations of the city traffic engineer. He indicated that if the lot remains closed, it would be consistent with the General Plan. MOTION by Commissioner Pizer, seconded by Commissioner Hoffman to APPROVE GP 99-1 – General Plan Amendment for permanent street closure and creation of a walkstreet at Ocean View Drive between 3 rd Street and 4 th Street east of Pacific Coast Highway, and adoption of an Environmental Negative Declaration. AYES: Hoffman, Pizer, Chairman Perrotti NOES: Vice-Chair Ketz ABSENT: Schwartz ABSTAIN: None
Staff Recommended Action: To recommend approval of said text amendment. Director Blumenfeld stated he provided a list last week of the multiple residential properties that would be impacted to the speaker who expressed in interest in mailing the public notice to all impacted owners. Director Blumenfeld summarized the staff report. Chairman Perrotti opened the public hearing. Peter Tucker, 235 34 th Street, Hermosa Beach, indicated that whenever there is a building boom, the City Council decides that the buildings are too big or too close together, etc. He further said that when the zoning has been changed, it was done by square footage size but never changed R-2 to R-1. He also noted that in the staff report, 100 square feet of private recreation space for condominiums is being added that can’t be put on the roof top deck. He noted that the R-2 is going to be penalized more than the R-1 based on a percentage. He feels there is not the need for further restrictions, and with the direction from the Planning Commission, nice looking buildings can be accomplished. Roger Creighton stated bulk can be stopped through zoning, and designing isn’t the way to approach this solution. He said that if people wanted large setbacks with gardens, they wouldn’t live in Hermosa Beach. Jan McHugh, 718 1 st Place, Hermosa Beach, stated she was the speaker who requested the list of affected properties owners in R2 and R3, and said she did not receive the information she requested with adequate time to mail it because of the Thanksgiving holiday. She also said she did not receive a detailed letter of the changes that are proposed. Director Blumenfeld stated he provided the list as soon as he received it. He said staff contacted the noticing contractor and got the list on Monday and dropped it off on Wednesday in the week before Thanksgiving when the Commission packet was prepared. He also provided a copy of the agenda so it would be clear as to what would be heard. He said there has been no change in what was discussed and what was presented at the last meeting. Jerry Compton, 1200 Artesia Boulevard, Hermosa Beach, stated he is not clear on the additional recreational open space. Director Blumenfeld stated it is not an additional required 100 square feet. The 100 square feet is already required. He clarified that the proposed requirement is to permit a maximum of 15% of the 200 square feet on the roof deck (the maximum that can be counted on the roof deck would be 30 square feet). Mr. Compton noted that the net effect would be the removal of 120 to 170 square feet of area within each of the units which is a major piece of value. He is concerned with who will be impacted and questioned who really wants these changes. He does not believe this will have any impact on the canyon look concerns, but it will impact the value of the condominiums because they will be smaller and built with lower quality standards. Mr. Creighton requested clarification on the complaints received. Director Blumenfeld stated at every Planning Commissionhearing there are complaints about the design, size and scale of condominiums from those usually adjacent to the projects. He stated he gets complaints regularly when a project construction starts concerning mass, size and scale. Director Blumenfeld clarified that the results of the Text Amendment will tend to reduce the volume of the building, and require that open space formerly on the roof be provided in and around the building. He further said that this will help articulate the building. Mr. Creighton expressed concern that these changes will create smaller units and will discourage family ownership. Mr. Tucker requested clarification on any changes regarding the current open space requirement of 50% being accessible from the living area. Director Blumenfeld stated there is no change being proposed. Mr. Compton requested that the 50% open space required next to a living area be put in the Code. Chairman Perrotti closed the public hearing. Commissioner Hoffman stated he is not persuaded that the change in the open space requirement will have the desired aesthetic results and is not inclined to support it. He further stated also that he is not inclined to do anything that would have a dramatic reduction in the amount of parking required off street and therefore, is also not in support of this change. Vice-Chair Ketz supports both of the changes and feels that three parking spaces for a single family home is excessive, and also open space on a roof deck is not really open space because nobody uses it. Commissioner Pizer agrees with the changes. He suggested replacing the wording "first and second level" with "other" in Section 2.2. He further suggested including the 50% access from living areas be included. Chairman Perrotti stated staff and the Commission have spent a lot of time over the last few months working on these issues. When this first came to the Commission, he said the three major issues involved were the parking issues, setbacks for the upper floors and the open space. He stated that he