City of Hermosa Beach --- 06-19-01

MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF
HERMOSA BEACH HELD ON MAY 15, 2001, 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.

Commissioner Tucker led the pledge of allegiance.

Roll Call

Present: Commissioners Hoffman (arrived at 8:56 p.m.), Tucker, Kersenboom and Chairman Perrotti
Absent: Commissioner Pizer
Also Present: Sol Blumenfeld, Community Development Director
Michael Schubach, City Planner
Diane Cleary, Recording Secretary

CONSENT CALENDAR

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE the April 17, 2001 Planning Commission minutes. Hearing no objections, Chairman Perrotti so ordered.

MOTION by Commissioner Kersenboom, seconded by Commissioner Tucker, to APPROVE Resolutions P.C. 01-12.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

5. Item(s) for consideration
  1. Resolution P.C. 01-13 Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 26290 for a two-unit condominium at 2935 Palm Drive.

MOTION by Commissioner Kersenboom, seconded by Commissioner Tucker, to APPROVE Resolutions P.C. 01-13.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

6. ORAL/WRITTEN COMMUNICATIONS - None.

PUBLIC HEARINGS

7. VAR 01-2 – VARIANCE TO EXCEED THE HEIGHT LIMIT IN ORDER TO EXTEND AND MATCH AN EXISTING SLOPING ROOF CURRENTLY NONCONFORMING TO THE HEIGHT LIMIT AT 502 THE STRAND (CONTINUED FROM APRIL 17, 2001 MEETING).

Staff Recommended Action: To direct staff as deemed appropriate.

Director Blumenfeld gave a staff report and reviewed the request. He noted that the City Attorney indicated that historic preservation issues are grounds for a Variance relative to Findings 1 and 2. However, it would be important for the Commission to make the findings based upon the City’s Historic Preservation Ordinance. He further noted that the Commission has received supplemental information provided by the owner and the City’s Historical Society, however, the previous material submitted was insufficient grounds to grant a Variance. He pointed out that John Hales submitted historical information which could satisfy the Variance finding under the Historic Preservation Ordinance of being identified with persons or events significant in local, state, or national history.

Chairman Perrotti opened the public hearing.

Susan Darcy , applicant, directed the Commission to the letter received from the Historical Society showing that the house was built by Isabel Hanifan, descendant of the Avila family and pointed out that Senior Avila’s registered cattle brand is part of the Hermosa Beach City Seal. Also, the architect and builder was J. MacCrady which was built in 1928, the same builder of the 1602 The Strand residence. She indicated that the Board determined that the home at 502 The Strand meets the requirements of the Ordinance, and therefore, should be considered for inclusion in the "Candidates" list of Historic Sites.

Roy Young , architect of the project, stated that the house is very outstanding, and he indicated that he is available for questions.

John Hales , Historical Society, added that a telephone poll call was held by the Board of Directors with all ten votes in favor of the proposition as outlined in the letter.

In response to Commissioner Tucker, Director Blumenfeld explained that the City has a method for designating landmarks with only one in existence today which is the Bijou building. He clarified that the "Candidates" list is part of the City’s General Plan and does not necessarily meet the requirements of the City’s Historic Preservation Ordinance. He further explained that in order to be designated, the candidates would have to meet the criteria of the Ordinance and then be so designated by the City Council.

In response to Commissioner Tucker, Mr. Hales believed that many of the candidates on the list of historic sites have great merit; however, there are others that may have only qualified due to a celebrity spending time at the home, and many of these homes do not have the architectural significance as the Darcy’s residence.

Chairman Perrotti closed the public hearing.

Commissioner Tucker believed that the home should be preserved. He said that the Variance should be granted, as the flat area of the roof would detract from the building and lose its character. He said he has no objection to the Variance based on the report from the Historical Society and the City Attorney.

Chairman Perrotti indicated that he voted against the Variance at the last meeting due to insufficient information to make all four findings. However with the additional information received from the City Attorney, he now believed that he could make the finding for criteria 2, 3 and 4. He further urged that the Historical Society investigate further the other candidates on the list to be designated under the Ordinance to help preserve distinctive older homes in the City.

