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 City of Hermosa Beach --- 10-20-98
MINUTES OF THE PLANNING COMMISSION METING OF THE CITY OF HERMOSA BEACH HELD ON SEPTEMBER 15, 1998, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Chairman Tucker at 7:10 p.m.
Commissioner Perrotti led the pledge of allegiance.
Roll Call
Present: Commissioners Perrotti, Pizer, Chairman Tucker Absent: Vice-Chair Merl, Commissioner Schwartz Also Present: Sol Blumenfeld, Community Development Director Michael Schubach, City Planner Diane Cleary, Recording Secretary
CONSENT CALENDAR
4A-Commissioner Perrotti stated the final plans are finally available and the rendering is also available.
MOTION by Commissioner Perrotti, seconded by Commissioner Pizer, to APPROVE the minutes and the resolutions..
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl ABSTAIN: None
ORAL/WRITTEN COMMUNICATIONS
Jean Lombardo is representing the Women's Club of Hermosa Beach and left gifts for the Commission. She invited the Commission to the Seventh Annual Pancake Breakfast on Sunday, October 18, 8 am to 12 noon at the Clark Building, 861 Valley Drive, Hermosa Beach.
PUBLIC HEARINGS
7. CON 98-15/PDP 98-20--CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO-UNIT CONDOMINIUM AT 228 ARDMORE AVENUE (CONTINUED FROM AUGUST 18, 1998 MEETING).
Staff Recommended Action: To continue to October 20, 1998 meeting for the applicant to submit revised plans.
Chairman Tucker opened the public hearing.
Chairman Tucker closed the public hearing.
MOTION by Commissioner Perrotti, seconded by Commissioner Pizer to CONTINUE this item to the October 20, 1998 meeting for the applicant to submit revised plans.
AYES: Commissioners Perrotti, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl, Commissioner Schwartz ABSTAIN: None
8. CON 98-18/PDP 98-23--CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25212 FOR A FOUR-UNIT CONDOMINIUM AT 301 2ND STREET.
Staff Recommended Action: To continue to October 20, 1998 meeting for the applicant to submit revised plans.
Director Blumenfeld stated it was staff's recommendation to continue because there were some deficiencies in the plans that were submitted including the amount of countable open space and lot coverage issues.
Commissioner Pizer asked if there were revised plans available? Director Blumenfeld stated the applicant is present with the revised plans, but staff has not looked at them yet.
Chairman Tucker opened the public hearing.
Cheryl Vargo at 5147 West Rosecrans, Hawthorne stated they were under the impression that the three issues had been resolved in the revised plans that were submitted that were going to be included in the packet. There have been significant changes to the plans including the footprint of the building to be reduced 4.5 feet to provide a rear yard open space with accessibility. Some of the upper level open space requirements were increased. She provided a rendering. The plans now meet the Code.
Chairman Tucker stated when an item is to be continued, he doesn't look at it.
Commissioner Schwartz arrived at 7:20 p.m.
Tony Ashai, at 23670 Hawthrone Blvd., Suite 210, Torrance, CA 90505 is the architect of the project. He stated that they met the three criteria. They reduced the coverage by .5%, they made the deck off the living room to 7 feet and they made the rear yard accessible with the staircase from the main living space. The last version of the plans that are in the packet include these changes.
Sandra Ada, 158 Bayview, Hermosa Beach stated they have been overwhelmed with construction in the area over the past three years. She is requesting help because she has had to be the one to enforce the starting and ending times. The construction has started before 8 am and the parking has been a problem. They have blocked her driveway and garage. Also the streets have been obstructed and she has encountered flat tires. There is dust, dirt and sawdust which gets all over everything.
Chairman Tucker closed the public hearing.
Commissioner Perrotti stated they received some correspondence from Charlie Cheatham at 548 2nd Street, Hermosa Beach who feels this project will be too dense and would rather see it three units rather than four units.