agrees with the changes to the R1 parking requirement. He would like to see the elimination of tandem parking in the future on some of the lots that have access only from the front of the lot. He stated the open space change is a compromise and is a way of reducing some of the bulkiness. He indicated that it will allow the architects and engineers the flexibility to look at ways to reduce the bulkiness without excessive restrictions. Commissioner Pizer requested that tandem parking only be permissible for the unit in which it is adjacent to and not be permitted for the common guest parking spot. Director Blumenfeld stated staff will work on this as part of the package. MOTION by Vice-Chair Ketz and seconded by Chairman Perrotti to APPROVE TEXT 99-1 – Text amendment to consider changes to residential development standards in R-2, R-2B and R-3 Zones and residential parking requirements, and amending Section 2.2 replacing "first and second level" with "other," and Section 3.1.J. adding "Only decks immediately adjacent to livable areas shall be counted as open space with the 50% provision." AYES: Pizer, Vice-Chair Ketz, Chairman Perrotti NOES: Hoffman ABSENT: Schwartz ABSTAIN: None The Commission took a break at 9:10 pm. The Commission reconvened at 9:20 pm. HEARINGS
Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report and reviewed the history of the application. He stated the correct parking signing is still not in place and staff is still missing a final plan submittal indicating the conditions for noise attenuation for the properties along Palm Drive. He reviewed the issues of parking, conversion to floor area, noise complaints, nuisances, fire inspections and conditions of the CUP. He stated the issue before the Commission is to provide direction to staff with respect to the extended hours of operation. Chairman Perrotti questioned if the ABC has jurisdiction over the hours of operation. Director Blumenfeld stated that the ABC has input as to how the business operates. Chairman Perrotti opened the public hearing. Mark Marrone, 934 Hermosa Avenue, Ibiza Restaurant, requested clarification on the changes of hours of operation. He stated their restaurant had a full page review in the local paper with positive input, and he feels it will benefit Hermosa Beach. He said their restaurant is a fine restaurant with a mature clientele. He stated people should not live in a business district if noise is a problem. He indicated that the police have come to their establishment and indicated there is not a noise problem, and they have never been issued a citation. He feels that Hermosa Beach will be hurt if the City does not help the businessowners. Chairman Perrotti reviewed the letter in the packet from the Fire Department. Mr. Marrone stated they have never been issued a citation, and he said they have counters at the back and front doors. He said there was a discrepancy in the occupancy load. He noted that the occupancy load still says 211 above the door, and that number is on their set of stamped plans by the architect plans that are stamped approved by the City. Director Blumenfeld clarified that the occupancy load is based on 15 square feet per person and that the approved plans do not indicate 211 persons. Commissioner Hoffman questioned the issue of the converted garage to floor area. Director Blumenfeld stated staff has still not gotten full compliance on the parking plan which includes this area. Mr. Marrone stated that the garage area has no seating or dining and the plans are not denoted as storage area. The new exit door onto Palm Drive is in place and approved by the City. Lois Hines, 925 Manhattan Avenue, Hermosa Beach, stated she has lived in the same area of Hermosa Beach since 1946 and built their home 29 years ago. She said all the homes along Palm Drive were there way before any of the restaurants ever came in. She stated the neighborhood was quiet until the restaurants moved into the area. She indicated that Ibiza has extremely loud drum music on Thursday, Friday and Saturday nights, and they cannot sleep until the restaurant closes. She stated they have a rental on the back of their property with an emergency exit, but this door is open all the time with people coming and going all hours of the night. She said their tenant also cannot sleep, and they have installed double pane windows. Their tenant will move after living there for many years if the noise level is not brought down. She noted that no one would buy their home if they knew they couldn’t sleep in their master bedroom three nights a week. She said her husband and a neighbor spoke to the manager and chef of the restaurant when it first opened and complained about the drum music. The music only got louder, and she was forced to call the police along with her other neighbors. She stated that around 11 pm, the music and customers get louder. She noted that the noise comes up out of the patio area. She also noted they cannot keep their windows open at night and enjoy the relaxing sounds of the ocean waves, and indicated that the restaurant has no consideration for the neighbors. Gary Zimmerman, 928 Palm Drive, stated that a CUP tells a potential businessowner that you can conduct business in town if certain conditions are complied with. He stated that six months ago, Ibiza was granted an opportunity to demonstrate their good faith, be good neighbors, keep their promises and respect the local residents. He said they have failed. He also indicated that the CUP cannot begin to describe the suffering that Ibiza has caused the local residents, and he