City of Hermosa Beach --- 10-17-00

MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF
HERMOSA BEACH HELD ON SEPTEMBER 19, 2000, AT 7:00 P.M. IN THE
CITY HALL COUNCIL CHAMBERS

 

The meeting was called to order by Chairman Perrotti at 7:10 p.m.

Commissioner Hoffman led the pledge of allegiance.

 

Roll Call

Present: Commissioners Hoffman, Pizer, Tucker, Kersenboom and Chairman Perrotti
Absent: None

Also Present: Sol Blumenfeld, Community Development Director
Diane Cleary, Recording Secretary

 

CONSENT CALENDAR

MOTION by Commissioner Tucker, seconded by Commissioner Pizer, to APPROVE the August 15, 2000 Planning Commissioner Minutes.

AYES: HoffmanHHH, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

4a. Resolution P.C. 00-50 approving a 250 square foot expansion and remodel to an existing two dwelling unit development at 63 8 th Street.

4b. Resolution P.C. 00-48 approving a roof deck addition for an existing single family residence with a nonconforming front yard setback at 304 Manhattan Avenue.

4c. Resolution P.C. 00-49 approving a Precise Development Plan amendment to reduce the height of the westerly property line wall from eight feet (8’) to six feet (6’) in conjunction with the 72-room hotel project at 125 Pacific Coast Highway, Holiday Inn Express Hotel and Suites.

MOTION by Commissioner Hoffman, seconded by Chairman Perrotti, to APPROVE Resolutions P.C. 00-50, 00-48 and 00-49.

AYES: HoffmanHHH, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

5a. Resolution P.C. 00-42 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #25678 for a two (2) unit condominium conversion project at 1136-40 Monterey Boulevard (continued from July 18 and August 15, 2000 meetings).

Director Blumenfeld stated that the applicant submitted a detailed topographic survey which demonstrated that the slope is convex. Staff is recommending that the Planning Commission finalize approval of the Resolution.

MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to APPROVE Resolution P.C. 00-42.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

5b. Resolution P.C. 00-51 denied a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #25299 for a two (2) unit condominium conversion project at 936 Monterey Boulevard.

Director Blumenfeld stated that the applicant has prepared a plan that meets the open space requirement by removing a portion of livable and providing it as open space on decks. Further, he informed that the City Attorney has advised that the Commission direct staff to re-notice this item and have a subsequent meeting for reconsideration.

MOTION by Commissioner Hoffman, seconded by Commissioner Tucker, to DENY Resolution P.C. 00-51 and to direct staff to re-notice this item for a public hearing at the next scheduled Planning Commission meeting of October 17, 2000.

AYES: HoffmanHHH, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

5c. Resolution P.C. 00-47 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #26019 for a three (3) unit condominium project at 506 11 th Street.

Director Blumenfeld indicated that this item has been requested to be continued to the next scheduled Planning Commission meeting of October 17, 2000 to allow the applicant time to revise project plans.

MOTION by Commissioner Tucker, seconded by Commissioner Pizer, to CONTINUE Resolution P.C. 00-47 to the next scheduled Planning Commission meeting of October 17, 2000.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

6. ORAL/WRITTEN COMMUNICATIONS

Betty Ryan, representing the Women’s Club of Hermosa Beach, invited the Commission to attend the Annual Pancake Breakfast on Sunday, October 15, 2000, from 8 a.m. to 12 noon at the Clark Building.

 

PUBLIC HEARINGS

CUP 92-34 – REVOCATION OR MODIFICATION OF A MASTER CONDITIONAL USE PERMIT FOR AUTO REPAIR, AUTO BODY AND PAINT BUSINESSES AT 501 – 555 PACIFIC COAST HIGHWAY (CONTINUED FROM AUGUST 15, 2000 MEETING).

Staff Recommended Action: To modify the master Conditional Use Permit.

Director Blumenfeld gave a brief staff report and reviewed the CUP violations which included vehicles which were parked on site, vehicle repair done outdoors, auto salvage and storage. He indicated that over the last two months, the owner has improved the property and corrected many of the violations, with very little spillover parking on 6th Street occurring currently. He reviewed, however, CUP violations are still present. He indicated that staff does not believe there are grounds for revocation at this point, and a Resolution to modify the CUP has been provided. He also stated that the owner’s representation has requested that a decision be deferred for another 90 days, as the business is substantially in compliance with the master CUP.

In response to Commissioner Tucker, Director Blumenfeld stated there is an AQMD approval and Fire Department approval as well. He also explained when there is auto storage of 25+ cars, a clarifier is required to be installed, and he stated that the northwesterly end of the property would be the area involved.

