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HomeMy WebLinkAboutPC_Minutes_1983RES . DATE NO. ADOPTED 82-33 ll/J/82 82-34 11/16/82 I , 82-35 11/16/82 82-36 11/16/82 LOCATION 715 3rd St. tentative map #36125 CITY-WIDE 1431 Monterey tentative map #142£$6 "Thompson property" and •11 Priamos Property 0 DESCRIPTION · RESOLUTION approving a 6-unit condo- minium ant tentative map #36125 RESOLUTION of intention to hold a public hearing to c9nsider amending the zoning code by redeftning Hotel Motel RESOLUTION approving a·2-unit ·condo- minium tentative map #14276 RESOLUTION recommending to the City Council to rezone areas known as "Thompson Property" & "Priamos Prbperty" RES. NO. 83-30 8J-J3 83-32 DATE ADOPTED 12-20-83 1-4-84 1-4-84 LOCATION City Wide City Wide 166 Hermosa Avenue ---- DESCRIPTION Resolution rescinding Resolution P.C. 83-25, retaining H.B. Cit) foning Section 1103 as is. To consider amending 'the Zonirl!i Code, Section 11.5, OFF STREET PARKING to include a provision for on Street Parking spaces lost due to curb cuts and/or driveways. Approving a 5-Unit Condo and CUP for propE:,rtY located at 166 Hermosa Avenue, Tentative Tract Map #43055. RES. NO. 83-·l 8 83-19 83-20 83-21 83-22 83-23 ' 83-24 83-25 83-26 83-27 83-28 83-29 83-3·1 DATE ADOPTED 6/7 /83 7/5/83 9/6/83 9/6/83 8/2/83 9/20/83 9/20 LOCATION City Wide 715-723 3rd Street 1800 blk. of Harper 166 Hermosa Avenue 40 PCH-Caseys Cars CITY WIDE CITY WIDE City Wide 10-18-83 608 .612 Loma Drive DESCRIPTION Resolution of Intention to consider amending the zoning code to include a section per- taining specifically to satelli e receiving antennae. Resolution approving a 7-unit condominium & CUP. Resolution approving zone chang from Open space to R-1 - Resolution approving zone chang from C-1 to R-3. Resolution approving pre-fab building design characterists. Resolution Amending Art. 12 to include Sec. re:Satelite Antenn esolution deleting rooming/ oarding/lodging from Hotel/Mote ~solution adciptf~g -in amendmen ·rr the regulations governing t h -Potential zone along P.C. ·H. Resolution approving a time ex tension for tentative tract ma #14584 and conditional use permit. 10-18-83 1220 Monterey Boulevard Resolution approving a 2-unit condominium and conditional us permit. 10-18-83 1272 Strand -Poop Deck Resolution approving a ~atelli .antenna. 10-18-83 City Wide 12-20-83 City Wide Resolution approving the estab lishing of procedures and re- quirements for the considerati of Development Agreements unde government code section 65864- 65869.5 Resolution a~prbving and recom- mending to the City Council of H.B. the adoption of the housin element. RES. NO. 83-9 83-10 83-11 83-12 83-lJ 83-14 83-15 83-16 L_ 83-17 DATE ADOPTED 4/5/83 4/19/83 4/19/83 4/19/83 4/19/83 4/19/83 6/7 /83 6/7 /83 6/7 /83 LOCATION 732 Manhattan Ave. 1442-48 Manhattan 651 Fourth Street City wide Cii:\y wide City wide 1800 Prospect Avenue Boatyard Site 440-2nd Street 100-112 Monterey DESCRIPTION Resolution approving a 2-uni t condominium and parcel map #15562. Resolution approving a 6 mo. ti me extension for tentative tract map #42255 & CUP. Resolution approving a 12 mo. time extension ~for tentative parcel map #14366 and CUP. Resolution denying an amend - ment to the C-potential zone along Pacific Coast Highway Resolution approving modifi- cations to the standard cond - itions of approval for resi- dential condominium pro- jects . . • Resolution denying an amend - ment to t he zoning code, section 1165, parking area in R-3 or R-P zones, to allow parking lots in R-3 zones . Resolution of the Planning Cammi ss ion approving a lot .1 in adjustment at 1800 Prospect Avenue, Hermosa View School. Resolution approving final plan for 75 condos. Map #22187 and CUP for property located at 440-2nd Street. Resolution approving 7 unit con o CUP & Map #42874 at 100 -112 Monterey. \ -,,/ t --- RES. NO. 83-1 83-2 83-3 _ 83-5 83-4 • 83-6 83-7 83-8 DATE ADOPTED 4/5/83 LOCATION CITY-WIDE CITY-WIDE CITY-WIDE SEAVIEW PROPERTY CITY-WIDE 1833 p,-.'C. H. CITY-WIDE 2519 Valley Drive DESCRIPTION RESOLUTION reaffirming cu - rent standards for condo- minium conversions and stating a philosophy re- lating to condominium conversions in the commun ity. RESOLUTION to not approve the concept of bed and breakfast for rent rooms in the City. RESOLUTION amending Arti- cles 2 and 11.5 of City Zoning Code; redefining motel, hotel and defining boarding house, rooming house and lodging house. RESOLUTION to hold public hearing to consider Pezon- ing prope1°ty to commercial planned devedlopment. RESOLUTION amending Artilce 6 o he zoning code to include board ing house, rooming house and lodging house as permitted uses and amending Article 10 by modi fying these uses . RESOLUTION approving a time ex- tension for Tentative Tract Map #40578 RESOLUTION denying a proposed amendment to Zoning Code Articl 8 , Section 802, eliminating the 3 story height limit on struct- ures in Commercial zones. e s. amending Land Use lement of G.P. from Open pace to Commercial, and a o ne change from Manufac- uring to C-2. ·-- ORDINANCE NO. 83- 1 2 AN ORDINANCE OF THE CITY COUNCIL ESTABLISHING PROCEDURES AND 3 REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTION §§65864-65869.5. 4 WHEREAS, the City Council held a public hearing on and the Planning Commission held a public hearing on September 20, 1983 to consider this matter; and 5 ' . WHEREAS, Government Code §§ 65864-65869.5 authorizes cities and counties to 6 enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and authorize the City 7 to establish procedures for consideration of applications for such agreements; and 8 WHEREAS, a set of procedures and requirements for consideration of development agreements has been proposed, has been the subject of public hearings and the 9 Planning Commission has recommended that the City adopt such regulations; and 10 WHEREAS, it is in the public interest to do so and the public health, safety, and 11 12 welfare will be promoted. NO\v, THEREFORE, BE IT RESOLVED THAT THE ZONING ORDINANCE NS 154 BE AMENDED AS FOLLOWS: 13 SECTION, f. There shall be added a new Article 15.5 to read in full as follows: 14 Section 15.1-1 Processing Proposed Development Agreem ents A d evelopment agreem ent which may b e pro posed by the City or any person having a legal or equitable iQterest in real property shall be processed in the manner of a zone change as pr;ovided in Article 15 and shall conform to the requirements of Article 2.5 (commencing with Section 6586.4) Division 1, of the Government Code entitled "Development Agreements". 15 16 17 Section 15J-2 Periodic Review of Development A greem ents 18 Any approved development agreement shall b e reviewed by the Planning Commission (whose decision may be appealed to th~ City Council in writing H) within ten days after the Planning Commission dedsion on review) at least every 12 _months after the approval of the agreement. The review shall be 20 preceeded by reasonable notice to the other party of the time of review and of any evidence that the agreement is not being complied with. 21 ! Section 15.1-3 Action to Determine Validi ty . -. --.. -·· - 22 An action to d eterm ine the validity of a development agreement entered into by the City of Hermosa Beach, or any amendment or modification to it~-may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 23 24 25 26 27 28 2!l ,· 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2fl SECTION 2. adoption. That the ordinance shall take effect thirty days after the date of it SECTION 3. That prior to the expiration of fifteen days after the date of it adoption, the City Clerk shall cause this ordinance to be publistJed in the Easy Reader a weekly newspaper of general circulation, published and circulated in the City o Hermosa Beach, California PASSED, APPROVED and ADOPTED this day of PRESIDENT.~of the City Council and MAYOR of the City of Hermosa Beach, California ,, ' ATTEST: CITY CLERK CITY ATTORNEY -2- MINUTES OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH HELD IN COUNCIL CHAMBERS ON NOVEMBER 17, 1983 AT 7:30 P.M. Meeting called to order by Chmn. Izant at 7:30 P.M. ROLL CALL PRESENT: Comms. Shapiro, Soulaki s , Smith, Strohecker, Chmn. Izant ABSENT: Comms. Brown, Newton ALSO PRESENT: Pamela Sapetto, Planning Director, Ralph CastanPda, Canaultant TDC; Kim Reardon Cutes, Planning Intern APPROVAL OF MINUTES Motion by Comm. Strohecker, seconded by Comm. Soulakis, to approve the October 18, 1983 minutes with the following corrections: All pages, change "Stroehecker" to "Strohecker." Page 4~ middle of the page, change, "Comm. Soulakis stated that he was not concerned that the eaves encroached on the property line" to "Comm. Soulakis was concerned whether the eaves encroach ~d into the setback, as opposed to the property line." Also, delete the following sentence. Page 7, middle of the page, change, "Comm. Soulakis requested the definition of a density bonus" to indicate that Comm. Strohecker requested the definition. Page 9, paragraph 3, not that Comm. Soulakis did not recommend making a statement in the Housing Element. Page 9, paragraph 5, change the wording to indicate that Comm. Soulakis felt that the accelerated variances should apply equally to the remodel of new homes. Page 10, paragraph 3, should read, "Comm. Shapiro stated that the procedure should be the same with existing and new construction." Page 14, Commissioners' Items, Comm. Shapiro requested that a paragraph that was given to staff be inserted concerning the Mayor of Redondo Beach who stated that all illegal imigrants should be relocated to Hermosa Beach. Page 1, Comm. Smith was absent due to business. Note his absence on all pages. No objections; so ordered. \ / PLANNING COf\AMISSION MINlITES -November 17, 1983 Page 2 APPROVAL OF RESOLlITIONS Motion by Comm. Strohecker, seconded by Comm. Shapiro, to approve Resolutions P.C. 83-26, 83-27, 83-28, and 83-29. AYES: NOES: ABSTAIN: ABSENT: Comms. Shapiro, Soulakis, Strohecker, Chmn. Izant None Comm. Smith Comms. Brown, Newton AMENDING THE ZONING CODE: C-POTENTIAL PROPERTIES ALONG PACIFI C COAST HIGHWAY Ms. Sapetto gave staff report. She recommended that the Commission allow Code Section 1103 of the Zoning Code to remain as is and not be amended. The mechanism that the Commission had adopted to implement was determined to be not a legal method by the City Attorney. The question at hand is whether or not the City should change the manner in which C-potential property is translated into commercial property. The City Council had requested the Commission to look at the mechanism in the Code and to determine whether or not it needs to be changed, the rationale being that the viability of the multi-use corridor requires strengthening and that the commercial development is best suited for Pacific Coast Highway and that the existing mechanism by which C-potential property is transformed is not the most functional. The Planning Commission approved amending the Code by including a provision that when a property was rezoned and subsequently the project denied, an automatic rezone could happen with the property reverting back to its original zone. Likewise, the Commission required an automatic rezone for the translation of the C-potential property into commercial. The only discretionary act the Commission was going to retain was the approval of the actual project itself. That was determined not to be a legal mechanism. At this time an applicant may come before the Commission for a zone change request and bring a specific plan, have his plan approved, and have the zone changed all at the same time by the Commission. The applicant does have the option to simply ask for a zone change with a review at a later date; however, most applicants request both at the same time. If the Commission feels that the requirement of the specific plan is burdensome and asking too much on the part of the developer, the only solution to answer the concerns of the Commission would be to create certain development standards particular to those parcels, as compared to the regular C-3 standards. If the Commission does not wish to implement standards applicable to all commercial development abutting residential properties but still wishes to examine each development on a case-by-case basis, the Commission can delete the requirement for a specific plan and require a conditional use permit for every commercial property that is built. \ PLANNING COMMISSION MINUTES -November 17, 1983 AMENDING THE ZONING CODE: C-POTENTIAL PROPERTIES ALONG PACIFIC COAST HIGHWAY (Cont. ) Page 3 At that point, the Commission would be extending the review period for all commercial property. Presently, C-1, C-2, and C-3 properties do not require any Planning Commission review because there is no conditional use permit required. By deleting the specific plan requirement and requiring a conditional use permit, the Commission would be creating more review, rather than less review. She felt there was no way to expedite zone changes for commercial development on C-potential property and still obtain the Planning Commission review unless all C-potential properties are rezoned at the same time on a city-wide basis or unless the Planning Commission implements new development standards for the C-potential properties. The simplest way is to keep a specific plan review with a zone change request. Comm. Smith questioned whether 81-21 was adopted by the City Council. Ms. Sapetto replied in the affirmative; however, it was revoked by the newly-elected City Council. Comm. Smith questioned whether the motion/resolution passed by the Planning Commission in relation to C-potential properties had been before the City Council. Ms. Sapetto stated that it was revoked because of the City Attorney's . opinion; however, the City Council indicated that they were not interested in re-examining it. Comm. Smith asked whether the request to examine the C-potential properties originally came from the City Council. Ms. Sapetto replied that the original request was from the City Council. Comm. Smith questioned whether the motion and resolution passed by the Planning Commission in reqard to C-potential included anything dealing with standards for properties abutting residential. Ms. Sapetto replied in the negative, She stated, however, that there were concerns by the Planning Commission that the corridor would best be served if lots were assessed individually regarding their utilities as residential versus commercial property. Comm. Smith asked whether a specific plan was identical to a precise plan. Ms. Sapetto replied that they were on in the same, PLANNING COMMISSION MINUTES -November 17, 1983 Page 4 AMENDING THE ZONING CODE: C-POTENTIAL PROPERTIES ALONG PACIFIC COAST HIGHWAY ( Cont.) Comm. Soulakis asked if C-3 is the only option if one files for a rezone in a C-potential zone. Ms. Sapetto replied in the affirmative. Chmn. Izant asked if there were any properties with C-2 potential. Ms. Sapetto replied that C-2 potential limits only the use; it does not limit the development standards. The height limitations, setback re- quirements, et cetera, are the same for C-2 potential as it is for C-3 potential. Comm. Smith felt that Section 1103 of the Zoning Code did not adequately reflect what a specific plan consists of. Ms. Sapetto stated that a precise planis the actual preliminary drawings of the structure. Comm. Soulakis questioned whether an alternative would be to have modified reduced development standards. He asked whether the Corrnnission has the option of zoning the property either C-1 or C-2. Ms. Sapetto replied that the C-1 and C-2 zones have the same development standards; the only difference is the use. The uses pertinent to C-1 are neighborhood commercial ~ses, and the uses pertinent to C-2 are down- town uses. Second Street and ''Five Corners'' are C-1 areas; the downtown area is in the C-2 sone, and along the highway and Aviation are C-3 zones. Comm. Shapiro asked for the original purpose of the two-step request. Ms. Sapetto replied that it was done at the time the Zoning Code was adopted; therefore, it would be difficult to understand the rationale. She stated that it was most likely to maintain a Planning Commission review. Comm. Smith questioned whether C-potential were contiguous only to .C-3. Ms. Sapetto replied in the affirmative. Public Hearing opened at 8:04 P.M. Wilma Burt, 1152 Seventh Street, Hermosa Beach, felt that the C-potential along the east side of the Highway should be rezoned. She stated that C-potential originated when the City Council desired high-rise buildings along the Highway. These buildings PLANNING COMMISSION MINlJfES -November 17, 1983 Page 5 AMENDING THE ZONING CODE: C-POTENTIAL PROPERTIES ALOI\(; PACIF I C COAST HIGHWAY (Cont.) were to be built on the east end with the parking lots toward the Highway for ease of parking. If a tall building were constructed on the east side of Ocean Drive, it would obstruct many views. She believed many areas were in need of rezoning, especially areas with steep grades such as 14th Street. She stated that the west side of the Highway is flat, and it is at a downward slope. She spoke in opposition to block busting in C-potential zones. She believed C-3 zones should be contiguous to other C-3 zones. She did not favor having C-3 property in the same block as residential. She believed there should be protection for the persons on the other side. Public Hearing closed at 8:12 P.M. Comm. Smith stated that he could see no reason for changing the zones on the properties in question. He believed that the only action might be to strengthen the precise plan. He was not concerned that Hermosa Beach would have any block busting. He believed that the Zoning Code should be left as it stands at this time. Chmn. Izant questioned whether the Commission was obligated to take action on this item. Ms. Sapetto replied in the affirmative, stating that a Resolution must be made, and reasons must be given as to why the Commission does not want to change the ordinance. Chmn. Izant stated that a resolution would be something to the effect that "The Planning Commission recommends to the City Council that no change be made in Code Section 1103." Comm. Smith felt that the most significant factor is that the Commission is cognizant of the City Attorney's opinion. Chmn. Izant stated that the above would go in the resolution. Ms. Sapetto stated that the Resolution would show that the Commission feels that each project should be examined on a site-by-site basis. Comm. Smith questioned whether the above recommendation is, in effect, saying that the current ordinance wording sufficiently handles the need for a precise plan on each project. Chmn. Izant replied in the affirmative. PLANNING COMMISSION MINUTES -November 17, 1983 Page 6 AME NDING THE ZONING CODE : C-POTENTIAL PROPERTIE S AL ONG PACIFIC COAST HI GH WAY (Cont.) Motion by Comm. Smith, seconded by Comm. Strohecker, to recommend to the City Council that no change be made in Code Section 1103. AYES: NOES: ABSENT: Comms. Shapiro, Smith, Soulakis, Strohecker, Chmn. Izant None Comms. Brown, Newton Motion by Comm. Smith, seconded by Comm. Strohecker, to make Resolution P.C. 83-30, that being, "WHEREAS, the previously-adopted Resolution to amend the Zoning Code creating an automatic rezone was determined not a legal mechanism by the City Attorney; WHEREAS. each project should be examined on an individual basis;WHEREAS, the current ordinance provides a reasonable balance for the property owner and surrounding developed properties. THE PLANNING COMMISSION HEREBY RESOLVES to recommend to the City Council not to amend the Zoning Code, Section 1103." AYES: NOES: ABSENT: Comms. Shapiro, Smith, Soulakis, Strohecker, Chmn. Izant None Comms. Brown, Newton REVISIONS TO THE HOUSING ELEMENT OF THE GENERAL PLAN Ms. Castaneda gave staff report. He stated that the Planning Commission had expressed a desire to adopt and forward to the City Council the Housing Element. The Council had requested the Commission to discuss six items. Those six items were reviewed on November 18, 1983, and the minutes reflect the discussion. As a result, a resolution has been prepared. Public Hearing opened at 8:28 P.M. Wilma Burt, 1152 Seventh Street, Hermosa Beach, questioned whether there is any basic change. Chmn. Izant replied in the