Director Blumenfeld read the four findings as follows:

  1. There are exceptional circumstances relating to the property because the property is historically significant in that it is identified with persons or events significant in local and state history and embodies a distinctive style unique in the City.
  2. The Variance is necessary for the enjoyment of a substantial right possessed by other properties in the vicinity because the property and the building represent the notable work of a builder, designer and architect and the Variance is necessary to preserve an example of this notable work as identified by the City’s Historical Society.
  3. The project will not be materially detrimental to property or improvements in the vicinity and zone, as the Variance is to allow a continuation of the existing roof line which is necessary to preserve the unique architectural features of the building, and which is not materially detrimental to the surrounding properties.
  4. The Variance is consistent with the General Plan in that it involves a continuation of the existing roof line of a building that is consistent with the scale and character of surrounding residential development in the area.

MOTION by Commissioner Kersenboom, seconded by Chairman Perrotti, to APPROVE Resolution 00- , a Resolution of the Planning Commission of the City of Hermosa Beach, California, to approve the requested Variance to allow an extension of the ridge line of an existing hip roof to exceed the height limit at 502 The Strand legally described as Lot 1, Block 6, Hermosa Beach Tract, and to meet the four findings as read by Director Blumenfeld.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

8. TEXT 01-3 – TEXT AMENDMENT TO SIGN ORDINANCE TO EXEMPT HOLIDAY DECORATIONS FROM SIGN REGULATIONS (CONTINUED FROM APRIL 17, 2001 MEETING).

Staff Recommended Action: To direct staff as deemed appropriate.

Director Blumenfeld gave a staff report and provided a list of holidays on the Department’s calendar. He suggested only considering national holidays. Also, given the number of possible holidays and the varying length of holiday periods, it’s difficult to specify a time period for display. He said typically, holiday decorations are displayed only temporarily and removed when the holiday or holiday period is over.

In response to Chairman Perrotti, Director Blumenfeld informed that flags are treated as signs.

Commissioner Tucker pointed out that Halloween and St. Patrick’s Day would be excluded from national holidays.

Director Blumenfeld suggested not using a holiday list or time frame, and just to allow owners to put up their decorations as they are typically installed, since there has not been a problem in the past. He also said this would include inflatable signs.

Chairman Perrotti opened the public hearing.
Chairman Perrotti closed the public hearing.

MOTION by Chairman Perrotti, seconded by Commissioner Tucker to ADOPT Proposed Amendment – Section 17.50.040 as recommended by staff.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

It was the concensus of the Commission to hear Item No. 9 last under Public Hearings on the Agenda.

10. CON 01-7/PDP 01-8 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #26315 FOR A 2-UNIT CONDOMINIUM AT 703 11TH STREET.

Staff Recommended Action: To approve said request.

City Planner Schubach gave a staff report and described the project. He stated that the square footage on the primary living area of open space is about 10 square feet short of the required 100 square feet, and the roof at one point is slightly over the maximum height of 30 feet. Also, a landscape plan has not been provided. He said conditions of approval have been added that plans be revised to comply with the maximum height along with required landscaping.

Chairman Perrotti opened the public hearing.

Larry Peha , architect for the project, stated that the project is in between two completed condominium projects, which are very similar to the proposal. He said he agrees with the conditions, and he is available for questions.

In response to Commissioner Kersenboom, Mr. Peha said that there is an indentation for trash cans and they could be enclosed.

Chairman Perrotti said he likes the articulation and the rendering of the elevations.

Al Weaton expressed concern with the height and any view obstructions.

Chairman Perrotti explained that the building will be required to comply with the Zoning Code at the 30 foot height limit.

Chairman Perrotti closed the public hearing.

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom , to APPROVE P.C. Resolution 01- , a Resolution of the Planning Commission of the City of Hermosa Beach, California, approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #26315 for a two (2) unit condominium project at 703 11th Street and legally described as Lot 8, Block 1, 6851 Tract, subject to a landscape plan to be considered at the next meeting for approval.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

  1. CUP 01-1 – CONDITIONAL USE PERMIT AMENDMENT TO ALLOW OUTDOOR DINING IN CONJUNCTION WITH A RESTAURANT WITH ON-SALE ALCOHOL AT 705 PIER AVENUE, POINTE 705.

Staff Recommended Action: To approve said request.

Director Blumenfeld gave a staff report and reviewed the request. He said that a mature Sycamore tree is planted in the portion of seating area which may be planned for removal to accommodate the outdoor dining area. Staff believes the tree should be left undisturbed and that the seating for the dining area be similar to what was previously approved by the Planning Commission. He also reviewed that a Parking Plan Amendment is not required for the proposed outdoor design modification because of the previous approval of a Parking Plan Amendment, pursuant to Resolution 94-17. Furthermore, the Zoning Ordinance makes no distinction between seating area and dining area as far as parking requirements are concerned. The restaurant currently has valet parking for a portion of the underground parking area which does not require a Parking Plan approval unless a reduction in parking is required.