In response to Chairman Perrotti, Director Blumenfeld explained that there are several tenants all operating under one master CUP. He stated that there have been some problems with continuity between the tenant’s lease agreement and the operating CUP for the property.

 

Chairman Perrotti opened the public hearing.

Jack Wood, representing the owner, stated that any of the noncompliances that occurred were unintentional or slipped from general compliance to less than full compliance by actions of the tenant. He pointed out that the landowner does not have a store on the property and is in charge of enforcing the regulations for the City, and he has five existing tenants with preexisting relationships with rental or lease agreements. He explained that there are potential problems present such as the business owner possibly not being cooperative, the employees being difficult to deal with and customer convenience. He believed that they are very close to being in compliance with 93-11. He explained that the tenant who works on unregistered old vehicles has been given notice to leave and has removed approximately 25 cars off the lot. He pointed out that 6 th Street is a commercial street at one end and a residential street on the other end which may create conflicts. He also stated that automobiles are allowed 21 days to be worked on inside the shop, and he said most of the repairs are done inside. He also stated that there are 66 parking spaces available with 40 spaces more than necessary by terms of the CUP. He also indicated that it is difficult to enforce parking for the employees in the parking lot and prohibiting customers from parking on 6 th Street.

He further stated that one of the tenants has left, and Chief Muffler has expanded into this space with nine more usable spaces allocated for daily operations. This tenant is the busiest on the site, and he explained that some vehicles may have to be worked on outside due to the size of the vehicle. He provided pictures taken on Saturday showing the new striping with the lot being vacant.

He summarized stating that they have made substantial compliance with the requirements of the additional CUP. He expressed reluctancy meeting new requirements if they are unnecessary, and he requested an additional 90 days to meet all violations of the CUP.

In response to Commissioner Hoffman, Mr. Wood explained that the tenant who restores automobiles has been issued a notice to leave and has removed the cars. He indicated that he has been a good tenant who has been there for a long time.

Margo McDonald indicated that the employees have discontinued parking cars on 6th Street and hopes it continues. She thanked the Planning Commission and business for reestablishing compliance to the CUP, and the reduction of congestion and noise is greatly appreciated.

Paul Burke believed that a mechanism should be in place to insure that the backsliding of the CUP does not continue to occur. He agreed that the modifications proposed are reasonable.

In response to Chairman Perrotti, Mr. Burke explained that cars have been present all day on 6th Street, and he also said that cars have been parked for several days at one time.

Sena Sharp stated that her office faces 6th Street and has observed employees parking on the street. She stated that she has spoke to the businesses three times, and the owner is only now exercising some changes due to enforcement being imposed. She does not believe a 90-day delay should be granted.

Elizabeth Connolly stated that there has been a significant improvement with the parking on 6th street and hopes it continues.

Rebuttal

 

Mr. Wood appreciated the neighbors’ observation, but he believed that people have the right to use the street for parking. However, he agreed that the cars parking for any length of time should be removed.

Chairman Perrotti closed the public hearing.

Commissioner Hoffman pointed out that all of the complaints presented are addressed in the existing CUP. He believed that the current CUP needs to be enforced rather than creating additional guidelines.

Commissioner Pizer stated that the owner has had six months to comply and questioned the decision being deferred another 90 days. He agreed with modifying the CUP.

Commissioner Tucker stated that there are still several issues that need to be addressed, and the CUP needs to be modified. He would like to see the employees use their own lot, the fence along 6th Street be maintained, the entrance gate be widened with a no right turn sign and a clarifier installed on the parking lot.

Commissioner Kersenboom stated he has seen improvement on the property. He pointed out that there is enough parking for employees on the site, and 6th Street has become less cluttered. He believed that the remaining issues can be addressed without changing the CUP.

Chairman Perrotti stated that changes have been made due to enforcement and pressure, and the parking lot has not been used properly. He agreed that the parking lot should be used by the employees. He also agreed with the 90-day deferral and the modification to the CUP that staff has recommended.

MOTION by Commissioner Pizer, seconded by Commissioner Tucker, to MODIFY the master Conditional Use Permit for auto repair, auto body and paint businesses at 501 – 555 Pacific Coast Highway per staff recommendation.

AYES: Pizer, Tucker, Chairman Perrotti
NOES: Hoffman, Kersenboom
ABSENT: None
ABSTAIN: None

 

CUP 00-6 – CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONNECTION WITH A 405 SQUARE FOOT ADDITION TO AN EXISTING RESTAURANT AT 1031 HERMOSA AVENUE.