negative. He stated that the public hearing was for consideration of not the document itself, but whether or not it should be forwarded to the City Council. He added that all Commissioners have agreed on the document. Comm. Smith questioned whether the document was available on file at the library. Ms. Sapetto replied in the affirmative. Chmn. Izant stated that there will be more public hearings on this item at the Council level. PIANNING COMMISSION MINUTES -November 17, 1983 Page 7 REVISIONS TO THE HOUSH.JG ELEMENT OF THE GENERAL PLAN ( Cont. ) Public Hearing closed at 8:35 P.M. Comm. Strohecker wished to amend the wording in the last WHEREAS to read, "WHEREAS, the Planning Commission believes it best represents the values and goals of the community." Chmn. Izant stated that the Commission concurred with the above amendment. Motion by Comm. Soulakis, seconded by Comm. Strohecker for discussion, to recommend to the City Council that they hold hearings on the Housing Element and to adopt the Housing Element after those public hearings. Comm. Smith stated that he would support the motion to send to the City Council. He believed it represented the sentiment of the Community. He has been to many sessions on this issue, and he has seen the document change since: its inception. He stated that it does not substantially change anything that Hermosa Beach has not done for 20 years. He did not agree with it, in that he felt it represents a community that is socially irresponsible in regards to its senior citizens. He stated that he was in favor of the motion because it represents what the citizens of Hermosa Beach desire. AYES: NOES: ABSENT: Comms. Shapiro, Smith, Soulakis, Strohecker, Chmn. Izant None Comms. Brown, Newton Motion by Comm. Soulakis, seconded bv Comm. Shapiro, that Resolution P.C. 83-31 be forwarded to the City Council as recommended by staff with the first WHEREAS amended to read, "WHEREAS, the Planning Commission believes it best represents the values and goals of the community." AYES: NOES: ABSENT: Comms. Shapiro, Smith, Soulakis, Strohecker, Chmn. Izant None Comms. Brown, Newton REVISIONS TO THE LAND USE ELEMENT OF THE GENERAL PLAN Mr. Castaneda gave staff report. He stated that presently there are four Land Use designations, those being, general commercial, multi-use corridor, neighborhood commercial, and commercial recreation. He suggested that there be five categories in the new Land Use Element, three of which would deal with common hierarchy in commercial land use, and two of which would deal with certain areas which need more detail. He requested input from the Commission in terms of hierarchy and the convenience designation of neighborhood PLANNit-K3 COMMISSION MINUTES -November 17, 1983 Page 8 REVISIONS TO TH E LAND USE ELEMENT OF THE GENERAL PLAN (Cont.) commercial as well as the general commercial category. At the present time, there are three areas designated as neighborho nd commercial. General commercial areas would be those areas that are not included in the first two designations or the multi-use corridor and downtown commercial. This would include Aviation along Pacific Coast Highway. An example of the residential areas within the corridor not zoned C-potential are on the east side of Pacific Coast Highway behind the commercial from 21st Street to 14th Street. On the west side of Pacific Coast Highway there are a number of C-potential properties; however, the character is different. He felt that the boundaries could include all of the C-potential property on the west side of the Highway within the limits of the multi-use corridor. Comm. Smith asked if it would be possible to get some overlays onto maps for the Commission's perusal. Ms. Sapetto stated that a map has been prepared. Comm. Smith felt that the Commission should think outloud at the sessions on this subject. Comm. Shapiro questioned whether the term "convenience commercial" had been used in other documents. He did not believe the difference between neighborhood and convenience commercial necessitated a breakdown. Comm. Soulakis asked what the reason was for redefining commercial zones so narrowly. Comm. Shapiro stated that there are at the present time four commercial land use designations in the Land Use Element. He questioned why a fifth commercial land use designation was needed. Ms. Castaneda replied that it better represents what is out there at this time. Public Hearing opened at 9:00 P.M. Violette Isgreen, 726 Prospect Avenue, Hermosa Beach, stated that a contour map of the hillsides would be helpful to the Commission. She thought it would be interesting to know how many square feet this proposal represents and how many people it involves. This would be a major change throughout the City with no consideration given to traffic which has tripled in the last year. PLANNING COMMISSION MINUTES -November 17, 1983 Page 9 REVISIONS TO THE LAND USE ELEMENT OF IBE GENERAL PLAN (Cont.) Henry Reado, 720 24th Place, Hermosa Beach, questioned whether this proposal was a smokescreen used to cover up the general plan on the Highway. He stated that these items continually stretch out before the Commission. Wilma Burt stated that Mr. Reado was concerned about his property because he and others do not know what their properties will be zoned in the future. Public Hearing continued at 9:09 P.M. Ms. Sapetto scheduled a workshop session for Thursday, December 15, 1983 at 7:30 P.M. She stated that there would be a public notice. Chmn. Izant stated that the Commission had four items to consider, those being, commercial area definitions, recommendations for changing of boundaries in the multi-use corridor, recommendations of further development of downtown area concept, and pursuing zoning inconsistencies. Comm. Soulakis stated that he would like to see any changes in size in any of the four directions in the multi-use category. He felt that data regarding the number of people who would be affected would be beneficial. He also wished to see the overlays. Comm. Smith stated that almost any area covered by the Planning Commission would need an impact study. He wished to see exhibits, rather than mere verbal facts. He stated that the Commission should know what types of properties are involved. Mr. Castaneda stated that the City has the above information. Mr. Soulakis stated that the first step would be to have an overall recommendation on the four areas from staff at the workshop session. The next step would be to focus on specific areas. Comm. Smith wished to see the model to get an overall view of the situation. Chmn. Izant questioned whether the Commission would like to see the zoning inconsistencies in the residential areas at the first workshop session. Comm. Smith replied in the affirmative, adding that it is part of the overall plan. Chmn. Izant noted that the Commission had no comments with regard to the downtown area. PLANNING COMMISSION MINlJfES -November 17, 1983 Page 10 REVISIONS TO THE LAND USE ELEMENT OF THE GENERAL PLAN (Cont.) Comm. Smith stated that the fifth zone has an ambiguous purpose. He requested a further explanation of why it was needed. Comm. Shapiro asked whether the current Land Use Element showed the Biltmore site as being the only commercial recreation area. Mr. Castaneda replied in the affirmative. He stated that he would prepare the language of the Land Use Element, prepare exhibits, prepare larger exhibits for the meeting, and submit the results of the survey on the Biltmore site. PLANNING COMMISSION INTERPRETATION OF THE ZONING CODE. SECTION 800-A Ms. Sapetto gave staff report. She stated that the Building Department has requested the Planning Commission to make an interpretation of Section 800-A which refers to allowable uses in the C-1 zone. It restricts residential use to four or more apartment units in the C-1 zone. The owners of one of those parcels is inquiring whether or not they can use a C-1 parcel for a lesser residential use, that is, for an R-1 or R-2 use. The Commission must determine if they can build to a lesser degree as is allowed in the residential zones. Staff researched the Planning Commission minutes at the time this ordinance was implemented. It was apparent from looking at those minutes that at the time the Commission felt that it was inappropriate to allow residential in the commercial zone; however, they sought to strike a compromise because of some comments made during the public hearing. They allowed certain types of residential use in that zone. They referred to some development taking place along Wilshire Boulevard and Sunset Boulevard which was actually mixed commercial/residential use. Staff suggested that if the Planning Commission wishes to encourage a higher density residential development, that the Planning Commission should allow the section to remain as is, allowing only four or more apartment units or commercial units on that site. If the Commission feels that a less intense use of commercial properties would be acceptable as a residential use, the Commission could change that section to allow a lesser use or interpret that the same provision for residential zones stand as well in the C-1 zone. Comm. Smith stated that there were alternative residential uses according to the Code, such as building only one or more units if certain setback requirements were made. Ms. Sapetto replied that one can build one or more residential units if one builds commercial with it. PLANNING COMMISSION MINUTES -November 17, 1983 Page 11 PLANNIJ\K3 COMMISSION INTERPRETATION OF THE ZONING CODE. SECTION 8OO-A Public Hearing opened at 9:26 P.M. Wilma Burt, 1152 Seventh Street, Hermosa Beach, urged the Commission to allow less development in C-1 zones. Public Hearing closed at 9:26 P.M. Comm. Smith stated that the C-1 properties are very small, and there are few of them in Hermosa Beach. He preferred using the lesser interpretation, that being, to allow building less that a four-unit apartment. He was concerned, however, that people may tear down their existing buildings in the C-1 zone and build only two units. Comm. Strohecker stated that he would prefer .~aving a lesser requirement; however, he noted concern for single family dwellings or even duplexes on C-1 property. Chmn. Izant felt that the Commission should revise the section of the Code denying residential use in the C-1 area. The definition of C-1 property is commercial use. Comm. Strohecker stated that he would approve of one family living unit as long as it is combined with commercial property and if the property is properly zoned C-1. Chmn. Izant stated that the concensus of the Commission was that the current ordinance does not allow for anything lesser than as it is currently stated,that the land should be used for what the zoning designates. Ms. Sapetto stated that the Commission may want to adopt a Resolution to delete Section BOOA-3O and retain Section B. Chmn. Izant stated that the Commission wishes no change at this time. COMMISSIONERS' ITEMS Comm. Smith questioned whether a commissioner who declares a conflict of interest should mention this fact before the issue is discussed. He noted that Comm. Newton failed to do so at the previous meeting. Ms. Sapetto replied that commissioners with a conflict of interest should declare so before discussion. \._ PLANNING COMMISSION MINUTES -November 17, 1983 Page 12 CO M!vtI SS I ON ER S' I TEMS (Cont.) Comm. Smith recommended that the City clean up the Biltmore site, suggesting that grass be planted and that it be picked up. He stated that it is an eyesore. Chmn. Izant stated that he voted for the motion to grant the antenna at the Poop Deck without visiting the site. Had he visited the site, he would have required a fence on the north side because the antenna is very visible from the northern side. Comm. Shapiro stated that Chmn. Izant could change his vote. Chmn. Izant requested Ms. Sapetto to check into his alternatives. STAFF ITEMS None ADJOURNMENT Motion to adjourn at 9:45 P.M. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission. STEPHAN IZANT, CHAIRMAN SECRETARY DATE MINUTES OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH HELD IN THE COUNCIL CHAMBERS OF CITY HALL ON OCTOBER 18, 1983 AT 7:30 P.M. Meeting convened by Chmn. Izant at 7:35 P.M. ROLL CALL PRESENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant ABSENT: Comm. Brown ALSO PRESENT: Pamela Sapetto, Planning Director; Alfred Mercado, Planning Aide; Ralph Casteneda, TDC Planning APPROVAL OF MINUTES Motion by Comm. Stroehecker, seconded by Comm. Newton, to approve the September 20, 1983 minutes, as submitted. No objections. So ordered. APPROVAL OF RESOLUTIONS Comm. Newton believed that Resolution 83-23 and 83-24 had not been approved verbatim. Ms. Sapetto explained that the Commission had not yet reviewed using R-3 lots for parking as a primary use. It is in the environmental review stage with the Board of Zoning Adjustments. The Board of Zoning Adjustments requested an Environmental Impact Report; therefore, it is now in the Council's hands. The Council has changed the scope of the project. Another initial study will be made at which time it will come back to the Commission. She stated that the Commission has only dealt with a Resolution of Intention to look at the subject; however, it was discussed at the workshop. Comm. Soulakis questioned whether Resolution 83-25, Item C, was up for discussion. Mr. Mercado replied in the negative, stating that it was a change introduced by the Commission. Ms. Sapetto clarified that Resolution 83-25 will be coming back to the Commission because the City Attorney believes that the solution made by the Commission to take care of the C-potential problem is not a legal solution; in other words, there is no such thing as an automatic rezone. Another solution must be found by the Commission before it goes to the City Council. Motion by Comm. Stroehecker, seconded by Comm. Soulakis, to approve P.C. Resolution 83-25. PLANNING COMMISSION MINUTES -October 18, 1983 Page 2 APPROVAL OF RESOLUTIONS (Cont.) AYES: NOES: ABSENT: Comms. Newton, Shapiro, Stroehecker, Soulakis, Chmn. Izant None Comm. Brown Motion by Comm. Newton, seconded by Comm. Soulakis, to approve P.C. Resolutions 83-23 and 83-24. AYES: NOES: ABSTAIN: ABSENT: Comms. Newton, Shapiro, Soulakis, Chmn. Izant None Comm. Stroehecker Comm. Brown APPLE TREE Chmn. Izant stated that this would not be a full public hearing because all owners of the Apple Tree were not notified. Public Hearing opened and continued at 7:47 P.M. TIME EXTENSION FOR TENTA TI VE MAP #14584 AND CONDITIONAL USE PERMI TS AT 608 -612 LOMA DRIVE Ms. Sapetto gave staff report. She stated that the ~equest is to extend the tentative tract map and conditional use permit for one year. During that time the applicant intends to file for the final and build. If the applicants do not build during that time, their conditional use permit will expire. Staff recommended granting the request. Public Hearing opened and closed at 7:53 P.M. Chmn. Izant asked if there were any reason not to extend the conditional use permit for one year. Ms. Sapetto replied in the negative. Motion by Comm. Stroehecker, seconded by Comm. Shapiro, to extend the project. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Brown Motion by Comm. Stroehecker, seconded by Comm. Shapiro, to approve Resolution P.C. 83-26. PLANNING COMMISSION MINUTES -October 18, 1983 Page 3 TIME EXTENSION FOR TENTATIVE MAP #14584 AND CONDITIONA L USE PERMITS AT 608-612 LO/IAA DRIVE (Cont.) AYES: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant NOES: None ABSENT: Comm. Brown TWO UNIT CONDOMINIUM AT 1220 MONTEREY Ms. Sapetto gave staff report. She stated that the request was to build a two-unit condominium. The applicants will be demolishing the two -story apartment and a one -story single family dwelling. The final map on this project has been approved; however, the applicant must req u est a conditional use permit to demolish because the o riginal cond i tional use permi t has expired. The project met all of the City's requirements for condominium construction except for the lot frontage. Staff recommended approval of this project. Public Hearing opened at 7:58 P.M. Fran Baker, Triad Design & Associates, 200 Pier Avenue, Hermosa Beach, designer, stated that the applicant agrees to all of staff's recommended conditions. Ms. Sapetto stated that chimneys are not included in the height requirement. Chmn. Izant stated that the Condominium Ordinance provides that the rear setback is to be three feet; however, the overhang may be one foot back. In this case, the garage and the building are acceptable, but the small balcony comes out an extra foot; therefore, it exceeds the setback requirement. Ms. Sapetto noted that it is not a balcony; it is a dormer window. She suggested that if the dormer window does not conform, it should be removed as a condition of approval. Comm. Soulakis questioned whether the three-foot sideyard setback applied only to the first floor. Ms. Sapetto replied in the affirmative. Comm. Soulakis asked if the plans in question had been approved by the City. Ms. Baker stated that they are not the identical plans that were originally approved. Most changes have been interior changes. PLANNING COMvUSSION MINUTES -October 18, 1983 Page 4 TWO UNIT CONDOMINI UM AT 1220 MONTEREY (Cont.) Chmn. Izant stated that the dormer window would not be an exception to the Code; however, the eaves would be acceptable as long as they are 30 inches from the property line. Chmn. I zant questioned whether the e x isting apartment building has parking. Ms. Baker replied in the negative, adding, however, that there is some parking in the back. There is no parking for the building itself. Chmn. Izant questioned whether the one-story family home has parking. Ms. Baker replied in the negative. Public Hearing closed at 8:08 P.M. Comm. Soulakis stated that he was not concerned that the eaves encroached onto the property line. He did not think the window in the rear should be allowed. He felt that what was considered the rear of the property in the plans was actually the front of the property. Ms. Sapetto stated that the front is based on the street, and Sunset is considered to be an alley. Ms. Sapetto stated that the City is obliged to follow what the Zoning Code says. The City is required to allow the window as long as it does not protrude further than 30 inches. Also, the eaves cannot be allowed without going through a variance procedure. Comm. Soulakis recommended adding to the Resolution something to the effect that the eaves and overhangs are built to existing Codes and not to encroach beyond that. Comm. Soulakis stated that the Commission has two issues to consider, those being, the window on the side elevation and the eaves on the front elevation. Ms. Sapetto stated that the same Code section addresses both issues. Comm. Soulakis asked if the drawings were to scale. Ms. Sapetto replied in the affirmative. Ms. Baker stated that the scale is~ inch to the foot. Chmn. Izant stated that Section 604, Placement of Buildings, says, "· .. when a rear yard abutts a street or alley, the building may PLANNING COWvUSSION MINlITES -October 18, 1983 Page 5 TWO UNIT CONDOMINIUM AT 1220 MONTEREY (Cont.) be located three feet on the ground level a nd one foot on upper stories from the r ear p r operty li n e. 11 He suggested adding a ·c on - diti o n II to the Res o luti on that s a y s, 11 Th i s p r o j e c t shall be in conformance with Zon ing Cod e, Secti o n 604-2 and 1209.11 This would take care of the s i deyards, the ov erhang, and th d ormer window . Motiod by Comm. Soulakis, seconded by Chmn. Izant, to approve the plans for the two-unit condominium at 1220 Monterey with the addi- tion o f Condition II in the Resolution to read, "This project shall be in conformance with Zoning Code, Section 604-2 and 1209." AYES: NOES: ABSTAIN: ABSENT: Comms. Shapiro, Soulakis, Stroehecker, Chmn. I z ant None Comm. Ne wton Comm. Brown Comm. Shapiro questioned why Comm. Newton abstained from voting . Comm. Newton stated that she had a conflict of interest. Chmn. Izant questioned whether any Commissioner would like to change any wording in Condition 11, the Resolution. Motion by Comm. Soulakis, seconded by Comm. Shapiro, to approve P.C. Resolution with the amendment of Condition 11, that "This project shall be in conformance with Zoning Code, Section 604-2 and 1209." AYES: NOES: ABSTAIN: ABSENT: Comms. Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Newton Comm. Brown SATELLITE ANTENNA -Poop Deck Chmn. Izant questioned whether this item had been noticed within 300 feet of the area. Ms. Sapetto replied in the negative, stating that it was simply a posted notice. i\Ar. Mercado gave staff report. He stated that this project was reviewed by the Environmental Review Board on September 29, 1983. The project was granted a negative declaration contingent upon the a nt e nna being screened. The project was before the Commission because of its unorthodox nature, and Section 7.1-11 requires that any project of that nature shall receive Planning Commission review. The project consisted of a nine-foot diameter antenna on a 5'11 11 tripod pole on the roof of the Poop Deck bar located at PLANNING COMMISSION MINl.ITES -October 18, 1983 Page 6 SATELLITE ANTENNA -Poop Deck (Cont.) 1272 The Strand. The antenna will be screened by a surrounding six-foot fence. Public Hearing opened at 8:20 P.M. Dave Bole, 226 First Street, Hermosa Beach, representing the applicant, stated that the square on the plans is a small hut-like structure that is over the existing air conditioner. It will somewhat screen it from the north side. The only view of the antenna is from the alley. Comm. Newton asked what will be the fencing materials. Mr. Bole replied that the fence will be¼ inch x 1 inch wood lattice. Comm. Soulakis stated that the scale on the drawing is incorrect; he noted that the view from the alley did not concern him. No one else appeared to speak in favor of the antenna. No one appeared to speak in opposition to the antenna. Public Hearing closed at 8:25 P.M. Motion by Comm. Soulakis, seconded by Comm. Shapiro, to approve the Satellite Antenna located at 1272 The Strand. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Brown Motion by Comm. Soulakis, seconded by Comm. Stroehecker, to approve P.C. Resolution 83-28 as submitted. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Brown REVISIONS TO THE HOUS ING ELEMENT Mr. Casteneda gave staff report. He stated that the Planning Commission had recommended that various sections in which six items could be incorporated could be considered. The first item dealt with home ownership. It was his opinion that establishing a quantatative number for home ownership was not desired by the Commission. The statements found in the Element are sufficient to meet the purpose of the Element and the purpose of showing a PLANNING CONlMISSION MI NUT ES -October 18, 1983 Page 7 REVISIONS TO THE HOUS ING ELEMENT (Cont.) desire for home ownership. If the Planning Commission desired, a statement could be incorporated like the one of promoting expansion of home ownership in the statement of philosophy dealing with existing housing and new housing. This would add emphasis to that as a policy and desire of the City without establishing a single number or numbers for home ownership. The second area dealt with density bonuses. Some Commission members indicated that it has long been the sentiment of the community to have a negative reaction to density bonuses, whether it be to increase the housing supply for affordable housing. However, there was discussion that perhaps a clear and blanket statement against density bonuses was not desired, and there might be some areas which could meet approval in connection with density bonuses for seniors' housing. If the Commission desired, statements of the City's intent to implement state law in connection with density bonuses could be added. Also, statements dealing with the special land use category for seniors' housing might be amplified, which could, in effect, be a density bonus provision for project applicants dealing with senioD citizens housing. There is also th e alternative of not dealing with it at all. Comm. Soulakis requested the definition of density bonuses. Mr. Casteneda replied that State Legislation, AB1151, which was passed approximately three years ago, indicated that if a project applicant came in with a proposal with at least 25% affordable housing, the City would be obligated to provide a 25% density bonus or some other incentives to make that particular project feasible. There have been two applications in Hermosa Beach. Mr. Casteneda continued the staff report, stating that lot consolidation was brought up as a potential topic to be included in the Housing Element. It was staff's and the Commission's thought that this would be better dealt with in the area of the Land Use Element as opposed to the Housing Element. With respect to accelerating the variance processes, some reference had been made to the topic of an administrative variance in connection with housing improvements, but no reference had been made with respect to new housing development. The main conclusion is that it might be premature to come up with a blanket statement indicating that it would be the City's intent to establish a program; however, it might be worthy to have some type of policy statement indicating the direction of accelerating the development approval process. A review o f t he · i oc al s ources of revenue indicate s that a more general statement could be included in the Housing Element dealing with exploring revenues in order to foster the continued development in some manner in the City and to protect an adequate fiscal base for the City. A statement has been added that could be added in the Element. With respect to manufactured housing, the current language PLANNING COM½ISSION MINUTES -October 18, 1983 Page 8 REVISIONS TO THE HOUSING ELEMENT (Cont.) as found in the Element is sufficient to meet the intent of the State Housing Element law. On density bonuses for seniors' housing, it might be a possibility to implement this idea through an overlay zone. It is a floating zone which is applied, and the applicant comes in and will have this zone applied to that property in order to make that project feasible. It does not necessarily need to be applied to any property until the project applicant comes in. He stated that · it need not be included in the Element, per se, that is, the actual language of the zone, other than intent to either explore it and come up with alternative language. He stated that the function of the six items was to meet the Commission's desire to have something on paper indicating that the six items were reviewed. Also, if the Commission chose to elaborate on the language in the Element on more than one of the items, there would be an indication of where that could be done. A Resolution could then be prepared for a subsequent meeting. Chmn. Izant recommended discussing home ownership first. He stated that the Commission must determine whether they would like it to stand as is in the Housing Element or whether they would like to make changes. Comm. Soulakis stated that the City favored promoting and expanding home ownership opportunities in most existing and new housing supplies. lv1r. Casteneda stated that it is in the current Housing Element. He suggested that it could be re-emphasized in areas of statement of philosophy. Motion by Comm. Soulakis, seconded by Comm. Shapiro, to leave the home ownership as it is in the Housing Element. Comm. Stroeheck~r felt that the home ownership should be stressed in as many places as possible in the Housing Element. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Chmn. Izant Comm. Stroehecker Comm. Brown Comm. Soulakis felt that density bonuses ~ere dealt with sufficiently. He did not believe there was any need to reiterate it further in the Housing Element. Comm. Shapiro concurred. Chmn. Izant stated that the Commission did not wish to take any action on density bonuses. The Commission also did not wish to take any action on lot consolidation. PLANNING COMlv1ISSION MINUTES -October 18, 1983 Page 9 REVISIONS TO THE HOUSING ELEMENT (Cont. ) Chmn. Izant asked why is not housing being built to Code. He questioned why the City would want to accelerate variances for new development when they should be built to Code. He stated that he would accept accelerating variance processes for existing homes that would therefore make it simpler for people who wanted to keep up their own stock to make it easier for them to get variances. He was not certain he wanted to grant that for new housing development. Ms. Sapetto stated that the major thrust of the Zoning Code is to encourage replacement of the housing stock. This is why a variance is required when one wishes to renovate a structure that does not conform to existing development standards. Comm. Soulakis recommended making a statement in the Housing Element. Ms. Sapetto stated that if it is the intention of the Commission to encourage the improvement of the older housing stock, the Commission may want to consider the topic of administrative variances in connection with a housing improvement incentives program for the older stock. She suggested amending the Zoning Code to include improvement of property that is not conforming to 50% as opposed to 40%. She believed that should substantially reduce the number of variances that would be requested. Chmn. Izant stated that they could allow some types of variances to be ministerial. Comm. Soulakis believed that allowing some types of variances to be ministerial would be transferring the responsibility from the Board of Zoning Adjustments to the Building Department. Ms. Sapetto stated that the issue for the Commission to determine is whether it wants the existing housing stock to be improved or whether .it wants the existing housing stock to be reconstructed. The main thrust of the Zoning Code at this time is reconstruction. She stated that the Board may make a statement with respect to nonconforming existing housing stock, to improve the process or encourage the renovation of the existing housing stock. Comm. Newton believed that if one encroached into his setback by about six inches and he wishes to build a small balcony on the second story, he should not have to pay a $200 filing fee to do so. However, when one is building anew, he should meet the Zoning Code. Chmn. Izant agreed with the above interpretation. PLANNING COMMISSION MINUTES -October 18, 1983 Page 10 REVISIONS TO THE HOUSING ELEMENT (Cont.) Ms. Sapetto stated that there is no justification for granting a variance to new development. She stated that to grant a variance, the Board must make four required Findings. The question is whether or not the Commission wishes to accelerate the variance procedure for existing units. Comm. Newton believed that the subjects of an accelerated variance ordinance would exclude exceeding the height restriction and lack of sufficient parking spaces. The subjects that would be included in an accelerated variance ordinance would be continuing a nonconformity, et cetera. Comm. Shapiro stated that the procedure should be the same with existing and new construction, except in those cases where the new construction is from scratch. Chmn. Izant stated that at this time it is more cumbersome to remodel than to build new con s truction. Motion by Comm. Soulakis, seconded by Comm. Stroehecker, to not use an accelerated variance process in the Housing Element. Comm. Shapiro suggested deleting the word "new." Comm. Stroehecker asked if an accelerated variance process could go into the Housing Element for New Housing Development and/or Renovation. Comm. Soulakis questioned whether the Commission will be obligated to look at an ordinance to accelerate variance processes. Ms. Sapetto replied ·in the affirmative, stating that it will come back to the Commission with options for implementing it. Comm. Stroehecker questioned whether reference to accelerating variance processes will still remain on Page 19. Chmn. Izant replied in the affirmative. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Brown Mr. Casteneda stated that there was a connection between housing development in the City as well as costs that it generates to the City as well as the future fiscal base to the City. As one is making decisionsj there i s a connection between the decision o n a particular parcel of property as well as the ongoing future fiscal situation in terms of costs and revenues to the City. The PLANNING COMMISSION MINUTES -October 18, 1983 Page 11 REVTS I ONS TO THE HOUS I NG ELEMENT ( Cont. ) idea was to support continued housing development and an adequate fiscal base as such development occurs, and the City will continue to explore all additional local sources of revenue. These would be revenues apart from those generated necessarily by that u s e. Motion by Comm. Newton, seconded by Comm. Shapiro, to exclude reference to the local sources of income in the Housing Element. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Soulakis, Stroehecker, Chmn. Izant None Comm. Brown Chmn. Izant stated that the Commission concurred with staff on manufactured housing. Mr. Casteneda stated that the Council may consider reducing the square footage of bedrooms for seniors' housing from 600 sq. ft. to 500 sq. ft. Comm. Stroehecker felt that seniors' housing was worth exploring; however, he was not certain he wanted to elaborate on specifics such as an overlay zone. Mr. Casteneda mentioned that density bonuses for seniors is different from density bonuses for affordable housing. The density bonus for affordable housing has an income limitation. Motion by Comm. Shapiro, seconded by Comm. Soulakis, to not elaborate on the statement made on Page 24 regarding density bonuses for seniors. AYES: NOES: ABSENT: Comms. Ne wton, Shapiro. Soulakis, Stroehecker, Chmn. I z ant None Comm. Brown Chmn. Izant stated that it was the conse·nsus of the Commission to ask for a Resolution to approve and recommend to the City Council. He requested staff to prepare a Resolution with the Commission's recommended amendments. REVISI ON TO LAND USE ELEMENT Mr. Casteneda gave staff report. He stated that the Commission noted interest in the multi-use corridor and the general plan amendment and zone changes proposed for the five school sites. The purpose was to look at different sectors of the community and to gradually come to a consensus on the Land Use Element. PLANNING COMMISSION MINUTES -October 18, 1983 Page 12 REVISION TO LAND USE ELEMENT (Cont.) He stated that the Commission should address the questions: Are the Land Use Element designations appropriate representations of current land use as well as future land use for the multi-use corridor? Do the boundaries themselves on the map indicate the appropriate areas to include in the various commercial areas? The general commercial category is included in two areas, those being, from the City limits to 24th Place and from 14th Street to 8th Street, while the multi-use corridor runs from 14th Street to 24th Place and from the City limits to 8th Street. The Pacific Coast Highway strip functions in highway commercial, general commercial land uses, neighborhood commercial land uses, and a mixture of commercial and residential uses in some cases. There is a Lucky store and an Alpha Beta in the general commercial area. Those sites might be thought of as neighborhood commercial and include another category of Land Use for those two areas. In terms of whether or not there should be a multi-use corridor designation in the Land Use Element, he felt it was a solution to the situation that existed then and is a solution that exists now. The long-range future is commercial. Within the corridor, one of the major questions lies ,..,,i th the boundaries, whether enough land or too much land is included within the boundaries themselves. With regard to the boundary, the Commission must determine whether the intent is and was to include the R-1 uses within the commercial multi-use corridor with the thought that they will be future commercial development sites. Ms. Sapetto stated that all C-potential lots are within the multi- use corridor. Chmn. Izant felt that there was room for some tightening of the multi-use corridor. He agreed with #3. He stated that there should not be a special zoning category with regard to #4. The direction is supposed to be commercial. He thought it politically unpalatable, but better, to eliminate the multi-use corridor and term it either residential or commercial. Ms. Sapetto stated that the commercial uses allowed in the multi- use corridor at this time are 45 11 high and 100% lot coverage, and there is no buffer between the single family and the commercial. She stated that the Commission should look at the development standards only in the multi-use corridor with respect to how they abutt residential standards. Mr. Casteneda stated that there are at this time two Land Use Classifications with one Zoning Category. Comm. Soulakis requested a map depicting those areas that are not C-potential but are within the corridor. PLANNING COMi'vUSSION iVUNUTES -October 18, 1983 Page 13 RE VI S ION TO LAND USE ELEMENT (Cont.) Ms. Sapetto replied that she could submit a reduced size of the map to the Commissioners. Chmn. Izant stated that the Commission would have to go out and look at the property. Comm. Soulakis stated that there should be research conducted on any property, R-1 property, that is not C-potential. Comm. Shapiro stated that the answer to #1 would be no. Comm. Soulakis requested more information on #1. Recess from 10:02 P.M. to 10:07 P.M. ENABLING ORDTNANCE FOR DEVELOPMENT AGREEMENTS Mr. Mercado gave staff report. He stated that this i tern has . been continued from the last meeting. The enabling ordinances essentially mirror the requirements of state law and reflect the format proposed by the League of California Cities for con- sideration of development agreements. The reason the proposed ordinance appeared skeletal is because it makes reference to the procedure for application, Article 15 of the City Code, which would require development agreements to go through the same procedure as a z one change request. It also makes reference to state la w requirements which address ,.,,hat must be in a development agreement. The City Attorney had recommended an uncomplicated yet specific ordinance, and staff recommended approval of that ordinance. Kathy Anderson _ stated th a t the ordinance is complete, and she was in favor of it. Motion by Comm. Stroehecker, seconded by Comm. Shapiro, to approve the Ordinance and recommend to the City that the procedures and requirements for development agreements be enacted. AYES: NOES: ABSENT: Comms. Newton, Shapiro, Stroehecker, Chmn. Izant Comm. Soulakis Comm. Brown Ms. Sapetto stated that the Resolution would read, "This is a Resolution of Adopting Ordinance 83-29" as worded by staff. Motion by Comm. Stroehecker, seconded by Comm. Newton, to ado p t P.C. Resolution 8 3 -29 a s worded by staff. PLANNING COMMISSION MINUTES -October 18, 1983 ENABLING ORDINANCE FOR DEVELOPMENT AGREEMENTS (Cont.) AYES: NOES: ABSENT: Comms. Newton, Stroehecker, Chmn. Izant Comm. Soulakis Comms. Brown, Shapiro COMMISSIONERS' ITEMS Page 14 Comm. Shapiro questioned why the Planning Commission does not recite the Pledge of Allegiance before the meetings. Ms. Sapetto stated that it has never been the Planning Commission's policy to do so; however, it could be incorporated. Comm. Shapiro questioned whether there would be a meeting on the third Tuesday in December with the thought that it may be a hardship because of the holidays. Chmn. Izant stated that the meetings would be left as scheduled. Comm. Shapiro stated that he read an article in the October 18, 1983 Daily Breeze, Page Bl, that says, in effect, that all of the illegal immigrants should be sent to Lawndale, Torrance, or maybe even Hermosa Beach. He recommended that the City Council consider the action of the Redondo Beach Police Department concerning this problem. • Chmn. Izant stated that between September 1982 and this time, there have been no applicants who have appealed the Building Department's decisions regarding design review. Ms. Sapetto stated that sign review appeals go to the Board of Zoning Adjustments, and design review appeals go to the Planning Commission. STAFF ITEMS Ms. Sapetto informed the Commission of which items will be coming back before the Commission. Ms. Sapetto stated that the