In response to Commissioner Tucker, Director Blumenfeld said the only change is to install the perimeter railing and to remove the gate.

Director Blumenfeld stated that staff is recommending that the owner submit a seating plan which will have to meet the requirements of the Building Code.

In response to Commissioner Tucker, Director Blumenfeld said that no recorded music or amplified music is allowed in the outdoor dining area, which is stated in the new Resolution.

Chairman Perrotti opened the public hearing.

Director Blumenfeld requested that language be added in Condition No. 1 stating, "The owner shall submit a seating plan to the Community Development Department for review and approval."

Chairman Perrotti closed the public hearing.

MOTION by Commissioner Kersenboom, seconded by Chairman Perrotti to APPROVE PC Resolution 01- , a Resolution of the Planning Commission of the City of Hermosa Beach, California, approving a Conditional Use Permit and Parking Plan, as amended, to allow outdoor dining in conjunction with an existing restaurant with on-sale alcohol at 705 Pier Avenue legally described as a portion of Lot 1, Tract No. 9203, and Lots 11-18 inclusive, Block 80, 2nd addition to Hermosa Beach Tract, subject to saving the tree and submitting a seating plan to staff.
AYES: Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman, Pizer
ABSTAIN: None

12. PARK 01-3 – PARKING PLAN TO EXPAND AN EXISTING RESTAURANT 468 SQUARE FEET INTO THE ADJACENT COMMERCIAL SPACE, WITHOUT ADDITIONAL PARKING, AT 959 AVIATION BOULEVARD, OCEAN DINER.

Staff Recommended Action: To approve said request.

Director Blumenfeld submitted supplemental information and gave a staff report. He said that the proposed expansion is considered an intensification of use of the existing adjacent office/retail space to restaurant use, and results in net increased parking requirement of three spaces. The Planning Commission could consider reducing the on-site parking requirement based on factors such as the uniqueness of the proposed use, bicycle and walk in traffic, and peak hours of the proposed use relative to peak hours of other businesses who use the same parking. He said that the applicant indicates that one of the unique situations of his property is that the rear parking has been available for Ocean Diner only two years and that it was previously fenced and used for storage. Further, the applicant indicates that the restaurant primarily serves the neighborhood, and the majority of the customers come to the restaurant on foot or by bicycle. While the restaurant is also open for lunch, the peak business activity is typically during breakfast periods, especially on weekends, when there may be less demand for on-street space from other businesses along Aviation Blvd.

In response to Commissioner Tucker, Director Blumenfeld said that the kitchen will be remodeled with an addition of some bathroom facilities. He also informed that one of the parking spaces would have to be handicap parking.

Chairman Perrotti opened the public hearing.

Rick Hankus , owner, stated he has been in business for 14 years. He said that for the first 13 years, he was not allowed to use the parking lot in the back. He indicated that after he purchased the property, he took down the chain link fence, put up some shrubbery and vines and opened the parking lot to his customers. He noted that the majority of his employees either walk, receive a ride, take a bus or car pool. He also noted receiving approximately 41 letters of support from customers who either walk, ride their bikes or live in the nearby area. He said he has never received a complaint with regard to parking. He also said he wants to add 4 tables and upgrade his kitchen and add two handicap bathrooms.

In response to Chairman Perrotti, Mr. Hankus informed there will be 16 more seats, with 4 at each table.

David Olin , architect for the project, explained that they will be updating the building for viable use for years to come. He also pointed out that the parking has been an improvement since Mr. Hankus has purchased the building. He said he is taking care of the general code compliances, keeping with the current theme and quality of the product of the establishment. He also said the front elevation will remain basically the same, moving the door over to the second stall.

In response to Commissioner Tucker, Director Blumenfeld stated that additional landscaping could be required in the parking lot relative to the geometry of the parking lot.

Betsy Revino stated she appreciates the restaurant and owner; however, she expressed concern with loss of parking on her street and in the area.

Leena Cord expressed concern with parking and pollution impacts on her street.

Peter Sotey stated he is from Redondo Beach and has been a long-time customer of Ocean Diner. He noted that most of the patrons are casual and noted that most customers will park farther away if necessary and will not hunt for parking. He also noted that there is a lot of walk in traffic.

Doug Holtzsinger stated that Ocean Diner is a great place to eat, but he expressed concern with parking impacts on 10th Street.