Staff Recommended Action: To approve said request.

Director Blumenfeld summarized the staff report and stated that a new plan is attached to the staff report showing full compliment of required parking on site. The parking has been restriped accommodating 17 parking spaces with 5 compact and 11 standard and 1 accessible space. The restaurant will now have both adequate parking for the existing facility and for the proposed expansion. He also said the proposed license is appropriate to the downtown and appropriate to the use in the zone. However, there are several nonconforming residential uses immediately to the west that could be impacted with the change of hours to 2 a.m. which is commensurate with the restaurants in the area. He summarized that staff believes that the use is appropriate to the zone and General Plan and recommends approval.

In response to Commissioner Tucker, Director Blumenfeld explained the minimum size for a handicap space and also indicated that some additional planting will be picked up in the patio area which will compensate in terms of footage for the loss of the planter in the parking lot. He also explained that the seating will be provided at 1 per 15 square feet of gross floor area both inside and out, unless the seating is fixed.

Chairman Perrotti opened the public hearing.

Jerry Compton, architect for the project, indicated that some modifications to the landscaping plan have been made which he provided to the Commission. He explained that the parking in the front of the building was pushed over providing parameter landscaping. He said the existing landscaping in front on the street side will be kept in place and a triangular area created by the diagonal parking will be removed. He further said that there will be 66 seats total based on 1 per 15 square feet including the exterior area. He said the building will be the same configuration but just extended. Access will be provided from the inside to the outside through doorways so that the seating area will be enclosed and become a part of the seating for the restaurant.

In response to Commissioner Tucker, Mr. Compton said the 66 seats would be the dining area.

Alfredo Carrillo said he has been the owner of a restaurant for the City of Lomita for 20 years and has been in the business for 30 years. He said that they would serve breakfast, lunch and dinner and would like to have late dining on Fridays and Saturdays to 2 a.m.

In response to Chairman Perrotti, Mr. Carrillo said the food served would be Mexican.

In response to Commissioner Hoffman, Mr. Carrillo said the prices would range from $8 to $9 per entree.

In response to Commissioner Kersenboom, Mr. Carrillo explained that the late hours on Fridays and Saturdays would be to accommodate patrons coming out from other establishments such as the Comedy and Magic Club.

James Kilor, attorney for the applicant, said that Mr. Carrillo runs a great restaurant. He has taken two restaurants in Lomita and made them into a classy operation. He has 100 employees and has never been sued or had any complaints. He assured that the operation would be well-organized, well-maintained and very clean. Further, Mr. Carrillo is sensitive to parking and has made arrangements for his employees to park elsewhere or take the bus. He also said Mr. Carrillo sells beer and wine in conjunction with food only. He highly recommended Mr. Carrillo, and said he would be a great addition to the community.

Jim Lissner expressed concern with another restaurant be approved for on-sale alcohol. He pointed out that many of the restaurants have been in business for many years without liquor. He stated that Hermosa Beach already has a higher concentration of liquor licenses than any other city in the county. He expressed concern with further crimes and assaults in connection with alcohol consumption, additional policing expenses and taxes. He believed that the City loses money on each liquor license sold. He pointed out that the CUP will stay with the land and may progress to having full liquor, longer hours and full entertainment. He also indicated that the City needs more retail shops. He requested that the extended hours and liquor license not be granted.

Greg Camacho stated that he has owned the property for five years and reviewed the previous tenants that were located on the site. He said that they have not found the right tenant for the site. He believed that Mr. Carrillo would be the correct tenant and have agreed to the changes of enlarging the location to retrofit the parking to accommodate the size, which will fit with the City Plan. He believed that Alfredo’s Restaurant will be an asset to the City, the general public, tourists and local businesses. He also believed that the addition of the beer and wine license would be appropriate.

Chairman Perrotti closed the public hearing.

Commissioner Kersenboom stated he does not see a problem with beer and wine at the establishment. He believed that the patio hours could close at 10 p.m. and inside hours could remain open until 2 a.m. on weekends. He stated this restaurant would make the location very nice.

In response to Commissioner Tucker, Director Blumenfeld explained that any CUP that was issued with the previous liquor store establishment would not apply.

Commissioner Tucker stated he would like to see the hours of operation limited for six months and continue with the hours of the previous restaurant.

Commissioner Pizer stated he would like to see guidelines on how many establishments serve alcohol. He stated he does not believe alcohol is required for a successful restaurant, and is against beer and wine at this establishment.