Biltmore Site Committee will convene on October 19, 1983 at 4:30 P.M. and possibfy on October 27, 1983 at 4:30 P.M. to make a recommendation to the City Council on a particular developer. Ms. Sapetto stated that the City Council has appointed an Oil Recovery Investigation Committee to look at oil drilling in town. That Committee will meet on the first and third Thursdays of every month. Chmn. Izant is the Chairman of that committee, and Comm. Newton is on the Biltmore Site Committee. Motion to adjourn at 10:20 P.M. , .. PLANNING COMMISSION MINlITES -October 18, 1983 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy o f t he meeting of October 18, 1983. CHAIR1V1AN CRTARY DATE Page 15 MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON SEPTEMBER 20, 1983, IN THE CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. ROLL CALL PRESENT: Chmn Izant; Conuns Brown, Newton, Shapiro, Smith, Soulakis and Strohecker ABSENT: None ALSO PRESENT: Alfred Mercado, Planning Aide; Ralph Castaneda, TDC Planning. APPROVAL OF MINUTES OF SEPTEMBER 6, 1983 Comm Newton pointed out two correction~: l) Page 3, second para- graph from the bottom, it should read, "In answer to Comm Newton's question ... "; 2) Page 7, second to the last paragraph, it should read " ... proceedings will impact the individual condominium owners." Motion by Comm Newton, seconded by Comm Soulakis to approve the minutes with the above two corrections. There being no objection, it was SO ORDERED. APPROVAL OF RESOLUTIONS 83-23 AND 83-24 Chmn Izant asked staff to provide commission with a copy of the full ordinance. Chmn Izant suggested postponing this item until the next meeting when the ordinance will be provided. He requested that in the future all ordinances be attached unless it was passed verbatim. The item was then continued to the next regular meeting. RESIDENTIAL PROPERTIES USED AS PARKING LOTS WITH CONDITIONAL USE PERMITS Mr. Mercado stated that this item had not been addressed by the Board of Zoning the previous night due to a lengthy agenda. He added that they will hear it at their next meeting. Subsequently, the Conunission would not be able to take action on this issue this evening. In answer to Chmn Izant's question, Mr. Mercado stated that the item has been modified since it was originally introduced. Conun Smith asked for a clarification of the difference between primary and accessory parking as used within the reports. Mr. Mercado stated that when a commercial or industrial business needs additionaly park- ing to maintain their business, they will use off-site parking at a different location,constituting accessory parking. Whereas, when a Page two person who owns a piece of residential property wants to develop that property as a parking lot, that would constitute a primary use. In answer t,.o Comm Smith's question, Mr. Mercado stated that re use of a primary lot for commercial purposes, item 3 of the ordinance could be construed that those types of parking lots could be used for commercial purposes, i.e. charging for parking by the hour. In answer to Comm Smith's question, Mr. Mercado stated that the motivation of the Council was to mitigate the parking shortage in the city. He added that the use of the Conditional Use Permit pro- cedure allows scrutiny on the part of the Planning Commission. Comm Smith stated that it appeared to be one of the purposes of this drdi~ance to develop off-~treet parking on PCH in residential areas because everybody in town has expressed an interest in ex- panding the commercial depth to accommodate the multi-use corridor, which is an important purpose. He stated that he concurred with that as long as the property owners in that area have an opportunity to be properly noticed and have a say in the matter. He added that his concern is that the ordinance is too vague to measure its impact on the city. He felt that increasing the amount of parking lots will take cars off the street but it will not necessarily reduce circulation. Chmn Izant stated that in the joint session with the City Council he did not recall that the 150' figure in the ordinance had been agreed upon. Mr. Mercado stated that a specific number was not mentioned, but he remembered the language as being 11 50' or some- thing appropriate." Therefore, staff was recommending the 150' figure. Comm Brown stated that he did not recollect that all R zones would be included in this ordinance. Mr. Mercado stated that the Council is now pushing for all residential zones as opposed to their initial drive. Chmn Izant commented that all R zones e~cept for R-1 had been mentioned during the joint session. Comm Strohecker added that it was his recollection that Councilman Wood had brought up all the R zones. Comm Izant opened the public hearing and stated that this issue would be re-heard at the next regular meeting. Mr. R. Redo, 720 4th Place, Hermosa Beach, stated that he did not feel that this issue was presented clearly during the Commission's short discussion of it. Chmn Izant presented some background information on the issue. He stated that the original intent of Council was to allow a commercial property owner to buy a piece of property perhaps across an alley or a street from his business which is zoned R-2 or R-3, and allow him to use that lot for parking for his commercial £acility. Since that time it has taken in some other questions, i.e., should there be Page three parking made available in other residential zones which are not necessarily contiguous to a commercial zone, and how far should those lots, secondary or accessory, be allowed to be away from the business itself? He added that there is an ordinance now that says a person can do this in an R-3 zone if it is not more than 50 feet from the commercial property. The ordinance under discussion is a modification or expansion of the existing ordinance for com- mercial as well as residential uses. He continued by saying that this is the first public hearing and it will be continued until the next meeting. At the next meeting Commission will be given a com- plete draft of the ordinance. He added that what Commission has be- fore it now is just a staff recommendation. The hearing was continued until the next scheduled meeting. AMENDING THE ZONING CODE 1103 The staff report was given by Mr. Mercado. He sated that this item was dealt with at the -last regular meeting of the Commission, and at that time it had been continued to tonight. He added that the existing procedure for activating a C-Potential classification con- sists of a developer submitting a precised plan of design for the area to the Commission. A precised plan requires preliminary draw- ings which are usually prepared by an architect or engineer. He added that this can be a cumbersome and expensive process that may deter commercial development along the Pacific Coast Highway corri- dor. He continued by saying that the proposal to allow owners of C-Potential properties along Pacific Coast Highway, which are contiguous to C-3 zones with a common boundary-l·ine, the automatic right to rezone C-3, would provide more clarity and certainty for the developer and such would enhance the City's ability to compete for land development dollars for those C-Potential properties which are presently under- utilized. Furthermore, since no precised plan would be required for rezoning a C-Potential lot, the.developer would have to submit such a plan to the Commission for approval o f any project. It was staff's ~ecommen- dation that the Commission approve the resolution provided approving the amendment o f section 1103 of the Zoning Code by allowing C-Potential properties contiguous to a C-3 zone along Pacific Coast Highway the right to automatically rezoneto C-3, prior to submission of a pre- cised plan to the Planning Commission. Comm Soulakis asked what had been done re the question of an auto- matic reversal to C-Potential if for some reason the planned project fell through. Mr. Mercado stated that he went through the zoning Code and also spoke with the Building Director about this question. With respect to the Zoning Code, it made no mention of a property owner not having any recourse once he or she is granted a zone change to commercial. The owner can always come back and request a reversion. Page four In speaking with the Building Director, he stated that the Director's response was that a property owner has the right to request a re- versal, but has no guarantee that it will be granted. Chmn Izant stated that the ordinance indicates that this particular rezoning would occur where the C-Potential property abuts a commer- cial zone. However, in the north end of Pacific Coast Highway be- tween 18th and 21st there are some C-Potential properties that do not abut any commercial property. He asked if those properties would continue to fall under the existing ordinance. Mr. Mercado stated that they would fall under the existing ordinance. Comm Smith asked if there is any document that inventories C-Potential properties in light of the type of structures existing on the proper- ties at this time. Mr. Mercado stated that at this time there is no document of that type, but that Mr. Ralph Castaneda of TDC Planning was in the process of documenting that information with respect to the Land Use Element. Comm Smith stated that one of the most important things Commission shoµld analyze would be what the effects of changing a C-Potential p~operty by this ordinance would be versus current residential uses; would there be a serious environmental impact? Also, there has been a lot of talk about the current situation prohibiting owners of that type of property from coming before the city with development plans. However, he had not heard of one complaint in regard to this matter, and he wanted to know if the city staff has documented evidence of developers or owners stating that they have been hindered in regards to these C-Potential properties. He added that he is reluctant to change an ordinance without some public demand. Mr:. Mercado stated that staff did not have such evidence, but he felt that what is there may in the future discourage some owner or develop- er. He added that it is the opinion of the Council that that is the case, and for that reason they would like Commission to look into alternative measures that would facilitate or encourage future com- mercial development. Chmn Izant opened the public hearing, there being no testimony the public hearing was closed. Chmn Izant asked if under the existing legislation a developer would have to first appear before Commission without any plans and apply for a change of zones, R-3 to C-3. Mr. Mercado stated no, that it is a one step process, i.e., a developer would come in with everything required and would take his ,chances as far: as the zone change. However under the proposed change the owner would come in with a plan and if it meets all requirements it would get approval. He added that the new ordinance, in essence, would eliminate the precised plan in order to receive a zone change. Comm Soulakis reiterated that he was still interested in having an auto-• matic reversal and suggested that the ordinance allow the applicant to request the automatic rezoning or use the regulation as it now exists. He :· felt that there may be some cases where the applicant Page Five would want to submit a precised plan and not change the zone unless that is approved. The applicant should have one of these two options, i.e. a one-step approach or a two-step approach. Comm Brown agreed. Comm Izant suggested adding a section or specific paragraph in the ordinance stating that if the project is not approved it reverts to its former zoning status. He added that that would clear up the gray areas of ·the amendment, if a project was denied it would protect property owners, and it would still promote development. Motion by Comm Brown, seconded by Comm Strohecker to approve the language as recommended by staff amending section 1103 of the zoning Code with the following addition: Section 1, subsection c, if the project is denied the status of the property will revert to its original status before the application. Comm Smith stated that he would not support the amendment because it does not encourage developers, nor is there any demand for the change. AYES: NOES: ABS: Chmn Izant; Comms Brown, Newton, Shapiro, Strohecker Comrns Smith, Soulakis None Mot.ion by Comm Brown, seconded by Comm Strohecker, to approve Resolution P.C. 83-25, said resolution to be concurrent with the motion's subsection c, that if the project is denied the status of the property will revert to its original zoning. AYES: NOES: ABS: Chmn Izant; Comms Brown, Newton, Shapiro, Strohecker Comms Smith, Soulakis None ENABLING ORDINANCE TO ALLOW THE CITY TO ENTER INTO DEVELOPMENT AGREEMENTS The staff report was given by Mr. Mercado. He stated that the City Council passed a resolution of intention on August 2nd urging the Commission to consider the enactment of an enabling ordinance that would allow the City to enter into development agreements. Although an enabling ordinance is not specifically required in order for the City to enter into a development agreement, the Council wishes to adopt an ordinance pursuant to the alternative listed in Government Code Section 65864. He continued by saying that enabling the City to enter into such agreements with developers will allow the City to Compel the develop- er to fulfill certain requirements and, in return, the developer will be assured that the project can progress unmolested without having to meet changing requirements. Entering into a development agree- ment does not prevent a local agency from subsequently denying or conditioning the project so long as such decisions are .not based on zone change or plan amendments which occur after entering into the Page six agreement. In addition, once an agreement has been entered into, a local agency must periodically review the progress made by the developer to insure compliance with the agreement, at least every 12 months. If a local agency finds that the developer is not com- plying with the terms of the agreement, it may terminate or modify the agreement. He stated further that staff therefore recommends that the Planning Commission approve the ordinance enabling the City of Hermosa Beach to enter into development agreements with developers. Comm Smith requested a copy of t~e Hagen Development agreement. He also stated that inasmuch as the Hagen agreement has already been entered into, he did not understand why the Council wants an enabling ordinance after the fact. He added that Council's reason- ing was not apparent in staff's analysis. Comm Newton · stated that from her personal knowledge of the afore- mentioned Government Code section there is nothing in that section that requires a city to have a blanket enabling clause. Comm Smith reiterated that he was puzzled why Council chose to send something to the Commission for an ·enabling ordinance after they entered into the agreement. He wanted to know the council 1 s moti- vation. He also stated that he wouldlike to see spelled out in the ordinance in specific detail what criteria projects should be judged by and what procedures should be followed. Comm Brown asked how the community could disapprove a development agreement has been signed. Mr. Mercado stated that the format for a development agreement has not beendetermined yet, but a public hearing or forum would probably be the setting. Comm Brown wanted to know what steps are taken and what documents are signed when a development agreement is entered into. Mr.Mercado answered by saying that the procedure is somewhat vague. However, usually a developer negotiates with the City Manager and they out- line the major aspects of what it is they are seeking. Then it is introduced into the system --what we are trying to c~eate --then it goes to the planning commission for review, then it would go to the Council as a recommendation from Commission. He added that pub- lic participation would take place at both the Commission and Council levels Comm Smith stated that Commission needs more procedureal material. Comm Brown agreed. Chmn Izant pointed out that the council's reasoning behind this issue was stated on page 10 of their minutes, that the City Attorney had stated that State law provides for adoption of development agree- ments and regulations as to their processing. He felt that these agreements are designed to form binding agreements that will withstand challenge and are binding on future councils. A development agreement would freeze the zoning in effect at the time an agreement is enter- ed into. Page seven Comm Smith stated that he felt there should be set procedures that are followed and that the public has a right to inquire and to know what those procedures are. Comm Brown stated that he did not feel that one council's potential- ly bad decision should be binding on the next council. Chmn Izant opened the public hearing. Cathy Anderson gave background in£ormation to the Commission re development agreements. It was her understanding that first a doc- ument from the City Attorney's office is needed indicating whether a development agreement is necessary and under what circumstances. Also a development agreement that is entered into without an ordin- ance allowing a development agreement, and providing for its pro- cedure, is not really a development agreement in the legal sense of the word. She continued by saying that a development agreement becomes an ordinance or law and does in fact bind future city councils, which is really the only purpose for such an agreement. The Hagen agree- ment is not a development agreement. It is an agreement between Hagen and the City Council, it is somewhat of a guaranty which shows that the Council is in agreement with his conceptual or preliminary ideas. However, it is not a binding agreement that would hold up in court. She stated further that it is her understanding to the school board property, they will have to Environmental Impact report, zone changes, etc. changes and parcel maps have been approved then a development agreement to freeze those actions councils. that with respect go through an Once the zone they will enter into and to bind future She added that a development agreement is an ordinance that outlines what is needed procedurally, so that it will be followed step by step and will not violate the public's due process rights. Also, a developer needs assurances that the next city council will be bound and a development agreement is a legally enforceable document. In addition, the city does have flexibility with these agreements since the only items guaranteed by the city are those items contained in the agreement. All development agreements must come before the Commission, and they must be properly noticed, then it will go to the City Council. She suggested that development agreements should not be entered into unless the developer requests it, it should be at the developer's option. The procedures should be carefully set out. She thought that staff should see what other cities have done by way of procedures and criteria. Comm Smith thanked Ms. Anderson for her explanation. Chmn Izant stated that staff should provide Commission with the fol- lowing information 1) recommendations of when and in what situations a development agreement will be needed; 2) samples of what procedures Page eight should be followed; and 3) provide Commission with copies of develop- ment agreements from other cities. Comm Smith also asked for a copy of the League of California Cities model agreement. Chmn Izant continued the public hearing until the next regularly schedulred meeting on October 18, 1983. HOUSING ELEMENT The staff report was given by Mr. Ralph Castaneda. He stated that it was a noticed public hearing for tonight. To refresh the Commission's memory he stated that two weeks ago the element was discussed amongst the Planning Commission and five members of the City Council, primarily as an opportunity for the Council to react to the Commission's work to date. At that meeting the consensus was that the element as it stood was fairly adequate and in the right philosophical direction. Even those who disagreed with certain details of the document agreed that it was acceptable as is. There were not many deletions requested at that time. However, there were six items set out for further discussion.and consideration as to how they might be handled in the housing element or in some other vehicle Comm Soulakis and Comm Brown requested copies of the minutes of the aforementioned joint workshop. Mr. Castaneda continued by suggesting that the Commission separate those issue that should be addressed in the housing element from those issues that should be handled through some other vehicle. The six items presented by Mr. Castaneda were discussed one by one with the following results. 