|
|
 City of Hermosa Beach --- 03-21-00
MINUTES OF THE PLANNING COMMISSION METING OF THE CITY
OF
The meeting was called to order by Chairman Perrotti at 7:08 p.m. Commissioner Hoffman led the pledge of allegiance. Roll Call Present: Commissioners Hoffman, Pizer, Schwartz, Chairman
Perrotti
Also Present: Sol Blumenfeld, Community Development Director
CONSENT CALENDAR Chairman Perrotti corrected the opening and closing of the public hearings on pages 5 and 7 of the January 18, 2000, minutes. Director Blumenfeld noted the correct spelling of Bill Graw on pages 7 and 8 of the January 18, 2000, minutes. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE the January 18, 2000 minutes as amended. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
ITEMS FOR CONSIDERATION RESOLUTION P.C. 00-7 – DENYING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 36 PIER AVENUE, ZEPPY’S PIZZA. Director Blumenfeld indicated that a formal Resolution is necessary to clarify the Commission’s action prior to City Council’s consideration on the applicant’s appeal. He said staff has attached a draft resolution, with draft findings, to formally deny the request. MOTION by Commissioner Hoffman, seconded by Commissioner Schwartz, to ADOPT Resolution P.C. 00-7 to deny a Conditional Use Permit for on-sale beer and wine in conjunction with a restaurant at 36 Pier Avenue. AYES: Hoffman, Schwartz, Pizer
6. ORAL/WRITTEN COMMUNICATIONS Roger Creighton questioned the allowance of a caretaker’s unit in mini storage facilities in Hermosa Beach. Director Blumenfeld stated that the Body Glove property requested that the City consider adding caretaker’s unit to the permitted use list but withdrew the request. The project has been issued a building permit, and the plans have been approved for the mini storage facility. He clarified that the text amendment has not been approved for a caretaker’s unit. He also indicated that the project across the street from City Hall differs from the Body Glove property as it is a legal nonconforming project, and the owner is submitting plans and will obtain a building permit to provide the unit. Pete Tucker, 235 34th Street, Hermosa Beach, stated the Council approved the project, 4 The Strand, a few months ago denied by the Commission. He expressed concern that this project should not have been issued a building permit and may be in violation of the Uniform Building Code. Director Blumenfeld indicated that the building conforms to the Building code requirements of openings within 3 feet of a property line, and also conforms to the requirement of openings adjacent a public way or a street. PUBLIC HEARINGS
Staff Recommended Action: To continue to March 21, 2000 meeting. Director Blumenfeld explained that the applicant is requesting to continue the project for the last time to the March 21, 2000 meeting. Chairman Perrotti opened the public hearing.
Chairman Perrotti closed the public hearing. MOTION by Commissioner Schwartz, seconded by Commissioner Pizer, to CONTINUE CON 99-30/PDP 99-36/VAR 99-7 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25678 for a conversion of an existing duplex into a two-unit condominium and Variance to the 30’ height limit at 1136 – 1140 Monterey Boulevard. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To continue to March 21, 2000 meeting. Director Blumenfeld indicated that the applicant is requesting to continue this item to the March 21, 2000 meeting. Chairman Perrotti opened the public hearing. Marjorie Holden, owner of 18 20th Street, Hermosa Beach, expressed concern with a 1 foot front setback. Chairman Perrotti stated that the Commission has to make certain findings before a Variance can be approved. Director Blumenfeld clarified that the applicant is considering whether or not to deal with the nonconforming of the front yard and open space or to bring the project into conformity with the Zone Code. Chairman Perrotti closed the public hearing. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer to CONTINUE PDP 00-3 – Precise Development Plan for addition of a second unit to an existing single family residence and the remodel of an existing garage at 43 20th street. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He indicated that the architect has provided new plans which meet the requirements of the open space. Chairman Perrotti opened the public hearing. Elizabeth Srour, 1001 6th Street, is representing the applicant and owner and she addressed the issues raised by staff. She indicated that the intent of the design is to comply 100% with the Code with the proposal substantially under the lot coverage and under height, and the architectural detail has been included to provide relief on both street elevations. She noted that the lower deck has been squared off and increased in size while the upper deck has been reconfigured and reduced in size, exposing 50% of the lower deck to the sky. Also, half of the required open space is accessed from the main living area. She stated that the front stairs will be pulled back, and the rear stairs on the rear unit in the side yard will be open in two directions. She further pointed out there is a curb cut on 2nd Street which will be closed up allowing more parking. She noted that there is a motor court between the two buildings for private parking and guest parking. She stated that the side yard fence on the east side will be taken care of during plan check to meet all requirements. Commissioner