Commissioner Hoffman expressed concern with patio noise, and he would like to see the hours reduced and limitations on amplified music. He also suggested modifying the CUP to reflect reduced hours.

Chairman Perrotti also expressed concern with noise in the patio and stated he would like to continue with the hours of the previous restaurant for the interior. He also suggested reviewing in six months the operation of the restaurant.

MOTION by Commissioner Tucker, seconded by Commissioner Hoffman to APPROVE a Conditional Use Permit for on-sale beer and wine in connection with a 405 square foot addition to an existing restaurant at 1031Hermosa Avenue with the following modifications:

  • Modify the hours of operation to be from 7 a.m. to 11 p.m. on Sunday through Thursday and 7 a.m. to 12 midnight on Friday and Saturday,
  • No music on the patio and to close at 10 p.m., and,
  • A six-month review after the date of opening.

AYES: Hoffman, Kersenboom, Tucker, Chairman Perrotti
NOES: Pizer
ABSENT: None
ABSTAIN: None

 

VAC 00-1 – STREET VACATION OF APPROXIMATELY EIGHT (8) FEET ON EACH SIDE OF THE EXISTING SIXTY (60) FOOT RIGHT-OF-WAY ON SILVERSTRAND AVENUE BETWEEN 24TH STREET AND 25TH STREET.

Staff Recommended Action: To recommend approval of said street vacation.

Director Blumenfeld gave a brief staff report and stated that the property owner is proposing a remodel that incorporates a cantilevered bay window on the front of the existing dwelling. However, the dwelling already has a nonconforming front setback (4 feet instead of the required 8 feet) and the installation of the bay window exacerbated this nonconforming condition. He said the owner requested that City Council consider a vacation as a way to help remedy the matter, as close to 80 percent of the properties along the street are nonconforming with respect to the front yards.

The matter before the Commission is to determine if the vacation is in conformity with the City’s circulation element of the General Plan. He also stated that if the Planning Commission declares that the vacation of the unused portion of right-of-way is excess and not in conflict with the City’s General Plan, then the vacation process will proceed as a Public Works Department project. Also, the existing sidewalk along both sides of Silverstrand Avenue will not be affected by the vacation. He also pointed out that there would be no transfer of title occurring.

In response to Commissioner Tucker, Director Blumenfeld stated the issue of utilities in the right-of-way will be addressed in the street vacation. He said the City would maintain an easement to maintain any utilities in the right-of-way.

Chairman Perrotti opened the public hearing.

Dency Nelson expressed concern with the noticing process. He further expressed concern with paying additional property taxes on the additional land, which would provide no benefit and may not be used. He indicated that the additional tax on his portion would work out to approximately $600/year in additional taxes. He pointed out also that the street is assessed an additional undergrounding assessment fee.

Walter Wilmont stated he would be in support of the vacation, as he is in the process of building a home. He explained that his architect has designed a home which has a basement, two stories and a double garage. He stated, however, that the front of the house sits out 4 or 5 feet behind his neighbors homes which limits his view down the street.

John Gleason expressed concern with the undergrounding assessment fee. He pointed out that there are people on the street on fixed incomes, and he believed that the additional tax assessment would not be fair.

Brad Slocum believed that the setbacks were to provide more parking and the prevention of building right up to the edge of the lot. He suggested that the bay window issue be accomplished through a Variance. He also suggested that a lot-by-lot basis could be considered.

Kathleen Greenspan stated she is the owner of the property with the bay window issue and explained that the bay window was moved back 3 inches per inspection. She explained that upon the second set of plans submittal for the deck additions, it was discovered that the bay window was intruding into the setback. She said it was suggested by the City officials to obtain a vacation of the easement so that the homes would be in alignment and conformance. She was unaware of the proposed property tax increase.

In response to Chairman Perrotti, Director Blumenfeld explained that had the owner correctly indicated the front yard setback on her plans and/or submitted a survey, the problem would not have occurred. The City now is requiring a survey when there is a change out of projecting windows even though the cost of the survey may exceed the cost of the window change out. He indicated that Council felt because of the number of residents that were currently noncomforming that would be brought into conformity with this change, that it would be a reasonable way to help solve the problem for approximately 80 percent of the properties along the street. He said the benefits of the additional land outweigh the issue of taxes.

Bud Miller explained that he called the County Assessor’s office who informed him that they would probably be reassessed.

Ron Lindell expressed concern with the tax implications and the ability to change the property in the front.