Catherine Lonnie noted that most of patrons of Ocean Diner walk to the restaurant. She said most of the parking is on Aviation or behind the restaurant if available. She also believed that parking on 10th and Bonnie Brae are not from the restaurant.

Chairman Perrotti closed the public hearing.

Commissioner Tucker pointed out that most of the other businesses in the area are not open on Sundays and he questioned where the parking is coming from that is occurring in the neighborhood. He expressed concern with further parking impacts from the restaurant, and pointed out that the downtown restaurants have to be held to the parking standards, and he believed that the same rules should occur with this restaurant.

In response to Commissioner Kersenboom, Director Blumenfeld explained that if an expansion of 468 square feet occurs parked at 1 per 100, 5 spaces would be needed; however, a credit is given of 2 spaces for the existing retail business, with a net requirement of 3. He said the current parking requirement would be 11 spaces.

In response to Commissioner Tucker, Director Blumenfeld informed that the Zoning Code does not require a percentage of parking for employees.

In response to Commissioner Kersenboom, Director Blumenfeld noted that early in the morning on weekends, there is parking available on Aviation.

Chairman Perrotti noted that for many years, the restaurant operated without any parking. He believed that the parking now available in the back is a better situation, and the building will be more efficient. He also believed that most of the customers are local, and he does not see the restaurant creating parking problems in the area.

In response to Commissioner Tucker, Director Blumenfeld said that the City has encouraged the old gas station site to be redeveloped but no plans have been made for its purchase at this time.

In response to Chairman Perrotti, Director Blumenfeld informed that a new CUP would have to be obtained if alcohol were served, but he said that extension of hours would not trigger a CUP.

Director Blumenfeld suggested that parking for employees, may potentially be loaded in tandem to the area closest to the restaurant and the customer parking located behind it.

MOTION by Chairman Perrotti, seconded by Commissioner Kersenboom to APPROVE PC Resolution 01- , a Resolution of the Planning Commission of the City of Hermosa Beach, California, approving a Parking Plan to allow the expansion of an existing restaurant (allowing the change of use of 468 square feet of adjacent commercial space to restaurant use) with no additional parking at 959 Aviation Boulevard, legally described as a portion of Lot 9, excluding the northerly 10 feet, Tract 6917.
AYES: Kersenboom, Chairman Perrotti
NOES: Tucker
ABSENT: Hoffman, Pizer
ABSTAIN: None

The Commission took a break at 8:45 p.m.
The Commission reconvened at 8:56 p.m.

9. PDP 01-3/PARK 01-1 – PRECISE DEVELOPMENT PLAN AND PARKING PLAN FOR ALTERATIONS TO AN EXISTING RETAIL AND ENTERTAINMENT CENTER TO ACCOMMODATE OFFICES, A HEALTH AND FITNESS CLUB, AND RETAIL USES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY, HERMOSA PAVILION.

Staff Recommended Action: To direct staff as deemed appropriate.

Director Blumenfeld gave a staff report and reviewed the history of the project. He indicated that the health and fitness center is still proposed as the main component of the proposal, and the project retail would be eliminated and replaced by office space with a net increase of office space of approximately 14,000 square feet. Also, the parking demand has changed, and the owner submitted a shared parking demand study. He noted that the current proposal would place a higher burden on the daily parking requirement and management due to increased valet parking, however he said that the City’s Traffic Engineer has informed that less traffic would be generated with the office use rather than the retail. The project would require a Precise Development Plan, and approval of a Parking Plan to comply with parking requirements. An existing Variance is in effect to enclose the outdoor deck area and the project otherwise conforms with the S.P.A. 8 zoning requirements.

He said that the property would be reconfigured within the existing building footprint but there would be a substantial change with respect to a mezzanine area proposed at the third level to maximize office space. Also, the parking structure would be improved with painting, lighting, new directional signage and striping.

Chairman Perrotti opened the public hearing.

Mr. Gene Shook , ITC Real Estate Group, stated that 24 Hour Fitness has agreed that their employees would use the tandem spaces, and he said that the office tenants could be required to have their employees use the tandem spaces, also. This would eliminate the majority of the spaces used for valet. He noted that the parking intensity will be substantially less with office compared to the previous retail uses. Additionally, he said they have eliminated several spaces to help smooth the flow of traffic. He pointed out that the third floor will look the same; however, a mezzanine area has been added in the middle of the building where the loading dock area is located.