Commissioner Perrotti read the material and went by the site. However in the past when they've taken action on a Resolution, at least staff has had the opportunity to look at the revised plans. In this case, staff hasn't and it isn't a good precedent to set to do this at the last minute.
Commissioner Pizer stated when he sees an item is to be continued, he assumes there are important things that aren't resolved. He didn't spend the time to look at the plans. The applicant should be aware of this.
Commissioner Schwartz agreed and couldn't vote on the item.
Chairman Tucker stated there are Ordinances in place to control construction issues. Director Blumenfeld stated when the Community Development Department gets a complaint regarding construction related parking, staff goes out with parking enforcement to monitor the problems. Also, if construction starts too early, an inspector goes out to the job site to notify workers have to get off the job and if the activity is repeated, the police are sent out. In order to resolve the problem for early starting, staff is proposing to regulate it through the Noise Ordinance and create a fine. There is a notification process for discretionary permit projects to inform adjacent owners about the commencement and duration of construction.
Chairman Tucker feels that the notification process could be expanded to single family residences.
MOTION by Commissioner Perrotti, seconded by Commissioner Pizer to CONTINUE this item to the October 20, 1998 meeting for the applicant to submit revised plans.
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl ABSTAIN: None
9. CUP 98-7--CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 117 PIER AVENUE.
Staff Recommended Action: To approve said request.
Director Blumenfeld stated the Planning Commissioner previously reviewed this project as the Mix and granted a Parking Plan in March 1997 for a restaurant combined with retail. The City accepted a payment of in-lieu fees to allow for the restaurant use for the front portion and to maintain a retail use at the rear portion of the building. The current applicant is Seafood Grotto and Fish Market which will also contain a restaurant and some retail in the form of a fish market, operated in conjunction with the restaurant. There's an area at the rear that is currently provided as storage and was formally shown as retail area. If restaurant was spread into that storage area, it would affect the amount of seating and could result in an increased intensification of that use with additional parking required. The applicant is requesting permission for on-sale beer and wine in conjunction with the new restaurant. There is also a take out area shown on the project plans. There is some seating at the counter areas. The applicant is proposing to operate from 11 am to 11 p.m. seven days a week.
Commissioner Perrotti asked when a counter space becomes a bar? Director Blumenfeld stated there isn't a distinction between lunch counter and bar. The grant of the CUP relates to the percentage of food sales to alcohol sales.
Commissioner Perrotti asked about the number of alcoholic beverage licenses issued downtown or citywide. Director Blumenfeld stated that staff compared the total number of licenses that existed from 1994 to 1996 and there hasn't been a follow up to this study since that time and can provide a copy of the report.
Commissioner Schwartz stated because there is a retail component, can the applicant sell the beer and wine as retail? Director Blumenfeld stated the application was not off-sale.
Commissioner Pizer asked about the storage area. Director Blumenfeld stated they will make sure it doesn't contain seating and is used for storage. If there is additional seating provided in this area, it would not coincide with what was approved initially for parking in 1997. It could contain retail and not effect the parking demand.
Commissioner Schwartz asked if the percentage of food and alcohol sales is measured annually and if the percentage switches over to a more intensive use, what will happen? Director Blumenfeld stated it is measured annually and the applicant would have to modify their use permit for full alcohol if the use changes. Also, parking would be affected if it is exclusively a bar.
Chairman Tucker asked what the occupancy level is? Director Blumenfeld stated it is based on 15 square feet per person.
Chairman Tucker opened the public hearing.
The applicant at 117 Pier Avenue, Hermosa Beach, CA 90254 stated she is the president of Seafood SGM Inc. which is doing business as the Seafood Grotto. They are going to serve fish with a French Italian Mediterranean theme and they believe it is important to have beer and wine on the menu. The back will not be used for seating at least for the next couple of years.
Commissioner Perrotti verified the hours from 11 am to 11 p.m. The applicant stated yes at this point. Commissioner Perrotti also asked about the storage area. The applicant stated it will be storage because they hardly have any room for storage and will need this area. Commissioner Perrotti asked about the bar stools. The applicant stated they were already in place and it would be too complicated to remove them. Single customers could use them also.