Director Blumenfeld explained that there is the ability to use an additional 8 feet of property which represents an opportunity for the use of the property and a real value to the property owner. He also explained that the owner at 2445 Silverstrand cannot obtain relief any other way with no grounds to grant a Variance. He said that the curb, gutter and sidewalks stay where they are currently located; what changes is the front yard setback.

Jerry Compton stated that this issue came up in the 1980’s and is pervasive across the City which is City owner property used privately and is a potential liability to the City. He believed that 80 percent of the walk streets should be vacated. He pointed out that there is no transfer of title involved and it would have to be brought to the Assessor’s attention on a lot-by-lot basis for reassessment.

Blare Smith stated that Silverstrand was R2 originally and was down zoned to R1 and the setbacks were changed. He believed that the citizens would prefer to accept liabilities rather than increased taxes. He also believed that Silverstrand should be setback to what it was when it was R2.

Dan Erickson agreed that the proposal sounds logical. He indicated that the property owners have been maintaining, using and considering their property from the sidewalk to the end of their lot. He suggested that the City charge $1/square foot, which would establish a value that can be assessed.

Ken Ness expressed concern with additions and buildings projecting further and further out.

Chairman Perrotti closed the public hearing.

Commissioner Hoffman believed that vacating the 8 feet would not impact the Circulation Plan.

Commissioner Pizer also believed that the vacation is in conformance to the City Plan.

Commissioner Tucker stated that the City has many nonconformances and believed this should be looked at as a case-by-case basis and grant an easement. He pointed out that the City would never use the land.

Director Blumenfeld said that a preponderance of Variances should be avoided. He explained that a new building line setback could be designated for the street, but it would be highly unusual. He also pointed out that the issue of case by case tends to make Zoning Ordinances and Land Use standards very difficult to implement.

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom to CONCUR that that the vacation of approximately eight feet on each side of the existing sixty-foot right-of-way on Silverstrand Avenue between 24th Street and 25th Street is in conformance with the City’s adopted General Plan.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

The Commission recessed at 9:45 p.m.
The Commission reconvened at 9:55 p.m.

 

CON 00-10/PDP 00-12 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25990 FOR A TWO-UNIT CONDOMINIUM AT 1641 GOLDEN AVENUE.

Staff Recommended Action: To approve said request.

Director Blumenfeld summarized the staff report and described the project. He stated that the project conforms to the Zoning Ordinance, provides adequate parking and meets the setback, lot coverage and open space requirements He said, however, there is not a 17-foot setback measured from the plan’s sidewalk. He indicated that staff is recommending that the applicant revise the plans to reflect the new setback requirement with respect to the nearest public improvement which would be back of sidewalk. He indicated that this is addressed in Condition 2 of the Resolution along with adding the language, "Prior to the issuance of a building permit, Public Works Department shall make this determination."

In response to Chairman Perrotti, Director Blumenfeld indicated that the Public Works Department provided a list of streets for planned sidewalk improvements. However, some of the streets have been eliminated.

In response to Commissioner Tucker, Director Blumenfeld explained that the posting of the orange sign is a requirement of the applicant; however, staff may not have checked on the posting in this instance.

In response to Commissioner Tucker, Director Blumenfeld informed that a 5-foot sidewalk would have to be provided for the project. He also stated that the plans would have to be revised to include the dimensions.

Chairman Perrotti opened the public hearing.

Larry Peha, Peha and Associates, stated that he was told by Public Works that no sidewalks were required on 17th Street or Golden. He also explained that they only use preliminary dimensions on the preliminary plans. He stated that the project is on a corner with two fronts, creating two unique units with entries separated and garages on two different streets.

In response to Commissioner Kersenboom, Mr. Peha explained that the 17 feet is to the nearest improvement which is going out to the street, as they were told a sidewalk was not required.

In response to Commissioner Tucker, Mr. Peha indicated that the trash areas are typically shown in the garages.

In response to Commissioner Pizer, Mr. Peha explained that the setback will push back the garage depending on the depth of the required sidewalk. He also indicated that most of the changes would be in respect to the interior.

Paul Vogel stated he lives across from the property and expressed concern with traffic congestion in the morning and afternoon. He believed that higher density housing would increase this problem. He further expressed concern with emergency vehicle access. He stated that higher density housing with minimum setbacks would change the nature and feeling of the neighborhood. He said he would like to see setbacks maintaining the historical standard of large front yards. He also expressed concern with precedent setting in the neighborhood, as four other lots are either going to be up for sale or developed in the near future. He questioned the height restrictions and where the corner points were taken.

