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 City of Hermosa Beach --- 07-20-99MINUTES OF THE PLANNING COMMISSION METING OF THE CITY OF HERMOSA BEACH HELD ON JUNE 15, 1999, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Chairman Tucker at 7:09 p.m. Vice-Chair Perrotti led the pledge of allegiance. Roll Call Present: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker Absent: Commissioner Schwartz Also Present: Sol Blumenfeld, Community Development Director Michael Schubach, City Planner Diane Cleary, Recording Secretary
CONSENT CALENDAR Chairman Tucker requested clarification of Items a, c and d. a) Resolution P.C. 99-20. Director Blumenfeld stated the applicant has submitted the required landscape plans. Chairman Tucker requested there be more landscaping and requested a planter be put in front of the building to avoid parking. c) Resolution P.C. 99-27. Director Blumenfeld requested the Commission hear this Item after considering Item 8 on the agenda. He stated Resolution P.C. 99-27 is related to Item 8. d) Resolution P.C. 99-28. Director Blumenfeld stated staff is requesting that the Commission consider adding a condition for recording a covenant for the restaurant parking so that it is made permanent, and any new uses maintain the parking balance with the surrounding businesses of the same property. MOTION by Commissioner Pizer, seconded by Vice-Chair Perrotti, to APPROVE the Consent Calendar as modified. AYES: Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: Ketz MOTION by Vice-Chair Perrotti, seconded by Commissioner Pizer, to AMEND Resolution P.C. 99-28 to record a covenant for the parking arrangements that were made for the expansion. modified. AYES: Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: Ketz 6. ORAL/WRITTEN COMMUNICATIONS None. PUBLIC HEARINGS
Staff Recommended Action: To continue to July 20, 1999 meeting pursuant to applicant’s request. Director Blumenfeld stated the applicant submitted a letter to request continuation because the design options are still being explored for the site. He further stated the applicant is considering looking at some of the suggested recommendations from staff relative to open space and setbacks as a possible option. Chairman Tucker opened the public hearing. Chairman Tucker closed the public hearing. MOTION by Commissioner Ketz, seconded by Vice-Chair Perrotti to CONTINUE CON 99-12-PDP 99-14 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25440 for a three-unit condominium at 2902 – 2916 Ingleside Drive to the July 20, 1999 meeting. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. Director Blumenfeld summarized the staff report. He reviewed the table in the staff report showing the parking tabulation that would result with respect to the outdoor dining area. He stated in addition the applicant has requested that the Commission consider applying 2 of the credited parking spaces (4 being total) with 2 being credited to the expansion, with the balance of the required parking be provided in lieu. He further indicated that with this change, the supplementary resolutions provided by staff would need to be adopted. Chairman Tucker asked if 44 inches would need to be maintained on the egress isle across the bridge. Director Blumenfeld stated the applicant would have to make an accomodation in the layout of their tables for egress. He further indicated that a building permit would not be issued unless it meets Building Code requirements for egress. Chairman Tucker opened the public hearing. Gary Vincent, Vice-President of Fat Face Fenner’s Falloon, Ltd., and Conn Flatley, President of Fat Face Fenner’s Falloon, Ltd., and the representative for the applicants were present for questions. Mr. Flatley stated they would like to move ahead with the outside dining, utilizing the credit from the closing of the banquet facility. This would allow their guests to have some outside dining along with the other restaurants on the Pier. He further pointed out that a CUP is not necessary for this request. Daniel Sofer, owner of Interface International Communications at 49 Pier Avenue, requested that the Commission consider the impact on the adjacent offices with this outdoor dining. He stated that during the Labor Day Weekend, the seating was such that the closest dining area was 50 inches from his office. He stated concern with privacy and the ability of conducting businesses. Mr. Flatley stated this was only temporary and barriers were not put up. He said there would be a permanent barrier in the future which is required by the ABC and the Department of Health. Jim Lissner of Hermosa Beach, presented a picture of Fat Face Fenner’s Falloon, Ltd., pointing out the signage for the noticing. He stated it was difficult to see being behind a banner. He also pointed out that converting this facility to additional liquor use is contrary to the General Plan which calls for a diverse downtown. Director Blumenfeld stated the notice was placed in the correct place where the outdoor dining is proposed. Staff also advised the owner to move the banner which was partially blocking the notice. He further pointed out that staff in addition did a mailing and published notice as part of the public notice requirements. Chairman Tucker closed the public hearing. MOTION by Commissioner Pizer, seconded by Vice-Chair Perrotti to APPROVE the Resolution Supplemental Information A for PARK 99-3 – Parking Plan Amendment to allow 200 square feet of outdoor dining on the pedestrian bridge located above City property at 49 – 53 Pier Avenue, Fat Face Fenner’s Fishack. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He stated that the plans will have to be corrected to provide a minimum 17-foot width clearance in the front driveway between the support posts in order to allow the front driveway to count as two guest spaces. He further stated that the balconies are provided directly accessible from the living room; however, these balconies are only 63 square feet for the front unit and 66.5 square feet for the rear unit. Chairman Tucker pointed out that the roof decks are too big. Mr. Schubach stated this will be caught in plan check along with the height check. Commissioner Ketz asked what the minimum requirement is off the living area. Mr. Schubach stated at least by 50%. The project needs an additional 150 square feet. Chairman Tucker opened the public hearing. Elizabeth Srour,1001 6 th Street, Manhattan Beach, is representing the applicant and property owner, Susan Perryman. She stated the applicant will also be living in one of the units and has worked closely with the architect, Mr. Newton to develop a design she is comfortable with for her and her family. Ms. Srour presented the rendering to the Commission. Ms. Srour clarified that the square footage of the roof decks is 365, and anything on the roof must comply with the height plane dictated by height measurement. She stated the project will have a hydronic system for heating and domestic water, working off the hot water heater. She further stated the 17-foot width clearance in the front driveway between the support posts would be incorporated within the plans. She indicated that she is not aware of the 50% requirement regarding open space, and this would destroy the design of the property. She stated, however, they will work with staff to increase the open space off the living areas as much as possible. She also stated that the Conditions of Approval are all acceptable to the applicant as presented and modified. Commissioner Ketz asked if a covered deck could be open space. Mr. Schubach stated that 50% of the deck could be covered. The covered section is counted as space directly off the living area but not countable toward the open space. Angelo Colevita at 151 Monterey, expressed concern regarding the impact on street parking the project may generate. Chairman Tucker stated the parking would be increased with off street parking for the project. Rebuttal Ms. Srour stated the roof deck off the living area could be opened somewhat to comply with the 50% rule for coverage and exposure to the sky without a dramatic change to the elevation. Chairman Tucker closed the public hearing. Vice-Chair Perrotti stated he would like to see the requirement for the 17-foot width clearance added as a condition in the Resolution, and have the applicant work with staff on the decking to open it up more. Commissioner Ketz stated she would like to see the decks bigger and open to the sky. Chairman Tucker stated he would like to see the decks built up to at least 100 square feet. He further stated that the building needs more articulation to break up the side elevations. MOTION by Commissioner Ketz and seconded by Vice-Chair Perrotti to APPROVE CON 99-15/PDP 99-17 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25532 for a two-unit condominium at 153 Manhattan Avenue, with the conditions of requiring 100 square feet open to the sky decks off the living area along with meeting the 17-foot requirement for the driveway. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He pointed out that the project is slightly over height which can be corrected. He said that conditions have been added to add landscaping along the east side for buffering. He further indicated that the turning radius between the garages or the garage widths need to be adjusted. He also stated that the bonus room in the garage should be treated as a sleeping room and meet all the Uniform Building Code requirements. Chairman Tucker questioned how the height was calculated. Director Blumenfeld stated by the corner point elevations. Chairman Tucker opened the public hearing. Fran Uralman of 1001 6 th Street, Manhattan Beach, is representing the applicant, Craig Casner. She stated the architect, Jan Trobaugh, is also present for questions. She presented a rendering to the Commission. She stated the project is well within all of the requirements of the City, and the height can be dealt with through plan check and staff. She further stated the project is below lot coverage, has more than adequate open space and does not