Jim Lissner at 2715 El Oeste, Hermosa Beach, CA stated the General Plan for downtown talks about having a mix of restaurants and retail uses. This project is not helping on the retail use and is increasing the number of restaurants. It is an advantage to have some retail uses because the sober retail customer who comes in to patronize the retail premises provides a buffer between the rebels and parties who are patronizing the restaurants and bars that are open at night and also reduce the City's cost of maintaining peace on the street. The retail shoppers are not only bringing in sales tax revenue, but are also providing the buffer where otherwise the police would have to provide.
The number of licenses citywide isn't dramatically different and is actually the same as it was a few years ago. There has been a little bit of a shift to the licenses being downtown. They have gotten longer hours, added to their square footage and have gone from being a beer and wine outlet to being a full liquor outlet.
This proposed restaurant's hours suggest there will not be any breakfast served. There is a heavy demand for breakfast on the weekends. The closing hour is optimistic but in the CUP closing hour is 2 am. This should be changed to 11 p.m.
The percentage limits are imposed on some licenses by the ABC with a beer and wine license being a 35% maximum on the liquor and 65% on the food. This is not in the City's CUP and he would like to see this also in the CUP.
Chairman Tucker closed the public hearing.
Commissioner Pizer liked the plan and it doesn't look like a bar layout. He doesn't see the purpose of limiting them to 11 p.m. They may have a need for business later at night.
Commissioner Schwartz agrees. She is concerned about the use of the storage area.
Commissioner Perrotti is also concerned with the storage area and this area is being approved for storage. If the circumstances change, their CUP could be in jeopardy. He agrees with Commissioner Pizer with some flexibility for the hours, but he also would like it to just be a restaurant and not become a bar.
Chairman Tucker stated when a CUP is issued, it goes with the property forever with the alcohol. He assumes the beer and wine will go in the galley bar. He is concerned with the storage area also. He suggests a small grocery store in the back to keep in line with the mix uses.
Jim Lissner stated the ABC doesn't enforce the percentages because they don't have the time or personnel. If the City doesn't enforce it, no one will.
MOTION by Commissioner Pizer, seconded by Commissioner Perrotti to APPROVE the Resolution with the modification that the plans include that the storage area be designated for storage.
AYES: Commissioners Perrotti, Schwartz, Pizer NOES: Chairman Tucker ABSENT: Vice-Chair Merl ABSTAIN: None
10. CON 98-19/PDP 98-24 - CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25248 FOR A TWO-UNIT CONDOMINIUM AT 120 MONTEREY BOULEVARD.
Staff Recommended Action: To approve said request.
Mr. Schubach stated this project is a typical two-unit condominium and have seen many in the recent past. On Item 3 the trash facility cannot be in the side yard. There is a lot of storage space available for the trash facility in the garage.
Chairman Tucker opened the public hearing.
Fran Yoroman at 1001 6th Street, Manhattan Beach, CA is representing the applicants David Hoffman and Lou Ledlow. This project conforms in every way to the City requirements and is a beautiful building and will be a nice addition. It is 2.5 feet below the height limit and the applicants have requested that they raise the building 2 feet which would lessen the amount of grading that would be required for the project. She presented a colored elevation of the front of the building.
Commissioner Perrotti asked if a landscaping plan has been presented? Ms. Yoroman stated they don't have one yet but it will be a condition of approval and could be done for the staff's review. They also agree to the change regarding the trash storage.
Tony Ashai at 23670 Hawthrone Boulevard, Suite 210, Torrance, CA is the architect for the project. The driveway that goes along the side of the building goes down and approaches the garages. They wanted the flexibility to raise up the middle section. He's going to keep the front at the same elevation and maybe raise the back unit up a bit so there won't be that much grading. They have to meet the basement qualification, so they may have to do 3 foot retaining walls along the side and raise the dirt up.