1) Home ownership: The document should encourage home ownership as opposed to absentee ownership, but it should not set specific goals. 2) Density Bonus for Affordable Housing: The Commission's position in the past has been that this is not a viable option for afford- able housing for this community for a variety of reasons. Density bonuses are not bad in themselves, but Commission was not sure they would be a possibiity. Mr. Castaneda stated that density bonuses with respect to senior housing might merit exploration; Commission agreed. 3) Lot Consolidation: That item would be more appropriately dis- cussed within the Land Use Element. 4) Accelerating Variance Processes: Should be discussed at length at the next meeting. The thrust of the item seems to suggest that more should be made an administrative task in terms of allowing variances. Page nine 5) Local Sources of Revenue: It was suggested that a statement in the housing element stating that the City will seek to ex- plore new sources would be sufficient as opposed to stating anything specific. 6) Manufactured Housing: Commission was not sure this should be discussed in the element and requested that staff check this item against the Building Code Mr. Castaneda stated that at the next meeting he will come back with a sample resolution and more discussion on the topic of density bonus- es with respect to senior housing. Comm Smith requested that Mr. Castaneda also identify the areas where the above six items would be put in the element so if Commission de- cides to put them in the element it can be done the same night as the approval. All Commissioners agreed. STATUS REPORT ON THE LAND USE ELEMENT The status report was given by Mr. Castaneda. He commented on the following five points. 1) Commercial Land Use Inventory: He stated that his staff has completed the field work for almost the entire city with the main commercial sections of Aviation, Pier and the downtown area. The type of information compiled deals with business name; type of land use; the status, i.e. whether developed or vacant or under construc- tion; the size of the parcel involved; square footage of the build- ing, all stories, and square footage for each separate dwellings; existing zoning of the parcel; and existing categories of land use. 2) Retail Market Potential: He stated that his staff has done a market study of sorts to see if there is additional demand for retail c ommerci al s pace. The info r matio n c ollected was for the Southbay area and the City itse lf . The information includes total taxable sales g enerat e d ove r five o r six years in the total market area as well as the city a lone ; different c ategories of retail and a determination of the market share of each of these market areas re total sales; per capita taxable sales, what is being generated (the strongest areas being liquor stores and auto sales dealers, and the weakest being apparel and home furnishings). In addition, he stated that there appears to be a leakage, i.e. money earned here that is going out of the community which might be kept here with a different approach. 3) Residential Land Use Inventory: He stated thathis staff is now in the process of collecting information for every parcel and address in the city; the number of units; the lot size; the zoning, the land Use Element census tract and the census block where it is located. He added that this information will allow a verification of the census data, to determine how accurate the information is. Also it will pro- vide a stock of information that can be used in any number of studies. • • Page ten 4) Demographic profile: He stated that this would deal with pop- ulation and income characteristics of the city relating to some of the neighborhoods in the city. 5) Land Use Issues to be Emphasized. He concluded by stating that several of the areas mentioned should be emphasized in the document; i.e., the multi-use corridor, the characteristics of the land, trend of existing policy; the downtown area; the school sites; with the potential of these areas compared to the rest of the city. Also, the general plan zoning inconsistencies should be addressed. STAFF ITEMS None COMMISSIONERS' ITEMS In answer to Comm SmithB questions Mr. Mercado stated that staff is still trying to negotiate a price on the Appletree title search, and that is the reason why the inspection of the project has not taken place. Comm Smith suggested that the title search will not be need- ed if Mr. Todd has taken care of everything that he was supposed to. Comm Shapiro suggested that the meeting night be changed to the first Tuesday of each month because of the up-coming Winter holidays. It was decided that there was time to discuss this at a later date. Comm Shapiro asked that Commission make a suggestion to the City Council that the limitation re commission member's terms be eliminated. Comm Brown was not sure he would agree with that suggestion. Chmn Izant stated that on the whole he thought it was perhaps better to have a limitation to protect against some members becoming too set in their ways and inflexible. He felt it was better to have a limitation. Chmn Izant referred to a December 7th reassignment of Hermosa Improve- ment Commission to the Planning Commission Section of Ordinance 82- 697. He requested that Ms. Sapetto check into this reassignment since Commission has not dealt with any agenda items with respect to this area of duty. He .wanted to make sure that these items are coming be- fore the Commission as the reassignment indicates they should. He requested that this topic be added to the next meeting's agenda. ADJOURNMENT ~tion by Comm Shapiro, seconded by Comm Brown to adjourn. MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON SEPTEMBER 6, 1983, IN THE CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. I. ROLL CALL PRESENT: Chmn Izant; Cornrns Brown, Newton, Soulakis ABSENT: Comms Smith, Strohecker ALSO PRESENT: Ms. Pam Sapetto, Planning Director; Mr. Alfred Mercado, Planning Aide II. APPROVAL OF MINUTES OF AUGUST 2, 1983 Comm Newton pointed out that on page 6, third paragraph from the bottom the following correction should be made "County Record" should read "County Recorder". Motion by Comm Newton, seconded by Comm Brown to approve the minutes as submitted, noting the above correction. There being no object- ion, it was SO ORDERED. III. APPROVAL OF RESOLUTION P.C. 83-22 There being p.o objection to the resolution as submitted by .staff; Motion by Comm Newton, seconded by Comm Soulakis,to approve the Resolution P.C. 83-22. AYES: NOES: ABS: IV. Chmn Izant; Comms Brown, Newton, Soulakis None None .AJ.1ENDING ZONING CODE TO REGULATE PLACEMENT OF SATELLITE ANTENNAE The staff report was given by Ms. Sapetto. She stated that at the last meeting there were three changes suggested by Commission which were addressed in tonight's draft of the ordinance. However, the first item that Commission had recommended be changed, it was de- cided that it should not be changed. She stated that staff felt that that change would significantly change the -intent and mean- ing. She -.added that the word "broadcast" should be read as a verb and not a noun. It was staff's recommendation that it remain as it was iri the original proposal. The second change, re the site plan, was included as a requirement for all applicants. The third change, under Section 1, number 4, the requirement for screening the antenna from view will be re- quired in all instances. Public hearing was opened by Chmn Izant. There being no testi- mony, the public hearing was closed. PAGE TWO • Comm Brown stated that except for .the first recommended change, he felt that the ordinance was a true representation of what Commission had intended. Motion by Comm Brown, seconded by Comm Newton, to approve the ordinance as presented incorporating staff's recommendation to keep· the wording of Section 1, number 2, as originally submitted. In answer to Comm Soulakis' question, Ms. Sapetto stated that since screening will be required in all instances that it will no longer leave the authority with the building director as to what will con- stitute adequate screening. Chmn Izant added that it was the Commissions' intent to make a case-by-case determination of the adequacy of the screening. Chmn Izant asked that the record reflect that Comm Shapiro arrived at 7: 40 p.m. Chmn Izant informed him of the to.pie _ then under dis- cussion. AYES: NOES: ABS: Chmn Izant; Comms Brown, Newton, Shapiro Comm Soulakis None Motion by Comm Brown, seconded by Comm Shapiro, to approve Reso- lution P.C. 83-23 as presented by staff. AYES: NOES: ABS: Chmn Izant; Comms Brown, Newton, Shapiro Comm Soulakis None V. REDEFINING HOTEL AND MOTEL, THEIR APPROPRIATE ZONES, AND DELET- ING (FROM THE ZONING CODE) THE TERMS BROADING/LODGING/ROOMING HOUSES. The staff report was given by Mr. Mercado. He stated that on August 18, 1983, the City Council and the Commission held a joint workshop to discuss this topic. At that workshop it was determined that for hotels and motels no kitchen facilities shall be· permitted in projects of less than 20,000 square feet, and that 80 percent of the units shall be permitted in projects over 20,000 square feet. It was decided further that boarding/lodging/rooming houses shall not be permitted uses in any zones. He added that the rationale for permitting kitchen facilities in larger projects only is based on the interest in avoiding long-term use which is a more probable outcome in smaller, older structures with kitchen facilities. He continued by saying that the rationale for removing boarding/ lodging/rooming houses from the conditional use list results from the perception that such uses have a propensity to lead to long- term use and manifest other ill-perceived characteristics which PAGE THREE hinder the community's effort to enhance its image and fiscal viability. He added that it was staff's recommendation that the sample reso- lution be adopted and that the resolution recommends to the Ctiy Council adoption of the proposed ordinance amending articles 2, 11.5, 10 and 8 of the Zoning Code. Comm Brown stated that it was his recollection the percentage figure arrived at during the workshop was 90 percent rather than 80 percent. Mr. Mercado stated that the minutes of that work- shop did not indicate any concensus initially, but after a lengthy discussion it was agreed that 80 percent would be the representative number. Chmn Izant pointed out that in Attachment 2, number 1, second-to-the- last line that the words "slicing scale" should be corrected to read "sliding scale". Chmn Izant opened the public hearing. There being no testimony, the public hearing was closed. After a short discussion, there was a motion by Comm Brown, second- ed by Comm Newton, to pass the resolution as submitted recommending adoption of the ordinance by the City Council. In answer to Comm Shapiro's question, Mr. Mercado stated that the differences between hotels and motels are that hotels will have sliding scale parking and will be required to have an 800 square foot lobby manned 24 hours a day .. In answer to Comm Soulakis' question Mr. Mercado stated that the sliding scale parking will not apply to both hotels and motels. He added that the proposed ordinance's new section 6 only applies to hotels and that the section dealing with motels will stay as it now exists. In answer to Comm Soulakis' ques-tion Mr. Mercado stated that the word "parcel" refers to land area. He added that the hotel re- quirement of an 800 square foot ·lobby manned 24 hours a day will probably not be economically feasible for smaller projects. In response to Comm Soulakis' question Chmn Izant stated, by way of background information, that the Planning Commission originally defined hotels has having no kitchen facilities. He added that it had been his opinion that the large hotels generally didn't provide kitchen facilities in their rooms. However, with more information he found that many of the larger, better hotels provide such facilities in their more expense rooms. He stated further that he agreed with staff's analysis re the required square footage and manned-lobby, since the hotel would have to be quite large before the kitchen facilities would be provided. PAGE FOUR • Comm Brown stated that the Commission did not want to preclude a large developer from coming in and . having to fit into some archaic criteria. Commission felt that the city would possibly attract a good developer and that was one of the reasons they limited ic to 20,000 square feet. He felt that if a developer bought 20,000 square feet of land they should have some flexibility to determine if some of the planned units would have kitchens. He felt that that was Commission's rationale. AYES: NOES: ABS: Chmn Izant; Comms Brown, Newton, Shapiro, Soulakis None None Motion by Comm Soulakis, seconded by Comm Newton, to pass the resolution PC 83-24 as prepared by staff. AYES: Chmn Izant; Comms Brown, Newton, Shapiro, Soulakis NOES: None ABS: None VI. C-POTENTIAL ALONG PACIFIC COAST HIGHWAY The staff report was given by Ms. Sapetto. She stated that on August 15, 1983, the BZA approved a Preliminary Environmental Impact report on amending the Zoning Code, Section 1103, to allow owners of C-Potential properties adjacent to C-3 zones the right to automatically rezone to C-3. She added that the proposal to allow owners of ·c-Potential properties along Pacific Coast Highway contiguous to C-3 properties the auto- matic right to rezone C-3, would provide more clarity and certainty for the developer and would enhance the city's ability to compete for land development dollars for those C-Potential properties which are presently under-utilized. In addition, though no precise plan would be required for rezoning a C-Potential lot, as is now required, the developer would still have to submit such a plan to to Commission for approval of any project. It is staff's recommendation that the Commission approve the reso- lution approving amendment of Section 1103 of the Zoning Code by allowing C-Potential properties with a common-line boundary to a C-3 zone along PCH the right to automatically rezone to C-3 prior to submission of a precise plan to the Commission. In answer to Chmn Izant's question Ms. Sapetto stated that if the property owner has the underlying C-Potential on his property and he is adjacent to a commercially zoned property along PCH, he would have the right to automatically rezone to commercial. However, it would not be blanket approval of an intended project. The project plans would still have to come before the Commission. PAGE FIVE In answer to Comm Soulakis' question, Ms Sapetto stated that she was not sure whether a property owner could go back automatically to original zoning once the property has been rezoned. It was her opinion that the property owner would have to make a formal request to reverse it. Comm Soulakis stated that he felt that once the Commission allows these properties to rezone, then the adjacent zones would be re- zoned C-Potential, ad infinitum. Ms. Sapetto stated that that would not be the case. She added that the property would have to designated C-potential at this time and it would not go beyond the scope of what is now C-Potential. Both Comm Soulakis and Comm Brown voiced concern over the fact that if the property were rezoned commercial at the owner~ request and for some reason his proj~ct fell through that the reversion to C-potential would not be automatic. They felt that this might present some legal problem if the owner was prevented from using his land for anything other than a commercial purpose. They felt that if it was automatic one way, it should also be automatic in the other direction. Ms. Sapetto stated that the reason for this automatic rezoning was to encourage commercial. She added that any property owner would have the right to request a rezone as long as it is consis- ten with the general plan. Mr. Mercado stated that if a project is denied initially it can be amended to comply with code require- ments. He added that any deriial has to be based on findings. Comm Newton suggested that if a property owner is concerned with this reversal issue,perhaps the Code should allow a property owner to submit project plans along with his automatic zone change re- quest stipulating that the zone change be contingent on approval of the plan. In response to Comm Newton's suggestion Ms. Sapetto stated that with the present Code the property owner has to submit a specific plan in order to convert his C-Potential property to commercial, and that approval of the plan would also constitute approval of the zone change. However, it was the Council's concemthat that pro- cedure might deter property owners from converting to commercial because they did not have a guaranteed conversion. She added that under the proposed amendment the overly cautious developer would no longer have that option. Ms. Sapetto stated that it was her recommendation at this time to continue this item until the next meeting when the staff can pre- sent commission with a draft of the proposed ordinance amendment that reflects the Commissions' concerns. Comm Brown felt that both options should be available to the pro- perty owner. On the one hand the zone change to commercial can be automatic if that is the property owner's desire~ 0n the other hand if the property owner would prefer that the zone change be PAGE SIX contingent on the approval of his project plan that option should still be available to him. He suggested further that the City Attorney read and submit his opinion regarding the Commissions' concerns raised tonight. VII. STAFF ITEMS Ms. Sapetto distributed material to the Commission with respect to up-coming seminars sponsered by the Southwest Planning Council de- signed specifically for Planning Commissioners. She suggested that the seminars would be helpful for the new commissioners. She re- quested that all those interested in attending let her know so that the proper reservations can be made. Ms. Sapetto distributed copies of the minutes from the Vehicle Parking District to the Commissioners. Chmn Izant pointed out that there would be a City Council-Planning Commission Joint workshop tomorrow night to discuss the Housing Element. He suggested that everyone attend if possible so that they would be familiar with the subject matter on the oft-chance that the element may come back before the Commission. He added that it would begin at 7:00 p.m. Ms. Sapetto stated that she had submitted a request to the Planning Commission,for their consideration, to hold only one Commission meeting per month instead of two. Her justification for the request was that the Department is not getting the number of applications for sub-divisions that they had in the past. She added that those appplications are really the only items that must be discussed by the Commission on a timely basis. She felt that most of the remain- ing business could be adequately handled in one meeting per month. She continued by saying that the Housing and Land Use Elements were now being discussed in the workshop format which seems to be a better way to deal with those items. She added that putting the materials together for the meetings was expensive. Also, if the circumstances change, Caommission can go back to the two scheduled meetings per month. She added that this month would be exempt since the proposed ordin- ance for .devel opme_nt agreements is an i tern that the City Council was anxious Loi the Commission to take action on. Comm. Soulakis stated that he had no objection with the one meeting idea, but was concerned about its effect on the public. Ms. Sapetto responded by saying that it would ·generally be just an additional two-week wait if an i tern had to b e: continued from one meeting to the next. She added that with respect.to sub-divisions that those are usually handled within one meeting's time, since they are drawn to specifications and generally come in meeting all requirements. If they are continued for some reason it will usually take the applicant an extra meeting to make the necessary changes. PAGE SEVEN In response to Comm Shapiro Ms Sapetto stated that if the addition- al two-week wait would cause an undue hardship a special meeting could then be scheduled. It was decided that the meetings would then be scheduled for the third Tuesday of each month, exempting this month. so ORDERED. VIII. COMMISSIONERS' ITEMS Chmn Izant asked what the status of the Appletree issue was. Ms. Sapetto stated that the item had been originally scheduled for tonights' meeting; but that they had had a problem obtaining a preliminary title report. Staff had received a $700.00 estimate for the report, and the City Attorney had requested a line-by-line breakdown of the costs. She added that after they receive the cost breakdown they will still have to get approval from the City Council for the expenditure. In answer to Comm Brown's question Mr. Mercado stated a preliminary title report was necessary in order to notify the property owners of the city's intended proceeding. He added that this report will provide staff with a current list of the surrounding property owners. Comm Brown suggested that the staff obtain a copy of the title report from the agency that the owner of the property used to close escrow, since a running record is kept. Ms. Sapetto agr·eed that that was a· good idea. Comm Newton added that the city's proceeding will impact the sur- rounding property owners, perhaps impairing their rights, and they must be notified. She asked whether the inspection that had been requested by the owner of the Appletree at the last meeting had taken place. Mr. Mercado stated that the inspection had not been done. The meeting was adjourned at 8:15. - PLANNING COMMISSION REGULAR MEETING OF JULY 5, 1983 HELD IN THE CITY HALL COUNCIL CHAMBERS, HERMOSA BEACH ROLL CALL PRESENT: Chrmn I zant, Comms Smith, Strohecker, :'13hg.p _i~9, _ :J?:e.:j_r;-ce, Brown ALSO PRESENT: Pam Sapetto, Planning Director; Alfred Mercado, Planning Aide. APPROVAL OF MINUTES -JUNE 21,. 