stated that Ibiza has clearly demonstrated a reckless disregard for their CUP and lack of consideration for their neighbors. He pointed out that since he lives right behind the restaurant, he has experienced a constant noise from the music that comes straight through their doors and into his bedroom window as a steady drumbeat until 2 am or later, not allowing him to fall asleep or sleep at all. He said there is also noise from the patrons who freely exit two doors on Palm Drive making noise, urinating and getting ill in front of his home. He stated there is a continual crashing of glass before and after the closing as they dump bottles into the recycling bin across from his bedroom window going on for hours at regular intervals. He said he has started spending weekend nights away from his home so he can get to sleep before 3 am. Mr. Zimmerman indicated also that last Labor Day weekend was especially painful with noise and drum beating occurring until 4:30 am. He noted the music was coming from behind the south door and apparently this area has been converted to a restaurant extension which is a violation of the CUP. He cannot believe they are asking for an extension of their hours after six months of weekly noise, loss of sleep, peace and quiet. He requested that the Planning Commission reduce their operating hours and their liquor license back to beer and wine. He requested that the Commission look at their own CUP review, listen to the neighbors and learn from the clear example that Ibiza itself has provided the Commission over the last six months. He indicated that the City owes its first allegiance to its residents. He also indicated that if Ibiza is granted extended hours, he will be forced to leave and move from his home. He asked the Commission to show that in Hermosa Beach that the well-being of the residents truly come first. Jay Hart, 915 Manhattan, stated he was assured that Ibiza would be an upscale classy restaurant with consideration to the neighbors. He said the restaurant is neither an upscale, classy or a restaurant and is in fact a nightclub. He stated there is a dance floor inside the door with no seating. He noted that during construction of their new alley walls, they used his outside water and hose, even after he had removed the hose and key. He also said they left a large mountain of sand across from one of his garages which is still there. He stated concerning the noise, he can easily hear the thump from the sub-woofers in his bedroom which is approximately 100 feet from the rear wall of the dance floor. He said the noise emanates from every vent, crack and opening in the building, and the noise magnifies ten fold when the rear door is open. He said deliveries are made at night through this door, and the speakers blast out into Palm Drive. He also stated that the delivery man was told to deliver through that door. He noted that the trash on Palm Drive has been used as Ibiza’s personal dump with sand, bags of concrete and daily dumping of mop buckets containing unknown substances as well as the 2 am dumping of their bottles in the dumpster. He stated that Hermosa Beach does not need a business like this. Grace Ortiz, 131 10 th Street, Hermosa Beach, stated she lives one half block around the corner from the Ibiza Restaurant. She stated that the noise level on the weekends is particularly very loud. She indicated that she cannot sleep at night and has gone to wearing earplugs. Also, she said that the other residents in her building have complained about the noise. Micki Smallman, 920 Palm Drive, Hermosa Beach, stated she lives directly behind the restaurant. She indicated that the noise is the issue, and a lot of the noise is coming from the outdoor patio. She stated the establishment is not a restaurant but is a bar. She also stated she has lived there before this restaurant came in and was in favor of it when it first came in. She agrees not to extend the hours and to close them at 11 pm seven days a week just like all of their neighbors. She stated the residents are all long-term and do not deserve this inconvenience. Ms. Scott, 150 10 th Street, Hermosa Beach, stated she came to support her neighbors and feels very strongly about the noise problem. She stated she has lived in the community since 1965 and owns properties in the City. She said there are many people in her building who complain of the noise. She noted that the noise from the restaurant is intolerable and impacts her quality of life. Thorn Davis, 920 Palm Drive, Hermosa Beach, stated he has lived in his building for eight years and has had the opportunity to speak with the owners of the restaurant and agreed to give them a chance. He noted they have not fully complied and have not cleaned up their dust, dirt and sand from their construction. Also, the noise is a problem and whenever the doors are open, it is very loud. He stated that his bedroom is in the back of the unit, but he can still hear the noise very loudly with his doors and windows closed. He said he is awakened all hours and cannot get to sleep. He said he has called the police a number of times, and they have said there is a problem. He cannot understand why the restaurant has not been cited. He also said there have been many deliveries in the back and the delivery area in the front has not been used. He indicated that patrons go outside on their cellular phones and yell as they speak due to the high volume of noise. He also noted damage to his vehicle. He believes that their CUP should be disapproved. Rebuttal