Chairman Tucker asked if the back is raised, won't there be a problem with the driveway? Mr. Ashai stated they could bring it back to review at the next meeting. The neighbors on one side are actually higher.
Director Blumenfeld stated it is basically at the minimum required to qualify as a basement. The other issue aside from the driveway transition is whether or not it will meet the basement qualification. The elevation will have to be maintained as it is or the design will have to be modified slightly to make it work with grade.
Mr. Ashai stated they will try to keep the architectural elevations almost identical to what is on the drawings presently.
Jill Hughes at 126 Monterey Boulevard is in the unit just north of the property. There are currently three huge trees on the property with two in the back and one on the south side. They are probably about 40-45 feet tall. She is concerned about them being removed. She is also concerned about the number and size of the windows facing her yard. There are also three condos being built on the north side of her with the same problem. She will have no privacy in her back yard. The noise level of construction has also not been enforced. She has called multiple times and they have been parking in her driveway and in front. It took about three months for this to stop. The site is a mess and there's no dumpster requirements. She also has one driveway on one side of her property and is concerned with the other driveway going in and there is a concern if it will be raised or lowered. Also, the fence on the north side of her property continuously falls on her house and it breaks open. The fence is being knocked down and anyone can come in. She would like to see the construction rules enforced at this point.
Sandra Ada at 158 Bayview, Hermosa Beach stated she has called many times regarding the construction. Usually nobody responds. She opposes the raising of the height of the building. There is too much bulk and density already. There is nothing to substitute for mature trees also. There isn't enough in Hermosa Beach now. She would like to preserve the trees. As far as the starting and ending times for construction, perhaps a sign could be required in English and Spanish.
Chairman Tucker stated signage is required now. Also, regarding the height, the applicant is below the 30 foot limit now. They want to just come up to it.
Rebuttal
They will be within the height limit at approximately ½ foot below 30 feet. Regarding the property line wall on the north side, the applicant is proposing a new wall which will be a block wall at 6 feet. The tree in the back is right on the property line and will be difficult to save because there is a wall going through there. The other trees will fall within the width envelope and they would be difficult to move. The developer will do anything they can to save them but it is difficult.
Chairman Tucker stated Palm Trees are getting old and it would be nice to move the two mature trees into the front.
Chairman Tucker closed the public hearing.
Commissioner Pizer asked if the signs are posted in construction areas? Director Blumenfeld stated they are and are about 11 x 17. Whenever a building permit is issues, there are signs entitled construction rules and indicates the name of the contractor and who to call during the times the City can't respond. The police do respond to complaints. Also, inspectors are sent out. Commissioner Pizer suggested doing them in Spanish also.
Chairman Tucker stated the construction workers simply don't care about the hours. Director Blumenfeld suggested it would be helpful to make it as an infraction and after a few cites, then make sure the infraction is pursued with a fine which is payable upon final. The Municipal Code would have to be amended. The majority of the contractors do abide by the rules. There are a few exceptions.
MOTION by Commissioner Perrotti, seconded by Commissioner Schwartz to ADOPT the Resolution as proposed with the modification regarding the trash storage as referred to in paragraph 3, the height issue be reviewed at the next meeting and the mature trees be saved if possible working with staff.
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl ABSTAIN: None
The Commission took a ten-minute break.
11. CON 98-20/PDP 98-25--CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25255 FOR A TWO-UNIT CONDOMINIUM AT 651 11TH STREET.
Staff Recommended Action: To approve said request.
Mr. Schubach stated this is a typical project they are seeing all over town lately. It has three items that is unique to the project. It proposes a full bath and exterior access at the basement level and a condition has been added to prohibit this. Also, the height has been measured in a way that is an alternative. Staff took half the difference between the adjacent grades, top and bottom of retaining walls that exist. Because there has been some cut and fill to the adjacent properties as well as the subject property, this alternative method in the Code regarding how to measure height in these situations was more appropriate. Lastly, the front setback used to have a ten foot setback and was changed and then later, more setbacks were being required for projects. Staff believes the staggered front setback contributes to the architecture, and does not recommend a greater setback.