John Schmitt expressed concern with children going to school down Golden Avenue and the street being very narrow.

Chairman Perrotti closed the public hearing.

Commissioner Tucker informed that a letter was received from Warren and Peggy Barr who expressed that the area remain as single family homes.

Chairman Perrotti informed that a letter was received from Lowell and Gloria Stirratt who are opposed to the project.

Commissioner Tucker believed that this item should be continued until the further revisions are made to determine the location of garages and the 17-foot setback for the parking.

The Commission agreed.

Chairman Perrotti pointed out that R-3 should be changed to R-2 in Section 4, Item 2 of the Resolution.

MOTION by Commissioner Tucker, seconded by Commissioner Pizer to CONTINUE to the next Planning Commission meeting of October 17, 2000 CON 00-10/PDP 00-12 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25990 for a two-unit condominium at 1641 Golden Avenue, to resolve the public right-of-way issue along with the correct parking requirements.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

CON 00-17/PDP 00-19 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #26027 FOR A TWO-UNIT CONDOMINIUM AT 817 MONTEREY BOULEVARD.

Staff Recommended Action: To approve said request.

Commissioner Hoffman excused himself from the dais.

Director Blumenfeld summarized the staff report and described the project. He said the project meets the requirements of front yard setbacks and maximum lot coverage. However, he stated that the project contains a projection of approximately 1 foot and extends 11 feet. The Code allows a projection of up to 8 feet in extension, so the Commission would have to find that this 1-foot projection constitutes an architectural projection.

In response to Commissioner Tucker, Director Blumenfeld stated that prior to the recordation of the final map, the applicant must demonstrate to the satisfaction of the Finance Director that any outstanding assessments have been paid in full and are apportioned to any newly created parcels.

Chairman Perrotti opened the public hearing.

Bob Vargo presented pictures of another development which would be similar to the proposed project. He indicated that the architectural projections are pointed out on the second floor plan and are used to enhance the design of the project, giving it more relief and giving a recessed window effect and does not create additional square footage. He said it also creates a very good curb appeal. He also stated that it breaks up the boxiness of the building and gives relief to the side yard. He said that they have maximized the landscaping portion of the front as much as possible with a 17-foot minimum for the cars to pass.

In response to Commissioner Kersenboom, Director Blumenfeld believed that the projection does not contribute to the floor area.

Marian Rafael stated she is across the street form the proposed project and expressed concern with the loss of her view, the decrease in the value of her property and the height of the buildings.

Mr. Vargo stated that the project has a down sloping lot and the front appears to be a two story. He said because of this, the building will be 4.5 to 5 feet lower than the height limit in the front.

Chairman Perrotti closed the public hearing.

In response to Commissioner Kersenboom, Director Blumenfeld explained that an architectural encroachment is allowed to project up to 1 foot, not extending more than 8 feet. He said the encroachment for the project extends 11 linear feet, creating an additional 3 feet more than what would be considered an architectural projection.

Commissioner Tucker stated he would like to see the architectural projection reduced to 8 feet. He also said he would like to see the front end broken up further to reduce massiveness. He noted that the windows in front of the dining room are too busy.

Commissioner Pizer stated that the design is fine and an extra 3-foot projection will not make any difference.

Chairman Perrotti stated that per Code, the projections should be no wider than 8 feet.

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom to APPROVE CON 00-17/PDP 00-19 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #26027 for a two-unit condominium at 817 Monterey Boulevard, with the following modifications:

  • The architectural projections be no more than 8 feet and be held back from the front end of the building by 4 feet (starting at the window), and,
  • The front elevation have a 1-foot variation to break up the mass

AYES: Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: Hoffman
ABSTAIN: None

Commissioner Hoffman returned to the dais.

 

CON 00-18/PDP 00-20 – CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #26045 FOR A THREE-UNIT CONDOMINIUM AT 1520 HERMOSA AVENUE.

Director Blumenfeld summarized the staff report and described the project. He explained that there is a significant difference in elevation in the property, resulting in an extensive amount of basement condition with extensive grading required. He indicated that the applicant is proposing to re-stripe the on-street spaces so there is no net loss in the number of parking spaces. He also said that the project is 0.5% over maximum lot coverage. He further indicated that the project conforms to all the height requirements, and that stamped concrete is proposed in the driveway area.

In response to Commissioner Pizer, Director Blumenfeld said there is a 25+-foot turning radius.