take any parking off of the street. She stated that planting will be put in along the east wall, and the chain link fence will be removed. She further indicated the bonus rooms will be changed to sleeping rooms. Commissioner Ketz suggested double glazing the east windows for noise reduction on Pacific Coast Highway. Chairman Tucker closed the public hearing. Commissioner Ketz stated she was glad to see a project having a front door rather than a garage door facing the street. She also would like to see landscaping on the east side for buffering from the commercial property. Chairman Tucker agreed. MOTION by Commissioner Ketz and seconded by Vice-Chair Perrotti to APPROVE CON 99-16/PDP 99/18 Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25552 for a two-unit condominium at 731 4 th Street with the conditions of adding landscaping on the east side and removing the chain link fence. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
City Planner Schubach summarized the staff report. He stated staff did not find the lot size unusual in size for the area, and a larger home at a comparable, adequate, non-obsolete size could be built on the lot with or without the remaining house that is proposed to remain. He said that staff would not have a problem with the expansion as long as the Variance is approved. He indicated that one side yard wall could be removed. He also said that the applicant is trying to maintain a newly developed remodeled kitchen and bathroom which is a key reason for maintaining the house that is there presently and expand it to roughly twice its size. Vice-Chair Perrotti asked about the slope of the driveway. Mr. Schubach stated half of the driveway would be at 15%, but there could be a safety issue when backing out. He pointed out that 12.5% is the maximum slope that is allowed. Chairman Tucker stated there was a letter received from Eleanor Downs who is in opposition, and Mr. Schubach stated another letter was received from a resident who is in opposition. Chairman Tucker opened the public hearing. Todd Johnson, 1138 First Place, Hermosa Beach, stated he is the applicant, owner and resident of the project. He stated the home was built in the 1920’s and has only one unenclosed parking space with no guest parking. He said the proposal will add 1 parking space in tandem, and there will be an additional parking space in the driveway. He also stated tearing down the house would cost more, and he would have to sell the home after it is finished. He also indicated that the historical nature would be lost. He said he has two children living with him, and they will be living in the house as it is being remodeled. He stated the west side wall could be taken out. He further stated that if additional square footage were added, a Variance would have to be requested. Steve Jones of Redondo Beach, is the architect for the project. He explained that originally, he thought the project could be done just with the 50% to 100% addition with no variances. He pictured 2 cars in tandem going underneath the house with a guest space on the side. He said no matter how he worked the numbers, there was a slope at about 20% on the driveway to get in and under the house, or the loss of an entire floor for the front 40-foot area of the lot. He stated as a compromise, he tried to meet as much of the Code as possible and add another space on the driveway. He stated the cross slope on the lot is about 9% or 10%, which helps getting into the steep driveway. He stated also there is a low pitched roof, and if anything is bumped up any higher, it will be over the height limit or a flat roof design would have to be used. Chairman Tucker closed the public hearing. Commissioner Ketz stated there would be difficulty meeting the Findings and the project is stretching a remodel. Vice-Chair Perrotti stated the only real nonconformance that is improved is the open space. He is not as opposed to the tandem parking since it is a single-family residence, but there will still be open parking with no garage. He also stated there is still a problem with the driveway slope. He agreed it would be difficult to meet all the Findings. Commissioner Pizer also stated he cannot see any exceptional or extraordinary circumstances that would allow the granting of the Variance. Chairman Tucker agreed. He indicated that a slope from 12.5% to 15% on the driveway makes a huge difference when backing out. MOTION by Vice-Chair Perrotti and seconded by Commissioner Pizer to DENY VAR 99-4/NR 99-3 – Variance to allow two parking spaces in tandem without guest parking, and driveway slope of 15% rather than the maximum 12.5%, and a remodel and expansion to single family dwelling with a nonconforming side yard resulting in a greater than 50% increase in valuation at 1138 1 st Place.
AYES: Commissioners Ketz, Perrotti, Pizer Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
The Commission took a break at 8:30 p.m. Jim Lissner provided a copy of a videotape which he will present on Item 12. The Commission reconvened at 8:45 p.m.
