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 City of Hermosa Beach --- 07-18-00
MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY
OF
The meeting was called to order by Chairman Perrotti at 7:10 p.m. Commissioner Hoffman led the pledge of allegiance.
Roll Call Present:
CONSENT CALENDAR MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE the Consent Calendar. AYES: Hoffman, Pizer, Chairman Perrotti
6. ORAL/WRITTEN COMMUNICATIONS None.
PUBLIC HEARINGS
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report and explained that all four criteria would need to be met in order to make a height exception. He said that in addition, the City Attorney has recommended that the Resolution would need to be amended accordingly if the height exception is denied. He further reviewed photos showing the view blockage that would occur if the project is approved. In response to Commissioner Hoffman, City Planner Schubach indicated that the buildings to the north and south are approximately 35 feet in height. Chairman Perrotti opened the public hearing. Jerry Compton, GWC Design Architects, reviewed the survey and the site section. He indicated that the roof area at the front of Unit A has been lowered substantially which will appear from the street lower than either of the two buildings on each side. He said that if the 35-foot height exception is not allowed, no view from the Manhattan Avenue unit would occur. He pointed out that there are 35-foot buildings in the front, behind and on both sides of the project. He also said the buildings across the street are over 30 feet. He concluded that if the exception cannot be granted for this property and project, the law should be repealed and not be left as a false promise as an avenue for Height Exception. In response to Commissioner Hoffman, Mr. Compton explained that the mezzanine is open to the living room below, and mezzanines are often used as an office or sometimes bedrooms.
Chairman Perrotti closed the public hearing. Commissioner Pizer indicated that he likes the project and design from Manhattan Avenue. Commissioner Schwartz believed that the findings have been made to meet the Height Exception and said the Manhattan Avenue frontage has been addressed. Commissioner Hoffman expressed concern with meeting Finding #1, indicating that a scenic view could be achieved simply by having a rooftop deck instead of a mezzanine. Chairman Perrotti expressed concern with meeting Finding #3 and believed that at 30 feet there still may be some view, but at 35 feet, there would be no view at all. MOTION by Commissioner Schwartz, seconded by Commissioner Pizer, to APPROVE Resolution No. 00-, approving a Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 25768 for a two-unit condominium, and a height limit exception to allow a 35’ building height pursuant to Section 17.16.020 at 1411 Manhattan Avenue and 1410 Palm Drive. AYES: Hoffman, Schwartz, Pizer
Staff Recommended Action: To approve said request. City Planner Schubach stated that the project meets the Code with less lot coverage than 65%, more open space than 300 square feet per unit and one added parking space on the street. Also, two 36-inch box trees have been provided. He noted, however, that the height is approximately 3 inches over which can easily be corrected. Chairman Perrotti opened the public hearing. Cheryl Vargo, 5147 Rosecrans, Hawthorne, stated she is representing the applicant. She mentioned that the front and rear yard setbacks exceed the minimum requirements by 5 feet in the front and rear. In response to Chairman Perrotti, Ms. Vargo explained that the 3 inches over in height would be corrected. In response to Ms. Vargo, Director Blumenfeld said that Condition #13 is a standard condition and the intent is to make sure that there are no outstanding liens on a property before the map is approved. Scott Alden, 646 6th Street, agreed with the rear setback for the project being larger than required, as the property in the back of the project was allowed to be built very close to the rear property line. He further requested that the 35-year-old avocado tree on the west side be saved. Chairman Perrotti closed the public hearing.