In response to Commissioner Hoffman, Director Blumenfeld indicated that the applicant is presenting a 1-per-1 re-striping to demonstrate no loss in parking.

Chairman Perrotti opened the public hearing.

Elizabeth Srour, representing the applicant, presented a rendering to the Commission and indicated that the property has some constraints due to the grade. She said the proposal presents three entry level beach units with beautiful ocean views. She stated the intention is to take the parking off the street to parking within the lot itself to double garages. She further clarified that the turning radius is 28.5 feet. Further, there will be good accessibility for guest parking. She noted that the architect has looked at realigning parking on the street which would involve the parking meters. She concluded that the proposal is an advantageous use of the property with the least disruption to on-street parking and also presents a more attractive street face.

Chairman Perrotti closed the public hearing.

Commissioner Hoffman expressed concern with the north side elevation needing more articulation.

Commissioner Pizer indicated that any further net loss in parking spaces would be a major change which should have been defined before it came to the Commission. He also believed that the appearance of the building appears to be bulky and unattractive.

Commissioner Tucker agreed with the bulkiness, especially with the back unit. He said the lot is being maximized and the storage lockers are too big.

Commissioner Kersenboom stated that the lot coverage is over. He also questioned the loss in parking, and he said the back unit is much too bulky.

Chairman Perrotti believed that the lot coverage issue could be worked out with staff and the parking spaces on the street can be resolved. He suggested continuing this item to the next meeting for the applicant to work with staff to modify the plans to conform to the Commission’s suggestions.

MOTION by Commissioner Pizer, seconded by Commissioner Kersenboom to CONTINUE CON 00-18/PDP 00-20 – Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #26045 for a three-unit condominium at 1520 Hermosa Avenue, to allow the applicant to work with staff to address the architectural appearance and lot coverage and to define the parking needs.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

HEARING(S)

 

14. CON 98-15/PDP 98-20 – REQUEST FOR EXTENSION OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO. 25226 FOR A TWO-UNIT CONDOMINIUM AT 228 ARDMORE AVENUE.

Staff Recommended Action: To approve for a one-year extension.

Director Blumenfeld indicated that the applicant has requested to extend the duration of the map by an additional year, by Minute Order.

Chairman Perrotti opened the public hearing.

Jerry Compton indicated that he is available for questions.

Chairman Perrotti closed the public hearing.

MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom to APPROVE the one-year extension for a Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 25226 for a two-unit condominium at 228 Ardmore Avenue.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

14. CUP 99-3 – SIX MONTH STATUS REVIEW OF THE AMENDED CONDITIONAL USE PERMIT FOR IBIZA RESTAURANT AT 934 HERMOSA AVENUE.

Staff Recommended Action: To receive and file.

Director Blumenfeld indicated that the applicant has submitted a plan pursuant to the Council direction which was referred by staff and gave the owner plan corrections and found that the plan still did not pick up several changes that were required under the parking plan and the CUP modification. He said that the owner’s architect has indicated that they will be working with staff to pick up these other changes. He said that once this is done, a building permit can be issues and the outstanding conditions will be resolved. He indicated that the only item that does not show on the plan, which would be a separate submittal, is enclosure of the patio area.

In response to Commissioner Tucker, Director Blumenfeld stated that the subject of this review is to address all Building Code issues and planning issues before a new tenant enters the site.

MOTION by Commissioner Hoffman, seconded by Commissioner Tucker to RECEIVE AND FILE CUP 99-3 – Six month status review of the amended Conditional Use Permit for Ibiza Restaurant at 934 Hermosa Avenue.

AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti
NOES: None
ABSENT: None
ABSTAIN: None

 

15. STAFF ITEMS

Interpretation of condition relating to reconfiguration of parking area at 530 6th Street, South Bay Storage.

Director Blumenfeld summarized the staff report and stated that the applicant has requested that the Commission examine this issue with respect to reworking Condition No. 5. The owner has determined that it might better serve his needs if he could reconfigure the parking situation which would create the opposite condition from Condition No. 5. Staff is asking direction as to whether this would constitute a major or minor modification. He further informed that letters have been received from the applicant and Public Works. He said the City’s Traffic Engineer believed that this change would not negatively affect visibility at the intersection.

Raymon Sulser, representing Hunt Enterprises, stated that there would be the same amount of parking, and the existing wall would remain with wrought iron on the top for greater visibility with landscaping in front. He believed this would be an improvement to the property.

Commissioner Hoffman stated that the project is an improvement and believed that the change would be a minor modification.

Commissioners Pizer and Kersenboom agreed that the change is a minor modification.