Schwartz questioned the dimensions for the guest parking space. The architect stated that the block wall will be 6 inches with 8 foot 6 inches clear inside. She also said there is room in the garage, and the wall can be moved back. Chairman Perrotti closed the public hearing. Commissioner Schwartz stated the project is nice looking, but she is concerned with the guest parking tucked back behind the two car parking. Chairman Perrotti pointed out that the applicant has agreed with the proposed Resolution, and the issues from staff have been resolved. He said he would also like staff to work with the applicant concerning the parking area. MOTION by Commissioner Pizer and seconded by Commissioner Schwartz to APPROVE CON 99-32/PDP 99-38 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25750 for a two-unit condominium at 601 2nd Street, with the condition that the applicant work with staff to make the guest parking accessible. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. Chairman Perrotti opened the public hearing. David Olin, 1243 Palm Drive, Hermosa Beach, indicated he is the designer of the project and presented a color elevation to the Commission. He requested some flexibility in measuring the height of fences and walls relative to the existing grade, as the side yard access on some of the lots can become difficult. Director Blumenfeld commented that matter related to establishing the datum for measuring building height can always be referred to the Commission. Chairman Perrotti closed the public hearing. MOTION by Commissioner Schwartz and seconded by Commissioner Hoffman to APPROVE CON 99-33/PDP 99-39 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25751 for a two-unit condominium at 1214 Monterey Boulevard. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To continue to March 21, 2000 meeting. City Planner Schubach indicated that staff just received notification that the applicant wishes to continue this item. Chairman Perrotti opened the public hearing. Chairman Perrotti closed the public hearing. MOTION by Commissioner Hoffman and seconded by Commissioner Pizer to CONTINUE VAR 00-1 – Variance to allow the expansion and remodel of a building with nonconforming front and side yards at 122 2 nd Street with the following variances: 1) Lot coverage – 73% rather than maximum 65%; 2) Increase in valuation of nonconforming building greater than 100%; 3) Parking – no guest parking rather than required one space. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To validate that two dwelling units are legal nonconforming, but to deny the requests to validate the conversion of the garage, and other existing violations on the property. Director Blumenfeld summarized the staff report and indicated this project came to light in connection with unpermitted construction on the property. The issue before Planning Commission is whether the property can be deemed legal nonconforming. He indicated that based upon staff’s research, it can be determined that there are two dwelling units that are legally nonconforming on the property. However, there has been no evidence presented that validates the conversion of the easterly garage to a bedroom or the enclosure that created the westerly bedroom, both of which have Building Code and zoning violations. He further indicated that with respect to the building permits, staff felt it was not appropriate to allow the owner to continue, particularly with the issues in questions. Commissioner Pizer questioned the permits that have been granted throughout the years. Director Blumenfeld said there is some permit history, but not enough to demonstrate that the rooms in question are legally permitted. Chairman Perrotti opened the public hearing. Rick Icaza, 77 14th Street, Hermosa Beach, stated he purchased the property in 1984 and received a residential report from the City which indicated that the property was a duplex with eight rooms and four bedrooms and two car parking, and further, this was clear in the real estate agent’s application. He also said there is an enclosed garage with permitted parking in the front of the building. He stated that the structure has been used as a bedroom for over 40 years with a Variance obtained by the owner of the building. He also indicated that there is a copy of the building from the Building Department which shows that the west bedroom was in existence in 1962. Also, he commented that when he obtained the residential report, there was no mention of any violation with the garage being used illegally. He further pointed out that there is a curb in place to service the parking with respect to the paved parking. Ralph Toliver, owner of the properties at 75 and 75 ½ 14th Street, Hermosa Beach, stated he has lived there for almost 40 years. He indicated that the bedrooms have always been in existence. John McGloflin, 75 14th Street, stated he has lived at this residence since 1980, and is aware that the bedrooms have been there for the last 20 years. Judy DeAngelo stated she represented Mr. Icaza when he purchased the property. She said it has always been her policy to go to the City to check out the building records, and it was represented to her by Betty Ryan, the listing agent, that the property was eight rooms, two bedrooms and one bath in each, and one enclosed garage with three parking spaces. She said there is a drawing of the property by the previous owner which looks as the property looks