Commissioner Schwartz stated in the third paragraph under "analysis" the wording "inconsistent" should read "consistent."
Chairman Tucker opened the public hearing.
Fran Yoroman, 1001 6th Street, Manhattan Beach is representing the applicant. The project complies with all of the City requirements. The two buildings are well designed and will be attractive in the neighborhood. They're detached units giving the feeling of single family residential. There is a landscaping plan and there are no Palm Trees proposed. They will agree to the 36 inch box trees. Also, there is no problem with the bath on the lower level going to a ¾ bath and with no outside access. They hope the existing setback will be kept with the design of the building. The entrances are on the side, allowing the entire front to be landscaped.
David Olin, 1243 Palm Drive, Hermosa Beach is the designer of the project. He tried to modulate the front setback rather than just having a straight line. The open space requirement and storage is met.
Chairman Tucker asked if the chimneys can be made smaller. Mr. Olin stated he could knock them down 6 inches.
Chairman Tucker closed the public hearing.
Commissioner Schwartz liked the modulation of the buildings. It will set a good precedent.
Commissioner Pizer liked the design and the modulation makes it look interesting and the side entrances allow more landscaping.
Commissioner Perrotti agrees. Since the building is staggered and only a portion will be at 5 feet, this would be OK.
Chairman Tucker also agreed. He likes the side entrances. It is a fine project and he has no objections.
MOTION by Commissioner Pizer, seconded by Commissioner Schwartz to ADOPT the Resolution as proposed with a rendering being brought to the next meeting.
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl ABSTAIN: None
12. CON 98-8--CONDITIONAL USE PERMIT AMENDMENT FOR ON-SALE GENERAL ALCOHOL AND EXTENDED HOURS OF OPERATION FROM 8 AM TO 2 AM IN CONJUNCTION WITH ALTERATIONS TO AN EXISTING RESTAURANT AT 934 HERMOSA AVENUE.
Staff Recommended Action: To approve said request.
Mr. Lissner stated this item was not properly noticed. He looked for the notice on the 8th and the 10th and drove southbound on Hermosa Avenue and was unable to find it. He looked upstairs and down and could not find the sign. He saw a sign Thursday night at 5:20 am, and this was several hours after he contacted the Building Department.
Mr. Schubach stated they received a complaint on September 10 that there was no sign. He immediately drove over there to look and it was in the front window at the north end of the building in the front, facing out on Hermosa Avenue.
Director Blumenfeld stated staff makes a point of going out to confirm that the signs have been posted. The three methods used are a published notice, a public mailing within a 300 foot radius and a sign posted at the site. Proper notice only requires two of these methods but three are provided.
Chairman Tucker also saw a sign posted in the window.
Mr. Schubach stated the applicant is requesting to extend the hours of operation for what is now an existing restaurant with alcohol. They are also asking to have general alcohol rather than just beer and wine. Instead of a 65% food sales and 35% alcohol sales, the general alcohol license allows you to have 50% of food sales and 50% alcohol sales. The Zoning Ordinance defines restaurants in that regard. The restaurant is being remodeled inside and there were a lot of bar stool seating. A lot of these have been removed and replaced with table seating. There have been no complaints recently regarding the hours of operations. In the past, there was parking and trash facilities in the back and caused people to come and go from the back. There were odor problems also. There is no parking in the back currently and the trash is completely enclosed. There is access to the door now without having to go into the alley to get to it.
Commissioner Pizer asked what kind of restaurant it will be?
Mr. Schubach stated it is a moderate level and will be targeted to an older crowd in comparison to the plaza area crowd.
Commissioners Perrotti was concerned about the compliance to the parking plan and there is suppose to be three more parking spaces added in. Mr. Schubach stated there hasn't been any changes regarding this and it will be imposed on the property owner.