1983 Motion by Comm Peirce, seconded by Comm Shapiro to approve the minutes from the regular meeting of June 21, 1983, as submitted. There being no objection, THE MOTION WAS SO ORDERED. APPROVAL OF RESOLUTIONS P.C. 83-18 & P.C. 83-19 Chmn Izant clarified that P.C. 83-18 is a Resolution of intention to hold public hearings regarding the Satellite Receiving Antennae, and P.C.83-19 is in regards to the seven unit condominium. These are being approved specifically for form, not necessarily for content. In answer to Comm Shapiro.' s question, Mr. Mercado advised there are no more than 6 satellite receiver antennaes in the City. Motion by Comm Strohecker, seconded by Comm Shapiro, to approve both resolutions (P.C. 83-18 and P.C. 83-19 , ~s submitted by staff. AYES: Chrmn Izant, Comms Smith, Strohecker; Sha9iro; Peirce, Brown NOES: None ABS: None REGULATION OF SATELLITE RECEIVING ANTENNAE Ms. Sapetto requested this item be continued until the next meeting in order that staff may receive further documentation. In answer to Chrmn Izant's question, Ms. Sapetto advised that no further public notification in the newspapers will be required. The Public Hearing was opened by Chrmn Izant. Seeing no public testimony at this time, Chrmn Izant continued the public hearing until the next meeting, and advised this, in effect constitutes legal noticing of this public hearing. ZONE CHANGE REQUEST FROM OPEN SPACE TO R--1 AT 1800 -HARPER (adjacent to Hermosa View School) The Staff report was given by Alfred Mercado. He stated this project can, in a way, be considered as a second phase of the lot line adjustment approved by the Commission on June 6, 1983. He continued, the lot line adjustment transferred a marginal strip of property to six property owners, the current project applicants. As a result of the lot line adjustment, Mr. Mercado advised the six property owners involved now have land which is partially zoned open space and partially zoned R-1, and this inconsistency is also true of the General Plan. He continued, this project is not inconsistent with the goals of the open space element of the General Plan.1 due to the fact that the property being considered for rezoning has topographical characteristics (oronounced slope) which render it useless for open space and especially recreational purposes, and this position has been taken by the Hermosa Beach School District. In answer to Comm Smith's question, Mr. Mercadc 'advised it is his understanding Hermosa Beach School District 1is no longer property owner , and therefore, did not sign the application for zone change. Ar. Mercado continued, he was advised by the spokesman for the property owners that they are now the owners of the property previously owned by the Hermosa Beach School District, and that the deeds have been recorded, however, initially, when the applicants secured the application, the transfer of title had not been finalized. Chrmn Izant recalled extensive discussion at the last meeting concerning how many General Plan changes a city can make each year, and it was ascertained there were three allowable changes. In answer to Chrmn Izant's question, Mr. Mercado advised cities can change each mandated element of the General Plan three times within a calendar year, i.e. nine elements. This is not the General Plan itself. Mr. Mercado continued, to-date, this year, there have been no changes to the Land Use element of the General Plan. Comm Brown requested a quarterly update on the changes to the General Plan. In answer to Chrmn Izant's question, Ms. Sapetto advised there is an annual report to the State on the changes to the General Plan. Comm Brown advised the State feels if a City requires to make more than three changes to the General Plan, then perhaps the General Plan needs revamping. The Public Hearing was opened by Chrmn Izant. Joy Henry, 845 15th, Hermosa Beach, California -Citizen. Ms. Henry stated the newspaper notice advised of a zone change to R-1 at 1800 Harper~·and asked if th~s ·area is the park. Chrmn Izant clarified this area is behind the school, that on the eastern side of the school ?roperty where it abuts residential, there is a slope of land. There is an erosion and flooding problem with this land, and the homeowners have bought this land with the intent of improving it. Public Hearing was closed by Chrmn Izant. Motion by Comm Peirce, seconded by Comm Brown to approve the zone change and General Plan amendment on 1800 block of :aarper -; • AYES: NOES: ABS: Chrmn Izant; Comms Smith, Strohecker, Shapiro, Peirce, Brown None None .Motion by Comm Peirce, seconded by Comm Smith to adopt Resolution P.C. 83-·20 1 a resolution approving a zone change and General Plan amendment from O9en Space to R-1 at 1800 block of Harper-Comm Peirce amended the Resalution to show Mr. Izant as chairman. AYES: Chrmn Izant, Comms Smith, Strohecker, Shapiro, Peirce, Brown NOES: None ABS: None ZONE CHANGE REQUEST FROM C-1 TO R-3 AT 166 HERMOSA AVENUE The Staff report was given by Alfred Mercado. He stated, in 1977, the subject property in conjunction with its neighboring properties, was considered for rezoning from C-1 to R-3. Of the thirteen lots considered for rezoning at that time, nine were rezoned. The four that were not rezoned are the most norther~ and nearest 2nd Street and Hermosa. He continued, it appears that the Planning Commission in 1977, felt that the subject property, along with lots 12 and 13, should remain C-1 to ensure adequate area for parking for future commercial development. He added, the Land Use Map does not clearly define the boundaries of these neighborhood commercial areas. Therefore, the question, is the subject property in an area with a land use designation of high density or neighborhood commercial? This question requires interpretation of the intent of the Land Use Element by the Commission. Mr. Mercado continued, the zoning code's counterpart to neighbor- hood commercial is the C-1 zone. Permitted uses in a C-1 zone include apartments on top of a commercial building, or as an entire project with four or more apartments. The major difference in permitted land uses between C-1 and R-3 are subdivisions, which in this community, are most often represented by condominiums. The subject property, being 5800 square feet, would allow a maximum of six apartments under C-1 zoning. Under R-3 zoning, five condominiums could be constructed. One major interest in retaining the site as neighborhood commercial is in keeping retail sales and retail facilities within the City. The applicant has suggested that the site is not large enough to accommodate commercial activities, and it appears that, in order for the site to be developed commercially, subterranean parking would have to take place, which is rather costly. Further- more, the site is quite a distance from the downtown business district, therefore, the viability of commercial development is questionable. Mr. Mercado advised that Staff recommends that the Commission consider the information provided and that a decision be based on the utility and compatability of the proposed zone change with its environment. In answer to Comm Peirce's question, Mr. Mercado advised originally, it was the Planning Commission's intention to leave all four lots zoned C-1 since at that time in 1977, the applicant or applicants were asking that the entire block which consisted of aporoximately 13 blocks be rezoned from C-1 to R-3, and the Commission concluded that 9 lots be rezoned and 4 lots remain C-1. In answer to Comm Shapiro's question, Mr. Mercado advised that Staff sees some semblance of merit for and against this application, and does not feel strongly for either position, and therefore, feels it is appropriate that the decision be on the part of the Planning Commission. Comm Peirce recollected there was a petition, however there was not a specific project that was, at that time, in violation of the General Plan, being high density at that time. This was an attempt to bring the General Plan in conformance. Comm Peirce continued, it is his recollection the Planning Commission at that time, because of the uncertainty of the subject property, decided it should be left as it was. The Public Hearing was opened by Chrmn Izant. Chuck Sheldon, owner of Hermosa Real Estate Company, representing applicant in this zone change. Mr. Sheldon p rovided photographs of the site, which he felt would lend some greater understanding to the request. Mr. Sheldon advised this lot was owned in 1977 by a woman named Bray, who was not cooperative with the City and the applicants to the south, who wanted to rezone the property R-3. It is Mr. Sheldon's understanding the City prefers to have concurrence from property owners when they Lezone property. Further, Mr. Sheldon understands, since it was impossible to discuss the rezoning of the subject lot with the then owner, and there was some sense to leaving it C-1 contiguous to its neighbor to the north, the City opted to leave the property C-1. Mr. Sheldon continued, the applicant took title to the property June 1st, 1983, and has attempted to determine the viability of a commercial development in this interior 5,800'. The applicant has found it to be virtually impossible to develop this lot commercially with the parking requirements, the subterranean requirements, and has asked that it be rezoned contiguous to the property to the south, east, north with the exception of the northerly two lots next to 2nd Street, and the Strand property to the west of Hermosa Avenue. This conforms to the General Plan, and also with the surrounding property, and makes sense from a development standpoint. Mr. Sheldon felt if the property were rezoned R-3, it would lean more towards less density than it would as C-1. Public Hearing was closed by Chrrnn Izant. In answer to Comm Peirce's question, Mr. Mercado stated it is his understanding there are two lots on the northeast corner 80' along Hermosa Avenue still zoned C-1, and these are apartments. Comm Peirce's feelings were if there was a building on the lot, it would be an attractive place for a small store, however, since there is no building, this seems unlikely. Motion by Comm Brown, seconded by Comm Shapiro to approve the requested zone change from C·-1 to R-3 at 166 Hermosa Avenue. AYES: Chrmn Izant, Comms Smith, Strohecker, Shapiro, Peirce, Brown NOES: None ABS: None Motion by Comm Brown, seconded by Comm Smith to approve Resolution P.C. 83-21 adopting Staff wording as set out in packet, with the correction of the Chairman's name to S-teve -Izant. AYES: Chrmn Izant, Comms Smith, Strohecker, Shapiro, Peirce, Brown NOES: None ABS: None STAFF ITEMS & COMMISSIONER'S ITEMS In response to Ms Sapetto's suggestion, the Commission agreed to hold one meeting each in July and August, and should the need arise, a further meeting could be held. Ms. Sapetto advised by September, Staff should have Land Use Element materials. Ms. Sapetto advised the firm Phillips, Brant & Reddick from Orange County were selected as Consultants to work on revisions to the Land Use Element. Ms Sapetto advised there will be a workshop in July with City Council, to help with the adoption of the Element. The date for this has not yet been set by Council. Comm Peirce questioned if a structure located on the Strand at the skating shop and Perry's Pizza has a Conditional Use Permit. Mr. Mercado advised the owners received environmental clearance, and feels almost certain they have a Conditional Use Permit. Comm Smith requested Staff research this question and report back at the next Planning Commission meeting. Ms. Sapetto advised City Council appointed two new Planning Commissioners, Commissioner Leslie Newton, and Commissioner George Zulakis, who will assume duties at the first meeting in August. Chrmn Izant commended Comm Peirce for 8 years of service to the Planning Commission. Meeting was adjourned at 8:20 p.m. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the 5th day of Julv, 1983 PLANNING COMMISSION REGULAR MEETING OF JUNE 21, 1983, HELD IN THE PLANNING DEPARTMENT CONFERENCE ROOM, HERMOSA BEACH ROLL CALL PRESENT: Chrmn Peirce; Comms Izant, Shapiro, Smith, Strohecker ABSENT: Comms Brown, Loosli ALSO PRESENT: Pam Sapetto, Planning Director; Alfred Mercado, Planning Aide. APPROVAL OF MINUTES -JUNE 7, 1983 Motion by Comm Shapiro, seconded by Chrmn Peirce to approve the minutes from the regular meeting of June 7, 1983, as submitted. There being no objection, THE MOTION WAS SO ORDERED. APPROVAL OF RESOLUTIONS P.C. 83-15, P.C. 83-16, P.C. 83-17 Motion by Comm Strohecker, seconded by Comm Shapiro, to approve all three resolutions (P.C. 83-15, P.C. 83-16, P.C. 83-17) as submitted by staff. AYES: NOES: ABS: Chrmn Peirce; Comms Izant, Shapiro, Smith, and Strohecker None None SEVEN UNIT CONDOMINIUM, CUP "& TENTATIVE TRACT MAP #37389 The Staff report was given by Alfred Mercado. He stated that in June the Environmental Review Board considered this project and issued it a Negative Declaration has having no significant impact on the environment. He continued by saying that the project consists of a seven unit condominium in two structures on 9,200 square foot lot zoned R-3, and is within the multi-use corridor. One structure is to be three stories. All garages are subterranean. He added that Applicant is not being required to submit a tentative map because a final map on this property was previously recorded with the Los Angeles County Recorder. Along that line, he explained that another developer had previously planned a project and at that point the final map had been recorded. However, that project never material- ized, but the map remains recorded. He stated that the project meets all requirements and staff recom- mends that the Planning Commission approve the seven unit condo- minium, tentative tract map, and CUP. The Public Hearing was opened by Chrmn Peirce. PAGE 2 Gary Schneider, 17 Thunder Trail, Irvine, California -Applicant. He stated that the architect for the project, Martin Sapetto, was in attendance, along with the civil engineer and they could answer Commissions' questions with respect to the project. In answer to Chrmn Peirce's question, Mr. Martin Sapetto, Archi- tect, stated that the highest point of the building would be 35 feet, with the rear structure being somewhat less. He added that the finished qrade would be less than the natural grade, so the 35 feet will be the highest point as measured from the natural grade. In answer to Chrmn Peirce's question, Mr. Sapetto stated that the storage area will be provided on the back wall of the garage. Chrmn Peirce todl the applicant that he may be requested to come back before the Commission in the future if questions arise.. He added that the project appears to meet all of the specifications in the Condominium Ordinance. Public Hearing was closed by Chrmn Peirce. In answer to Comm Izant's question as to whether the proposed resolution submitted tonight for approval was based on the current criteria, with particular respect with item number 6, Mr. Mercado explained that Staff had not, as yet, revised the application pack- age. And, as a result of that, Staff did not feel it was appropriate to impose that requirement on this applicant. Chrmn Peirce added that requirement number 6 was in existence before this project's application was submitted. Mr. Mercado re- plied that he was not sure that was the case, but added that there is a "lag" time between approval and implementation, and the appli- cation forms have not been revised yet. Due to this fact, staff felt it would be unjust to impose this requirement on the appli- cant. Mr. Mercado stated that application forms would be revised very soon. In answer to Comm Smith's question, Mr. Mercado stated that the tentative map is approved contingent on the final map. Comm Strohecker stated that the minimum dwelling space appears to be approximately 1,100 plus square feet, and asked how that figure compares with neighboring cities. Since there were no comparative figures available at this time, he requested that staff provide Commission with this information at the next meeting. Mr. Mercado said he would do so. Motion by Comm Izant, seconded by Comm Smith to approve the condo- minium project at 723 -3rd Street. PAGE 3 AYES: Chrmn Smith; Comms Izant, Shapiro, Smith, and Strohecker NOES: None ABS: None In response to Comm Smith's inquiry, Mr. Mercado reiterated that because this applicant was not informed of .the new .requirement -- re item number six on the resolution --staff is now requiring applicant to conform with the new requirement in a timely fashion. Motion by Comm Izant, seconded by Comm Smith, to approve Resolution P.C. 83-19 as written by staff. AYES: Chrrnn Smith; Comms Izant, Shapiro, Smith, and Strohecker NOES: None ABS: None STAFF ITEMS & COMMISSIONER'S ITEMS Chrmn Peirce stated that with respect to the letter from the women at the Appletree project which was mentioned at the previous meet- ing, the change to the project was done at the request of the city. He added that the change with respect to gate was a good idea, as people were getting stacked up on Ardmore. He asked what the sta- tus was with respect to the package on the Appletree project that Commission was supposed to receive. Mr. Mercado stated that the City Attorney is still working on that. Comm Shapiro nominated Comm Smith to serve as Vice Chariman, Comm Strohecker seconded the nomination. Comm Smith accepted the nomin- ation. Chrmn Peirce stated that Comm Shapiro would remain secretary, with Comm Izant taking over as Chairman. Motion by Comm Smith, seconded by Comm Izant to unanimously endorse the slate of new officers. Chnmn Peirce asked Mr. Mercado to find out if he would remain on the Commission until such time as the Council appoints his replace- ment. Comm Izant expressed his, as well as the commission's, appreciation to retiring Commissioner/Chairman Peirce for his 8 years of service to the city. He also