Kevin Wall stated he is at the establishment everyday and four nights a week.. He stated the overcrowding has been corrected, but the noise issue is the biggest concern currently. He said the police come every Friday and Saturday night and have not cited them and have said everything is okay. He said they can address the type of music they are playing and lower the volume. He said they are willing to correct the problem with the noise. Chairman Perrotti asked if speakers are on the patio. Mr. Wall stated there are speakers under the windows, but they are turned off at 11 pm. Director Blumenfeld pointed out that there needs to be a plan prepared that shows the full extent of the work that occurred at the rear of the property. He said that they also need a plan that describes how the improvement is made or is going to be made. He said this plan has not been received by the applicant. He stated that staff has done all they can to make sure that the applicant is in full compliance, and the owners are aware of this requirement. Commissioner Hoffman also asked if there are speakers in the patio. Mr. Wall stated there are speakers on the patio but not on the courtyard. Chairman Perrotti closed the public hearing. Commissioner Pizer stated the reason he was originally opposed to this application was because he went by this establishment and heard the noise himself. He said it appears that the restaurant is a profit making venture, but they are not good neighbors or cooperative with the City. He noted that it is ridiculous that they have not complied for six months with the plans, and particularly, when they knew they were to be reviewed again. He asked if there are any standards for noise compliance in the patio. Director Blumenfeld said yes but is difficult to implement this provision in the Noise Ordinance. He further stated that the CUP regulates the hours the business is open but does not regulate the operation of the business when it is closed. He stated if the Commission wants to make a change to the CUP, it has to be agendized, noticed and formally amended. Commissioner Pizer agrees that their hours of operation should be limited to 11 pm. Vice-Chair Ketz asked why the Commission cannot enforce the Noise Ordinance. Director Blumenfeld reviewed how noise is measured and stated it is difficult to implement. Vice-Chair Ketz suggested implementing a noise study with a qualified acoustical engineer. Commissioner Hoffman stated there are issues involved which are omissions or problems with the original CUP. He noted there is obviously a problem due to the response from the neighbors. Chairman Perrotti stated that although the property is zoned commercial, he does not consider it a commercial district and the area is mixed use with residential. He feels that the operation hours should reflect the area. He is not convinced that a restaurant has to be opened seven days a week until 2 am in order to be successful. He stated that it was a good compromise by City Council to keep the later hours on the weekend and reduce the hours during the week. He would like to see more cooperation between the management, neighbors and staff. He agrees that the hours should not be extended. Commissioner Hoffman agreed and this item should be looked at again in six months. Vice-Chair Ketz would consider a revocation hearing if the applicant does not keep their noise level down, does not meet the CUP or does not get their Certificate of Occupancy within six months. Commissioner Pizer suggested giving them two months to comply. The commissioners agreed. MOTION by Vice-Chair Ketz and seconded by Commissioner Hoffman to DENY the extension of the hours of operation and to come back in two months with a final Certificate of Occupancy and some resolution to the noise for the Ibiza Restaurant at 934 Hermosa Avenue. AYES: Hoffman, Pizer Vice-Chair Ketz, Chairman Perrotti NOES: None ABSENT: Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. Director Blumenfeld stated that staff has requested to pull this item. He said that the owner has been advised that they will need to process this land division in another method, and indicated that the City Attorney has advised that staff cannot proceed as originally planned. 12. STAFF ITEMS
Director Blumenfeld summarized the staff report. He reviewed the current text versus the suggested text. He suggested that in addition to the Text Amendment under "suggested," that the "exceptions" could be eliminated for clarity. Commissioner Hoffman stated that changing what could be built becomes an issue if the "exceptions" are removed. The Commission AGREED by Minute Order with the suggested changes but not to exclude the "exceptions".
Director Blumenfeld stated that this item has been continued due to plan items still needing to be resolved.
13. COMMISSIONER ITEMS Chairman Perrotti stated he gave an analysis and letter to Stephen Burrell approximately two years ago on modifying the language in the Zoning Code concerning assessments in the Condominium Section. He requested an update on the status regarding this issue. Commissioner Pizer requested the status on the separate bike path that was proposed. Director Blumenfeld stated this item has been resolved and is being considered and will be brought back to Council. Commissioner Pizer also requested the status on the Pier project. Director Blumenfeld stated there is a bid on the project for the design, and the retrofit is going forward. 14. ADJOURNMENT MOTION by Vice-Chair Ketz and seconded by Commissioner Hoffman to ADJOURN the meeting at 10:40 pm. No objections, so ordered. |
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