Commissioner Schwartz wondered why this would be considered if the owner hasn't been in compliance. Mr. Schubach stated they are trying to give some fairness to the restaurant owners moving into town.
Director Blumenfeld stated when the applicant applies for a building permit, an architect will have to deal with the accessibility issues and will have to stamp and sign plans submitted.
Chairman Tucker stated some of the garages in the back are not being used for the merchants like they were going to be. One is being used for storage. The landlord needs to comply.
Director Blumenfeld stated this approval could be conditional with the provision that prior to issuance of a building permit for the proposed tenant improvements and/or prior to final occupancy, the applicant shall comply with the provisions of the existing parking plan. The applicant is proposing to amend the CUP for the request of extended hours and general alcohol. There is also some tenant improvements that are proposed that could be linked to the final occupancy.
Chairman Tucker opened the public hearing.
Kevin Wall, 1448 Monterey Boulevard, Hermosa Beach and Mark Marone, 665 8th Place, Hermosa Beach stated the current owner may not be aware of the problems. He just purchased the building. They cannot open the establishment as it is. It smells like dead fish and there's nothing inside that can be utilized unless there is extensive work. The restaurant is not a franchise. It will be a more upscale restaurant and they will be accepting reservations. The foods will be appetizers and seafood and the average check for a meal will be $15-$25. They will need full liquor for this type of concept to work. There is no where to eat after 11 p.m. except Rocky Cola's, the Kettle or a pizza place. They feel there is a market for a product at that time. They will be putting a lot of money into the project and they have years of experience in the restaurant business. They are responsible businessmen and would like to have a chance to make a go of it. The designer who works with them was listed as one of the top 100 architects in the world by Architectural Digest. The chef is from Los Angeles and has worked with them before. His name is Leonard Schwartz and owns Mable Drive in Beverly Hills and the product will be high quality. Mr. Marone clarified that the parts that are petitioned off as bar are not alcohol bars. They are reminiscent of sushi bars and there will be a raised glass enclosure where the dishes can be viewed.
Chairman Tucker is concerned about alcohol being served alone late at night without food. Mr. Wall stated there is a big market for food late at night.
Jim Lissner, 2715 El Oeste, Hermosa Beach stated there has been nothing at the site for one year and that's why there has been no problems. A one year period isn't very meaningful. There are many petitions from the neighborhood showing there have been problems going on for years. This site abuts a residential neighborhood 20 feet away. Granting this CUP enriches rewards for the landlord. The landlord has had the opportunity to read the petitions and realize he is taking over a problem site. This restaurant will be open until 2 am and will bother the residents. The hours could end at 11 am and beer and wine only could be served.
Rebuttal
The applicant realizes there were many problems with the former tenant. There was loud rock and roll music and sushi being served. Their concept is different. If an upscale establishment is being provided, full liquor needs to be served. They are not going to put a $300,000 investment in a property where they don't think they will make a proper return on it. To put limits on the hours of operation will defeat the market they are trying to target.
Commissioner Perrotti stated if this site is such a problem, there would be several people here tonight complaining. There is a letter from F. T. Patton who is against the hours and on-sale alcohol. Commissioner Perrotti feels general liquor licenses do not lead to more problems than beer and wine. He agrees with having an upscale restaurant. If an establishment is managed correctly, there shouldn't be a problem with serving cocktails and the hours shouldn't be a problem. He agrees with staff analysis and would vote for approval as the Resolution is proposed.
Commissioner Schwartz agrees and would like to see a nice upscale restaurant catering to the older crowds. She is concerned with the noncompliance with the previous conditions that are attached to the property. The applicant is the only leverage available for the changes to be made. She doesn't have a problem with the hours and doesn't have a problem with approving it.
Commissioner Pizer doesn't have a problem with the restaurant and feels it will be positive to the community. He still doesn't understand why they need a general alcohol license. The hours are fine.