Staff Recommended Action: To deny said request. Director Blumenfeld summarized the staff report. He stated there has been concern from residents concerning noise problems. He stated Council recommended maintaining the operating hours as shown in the original project approval and provide a six-month review period at which time staff could evaluate if the applicant were in conformity with the CUP, and then an extension of hours could be considered. Vice-Chair Perrotti questioned who is responsible for the Master Parking Plan. Director Blumenfeld stated the owner of the property is responsible for processing the Parking Plan. He further pointed out however, the Planning Commission approved the project along with the Council as well who conditioned on resolving the parking issues below because they are directly related to this restaurant use. He stated it would be necessary to resolve both the outstanding parking plan issues in addition to anything outstanding relative to the CUP for the restaurant. He also stated the Parking Plan is largely in compliance, with one outstanding issue. He stated the re-striping has been completed, removal of signage that was in conflict with the requirements of the Parking Plan, the garages spaces have been closed off except for one and a self closing door has been installed from the exist along Palm. Chairman Tucker asked about the patio area. Director Blumenfeld stated a patio cover has been removed over an existing area that was being used. He pointed out, however, the cover could be put back on and revisited after the six-month period. He stated there is still glass surrounding the area which helps attenuate noise. He further stated amplified music can be used within the restaurant but not outside. Chairman Tucker pointed out that letters have been received in opposition. Chairman Tucker opened the public hearing. Kevin Wall, 655 8 th Street, Hermosa Beach, stated they have tried to work with the City from the beginning to do everything possible to mitigate any problems or concerns. He further presented the minutes of the September 15, 1998 meeting with the Commission approving the extended hours. He stated he was not aware of the possibility of appeal. He further indicated they have complied with the City Council’s recommendations of mitigating the problems associated with egress onto Palm Drive, and the project came back before the Council to evaluate the operation. He stated they are willing to talk to all of the residents to mitigate noise problems. He stated the 2 a.m. closing is vital to their business with a market for late night dining in the area. Chairman Tucker pointed out that the City Council specifically recommended limited operating hours until the performance of the business could be evaluated. He stated this would be when patrons are present. Mr. Wall stated evaluating the operation of the business has to also do with their construction phase. Jim Lissner of Hermosa Beach presented a picture of the noticing, and stated it was not clearly visible. He further pointed out another letter was received in the packet who is in opposition. He indicated also that the City Council appealed this item to themselves. Mr. Lissner next presented a video taken on Saturday night at 11:22 p.m. starting on the west side of Hermosa Avenue opposite of Ibiza, then next to Ibiza and finally up to the passenger door. He also indicated that when he was on the east side of the alley, far from the door, there was still the beat of the music being heard. He stated this restaurant does not seem to be the dignified restaurant promised. He stated also that the only restaurant in the area that has late hours is Fat Face Fenner’s Falloon. He suggested the hours should be reduced to 11 p.m. seven days a week to be compatible with the area with no comeback until the six months of operation has occurred. He hopes the Commission will apply the same concerns as presented with Scotty’s proposal. Brian Koch of 53 9 th Street stated he spoke at the City Council hearing when this item was appealed. He stated that he lives across the street directly down the alley and can hear the outdoor patio noise with amplified outdoor music occurring. He also stated he has been awakened by noise in the area. He said he has a small child and would like to live in a normal family environment. He asked that the restaurant be closed down until it complies with all of the operating permits. Paul Schmidt, partner of Ibiza, stated they were told to take the cover off of the patio. He also questioned the video presented. He pointed out they have put sound boards in the wall, an extra heavy duty steel door for the exit door and will do whatever they can to mitigate further problems. He stated between 1:45 and 2:00 a.m., the patrons on Pier Avenue are leaving creating substantial noise. He also indicated that they have Chris Young as their doorman and head of security and is also the public safety officer of Redondo Beach. Chairman Tucker closed the public hearing. Vice-Chair Perrotti stated he is voting for denial of this application mainly on procedural grounds. He said a reasonable interpretation of the City Council’s decision is that they will review the business six months after it had been into operation and not six months from their decision. Commissioner Pizer agreed. He also expressed concern regarding the open