MOTION by Commissioner Hoffman, seconded by Commissioner Pizer to APPROVE Resolution No. 00-, approving a Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 25968 for a two-unit condominium at 649 and 651 5th Street. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report and stated that staff is suggesting that the applicant convert the den to a deck to provide the extra open space required for Unit B. Further, the applicant is proposing to create a 3-foot side yard by moving the wall in, which will meet Code. He also indicated that the applicant proposes to use a convex slope for determining the building height maximum for the conversion, but a certified survey is still required. He also said the application is complete, but a Condition of Approval has been added indicating that a physical report be submitted to staff. Chairman Perrotti opened the public hearing. Jerry Compton, GWC Design Architects, indicated that the additional open space required will be provided. He further explained the convex slope and said that the entire parapet on the higher section of the building would be lowered by 1 foot. In response to Commissioner Schwartz, Director Blumenfeld stated that Condition #6 addresses the verification of height, and he suggested that additional wording could be added regarding verification of the convex slope condition. He also suggested that the Resolution be approved with Planning Commission confirmation, with verification occurring at the next Commission meeting.
Chairman Perrotti closed the public hearing. Chairman Perrotti agreed that the applicant has made an effort with the conversion being acceptable. MOTION by Commission Schwartz, seconded by Commissioner Hoffman to APPROVE Resolution No. 00-, approving a Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 25678 for a two-unit condominium conversion project at 1136-40 Monterey Boulevard, with the requirement that the Commission be provided the survey to verify that the side is convex, before finalizing the approval at the next Planning Commission meeting. AYES: Hoffman, Schwartz, Pizer, Chairman Perrotti
Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report and said the applicant has prepared a revised plan which expands the stand-up table configuration by approximately 12’-6", eliminates a wall divider between the bar and dining areas and creates a bank of seating along the west wall of the restaurant. Also, a copy of the menu was supplied by the applicant along with a letter describing the proposed changes. He said that the issue before the Commission pertains to a potential change in use. He explained that where beer and wine are sold, 65% of the total gross sales must be from prepared foods and where other alcohol is served, 50% of the total gross sales must be from prepared foods. He said that there is no definition of bar in the Zone Code; however, if seating area is substantially reduced than gross sales of less than 50% for prepared foods may occur, resulting in a change in use from restaurant to bar. Also, he indicated that the Code also distinguishes restaurants from bars and cocktail lounges in parking requirements and further explained that under the current CUP, the business must remain a restaurant, or the CUP must be amended. In addition, a Parking Plan would have to be approved by the Commission to accommodate the increased parking demand resulting from a change in use from a restaurant to a bar.
In response to Chairman Perrotti, Director Blumenfeld explained that the exterior of the restaurant has been equipped with noise attenuation features including double glazing or laminated glass. There is also an air conditioning system installed. In response to Commissioner Schwartz, Director Blumenfeld said that tracking sales is difficult, but the amount of floor area dedicated to food service provides some indication regarding the ratio of food to alcohol sales. Chairman Perrotti opened the public hearing. Fred Hahn, owner of Patrick Molloy’s, stated that the patio is at capacity in the afternoon, but he said there is no dining inside the restaurant. He reviewed the proposed sections for dining and indicated that this new configuration would increase the dining. He said their business hours are from 11 a.m. to 2 a.m. and the kitchen is open on Sunday through Wednesday from 11 a.m. to 10 p.m. and on Thursday through Saturday from 11 a.m. to 11 p.m. He also noted that they have a full menu and by making the proposed changes would make it a bar. However, he said that after 10 p.m., their establishment does become a bar. He believed that the changes would increase the value to the customer to feel more casual and have an enjoyable dinner. Also, he indicated that the occupancy load would increase. In response to Chairman Perrotti, Director Blumenfeld explained that the westerly wall would need to be enclosed which is a Building Code issue. Mr. Hahn agreed that the westerly wall could be enclosed and insulated if required. In response to Commissioner Schwartz, Mr. Hahn responded that their percentage of food to beverage is at approximately 40% food and 60% liquor which meets the requirements of the ABC. He further explained that the table at 42 inches is more comfortable for standing without bending over for conversation. He also clarified that the tables in the middle and the booths are only 30 inches in height. In response to Commissioner Pizer, Mr. Hahn said that by putting up a divider between the bar and the long table would be defeating the purpose of a free flow and easier accessibility. Travers Devine, 1102 Aviation Boulevard, Hermosa Beach, said Patrick Molloy’s is a comfortable and pleasant restaurant. He supported the increase for capacity as a restaurant.