He further explained the delay of completing the building, and stated that the requirements of some of the retail tenants were extensive and costly, and the rental rates were not feasible. He also said that the property has been in and out of escrow, and he noted that 24 Hour Fitness has not had a strong financial statement, making it difficult to get a loan. He stated that he needs to have approval to move forward with the project and obtain office tenants.

In response to Commissioner Kersenboom, Mr. Shook explained that there have been a number of tenants shown the building.

In response to Commissioner Hoffman, Gary Wiggle, Keisler & Wiggle Architects, stated that more of a truck dock will be created rather than a full drive in loading area.

Mr. Shook further said that 24 Hour Fitness is proposing to have various courts, a swimming pool and spa, locker rooms, day spa and kids area which will have a low density of use.

In response to Commissioner Kersenboom, Mr. Shook stated there is a tight market in the area for large square footage areas, and he believed that if the project were approved, they should obtain tenants fairly quickly. He also hoped that he could get a tenant within a year. He pointed out that it typically takes several months in the lease process. He also said it takes further time going through an approval process with the City, the construction bidding process and construction start date.

In response to Commissioner Hoffman, Mr. Shook explained that they have a signed a 15-year lease with 24 Hour Fitness and is anxious to be operating in the property.

In response to Commissioner Kersenboom, Mr. Shook explained that it is difficult for large retail tenants to be on a level other than the ground level due to inconvenience and lack of feasibility.

In response to Commissioner Hoffman, Mr. Shook stated that 5,000 square feet of retail has been included in an area that would not be obstructive to the 24 Hour Fitness or the office tenants.

Mr. Shook noted that the restaurant uses have been eliminated which would require a much heavier parking load than office.

Chairman Perrotti closed the public hearing.

Commissioner Hoffman expressed concern with parking and maximizing the square footage. He noted that the ULI data is 20 years old and parking demands have changed. He also would like to see further information on landscaping. He said there are many unknowns such as who will be leasing the offices and retail.

Commissioner Tucker also expressed concern with maximizing the parking, and he said he is not in favor of the tandem parking for the employees, and valet parking would be too confusing. He also said there is a lot of office space for rent in the area and it may be difficult to find tenants.

Commissioner Kersenboom expressed concern with the length of time that the project has been lingering with nothing happening. He further expressed concern with the parking.

Chairman Perrotti also expressed concern with parking. He said he is not convinced that the valet parking would work, and it is unknown who will be leasing the spaces. He also is unsure if the employees would use tandem parking. He said he would like to see further landscaping on Pacific Coast Highway. He believed that the interior is being maximized, and he agreed that it has been frustrating for the Commissioners and residents with regard to the building.

In response to Chairman Perrotti, Director Blumenfeld indicated that there is room for street trees and pockets for landscaping in the front.

MOTION by Commissioner Tucker, seconded by Chairman Perrotti to DENY PDP 01-3/PARK 01-1 – Precise Development Plan and Parking Plan for alterations to an existing retail and entertainment center to accommodate offices, a health and fitness club, and retail uses, and adoption of an Environmental Negative Declaration at 1605 Pacific Coast Highway, Hermosa Pavilion, based on the parking plan not accommodating the usage of the building.
AYES: Hoffman, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Pizer
ABSTAIN: None

13. STAFF ITEMS

  1. Code interpretation of snack shop in connection with business at 49 Pier Avenue (continued from April 17, 2001 meeting).
  2. City Planner Schubach stated that a hood would be required for an oven, rotisserie or a grill and would constitute a restaurant use.

    The Commission AGREED BY MINUTE ORDER that the use would constitute a restaurant use.

  3. Tentative future Planning Commission agenda.
  4. Community Development Department Activity Report of March, 2001.
  5. City Council minutes of April 10 and 23, 2001.

14. COMMISSIONER ITEMS

Commissioner Tucker suggested adding to the definition of snack shop that the requirement to have a Type I hood would change the use from a snack shop to a restaurant.

Commissioner Hoffman requested that those who have contacted the Commission regarding the Ocean View issue be notified directly.

In response to Chairman Perrotti, Director Blumenfeld said that the City Council minutes are posted on the City Website. He also said a list of all email addresses for the Department will be provided to the Commissioners.

Commissioner Tucker suggested putting the Text Amendment items at the end of the Agenda.

Director Blumenfeld noted that it is sometimes difficult to get through some of the Text Amendments toward the end of the Agenda. He said Public Hearing items that are not Text Amendments are generally heard first.

15. ADJOURNMENT

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom to ADJOURN the meeting at 9:55 p.m.

No objections, so ordered.