currently. Betty Ryan, listing broker for the property, expressed that the property is substantially the same as it was when it was sold in 1984. Louis Liets, Architect for the property, stated he received a sketch from the City’s files which shows in 1962 the permitted parking. Further, he reviewed other issues that have not been in compliance with the Building Code. Chairman Perrotti closed the public hearing. Commissioner Schwartz would like to receive further information particularly on the Variance before a decision is made on this item. Chairman Perrotti stated the Commissioners and staff need further time to review the material and Variance in question and this item should be continued. MOTION by Commissioner Schwartz and seconded by Commissioner Pizer to CONTINUE L-5 – Legal Determination on whether the two dwelling units and conversion of a garage to a bedroom existing were lawfully created and constitute a legal nonconformity at 77 14 th Street / 76 15 th Court, to the March 21, 2000 meeting. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To recommend approval of said text amendment. Director Blumenfeld summarized the staff report and indicated Commission had looked at this issue in detail in the previous hearing. He corrected on page 9, line 13, of the Resolution to 17.52.035. Also he corrected on page 9, Section A, line 19, second sentence, to read "Expansion and Remodeling are subject to the requirements of Section 17.52.030 if the building or buildings do not have the required guest parking or garage setback." Chairman Perrotti opened the public hearing. Chairman Perrotti closed the public hearing. MOTION by Commissioner Pizer and seconded by Chairman Hoffman to APPROVE TEXT 00-1 – Text amendment regarding nonconforming remodel Section 17.52 , as modified. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To recommend approval of said text amendment. Director Blumenfeld summarized the staff report. Commissioner Pizer inquired about the term the "face of the building." Director Blumenfeld indicated that the term refers to the finished exterior surface of a building. Commissioner Schwartz requested correction of "batthouses" to "bathhouses" in the suggested language and Resolution. Chairman Perrotti opened the public hearing. Pete Tucker, 235 34th Street, Hermosa Beach, pointed out in the suggested language that garages are not an accessory building and should be removed from this language. Director Blumenfeld noted that the Zoning Ordinance does define garages as an accessory structure. Chairman Perrotti closed the public hearing. MOTION by Commissioner Hoffman and seconded by Commissioner Schwartz to APPROVE TEXT 00-2 – Text amendment regarding lot coverage exception Section 17.04, as amended with corrected spelling. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. Chairman Perrotti opened the public hearing. Cheryl Vargo, representing the applicant, indicated that they have provided the following:
Chairman Perrotti closed the public hearing. Commissioners Pizer and Schwartz noted that the structure is somewhat plain with little articulation. MOTION by Commissioner Pizer and seconded by Commissioner Hoffman to APPROVE CON 00-1/PDP 00-1 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25869 for a two-unit condominium at 1141 and 1145 Cypress Avenue (previously 1119 Cypress Avenue). AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
The Commission took a break at 8:50 p.m.
HEARINGS
Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report. He reviewed issues involving parking, conversion to floor area, noise complaints and nuisances, outdoor seating and interior seating layout, fire inspections, and options which the Commission can pursue relative to the matter. He said the Fire Chief and a member of the police department are present this evening as requested by Commission. Chairman Perrotti opened the public hearing. The Fire Chief expressed concern with the occupancy load as well as obtaining the proper building permits for additions and completed items. He noted that the occupancy load needs to be posted and be consistent with the function and use of the building. Director Blumenfeld indicated that the occupancy load is posted but should be at 156 total. The Fire Chief stated that their recent calculations are at 103 for the main restaurant load plus 53 for the patio for a total of 156. Director Blumenfeld pointed out that on the plans, there is a storage area which is being used as part of the restaurant. He also said there is a problem with noise transmission through an exterior door, since there is no longer a second wall separating the alley from the restaurant. Sergeant Jaakola of the Police Department stated that most of the complaints deal with noise. He said they responded to 63 incidents with 45 being noise related. He further said that 11 of the incidents were unfounded. He also said there were 34 incidents at a loud level of noise that the officers observed. He noted that the management has been cooperative on the short-term, but no permanent steps have been taken to solve the problems. Also, there is a constant entry and exit from the door adjacent the courtyard with the noise carrying outside. Commissioner Hoffman asked how many calls have come from the same person. Sergeant Jaakola indicated that earlier in the year, the same person called repetitively. He said, however, after this, there have been several people complaining. He also