expressed the same appreciation to retiring Commissioner Loosli. Meeting was adjourned at 7:55 p.m. Certification I hereby certify that the foregoing minutes are a true and complete record of the actions taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of June 21, 1983. MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON JUNE 7, 1983, IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. I. ROLL CALL PRESENT: Chrmn Peirce, Comms Brown, Shapiro, Smith, Strohecker, and Izant. ABSENT: Comm Loosli ALSO PRESENT: Pam Sapetto, Planning Director; Alfred Mercado, Plan- ning Aide. II. MINUTES Comm Smith asked that his remark on page two of the minutes be ex- panded to include that "the document .:says a lot but promises little or nothing, as most planning documents do." Motion by Chrmn Peirce, seconded by Comm Smith, to approve the minutes noting the above correction. AYES: Chrmn Peirce, Comms Brown, Izant, Shapiro, Smith, Strohecker NOES: None ABS: None I_II. ·RES. P.C. 83-12, P.C. 83-13, P.C. 83-14 Chrmn Peirce explained to the audience what the resolutions were about. It was the concensus of the Commission that they accurately reflected the actions taken by Commission. Motion by Comm Smith, Seconded by Comm Strohecker to approve the three resolutions as prepared. AYES: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith, Strohecker. NOES: None ABS: None IV. SCHOOL DISTRICT LOT LINE ADJUSTMENT The staff report was given by Mr. Mercado. He stated that the Appli- cant --Hermosa Beach School District--was proposing to sell a por- tion of Hermosa View School. The reason for the sale of the land is due to its pronounced slope which renders it impractical for school purposes. Furthermore, there have been some erosion problems. Once the land is sold individually to the adjacent six property owners, they will landscape and take preventative measures against the erosion. He continued by saying that the project is viewed as being in the pub- lic interest, in that it is the first step towards mitigating the drain- age problem experienced by the six adjacent residents. Therefore, staff recommends. that the Commission approve this project by adopt- ing the attached resolution whcih contains the following 9ondition. PAGE 2 That a covenant be placed on each property limiting the use of the area shown on Tract Map #32162 (to be transferred from School Dis- trict to individual property owners) to be maintained as open space until such time as property owners apply for a re-zone. Comm Smith asked what the purpose of maintaining the property as "ope,n space" was. Mr. Mercado replied that that is how the property is , reflected in the general plan and the city sees no reason to deviate from that policy at this time. Chrmn Peirce stated that the hearing tonight would deal only with the relocation of the lot line on the subject property, but that the six adjacent property owners could request a rezoning at a later time. Ms. Sapetto added that at the time that the School District filed the application it was discussed whether or not the District wished to re- zone. However, they did not wish to incur the f ee at that time. The district is not interested in whether or not the prope rty is changed. Furthermore, if Commission wished to rezone the land, then the item would have to be continued until the proper application was filed and noticing completed. She reminded the Commission that the City is limited by the number of general plan amendments that can be effected during the year and that this particular item would be a low priority use of one of the allotted amendments. Comm Smith stated that the purpose of this item was to get the strip of land to the adjacent land owners and for them to provide anti- erosion measures. In answer to Comm Smith's question, Ms. Sapetto stated that the only reason for rezoning this property was that as it stands the purchasers could not build on the land. Mr. Mercado stated in answer to Comm Stroheckers question, that the fence shown on the map is within the slope and it will no longer exist once this adjustment takes place. In answer to Comm Smith's question, Ms. Sapetto stated that the covenant would be in the form of a deed restriction in that it would be recorded. Comm Brown felt that there should be a simple process whereby the six property owners could get the land rezoned altogether rather than each owner having to apply individually. He also added that by leaving the land zoned for open space that it would leave the property non-tax- producing which would not be the case if it were rezoned .. Ms. Sapetto stated in answer to CornIIl Strohecker's question that the setbacks on the six adjacent lots would remain the same because the open-space zone is non-buildable. Comm Izant added that if the open space were changed the percentage of lot which is buildable would increase, i.e. the ratio of land to structure would be greater. Ms. Sapetto agreed. Public Hearing was opened. PAGE 3 Burk Bussierre, 1837 Harper Avenue, Hermosa Beach, stated that he was a proponent of the lot line adjustment with the qualification that there would be a zoning changed.He felt that the zone change should cover all parties at one time to make it more economical and less time- consuming. He added that the slope on his potential property is in excess of 45 degress and he wants to build a retainer wall to extend the level ground of the property. The footing required for the wall will be substantial; with estimates for the wall being about $15,000. So, in essence, the school property would co~t him approximately $20.00 per square foot. Due to this economical fact he would want the property rezoned so he could get the maximum use of his land. Chrmn Peirce informed the speaker that the zoning ~ssue was not before the Commission at this time. Mr. Bussiere stated that he would like the two issues dealt with concurrently. He also felt that if the land were not rezoned to R-1, that this would constitute a constructive breach. Ms. Sapetto stated that there are some uses for the property with the current zoning, i.e. swimming pool; adding that in open space zoning you can build up to ten percent. She felt that the original affect of the purchase of this property was to solve a run-off erosion pro- blem. George Magert, 1841 Harper, Hermosa Beach, stated that he agreed with Mr. Bussiere's testimony, and that for the amount of money he would have to invest above the purchase price he would want to be entitled to full use of his property. He stated further that it is very compli- cated having two zones on one lot especially with respect to resale. He agreed that the purchase price was low but with the improvements he would have to effect the cost could rise as high as $25.00 per square foot. Public Hearing was closed. Chairman Peirce stated that he felt there were two courses of action that the Commission could take, (1) go for- ward with the lot line adjustment tonight or (2) Postpone tonight's hearing to allow application for a zone change and proper noticing, so the two items could be handled concurrently. Comm Brown asked what the costs would be to effect a zone change. Ms. Sapetto stated that the fee is $450.00 per application to partially cover staff costs plus the noticing costs, mailed notification and newspaper publication, which would be approximately $1,000.00. She added that it probably could be done with one application covering all six lots. She reiterated that there is a limitation to the num- ber of general plan amendments that can be made during a one-year period. She was not sure whether the year would end at the end of the fiscal year or calendar year. She stated that if the zone change were in compliance with the general plan it would not be an amendment. Comm Brown said that he was surprised that there was no mention made in the report which reflected the thoughts of the property owners in- volved. Ms. Sapetto replied by saying that that is an issue between PAGE 4 the School District and the property owners and not an issue of the city's. The School District informed staff that they were not con- cerned about the zone chage. Comm Smith stated that he supported the lot line adjustment but that he didn't feel it should be complicated by piecemeal rezoning --i.e. done on an individual basis with each property owner coming before the Commission to discuss and argue the same points and issues. He felt it would consume a tremendous amount of time. Comm Izant stated that the applicanthas requested the Commission to pass on the issue of the lot line adjustment and sale of property. He added that the owners of the adjacent property have a right not to complete the transaction with the School District, and,if in fact that happens, then the District will have to renegotiate with the buyers and perhaps apply for the zone change. He continued by saying that Commission should take action on the issue before them. Comm Brown stated that he was concerned about the proposed covenant. Chrmn Peirce and Comm Izant agreed. Comm Strohecker suggested that the wording of the covenant be changed to read " ... until such time as the property is rezoned." Comm Smith stated again that he felt that it would be cleaner and more above-board if the lot line adjustment and zone change were handled simultaneously. Motion by Comm Izant, seconded by Chrrnn Peirce, to accept the staff recommendation with the modification of the covenant as stated by Comm Strohecker. Comm. Izant agreed that this would have been better handled if the two issues had been brought before the Commission. However, he felt that it was important that Commission pass on this resolution tonight. If this is done it will allow the District and the property owners negotiate and reach some accord which may include the application for zoning change. It felt that it would not harm either of the parties to pass on this item tonight. Comm Smith requested that the second whereas of the resolution be changed to simply say " ... there is no detriment to public interest." He also wanted the covenant to be eliminated. Ms. Sapetto added that the language in the covenant was just a reaffirmation of what is in the code. Chrmn Peirce disagreed with Comm Smith and felt that the covenant should remain as a flag for any potential buyer. Comm Shapiro asked the two speakers from the audience whether when they negotiated the land sale with the School district, they approach- ed them in the same manner as they approached the Commission and if so what the District's response was. Mr. Bussierestated that during the negotiation, the School Board felt it would be in the best interest of everyone for the land owners to apply for the zone change. He added that he was disappointed that the School Board was not represented at this meeting. PAGE 5 Chrmn Peirce requested that the afore-mentioned motion be put to a vote. He explained that a "yes" vote approves the staff recommend- ation, and a "no" vote disapproves. AYES: NOES: ABS: Chrmn Peirce, Comms Izant, Shapiro; Strohecker Comms Brown and Smith. Motion by Comm Izant, seconded by Comm Shapiro, that the Planning Commission adopt resolution :83-15;:_with the change to the second whereas to read " ... there is no detriment to public interest." and the covenant changed to read" ... that the property be maintained as open space until such time as the property is rezoned." AYES: NOES: .ABS: Chrmn Peirce, Comms Izant, Shapiro, Strohecker Comms Brown and Smith Chrmn Peirce informed the audience that any decision of the Commission could be appealed to the City Council within 10 days. V. FINAL APPROVAL OF CONCEPTUAL PLANS -BOATYARD SITE Chrmn Peirce explained to the audience that the Commission held hearings approximately a year and a half ago which resulted in a resolution to the City Council. The Council then took it under advisement, and ultimately they were desirous of reducing the number of units. It then went into litigation resulting in renegotiation between the city and the property owner. He added that the Commission has in the past only approved conceptual plans. However, tonights action is for approval of the final plaT1s. for the planned dev elopment at the Boatyard site . The Staff report was given by Ms. Sapetto. She stated, in addition to the history as given by Chrmn Peirce, staff recommends that the Commission approve the final plan, CUP and Tentative Map and, additional- ly authorize staff to negotiate a revised access from Herondo to the project. She continued by saying that basically the role of the Commission is to look at the final plan in light of the conceptual approval that was effected by the council, to determine if in fact the plan does meet that conceptuaJ. approval --i.e. are the number of units, and traffic circulation the same. Commission should bear in mind that the traffic circulation that the Council approved was different from that which the Commission approved. Additionally, Commission approved a 79-uni t project with an ingress/egress across fr om the railroad right-of-way, midway between Second Street and Herondo. However, that has been removed, and the ingress/egress is at the corner of Herondo and Valley Drive. Staff has suggested tha.t in that particular area circulation might be improved by moving it up onto Herondo and perhaps utilizing a portion of the property that the city owns to better effect traffic circulation. PAGE 6 Staff suggested further that the Planning Commission allow staff to negotiate with the Applicant to modify that access. Other than that, the perview of the Cornrnisssion is to determine whether or not the final plan is in fact the same as the plan approved by the Council and agreed to in the court settlement. Chrmn Peirce disagreed with part of Ms. Sapetto's analysis stating that State law reads that any modification to any planning commission action taken at the city council level has to be cycled back to the commission before approval of it. He added that in his opinion the Commission had some options, and that it is within their perview to suggest changes or v / modifications to the plan. However if the city council did not approve Comrnissions's changes/modifications, then it would go back to the original. Ms. Sapetto stated that that was not the way the issue had been repre- sented to her by the City Attorney. She added that the item has come back to the commission for final review on a conceptual approval that was given in the past. In answer to a question from the audience, Chrrnn Peirce stated that the newspaper notice of this hearing was correct. Public Hearing was opened. Richard A. Leonard, representing the Applicant, stated that the original conditions had charged the applicant to use their best efforts to obtain the right-of-way from Santa Fe Railroad. However, Applicant was only able to obtain the right-of-way in the position that it is shown. Jim Rosenberger, 1123 Bayview, Hermosa Beach, asked whether the ingress/ egress being referred to was the only one. Ms. Sapetto answered that there are four ingresses/egresses. At this point a five minute break was taken so that Ms. Sapetto could explain the plans for the project to the members of the audience. Chrmn Peirce called the meeting to order. In answer to Mr. Rosenberger's question, he stated that on the average there would be four to five trips per day generated by each unit of the project. Mr. Rosenberger continued by saying that if Commission is considering a change that now would be the appropriate time, before the units are built, to perhaps change Valley Drive to a two-way street and/or widen it. Ron Orr, 168 Hill Street, Hermosa Beach, stated that half of the devel- opment will be exiting out onto 2nd Street, and 2nd Street is already carrying a double load, so this project will worsen the traffic flow problem. He suggested the Commission consider blocking off 2nd Street at Valley to stop the traffic from coming up 2nd Street and thereby forcing the motorists over to Herondo --which he felt was already a freeway. Chrmn Peirce stated that 2nd Street is a "collector" and it should be able to handle considerable traffic, even though it narrows to the PAGE 7 west of the project. He added that 2nd Street, as an arterial col- lector, was supposed to collect traffic and then bump it onto Pacific Coast Highway. Mr. Orr was upset because the original plans that he saw did not have an ingress/egress on 2nd or Hill and now there was. He added that he felt that Hill Street is unsuited for this kind of traffic because of the parking on both sides of the street. Also he felt the old resi- dents would not be able to park on the street. Chrmn Peirce and Ms. Sapetto both stated that the plans tonight were not substantially different from the plans which Mr. Orr alluded to in his testimony with respect to the ingress/egrees on 2nd Street. Mr .. Snyder, 157 Ardmore, Hermosa Beach, stated that from the begin- ning the developer was working for maximum density, and now we have maximum interference with the residents around the project. He felt the project would open the Ardmore stub and increase the flow of traffic thereon. Chairman Peirce stated that there is no plan to open Ardmore to the south to Herondo. He added that staff is suggesting that the city arrange the entrance that comes off of Herondo into the property in a more convenient fashion for traffic, but there is no plan to feed into Ardmore. He continued by saying that the plan is to correct the deficiency in the plan which dumps the traffic onto Herondo. Stacy , 167 Hill Street, He rmosa Be ach , stated that her con- cern is that Hill Street. which is v ery narrow and ~ .. allows .. parking on both sides of the street could not accommod ate rescue vehicles in the case of an emergency. Chrmn Peirce stated that Staff will take that into consideration, and if it is determined a emergency vehicle would be unable to travel down the street, it would be changed. Rita Neu, 662 1st Street, Hermosa Beach, stated that Council had appro- ved Plans A and B, but the plan which was not approved she felt should be reconsidered. William O'Clair, 620 1st Street, Hermosa Beach, stated that in the past Commission had discussed not providing the project with as many ingresses and egresses . He felt that should be considered again. Ronald and Elizabeth Morgan, 524 2nd Street, Hermosa Beach, stated that their major concern was their being forced to leave their rental unit with only 30 days notice in order to make way for the construction of this project. Chrmn Peirce informed them that they would have to work that our directly with the development firm. Richard A. Leonard, Applicant's representative, stated that the plan before the Commission is basically the same as plan B which was recommended for approval in the past by the Commi$ion. He explained that there are four less units than were originally on plan B. The n umb er of units accessing onto Ardmore, Hill or Second Street are no g reater than what was originally approved. He was certain that this p roj ect does not impact the present use of Ardmore. He added that from the very beginning they had agreed to landscape and provide a bike I PAGE 8 path in the unused right-of-way. Adding, that the project does not encompass any of the railroad property, except for one ingress and egress. These egresses are the same except that the tap from Valley Drive was moved closer to Herondo. The plan does comply with the existing city ordinance re visitor parking and recreational vehicle parking. The plan is an approved conceptual plan worked out by the county developer and the courts. He added that it was the Commission's discretion to determine whether this plan is consistent with the previously approved conceptual plan. In addition, these plans were approved by the Court. Public hearing closed. Chrmn Peirce stated that in his opinion the main concern of the pub- lic testimony dealt with potential traffic problems. He added that unfortunately any project will affect traffic somewhere in the city, and the only way to mitigate the problem is to reduce the number of units, which was done in this instance. In answer to Comm Smith's question, Ms. Sapetto stated that if at some time it is decided that the ingress/egress near Valley Drive and Her- ondo should be relocated and the new position eliminates any parking