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 City of Hermosa Beach --- 08-15-00
MINUTES OF THE PLANNING COMMISSION MEETING OF THE
CITY OF
The meeting was called to order by Chairman
Perrotti at 7:07 p.m.
Roll Call Present: Commissioners Schwartz, Pizer, and Chairman
Perrotti
CONSENT CALENDAR
6. ORAL/WRITTEN COMMUNICATIONS None. PUBLIC HEARINGS
Staff Recommended Action: To approve said request. Director Blumenfeld summarized the staff report and reviewed the history of the project. He explained that the major tenant is Starbuck’s which is a snack shop use. He said that approval of the Parking Plan for this project would allow the Planning Commission to consider the proposed use a snack shop with outdoor seating at the same parking ratio as a retail or office use. He explained that the total gross floor area for the entire building is 6,920 square feet but the subject use is 1,542 square feet. He also said outdoor dining or seating requires a Conditional Use Permit to mitigate potential noise and disturbance to surrounding uses. However, he explained the use is located in the center of Downtown and is surrounded by commercial uses. He summarized that staff is recommending approval of the Parking Plan and the CUP. In response to Commissioner Schwartz, Director Blumenfeld informed that there is a barrier on the south side of the property to contain the outdoor seating. On the Hermosa Avenue side, however, he said that there are no barriers and suggested that the tables could be fixed to eliminate the potential migration of tables and chairs into the right-of-way. He further explained that the outdoor seating is subject to an encroachment permit. In response to Commissioner Pizer, Director Blumenfeld clarified that at the easterly end of the project the plans are to be revised showing no greater than 3 feet of encroachment leaving 6 feet of clearance on the Hermosa Avenue side. He indicated that it would be possible to locate tables and chairs immediately along the face of the building and provide 6 feet of clearance, and the Public Works Director has required at least 6 feet of clearance on the sidewalk exit from the parking structure along 13 th Street. In response to Commissioner Pizer, Director Blumenfeld explained that the building is cantilevered and that there is 3 feet from the column to the face of the building resulting in a total sidewalk area of 9 feet. In response to Chairman Perrotti, Director Blumenfeld stated that the parking requirements for the V.P.D. in the Zone Code require that there be an adequate supply of adjacent public parking in order to approve a reduced parking ratio for a snack shop, and that North Pier Parking Structure is immediately adjacent the proposed use. In response to Commissioner Pizer, Director Blumenfeld explained that when the retail building project was approved in 1996, as part of a Precise Development Plan, the Planning Commission, Coastal Commission and City Council approved the retail building parking being supplied within the parking structure. In response to Commissioner Pizer, Director Blumenfeld indicated that the notice was posted on the face of the North Pier parking structure office. He further explained that when the project was approved by City Council last year, there was a plan that was presented with the service and trash area located on 14 th Court. Director Blumenfeld clarified that the only issues before the Commission this evening is the Parking Plan approval and Conditional Use Permit for outdoor seating. Chairman Perrotti opened the public hearing.
In response to Chairman Perrotti, Mr. Ho said that behind the column line, it will be limited to two seats per table. Chairman Perrotti closed the public hearing. Director Blumenfeld responded to Mr. Kaufman and Mr. Graw noting that when Pier Plaza was created, the City processed a Coastal Development Permit with the Coastal Commission and staff identified all the restaurant businesses along Pier Plaza which could require outdoor seating. At that time the City paid parking in-lieu fees utilizing Downtown Enhancement District funds, Zeppy’s did not operate when the Coastal Development Permit was processed and was not included in the permit. Subsequently, Zeppy’s opened and requested an encroachment permit for outdoor seating. As the use was primarily take out, no additional parking demand was considered, however, Zeppy’s subsequently submitted a CUP application for beer and wine, and at that point, staff recognized the business as a "sit down" type use and less like a snack shop and required that the owner process a Parking Plan on that basis. He said Lappert’s is a snack shop; however, if the use is intensified with an increase in floor area, (and both the City and Coastal Commission would recognize the outdoor area as an intensification of use,) the the owner would need to process a Parking Plan. He said that the subject retail building issue is different because it was approved in 1996 with 7,000 square feet of gross floor area which incorporates the outdoor seating area under the parking requirements in effect with Coastal Land Use Plan Amendment No. 4. He further pointed out that the City is the applicant because the retail building is City property and was approved as part of the Coastal Development Permit for the City’s parking structure. Therefore the three projects are quite different.