Chairman Perrotti closed the public hearing. Commissioner Schwartz appreciated the changes to increase the performance of the restaurant, but she believed these changes make the restaurant more like a bar, especially since the tables are at 42 inches in height. She proposed that the tables be lowered to 30 inches in height. She also said a Parking Plan would be needed to be approved to meet the parking requirements for a bar. Commissioner Pizer pointed out that the proposed area is a bit narrow for dining on both sides. He also noted that the center area is a dual-purpose application which could be used for dining or drinking, and if the chairs were removed, it could become a high density drinking area. Commissioner Hoffman also believed that structurally, the changes proposed are creating the appearance of a bar. He also expressed concern with the increased parking load for a bar and enforcement of the hours. He concluded that this would not be a minor modification. Chairman Perrotti announced that three additional letters were received in opposition to the modification of the floor plan. He suggested that if an establishment were both a restaurant and bar, it would have to comply with higher requirements of parking. He also indicated that it is important for kitchens to stay open as late as possible for food availability. He would like to see the applicant work with staff regarding the westerly wall being finished. He considered that the establishment is still a restaurant for the majority of the time.
Chairman Perrotti reopened the public hearing. Mr. Hahn expressed concern with people standing over the diners if the tables were lowered to 30 inches in height. He suggested pushing the partition back away from the bar and the posts could be moved over further. He noted, however, that some seating would be lost.
Chairman Perrotti closed the public hearing. MOTION by Commissioner Hoffman, seconded by Commissioner Schwartz to DENY CUP 00-3 – Conditional Use Permit amendment to modify floor plans and seating capacity for an existing restaurant with on-sale alcohol at 50A Pier Avenue, Patrick Molloy's. AYES: Hoffman, Schwartz, Pizer
Commissioner Schwartz left the meeting at 9:00 p.m.
HEARING(S)
Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report and said that the applicant has made major revisions to the plans, satisfying the concerns of staff. He indicated, however, that the valuation may be 1.8% over the maximum of 100% allowed by Zoning Ordinance. Also, he said a Condition of Approval has been included requiring a certified engineering report that demolition of exterior walls will not exceed 30%. In response to Commissioner Pizer, City Planner Schubach explained that anything over 30% of linear feet of removal has to be approved by the Planning Commission. In response to Chairman Perrotti, City Planner Schubach suggested that a condition could be added addressing the steps on the south side. He further said that the proposed parking will be corrected to state "5" on page 9 of the staff report. Chairman Perrotti opened the public hearing. Gary Lane, Lane Building Designs, 500 S. Sepulveda, Manhattan Beach, indicated that he is the designer of the project and clarified that there will be 4 parking spaces along with 1 guest parking space. He also corrected on page 8 of the staff report that the building height will be below 30 feet. He also said he will have a structural engineer look at the property with a certified letter provided. He stated that he will correct the 2 inches over height, and the 1.8% over the maximum will be worked out with staff. In response to Commissioner Hoffman, Mr. Lane explained that the house is built on continuous footings with a retaining wall at the garage level. Chairman Perrotti closed the public hearing. Commissioner Pizer believed the home will be a nice remodel and will be beneficial to the neighborhood. Commissioner Hoffman appreciated seeing a craftsman style home, and he commented that the architecture looks very nice. MOTION by Commissioner Pizer, seconded by Commissioner Hoffman to APPROVE Resolution No. 00-, approving a greater than 50% expansion and remodel to an existing duplex at 1826 Manhattan Avenue. AYES: Hoffman, Pizer, Chairman Perrotti
Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld summarized the staff report and stated that the business owner has substantially complied to noise issues due to the business ceasing operation on the patio area past 9 p.m. as required under the recently modified CUP. He indicated, however, that many of the physical improvements required have not been completed. He said that staff met with the property owners who submitted a letter outlining their desire to conform with the outstanding conditions and take over the responsibility for conformance to the Conditional Use Permit. He also stated that staff is recommending that the areas shown as glass enclosure be eliminated except for the area fronting along Hermosa Avenue. In addition, staff is recommending that the doors shown in the patio area be eliminated. In response to Chairman Perrotti, Director Blumenfeld explained that the items under the heading, "Compliance with Building Code," pertain to both the restaurant and building. Chairman Perrotti opened the public hearing. Sherry Sidney, owner of the property, explained that they are in the process of an eviction against the tenant. She said that Mr. Mayfield of Sharlein Plumbing has started some of the plumbing work. She also said that they are working on the trash area and the parking garage has been painted with posted signs up to Code. She indicated that the Christmas tree lights have been removed, and she further noted that there will be some upgrading done when the patio is enclosed. Also, she said that the roof will be corrected and the flooring has been upgraded. She concluded that their goal is to expedite the outstanding Building, Zoning, Conditional Use Permit and Municipal Code violations in a timely manner. In response to Vice-Chair Ketz, Mrs. Sidney indicated that the tenant was served this evening and will be vacating the property as soon as possible. Chairman Perrotti closed the public hearing. Director Blumenfeld recommended that the Commission consider and provide direction on the issue of the patio enclosure, making sure that it is as sound attenuated as possible relative to the residents to the east. Staff is recommending eliminating any openings, including the doors, where noise would be transmitted. He further suggested that the Commission approve the CUP and plan submitted, with the exception of the patio area for additional clarification. In response to Chairman Perrotti, Director Blumenfeld clarified that the CUP runs with the land. MOTION by Commissioner Pizer, seconded by Commissioner Hoffman to CONTINUE CUP 99-3 – for 90 days and APPROVE the amended Conditional Use Permit and plan submitted, with the exception of the patio area to allow the owner to work with staff on the details of the patio area. AYES: Hoffman, Ketz, Pizer, Chairman Perrotti
Director Blumenfeld summarized the staff report and said that staff is seeking an interpretation as to what the word "open" represents in relation to unenclosed balconies and lot coverage. He questioned if an unenclosed balcony needs to be "open to sky" in order to be considered "open" and excluded from lot coverage calculations. He also reviewed the zoning requirements for residential open space and indicated that if required open space can be covered and still be considered open space, perhaps unenclosed balconies can be covered by eaves or other unenclosed balconies (which are excluded from lot coverage calculations) and still be exceptions that are not to be included when calculating lot coverage. In response to Commissioner Pizer, Director Blumenfeld stated that 30 inches of architectural projection is permitted. Vice-Chair Ketz indicated that the lower balcony is not considered open according to the Zoning Code. In response to Chairman Perrotti, Director Blumenfeld stated that the footprint of the building would have to be made smaller or the balcony eliminated if the balcony is considered lot coverage. He further indicated that when the plans were originally submitted, they were zone checked staff had two interpretations due to ambiguity in the Zoning Ordinance. The Commission agreed by MINUTE ORDER that the balcony does not meet the definition of Section 17.04.040 and is a non-exception.
Director Blumenfeld summarized the staff report and indicated that staff is requesting that the Commission interpret whether the revised plans of providing minimum 100 square foot decks for each unit adjacent to the living rooms are minor modifications consistent with the intent of the Conditions of Approval, or require amendment to the CUP and PDP. He also indicated that there is now some intrusion of these decks into the originally approved setback. The Commission agreed by MINUTE ORDER that the changes are minor modifications consistent with the intent of the Conditions of Approval. c. Tentative future Planning Commission agenda.
14. COMMISSIONER ITEMS In response to Chairman Perrotti, Director Blumenfeld explained that Variances run with the land, but the owner has to make them effective and if not acted upon, will expire. He further said that the owner has not made any further progress at the AMC property. In response to Commissioner Pizer, Director Blumenfeld said that the building permit for the Bijou has been issued.
15. ADJOURNMENT MOTION by Chairman Perrotti to ADJOURN the meeting at 9:50 pm. No objections, so ordered.
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