Commissioner Tucker said that the entrance on Valley was due to 34 feet of setback to prevent trucks from blocking the street. He believed the change is a major modification and expressed concern with trucks parked on the street trying to enter may block 6th Street.

In response to Chairman Perrotti, Mr. Sulser explained that the gate will have an automatic opener but will be unlocked during the daytime from 8 a.m. to 6 p.m.

Chairman Perrotti believed that the change would be a minor modification and will not have much of an impact.

MOTION by Commissioner Hoffman, seconded by Commissioner Pizer to CONCUR that the proposed parking reconfiguration at 530 6th Street, South Bay Storage, is a minor modification.

AYES: Hoffman, Pizer, Kersenboom, Chairman Perrotti
NOES: Tucker
ABSENT: None
ABSTAIN: None

 

Interpretation of condition relating to removal of windows on building exterior and exterior railing at 49-53 Pier Avenue.

Director Blumenfeld summarized the staff report and reviewed the history of the project. He indicated that approximately 16 feet of doors, window and wall had been removed at the southerly balcony and the west face of the restaurant expansion based upon a staff approved plan. The plan should have been referred to the Director for review and approval pursuant to condition No. 1 of the Resolution but was not. Upon inspection of the project for final approval, the change was noted and further removal of a 16-foot section of fixed window was prohibited to permit the matter to be referred to Planning Commission. He also stated that the applicant has submitted a letter with his own plans. He stated that the Planning Commission is requested to determine whether removal of an exterior fixed window and wall area represents a major or minor project modification. He pointed out that this removal does not change the function of the use in either location on the south or west side of the building and that open dining along Pier Plaza no longer requires a C.U.P.

In response to Commissioner Tucker, Director Blumenfeld stated that the fixed windows would remain depending on the Commission’s direction.

Director Blumenfeld also described the railing design currently installed without approval. Staff provided an alternate design and reviewed it with Commission. In response to Chairman Perrotti, Director Blumenfeld explained that there needs to be a protective screen and that the railing does not become a receptacle for items. He indicated this problem could be eliminated by putting the screen on the inward side of the top of the railings. He also said the owner is proposing to have some fixed seating in order to accommodate a double loaded condition on the outdoor dining deck. Staff believes that the fixed seating and the protective screen could be designed in such a way to discourage items being placed on the railing creating a hazardous condition and use as a bar top.

Gary Vincent, Vice-President of Fat Face Fenner’s Falloon Ltd., stated that the Lexan is very strong and creates a windscreen. He said that they want to remove the windows and duplicate the railing with a 24-inch piece of Lexan which would give them an 18-inch opening above the Lexan for air to come in. He also said that there will be fish netting or lattice across the front of the railing, staying with a nautical theme and tying the restaurant together.

Commissioner Tucker believed that nothing will fall off the rail with the current design. He said the Lexan would create a barrier from objects flying off and people yelling down at people at the promenade. He said he would like to see the Lexan extend all the way around.

Commissioner Kersenboom would like the design to be integrated as part the building.

Director Blumenfeld stated that the form of attachment creates an uneven effect since the face of the material follows the contour of the uneven railing. He noted it is difficult to keep the windscreen in alignment and the material tends to deflect as it gets taller.

Chairman Perrotti believed that the change is a minor modification regarding the window removal.

In response to Commissioner Tucker, Mr. Vincent agreed to use staff’s railing design with the Lexan windscreen.

Commissioner Pizer believed that wood would make the design look to heavy and agreed with using aluminum per staff’s recommendation.

The Planning Commission CONCURRED by Minute Order that the removal of the exterior windows is a minor modification.

The Planning Commission CONCURRED by Minute Order to incorporate staff’s design for the handrail using Lexan, wood as a channel and cap and the height being no higher than 5 feet.

 

Election of the Planning Commission Chairman and Vice-Chair.

MOTION by Commissioner Hoffman, seconded by Commissioner Kersenboom to ELECT Sam Perrotti for Chairman and Ron Pizer for Vice-Chair.

AYES: Hoffman, Tucker, Kersenboom
NOES: None
ABSENT: None
ABSTAIN: Pizer, Chairman Perrotti

Tentative future Planning Commission agenda.

Community Development Department Activity Report of July, 2000.

City Council minutes of August 1, 8, 28 and September 5, 2000.

 

16. COMMISSIONER ITEMS

None.

 

17. ADJOURNMENT

MOTION by Commissioner Tucker to ADJOURN the meeting at 11:55 pm.

No objections, so ordered.

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