patio and late hours. He also said that amplified sound into 2 a.m. in an open patio with neighbors adjacent is not appreciated. He also agreed that the Bud Light sign is out of place for an upscale restaurant. Commissioner Ketz agreed. She also pointed out that when Fat Face Fenner’s had their open patio, no one was allowed to be out in the late hours. Chairman Tucker also agreed with the Commissioners regarding the Council’s intention. MOTION by Vice-Chair Perrotti and seconded by Commissioner Pizer to DENY CUP 99-3 – Conditional Use Permit minor amendment to extend operating hours to 2:00 a.m. daily in conjunction with an existing restaurant at 934 Hermosa Avenue. AYES: Commissioners Ketz, Perrotti, Pizer Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He stated the width between the building is only 6 feet, and there has to be a minimum of 8 feet in the R-3 Zone. He stated 36-inch box trees would need to be included. He also indicated that the den in the basement has direct access to the garage, and this should be considered a sleeping room since it has a bathroom and closet area. He said revisions are the garage setback on Bayview Drive which will need to be modified to 3, 9, or 17 feet; the proposed retaining walls need to be reduced to a maximum of 6 feet in the side-yards and the first level covered balconies need to be reduced to not encroach into the front setback. Chairman Tucker opened the public hearing. Elizabeth Srour, 1001 6 th Street, Manhattan Beach, is representing the architect and applicants. She stated the setback on Bayview Drive could be changed to 3 feet without significantly changing the presentation of the building, and the retaining walls’ height will comply with Code. Also, She stated that the balconies in the front are not included in the calculated required open space and can be reduced, and that the balconies included in the open space are at the upper level. She further stated the space between the building will be at 8 feet. She indicated there will be no garage access directly into the sleeping rooms. She said the proposal provides parking in excess of what is required being very accessible, usable and functional. Chairman Tucker closed the public hearing. Commissioner Ketz stated she would like to continue this Item until a plan is available that meets all the requirements. Commissioner Pizer agreed, and he also would like to see a rendering. Vice-Chair Perrotti stated the existing 8 units appear to be nonconforming. He indicated that replacing these older units with a new project is an improvement in the area. Chairman Tucker agreed with continuing the Item. He stated he would like to see the corrections made along with seeing a rendering. MOTION by Commissioner Ketz and seconded by Commissioner Pizer to CONTINUE CON 99-17/PDP 99-19 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25470 for a three-unit condominium at 900-904 Manhattan Avenue. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He stated that the structure is over height by about ½ of foot, which can be corrected. He also stated the open space off the balconies will need to be increased, and the required 36-inch box trees will be provided. Chairman Tucker opened the public hearing. Cheryl Vargo, 5147 Rosecrans, Hawthorne, is representing the applicant. She presented a rendering to the Commission. She stated this is a 2-unit condominium project. A triplex will be demolished, and she pointed out that on page 3, Section 3, Finding 1 of the Resolution should reflect a proposal to demolish the existing triplex rather than a single family dwelling unit. She further stated the height will be lowered 1 foot. She said the project is significantly under on the lot coverage at 58.5%. She also noted that in the staff report, the open space provided for the balcony on the front unit is 98 square feet rather than 91 square feet, and 102 square feet rather than 87.5 square feet for the rear unit. She also indicated that 36-inch box trees will be provided. Mr. Schubach clarified that staff scales the open space and does not go by gross. He said they go by net so if there are railing, etc., this is not included. Catherine Gurn, 917 3 rd Street, Hermosa Beach, stated her backyard will be adjacent to the southern portion of the long lot. She stated there are four houses in a row on 3 rd Street, which will have their backyards facing the lot. She asked where the driveway will be for cars entering the rear lot, and if there will be a wall built and how high. Also, she asked how much distance there would be between the project’s border and the project’s building. She expressed concern with the attractiveness, and also the exhaust fumes and noise coming into her backyard. She stated that new projects are not allowing for enough greenery and landscaping. Director Blumenfeld pointed out there is a concrete masonry wall with a wood fence which are on the applicant’s property. Chairman Tucker stated there will be a planter along with trees between Ms. Gurn’s wall and the driveway throughout the entire length of the building. Director Blumenfeld stated the landscape plans needs to get reviewed and approved by staff, and staff can work with the applicant to come up with a landscape plan that will provide some additional tree planting in the front yards with a provision for additional screening on the parameter. Rebuttal Ms. Vargo stated this project provides a lot more landscaping than most of the 2-unit projects being built. She pointed out that by having the driveway on the side adjacent to the rear yards on 3 rd Street, more of the landscaping can be provided. She also stated that shrubbery could be provided that will grow higher than the fence. Chairman Tucker closed the public hearing. The Commissioners agreed that it will be a nice project. MOTION by Commissioner Ketz and seconded by Vice-Chair Perrotti to APPROVE CON 99-18/PDP 99-20 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25351 for a two-unit condominium at 322 and 326 Ocean View Avenue. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report. He further discussed the four Findings to be met by the Commission. He stated there are some plan corrections to be made, but beyond this, staff supports the proposed Variance and believes that the Commission can make the required mandatory Findings. Chairman Tucker opened the public hearing. Mike Stemig, applicant and owner of 2311 Park Avenue, Hermosa Beach, stated that this is an usual lot being extremely small at 1129 square feet, and it is also directly adjacent to the extra right-of-way space. He stated when he purchased the property, and he was surprised to find out that the right-of-way space was not his. He stated the benefits for the project is that a legal nonconforming triplex is replaced with a single family residence consistent with R-1 Zoning in the area, and there will be increased parking. He stated also out of the 300 square feet of open space, 180 square feet of this is directly accessible to the living space. Commissioner Ketz asked what the dimension is of the narrowest point. Mr. Stemig stated 5 feet. Eleanor Lynn of Hermosa Beach asked about the location of the parking. Chairman Tucker stated there would be 3 on site with 1 on the street. Chairman Tucker closed the public hearing. Vice-Chair Perrotti stated since the lot is so small with the improvement of only1328 square feet, the Findings could be met. Director Blumenfeld pointed out that if the project complied with the maximum lot coverage of 65%, 77-78 square feet would have to be eliminated which would be significant for a small house. Commissioner Ketz stated there would be a benefit. She further stated she may have a problem with the lot coverage, but in this particular case, she agreed the Findings could be met. Mr. Stemig stated the lot coverage calculation would be at 57% if the right-of-way space were included. Chairman Tucker agreed with the Commission. He stated there will be more parking, and the lot is unique with the right-of-way adjacent to the property where it will probably never be used by the City. He further stated that the building to the north has encroached right up to the property line with the existing building on the property line for years with no complaints. He requested having more vegetation in the right-of-way area going down the sidewalk. He stated the project will improve the area, going from 3 units to a 1-unit building. Director Blumenfeld pointed out that constructing in the right-of-way requires the processing of an encroachment permit. Commissioner Pizer stated the Findings can be made based on the fact of not knowing who owns the area, and the lot coverage calculation would be at 57% if the right-of-way space were included. MOTION by Commissioner Ketz and seconded by Commissioner Pizer to APPROVE VAR 99-5 – Variance to allow 71% instead of allowed lot coverage of 65%, and to allow 0’ side yard setback rather than the minimum of 3’ at 2311 Park Avenue. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report. He stated the building is over height, but this can be lowered to meet the 30’ maximum height requirement. He said the open space is off the main areas. He pointed out a better landscaping plan needs to be submitted specifying what will be provided in the planters. Chairman Tucker opened the public hearing. Cheryl Vargo, representing the applicant, stated they submitted a landscape plan found in the packet. She stated the project is under the lot coverage, all the open space is off of the living area and the height can be lowered. Chairman Tucker closed the public hearing. MOTION by Commissioner Pizer and seconded by Vice-Chair Perrotti to APPROVE CON 99-13/PDP 99-21Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25568 for a two-unit condominium at 1217 Cypress Avenue. AYES: Commissioners Ketz, Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Commissioner Schwartz ABSTAIN: None
City Planner Schubach stated staff is recommending that the Commission approve the Fiscal Year Capital Improvement budget, and that it is in conformity with the General Plan. Vice-Chair Perrotti stated he reviewed the Capital Improvement Program for the budget, and it looks in conformity to the General Plan. The Commission agreed by Minute Order to approve the Fiscal Year 1999-2000 Capital Improvement Program (CIP) budget review for conformity with the General Plan pursuant to Government Code Section 65401. Passed 4-0. 19. COMMISSIONER ITEMS Commissioner Ketz shared an article with the Commission regarding how sometimes Commissions are pressured into accepting lower standards. MOTION by Chairman Tucker to ADJOURN the meeting at 10:30 p.m. No objections, so ordered.
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