8. CUP 00-5 – CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 442 PACIFIC COAST HIGHWAY, SUSHI HASSEN. Staff Recommended Action: To approve said request. Director Blumenfeld summarized the staff report and reviewed the history of the project. He said the applicant is proposing interior modifications to the floor plan to accommodate a sushi bar, modern equipment, and required male and female bathrooms. He explained that staff’s recommendation is to restrict the operating hours from 7 a.m. to 10 p.m. Monday through Thursday and to 11 p.m. on Friday and Saturday, due to its location abutting residential uses. In response to Commissioner Pizer, Director Blumenfeld explained that the previous use for parking would remain until there were a major change to the property. In response to Commissioner Schwartz, Director Blumenfeld explained that even if the use is different such as take out or drive through, they are all still parked the same. In response to Chairman Perrotti, Director Blumenfeld indicated that Char-O-Chicken was approved as a restaurant. In response to Commissioner Schwartz, Director Blumenfeld stated that the Zoning Ordinance provides the opportunity for the Commission to approve the project at a 1 space per 300 square feet parking ratio based upon the existing or previous use section. Chairman Perrotti opened the public hearing.
Chairman Perrotti closed the public hearing. Commissioner Schwartz wished that the owner was present for questions concerning the need for beer and wine. Commissioner Pizer believed that the restriction of the hours of operation is necessary for the neighbors. He also commented that the parking should be successful, due to the type of uses in the center. Chairman Perrotti indicated that there used to be an Italian restaurant in the area serving beer and wine with no problems. He further believed that the restriction of hours will limit the problems concerning noise. He also said he is willing to give the parking a chance and if there are problems, the City will be hiring an enforcement officer for monitoring.
CON 00-13 – CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE APPROVED PLAN FOR A NINE-UNIT CONDOMINIUM PROJECT TO ELIMINATE A SPA AND REPLACE WITH A BARBECUE/PATIO DECK AT 633 3RD STREET AND 630 – 658 4TH STREET. Staff Recommended Action: To approve said request. Director Blumenfeld summarized the staff report and stated that pursuant to the requirement for 100 square-feet per unit of common recreation with an "amenity," the plans were approved with a spa/Jacuzzi located in the common recreation area of 925 square feet. He said the approval was subject to Conditions Nos. 2 and 6a that the spa location be moved, that the existing mature tree be retained, and that supplemental landscaping be provided. He indicated that the developer desires to eliminate the spa/Jacuzzi and replace it with a more "passive" amenity, a barbecue pit with a patio with additional landscaping. Chairman Perrotti opened the public hearing.
In response to Chairman Perrotti, Mr. Nelson explained that there will be a patio area, barbecue, landscaping and the pepper tree with the same square footage of common open space.
Chairman Perrotti closed the public hearing. Commissioner Schwartz believed that a barbecue alone is too minimal, and she would like to see furniture and/or a gazebo in the area in addition. Chairman Perrotti agreed that it would be quite expensive to retain a spa with only nine units. However, he too would like to see the area for gathering which could include a table, chairs and/or a gazebo.
CON 00-14/PDP 00-15 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO. 26019 FOR A THREE-UNIT CONDOMINIUM AT 506 11TH STREET. Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report and stated that staff is requiring that an addition of another guest parking space be provided, a revised survey with the property corner point elevations properly labeled, a reduction of lot coverage and additional ground cover landscaping be provided in the rear yard. Chairman Perrotti opened the public hearing.
In response to Commissioner Schwartz, Ms. Vargo indicated that greenery will be provided in the planter area adjacent to the westerly side yard. She stated, however, it could be lost with the widening of the driveway.