noted that the sound tends to carry into the area across Palm Drive. Commissioner Pizer inquired about a security check. Sergeant Jaakola stated that it is initiated by the officer who conducts a security check, walking through the establishment or around the parameter and speaking to the management. Sergeant Jaakola also noted that most of the complaint calls came in later in the evening. He also indicated that most of the complaints in this particular area are related to this establishment. He confirmed that noise has been coming from the patio, and the rear door tends to remain open causing more noise problems. Jay Hart, 915 Manhattan Avenue, stated he is directly behind Ibiza. He indicated that since the last December Commission meeting, the situation has changed little. He said the noise level is unacceptable and the alley is still being used as a dump. He expressed that the owners of Ibiza are not responsible members of the community nor are they resident friendly. He noted the surroundings of the restaurant are not relaxing and the music is dominating. Also, the Fire Department has found the standing room only approach dangerously overcrowded. He pointed out that the exit door is hallow and the self closing mechanism does not work properly. He also pointed out that the storage area has turned into a dance floor with a TV and seating. He indicated that the bar has increased with the dining area decreased. He stated the restaurant is running as a nightclub. He concluded that the owners carelessly disregard public safety and environmental health and provide fraudulent statements, which are all reasons to revoke the CUP. Lois Hines, 925 Manhattan Avenue, stated that since the last December Commission meeting, their problems with Ibiza have not resolved. She said on New Years Eve, bottles were dropped into bins at 1:30 a.m., 1:55 a.m., 2:05 a.m. and 2:15 a.m. She also said the music is still coming up over the top of the building into her second story bedroom. She said the emergency exit door is still being used by customers. She questioned her rights as a neighbor. Scot McMurray, 926 Manhattan Avenue, asked the Commission to revoke Ibiza’s CUP. He said he lives 150 feet away to the east, and even at this distance, he said the music is extremely loud. He also said even with double pane windows, he has been kept awake every Friday and Saturday night at least until 2:30 a.m. He believed that the business has failed to get along with the residential neighbors, and he asked the Commission to be sympathetic to the neighbors’ concerns. Brian Koch, 53 9th Street, stated this last summer was very noisy. He noted that California Beach closed at 11:00 p.m. He also agreed that Ibiza is a bar with an open patio, and it should not be in this neighborhood. He asked that the hours be changed or that the CUP be revoked. Gary Zimmerman, 928 Palm Drive, stated that the owners gave a favorable review of their restaurant at the last meeting, but the City should not have to choose between a good restaurant and the welfare of the residents. He reviewed the problems with the owners’ attitude and not complying with the CUP, the exiting doors, the outdoor patio, noise on holidays, construction debris behind the restaurant and the use of restaurant space added on illegally. He pointed out that after this two-month extension and enormous pressure, the owners have still not complied or fully cooperated. He questioned setting a bad precedent by giving them extended hours and more chances. A resident expressed the enforcement of CUP’s, and asked for peace and quiet in the neighborhood. She also questioned Ibiza’s liquor to food sales ratio. She further would like to see the hours changed or a revocation of the CUP. Duan Davis, 920 Palm Drive, requested the revocation of Ibiza’s CUP, and he reviewed the problems with the owners’ irresponsibility, the establishment being a bar, the noise issues, the exiting doors, deliveries, police calling, parking, odors and trash and patrons of the restaurant. Lance Craig, Hermosa Beach resident, expressed that the group of people living on Palm have a vendetta against the restaurant, and the restaurant is being singled out. He believed that Ibiza is a nice restaurant with a nice atmosphere. He also pointed out that Ibiza does not have the problems that occur on Pier Avenue. Mark Marrone, owner of Ibiza Restaurant indicated that the noise problem has gotten better, and it will continue to get better. He said there are no more sub-woofers or a DJ on the weekend. He said he is a father of three and has put everything he has into the restaurant. He indicated that if they cannot keep the 2 a.m. hours on the weekend, the restaurant will have to shut down, as they will lose too much revenue. He requested to find a way to work out the problems with the residents. He indicated that their restaurant is very upscale, and they need the bar business along with the restaurant business to survive. He further said they have covered the patio. He said the approved stamped plans show a 221 occupancy level, and he noted that the plans do not indicate a storage area. He said that this area is now used as a waiting room, and the speakers have been removed. Chairman Perrotti asked if there are speakers in the outdoor area. Mr. Marrone said there is a small speaker in the patio which gets shut off at 10:45 p.m. He also noted that the music from The Lounge can be heard behind Ibiza at a very