Chairman Tucker agrees with Commissioner Pizer. He is not opposed to the hour of operations but is torn on the full alcohol for the restaurant. There are also problems that need to be corrected. Can the garage doors be removed and sealed and put an access door in? Director Blumenfeld stated you can condition the approval subject to compliance with the parking plan and the owner can work with the tenant to resolve the issues. This would allow the tenant to go forward with their own plans concurrently with the resolution of the parking issue. Exhibit A illustrates the recommendation to get the project into conformity relative to the parking plan.
MOTION by Commissioner Perrotti, seconded by Commissioner Schwartz, to ADOPT the Resolution as proposed with the condition that a final occupancy permit will not be issued until the existing parking plan for the property has been implemented and the existing garage doors at the rear are replaced with solid walls and standard 3068 doors.
AYES: Commissioners Perrotti, Schwartz, Chairman Tucker NOES: Pizer ABSENT: Vice-Chair Merl ABSTAIN: None
13. TEXT 98-3--TEXT AMENDMENT REGARDING ENCROACHMENT OF STAIRS TO FIRST AND SECOND FLOOR LEVELS INTO SIDE AND REAR YARDS OF EXISTING NONCONFORMING STRUCTURES.
Staff Recommended Action: To recommend approval of said Text Amendment.
Staff is recommending that the Planning Commission recommend to the Council that the Zoning Ordinance be amended to allow existing stairs located in required yards which provide primary access or ingress or egress to a dwelling unit to be maintained, repaired or replaced. There are many older buildings in the City where the primary living area is above grade. The second floor access is entered from an exterior stairway. The stairway is also located in either a required front, side or rear yard. While that was legally permitted when the original older structures were built, the problem is that the stairs are nonconforming to the Zoning Ordinance today. Staff is recommending to allow stairs that are existing nonconforming to be reconstructed which would relax the Zoning Ordinance but would be constructed in conformity with today's building codes so the stairs would have to be constructed out of concrete or metal. The stairs would be allowed to encroach not closer than 36 inches to the front property line, but could extend entirely to the side yard areas without limitation. If the stairs are just being repaired, it would be a miscellaneous repair permit. Staff has been requiring surveys for projects that look like they're encroaching into a side yard and they might be over the property line.
Commissioner Pizer stated, for example, there is a property at 802 The Strand, where the applicant moved the stairs from the adjoining property to the open side that faces the walk street. But the other stairway in the front which everyone sees is right on the property line, is ugly and never got moved. This gives people the right to maintain whatever they want, even if they could move the stairs. Shouldn't this come in front of the Commission for interpretation? Director Blumenfeld stated in that case, staff had asked for a Code interpretation because of the issue of stairs in a required side yard and there was a request to move them into another required yard. But because of the relationship of that side yard to the area that is designated as Open Space Overlay Zone, staff felt the Commission might want to consider relocation to the sideyard. The issue before Commission is different in that it would modify the Zoning Ordinance to permit stair reconstruction under certain conditions.
Commissioner Pizer stated he doesn't want to make more work for anyone but their responsibility is to update the neighborhood and the appearance of the dwellings, particularly the older ones.
Director Blumenfeld stated they will come back with wording that deals with the stairs being a required means of access and there being no other solution that would require a major reconfiguration of the access.
Chairman Tucker opened the public hearing.
Chairman Tucker closed the public hearing.
MOTION by Commissioner Perrotti, seconded by Commissioner Schwartz that staff re-work the Text Amendment and bring it back to the next meeting.
AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice-Chair Merl ABSTAIN: None
14. STAFF ITEMS
Commissioner Perrotti stated Vice-Chair Merl has resigned. When Commissioner Perrotti joined the Commission, Vice-Chair Merl helped him a lot and he will be missed.
15. COMMISSIONER ITEMS
None.
MOTION by Chairman Tucker to ADJOURN the meeting at 10:30 p.m.
No objections, so ordered.
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