Director Blumenfeld responded that the project will consist of three units. Further he explained that the City approves such projects through discretionary review at Commission which takes from six to eight weeks and then construction of projects typically takes approximately a year. He stated that sometimes there is a confluence of projects that are approved concurrently and that commence construction concurrently. He also said the City regulates the hours of construction but not their timing of construction. Also, the Conditions of Approval require that the neighborhood be notified of the project schedule. He explained that the hours of construction are 8 a.m. to 7 p.m. on weekdays which should be posted on the site with the contractor’s name and number.
Director Blumenfeld suggested that Ms. Woodburn call the Community Development Department if she finds any parking problems or early start construction.
Director Blumenfeld said that when there is a problem with construction, he suggested that the complainant take photographs describing the construction problems. He also said that the City cannot unreasonably withhold final on a project when it is under construction but can require that the builder speak to a complainant about a project, giving an opportunity to address the problem.
In response to Ms. Mulvihill, Director Blumenfeld indicated that general construction noise is allowed within the construction hours. However, he noted that any other noises not related with construction could be addressed by the City. Also, he said if construction is occurring on weekends, the Police Department could be called. In response to Ms. Mulvihill, Chairman Perrotti clarified that the construction workers can park in any legal parking space. In response to Ms. Mulvihill, Chairman Perrotti explained that the applicant has to submit to staff a landscaping plan. Rebuttal Ms. Vargo indicated that Mr. Mulligan is a quick builder, putting a project up in six to eight months. She also pointed out that this project will have to go to the Coastal Commission, adding two more months to the processing time. She said there is space at the front between the driveway and the property line for placement of another tree. Further, she said there are planter areas along the entire length of the side yard on the west side for landscaping, buffering each side of the project. She said the developer takes every precaution while building sites, and she stated that Mr. Mulligan would be happy to talk to the residents to the west of the project to keep them informed. Chairman Perrotti closed the public hearing. Commissioner Pizer expressed that the project has many pending issues and he further said access to the first unit has to be made through the guest parking area.
Commissioner Schwartz expressed concern with the front area having too much concrete, and she said that she would not want to set a precedent for accepting uncompleted drawings. Chairman Perrotti encouraged that the neighbors keep in contact with the City with any problems. He believed that the deficient items on the project can be cleared up in the next few weeks and the Commission could review the revised plans at the next meeting.
CON 00-15/PDP 00-16 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO. 26020 FOR A TWO-UNIT CONDOMINIUM AT 866 MONTEREY BOULEVARD. Staff Recommended Action: To approve said request. City Planner Schubach summarized the staff report and stated the turning radius in the rear needs an additional 3 feet. He also indicated that staff needs the exact corner point elevations and staff is requiring ¾ bath at the basement level floor in Unit B. Further, two 36-inch box tress are recommended. He said that the applicant has a very large unused right-of-way on Monterey Boulevard with a 17-foot setback which could possibly be utilized to increase the amount of ground level open space and/or provide the additional turning area on the Sunset Drive side. In response to Chairman Perrotti, City Planner Schubach indicated that there is a total of eight parking spaces for the project which satisfies the parking requirements. Chairman Perrotti opened the public hearing.
Chairman Perrotti requested that more articulation be added on the left wall to help break it up.
In response to Mr. Vull, Chairman Perrotti suggested that he meet with the applicant concerning the hours of construction. Chairman Perrotti closed the public hearing.