loud level. He said there could be patrons coming from Pier Avenue creating noise early in the morning hours. He indicated that no more bottles will be dumped after midnight, but he pointed out there are people who go through the dumpsters collecting bottles late at night. He stated that they have hired another security guard who makes sure no one goes through the door on Palm Drive. He also said he sees no one using that door. Chairman Perrotti questioned the plans showing the area in the rear as a "storage area," and also the door not working correctly. Director Blumenfeld clarified that the plan checker requires that every room on the plans be identified and may have noted something on the plans but this is a building plan check notation only. The plan approved by the Planning Commission indicates storage which is the only use permitted for this area. Director Blumenfeld indicated he checked the door during the evening of February 4th and the self-closing mechanism did not work and he had to push the door into the closed position. Mr. Marrone apologized to the residents and requested that he be given a chance to correct any further problems. Mr. Marrone said he will correct the mechanism on the door. Chairman Perrotti closed the public hearing. Commissioner Hoffman indicated that many of the issues discussed this evening have been irrelevant. He stated that a large amount Ibiza’s business is a bar business currently, and the building has structural problems located in the wrong area. Commissioner Schwartz remembered that when this item first came before them, this restaurant was going to be an alternative to fine dining and would not be like the other restaurants on Pier Avenue. She expressed disappointment with the problems the restaurant is causing and has not been operating as a good neighbor. She felt the trust has been abused and recommended a revocation of the CUP. Commissioner Pizer stated that being a good neighbor means you are responsive to problems. He believed that the neighbors are irritated and the problems have not changed. He also believed that the problem solving at this point is too late and a revocation hearing to modify the CUP, particularly to the outdoor patio and hours of operation, along with Code enforcement, is in order. He pointed out that there has been excessive resources used in terms of staffing, the Fire Department and Police Department. Chairman Perrotti stated that the owners have to focus on the problems occurring in the area. He noted that in September 1998, the majority of the Commissioners concluded that the rear area would be used as a storage area, and it should be returned to a storage area. Also, he agreed the noise has moved closer to the residential area, and a door should be in place to mitigate some of the noise. He also stated there should be no speakers in the outdoor area. Also, he said staff should work with the owners concerning the parking plan and the occupancy level. He indicated that these problems should have been resolved from the beginning. He agreed having a hearing to modify the CUP.
MOTION by Commissioner Hoffman and seconded by Commissioner Schwartz to APPROVE a Revocation Hearing for modification or revocation of CUP 99-3 – Conditional Use Permit at 934 Hermosa Avenue, Ibiza. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. Chairman Perrotti opened the public hearing. Commissioner Hoffman suggested moving the existing garage 3 feet forward which would correct the back wall, and the applicant could build what they proposed on line. Mac Chandler, the applicant, stated he is adding 254 square feet to enlarge the home, adding one more bathroom. He said the design proposed would allow them to take the existing garage, slide it out 10 feet and convert it to living area. He pointed out also that this design would be less costly. Chairman Perrotti closed the public hearing. The Commission agreed with the proposal. MOTION by Commissioner Pizer and seconded by Commissioner Schwartz to APPROVE NR 99-10 – Remodel and expansion of an existing nonconforming building with an extension of an existing nonconforming side yard of 3 feet rather than 5 feet at 658 Gould Avenue. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. Director Blumenfeld summarized the staff report. Chairman Perrotti opened the public hearing. Chairman Perrotti closed the public hearing. MOTION by Commissioner Schwartz and seconded by Commissioner Pizer to APPROVE LLA 00-1 – Lot line adjustment at 1230 11 th Place. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Director Blumenfeld indicated that the location and placement of screening and the HVAC units on Bijou Building were finally reviewed by their consultant, and a report will be provided at the next meeting.
Director Blumenfeld summarized the staff report. Chairman Perrotti expressed that if too much of the stucco quoins are removed, the architectural design may look too plain. Commissioner Schwartz agreed. Commissioner Hoffman stated that the cumulative effect of the changes make the design a very different look, and he believed the changes are not a minor modification. The Commissioners agreed. The Commission agreed by Minute Order to DIRECT that the proposed architectural change is a major modification for property at 634 – 636 Longfellow Avenue.
20. COMMISSIONER ITEMS None. 21. ADJOURNMENT MOTION by Commissioner Hoffman to ADJOURN the meeting at 11:20 pm. No objections, so ordered.
|
|
|
|