HEARING(S) None. 12. STAFF ITEMS Status report on 934 Hermosa Avenue, Ibiza Restaurant. City Planner Schubach summarized the staff report and indicated that the property owner is making every effort to correct the problems discussed in the past on this property. He said the tenant has been evicted, and the owner has presented supplemental information to staff discussing different contractors and workers that he is working with to get all the problems corrected and conditions met in the Conditional Use Permit. In response to Commissioner Pizer, City Planner Schubach stated that the owner will be enclosing the patio. The Commission agreed to receive and file this item. Tentative future Planning Commission agenda. Community Development Department Activity Report of May, 2000. City Council minutes of May 23, June 1, 13 and 27, 2000. Memorandum regarding consideration of revocation or modification of the master Conditional Use Permit at 555 Pacific Coast Highway. City Planner Schubach summarized the staff report and he stated there has been some progress since the staff report was submitted such as removal of signs, removal of cars for sale, materials and debris and old cars in the back parking lot have been removed. He provided copies of the Resolution and photographs to the Commission. Chairman Perrotti indicated that this property has been a continual problem, and the storage area looks like a salvage yard. He said there are still some major issues of the Conditional Use Permit which have still not been met. In response to Chairman Perrotti, Director Blumenfeld said the Conditional Use Permit applies to the entire site. Chairman Perrotti said he is glad the City has looked into this property and that the owner is beginning to consider the complaints of the neighbors and staff. He requested a public hearing on this item, and he would also like to see some designated areas for employee parking with signage to prevent their parking on 6th Street. George Mardikian stated he has been the property owner for 27 years and has been working with staff for the past three months. He said the site is always being maintained at all times, and he pointed out that there is a large parking lot in the back of the property. He noted that occasionally there is an overflow, creating employees to park outside, but generally, parking is in front of their parking line and not the residents. He noted that there is construction on 6 th Street creating more parking problems in the residential area. He also said that the only cars that have been for sale are the employees’ own personal cars on the lot. He also pointed out that there has been construction taking place on their site which may be creating some overflow of parking on the street. In response to Chairman Perrotti, Mr. Mardikian stated that as soon as he received staff’s letter in April, he had removed the banners and excess sign and provided required permits. He said that the area is irrigated manually and the building is uniform in color. He also indicated that the vehicles and junk that are parked in the lot belong to one tenant who is being evicted off the property. He explained that the vehicles with expired tags have been property of the customers. Chairman Perrotti pointed out that he has lived in that area and the problems have been going on for over twenty years. Director Blumenfeld advised that a public hearing would need to be conducted if the Commission wanted to take testimony from the applicant. I n response to Commissioner Schwartz, Director Blumenfeld explained that staff received complaints in April regarding the operation of the business at which time staff prepared a detailed letter with a compliance schedule recognizing that there were many CUP violations on the property. Staff provided a time table that the owner could use to achieve conformance with the CUP. City Planner Schubach reviewed the violations that were found on the site. Mr. Mardikian stated that the boat was removed in April and all filters have been in place for the spray booth along with a ventilation system. He further said that the buildings were all painted white in 1993, but one of the buildings is stucco which attracts dirt and needs to be cleaned. Commissioner Pizer stated that based on the three months’ work from staff and inability of the owner to comply, there should be a hearing for revocation and all the issues could be presented at the hearing. Chairman Perrotti further agreed that there should be a public hearing to allow for the neighbors’ input along with the applicant and tenants. Commissioner Schwartz agreed. In response to Commissioner Pizer, Director Blumenfeld explained that the issue of fines and citations are difficult to establish if a case is prosecuted. He believed that the current procedure is more effective rather than issuing a citation with a nominal fee. Commissioner Pizer felt that citations are effective and avoid long lists of violations. The Commission agreed by MINUTE ORDER to hold a hearing for modification or revocation of the master Conditional Use Permit at 555 Pacific Coast Highway. 13. COMMISSIONER ITEMS Chairman Perrotti announced that this is Commissioner Schwartz’ last meeting, and he thanked her for all her hard work and detailed input to the Commission. He also thanked Commissioner Ketz for her work on the Commission. Commissioner Pizer also felt that Commissioner Ketz did a great job and Commissioner Schwartz has added a great balance to the Commission. He expressed that Commissioner Schwartz will be missed. Director Blumenfeld noted that both Commissioner Ketz and Commissioner Schwartz have provided a tremendous amount of help to staff on many issues and will be missed. Commissioner Schwartz thanked the Commission and the opportunity to serve the City, and she indicated that she has been proud working with the Commission. She wished the Commission the best of luck in the future. 14. ADJOURNMENT MOTION by Chairman Perrotti to ADJOURN the meeting at 9:45 pm. No objections, so ordered. |
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