spaces, they would be replaced elsewhere on the property. Richard Leonard, developer, assured the Commission that the plan that is approved shows the tap down closer to Valley and at this time they are in a position to build that plan. However, they have indicated to staff they would entertain the idea of moving its location to a p osit ion that will be reflected in the study which should be completed today . He added that they had no intention a.nd would not negotiate a redes igned tap on Herondo which would take away any parking spaces be- low the code requirements. Motion by Comm Smith, Seconded by Comm Shapiro to approve the conceptual plans subject to the conditions and stipulations set forth in the resolution including l; 2, a through e; 3; 4; 5; 6; 7; and 8. AYES: NOES: ABS: Chrmn Peirce; Comms Brown, Izant none Shapiro, Smith and Strohecker Comm Smith stated that this project is a good example of negotiation that arrives at a reasonable development. The developer made some signifi- cant concessions in bringing the number of units down from 104, and subsequently changing the design of the project which makes it more habitable. He felt it would be impossible to satisfy everyone with respect to traffic. He was disappointed with the final removal of the ingress/egress on Valley; however, he assumed that was because of the trolley plans by the railroad. Comm Izant agreed with Comm Smith's remarks. He felt that this is the best project the city will get on this, but, in hindsight, the Commission never should have changed the zoning. He added that he must remain con- sistent and vote against the project. PAGE 9 Motion by Comm Smith, seconded by Comm Shapiro, to adopt Resolution 83-16 approving the final plan for 75 units, subject to the various whereas's and stipulations contained in the suggested resolution with the following change to the introductory parag::r-aph: ".A resolution of the Planning Commission of Hermosa Beach Approving the final plan for 75 condominiums, tentative tract map #22187 and Conditional Use Per- mit for property located at 440 -2nd Street, also known as the 'Boatyard site'." AYES: NOES: ABS: VI. Chrmn Peirce; Cornms Brown, Shapiro, Smith, Strohecker Comm Izant None SEVEN UNIT CONDOMINIUM, CUP AND TENTATIVE TRACT M...A.P #42874 The staff report was given by Mr. Mercado. He stated that the project consists of a two-story (over garages) seven unit condominium on a 9,961 square foot lot with a general plan designation of high density and R-3 zoning. The project meets all the requirements of the condo- minium ordinance and is consistent with the General Plan. He stated that staff recommends that this project, which meets all condominium ordinance requirements, be approved. Chrmn Peirce suggested that perhaps the plan may be in violation of the code with respect to common garages/tandem parking. Mr. Mercado stated that only three of the spaces were tandem. He ,.added that the Director of Buildings opinion was that the proposed garage is, as defined in the code, a common garage, and, further, that only 30 percent of these spaces are tandem. Public hearing opened. Allan H. Juckes, 27310 Rainbow Ridge Road, Palos Verdes Peninsula -- applicant --stated in response to Chrmn Peirce's question that there were no doors on the garages and in fact he had been told by the city that he could not install doors in a common gar~ge without violating the code. He added that he didn't need the doors because the project was set back further than 50 feet from the street. Curt Camper, 126 Monterey, Hermosa Beach, stated that this was a very good idea since that portion of Monterey is at the present time a mess of overgrowth. He felt that the developer should be encouraged to build, and the sooner the better. Comm Izant stated that using the roof deck to serve as open space for another unit was a novel approach. In Hermosa you have to use creative architecture. He wanted a confirmation that that area would be struc- turally stronger to accommodate foot-traffic. Ms. Sapetto assured him that when the drawings come to the city the Building Code requires that this sort of ,building be checked,i. e. , dwellings one above another. Public Hearing closed. Motion by Comm Shapiro, seconded by Comm Smith to approve the seven unit condominium, CUP and Tentative Tract Map #42874, located at 100-112 Monterey Boulevard. PAGE 10 AYES: NOES: ABS: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith and Strohecker None None Ms. Sapetto stated that the words "if the planning Commission deems it necessary" should be deleted from items number three and four of the proposed resolution. Motion by Comm Shapiro, seconded by Comm Smith, to approve Resolution 83-17 subject to the change suggested by Ms. Sapetto. AYES: Chrmn Peirce; Comms Brown, Izant, Shapiro, Smith and Strohecker NOES: None ABS: None VII. REGULATION OF SATELLITE RECEIVING ANTENNAE The staff report was given by Ms. Sapetto. She stated that staff was asking the Commission to adopt a Resolution of Intention to regu- late the installation of satellite receiving antennas. She added that the city of Torrance had a similar resolution and she would provide copies of it to Commission at the next meeting. She advised Commission that if they felt that antennas should be regulated to some extent then they should adopt the attached Re-solution of intention. Chrmn Peirce stated that at the present time this did not appear to be a problem but with decreasing costs to erect these antennas they may soon be proliferating in the city. He added that they look similar to a solar panel, only not as attractive. He encouraged the Commission to go forward and examine this issue. Comm. Smith agreed and added that if the computer revolution is any in- dicator the installation of these antennas will increaserapidly over the next five years, and he didn't want a neighborhood filled with them to downgrade the neighborhood's appearance, not to mention the in- terference. Comm Brown agreed. Motion by Comm Smith, seconded by Comm Izant to adopt resolution 83-18; there being no objection it was so moved. VII. REDEFINING HOTEL/MOTEL/BOARDING HOUSE/ROOMING HOUSE/LODGING HOUSE Chrmn Peirce stated that the council wants hotels and motels to have cooking facilities and they want parking to be scaled to the size of the project. He was somewhat dismayed by the councils request, since the Commission had put a lot of thought and reasoning into these defin- ions. He also felt that kitchen facilities would make the hotels/motels too similar to apartments, and it may be difficult to keep them from becoming apartments . . Mr. Mercado suggestedthat the city could possibly place as a condition of approval that there be periodic assessments of the records to deter PAG~ 11 mine if there is a turnover of clientele; and if that is the case, their business license could be rescinded. Comm Smith said that kitchens would encourage long-term use. He also felt that the mode of enforcement suggested by Mr. Mercado would not work, based on past experience with that type of enforcement. Chrmn Peirce suggested that since there was a substantial difference of opinion between the Council and Commission, it would be worthwhile to meet with Council in subcommittee. All commissioners agreedv and it was decided that action would be held off until the subcommittees meet. COMMISSIONERS' ITEMS Chrmn Peirce referred to a letter, dealing with a: change in configur- ation to the Appletree project which the Commission received and sug- gested that it be referred to the Building Department. The letter apparently charged that the security gate had been set back on the first building. He then asked that the Building Department look into it, since the letter did not provide sufficient information as to what the violation was. Comm Smith asked that staff respond to the letter's author and advise in writing that the letter was being referred to the Building Depart- ment. Ms. Sapetto agreed. Chrmn Peirce pointed out that since the next meeting of Commission would be his last nominations for new officers should be made tonight and voted upon at the next meeting. The following nominations were received: Chairman: Steve Izant Vice Chairman: Nominations were left open Secretary: Joel Shapiro. Ms. Sapetto informed the Commission that nothing new had transpired with respect to the parking on the westside of Pacific Coast Highway. Meeting was adjourned at 10:25. CERTIFICATION I hereby certify that the foregoing minutes were approved at a reg- ular meeting of the Planning Commission held on the 7th day of June, 1983. JAMES PEIRCE, CHAIRMAN JOEL SHAPIRO, SECRETARY ) DATE MINUTES OF THE REGULAR .MEETING OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON MAY 3, 1983, IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. I. ROLL CALL PRESENT: Chrmn Peirce Comms Brown Loosli, Shapiro, Smith, Strohecker and Izant ABSENT: None ALSO PRESENT: Pam Sapetto, Planning Director; Ralph Castenada, TDC Planning, A. Mercado, Planning Aide I II. MINUTES Motion by Comm Strohecker, seconded by Dhrmn Peirce, to approve the minutes as submitted. AYES: Comms Brown, Loosli, Peirce, Shapiro, Strohecker NOES: None ABS: Comms Izant, Smith III. RESOLUTIONS P.C. 83-10 and .83-ll Motion by Chrmn Peirce, seconded by Comm Smith to approve both res- olutions as prepared. AYES: NOES: ABS: IV. Comms. Brown, Loosli, Peirce, Shapiro, Smith, Strohecker None Comm Izant Housing Element of the General Plan (continued) Comm Izant asked, with respect to the technical appendix, the source of the tables and figures. Mr. Castenada replied that they were from the SCAG figures. He added that SCAG is designated by the Census Bureau as a regional center and they assemble all the information and produce it for the cities in Southern California. It is a standardized report that cities and counties can request and obtain for a fee. So staff ob- tained it two months ago. The source of the figures is the 1980 Census. He added that the Census Bureau does not print the reports but gives the information ·.to SCAG andthey prepare the reports and sell them to the cities. Comm Izant asked, with resepct to table A-6 of the technical apendix, what the figures represent in actuality. Mr. Castenada replied that the figures represented the maximum development potential per the general plan and not what is actually on the ground at this time. Comm Izant sug- gested that an A-7 table be added based on what the zoning build out would be it that is possible to calculate. Mr. Castenada stated that staff can obtain that information from the research done by the Planning and building departments. Ms. Sapetto stated that staff had the build PAGE TWO out figures for those areas that were inconsistent and not an overall build out figure based on zoning. She added that the land use element RFP requires that that information be generated, so it will be a part of the land use element. Some of the residential areas have been done (R-1, 2 & 3). Comm Izant asked Mr. Castenada ·with respect to table A-3, re potential additional units,per zoning requirements, if that represented the addi- tional potential build out of the city, although there were no numbers attached to it? Mr. Castenada stated that this was drawn from the Coastal Plan, and mainly it reflected areas outside of the low density category. Comm Izant asked whether the 25 units figures represented 25 dwelling units are allowed there per acre or if it represented 25 additional units over and above what is there already. Mr. Castenada stated that it was the latter. Comm Izant stated that the map included in the technical appendix is a forerunner of the zoning build-out chart. Mr. Castenada agreed. Comm Izant asked for an e~planation of table A-2. Mr. Castenada re- plied that the figures there represent the various income households which live in owner-occupied housing. Chrmn Peirce opened the public hearing. There being no testimony, the public hearing was continued. Chrmn Peirce stated that there was a workshop session with the City Council scheduled for this coming Thumsday evening at 7:00 o'clock, and suggested that another workshop be scheduled for the early part of June to consider and discuss this document further. (Discussion was then had about the council meeting scheduled for the same date as the nextCommission meeting, May 17, 1983. It was decided that the Commission would change it's next meeting date to Tuesday, May 31, 1983). Mr. Castenada stated that the staff had given a draft of the document to the City Council as Commission instructed at the last meeting. Comm Smith stated that the document is representative of what the commun- ity wants. Chrmn Peirce, not hearing anymore comments from Commission, moved to continue the item to the first meeting in June. Chnmn Peirce asked the Commission to next address comments re the Regional Housing Allocation Model. Mr. Castenada stated that on page 765, the number should read 477. • PAGE THREE Chrmn Peirce asked for the definition of "upper income." Mr. Castenada responded by saying it would be generally defined as 120% of the median income and above (median is approximately $24,000., with $30,000. and above being considered upper income). He added that the Roos bill dele- gated to agencies like SCAG the responsibility to develop "Share region- al housing needs" for all cities and they needed to do it by an income distribution and come up with a reasonable factor. Comm Loosli asked if in the body of the text whether only the 477 number will be reflected or if the breakdown between the very low, moderate and upper incomes be reflected also. Mr. Castenada stated that both have to be reflected in the element. Comm Loosli said that he could see no way that 137 low or very low housing units would be built in Hermosa. Mr. Castenada agreed. Comm Smith stated that based on table A-2 he had calculated the number of 61 households paying 35% plus of their income, with the end result being that those 61 households ; would be paying $142.00 per month, which would make that very very low income housing. Mr. Castena&. stated that the memo gave additional data which defined this in a little more detail. He stated that the two numbers that are comparable are the 765 and 477 numbers, total projected new housing for the community. In each case the numbers reflect basically three factors which SCAG generally considers as a factor causing a need for new housing. One, is additional households moving into the area or from within the area; two, is housing that you lose by way of casualty losses or inten- tiona·l losses (there are certain losses from inventory that need to be replaced). Three, vacancies. In other words, every community needs a healthy vacancy rate to keep prices and rents in balance. Of the 477 figure, 247 is attributable to growth; 110 is attributable to vacancy deficit; and 120 is lost from the stock. The only units that would add population is the 247. So the 247 is what needs to be reflected on the first page of the memo rather than the 477. Comm Loosli stated that if, in using the 247 figure,there is a projected need of 241 upper income dwellings then that would fit the formula stat- ed because new units would all most likely be expensive since that is what is being built now. Comm Brown stated he was in favor of stating that 247 goes to growth and the 110 figure indicates additional units, rather than having a number that has to be defined, as that would leave it open to misin- terpretation. Chrmn Peirce stated that if you put specific numbers in the document, then you are held to those numbers, therefore, it should be somewhat vague. Mr. Castenada stated that the law delegates the responsiblity to SCAG, then SCAG develops these figures; the city is then to reflect them in the housing element as its share of regional housing needs. If a city has an argument with a number, then they have a period of time to raise their doubts and problems with SCAG to see if they can come to some agreement on some revised figures. The city needs to state its case within 90 days. Our 90 period started as of April 8 or 15, 1983. Once SCAG has officially received the request, then they have 60 days to res- pond and come to a conclusion. r ( PAGE FOUR Comm Smith stated with respect to the 247 figure, that he felt there was no way to meet it since there is no way to measure it. He felt it was unrealistic and that the city needs a plan based on what it knowsis going to happen in Hermosa. Mr. Castenada stated that even though the implication is that these units would be by way of new construction, there are arguments that you can use existing housing stock to address these needs, i.e., shared housing, that would meet the criterion by which SCAG would judge this and would be attributable to addressing that need. Also the shared equity program, with respect to the condo conversion projects, addresses the moderate income need. Chrmn Peirce suggested that the 477 figure be used on page 6 and the 247 figure on page 8 and not break it down into percentages. V. C-Potential Along Pacific Coast Highway (continued) Chrmn Peirce stated that the City Council would like to change the c- potential property into commercial. He added that the Planning Commission delayed that and decided they would like to see an examination of the pieces of property which are now C-potential and then decide which should become commercial and which should remain residential. (At this point there was an interruption with respect to Thursday's sub-committee meet- ing as to the topics that will be addressed. It was learned that three topics would be covered including this issue). Ms. Sapetto stated in answer to Chrmn Peirce's question that the consul- tant hired by the city would be dealing with this issue. Chrmn Peirce stated that he felt that the consensus on this particular issue is that the Commission would like to exam the properties that are at issue individually; with the question being how best to approach it. He suggested that the Commission can take the report and modify it by a sub-committee or by the full commission and come up with a recommend- ation for the multi-use corridor before the consultant completes his study,or Commission can wait until the consultant's study is complete. In any event, Commission should get a recommendation to the Council in the next 2 months or so. In answer to Comm Loosli's question, Ms. Sapetto stated that the consul- tant would be addressing and amending the land use plan and updating and dealing with the multi-use corridor. Comm Loosli asked if the con- sultant would be recommending which lots should remain residential and which should not. Ms. Sapetto replied that he would not make that type of recommendation, that the commission would have to do that. Comm Loosli suggested that the Commission just begin methodically studying each individual lot in the area in question and making decisions. Chrmn Peirce suggested having staff make recommendations on the lots at issue with the results being discussed by the commission or sub-committee PAGE FIVE Ms. Sapetto stated that Commission needs to make a recommendation to the Council in an expeditious manner as requested by council. Commission should recommend that the best way to approach this is to examine the C-potential lots individually and decide which can be rezoned to C-3 and which cannot. She added that the Zoning Code gives the Commission only a certain number of days on which to act on a City Council item. She suggested further that the Commission's recommendation be that the City stay with what is in the code at the present time, i.e., that it comes before Planning Commission review on a case-by-case basis. Comm Smith stated that originally Commission wanted to set a plan for development along., the highway to stimulate commerical growth. Chrmn Peirce stated that staff should send a memo to the City Council stating that the best method is to not change the regulations with re- spect to changing C-potential to commercial, but to examine each lot individually and make a judgement. Then Commission can do a zone change on the lots designated C-potential with the thought of strengthening the multi-use corridor. Comm. Loosli added that the Commission has already examined the south- west quadrant, so Commission can eliminate C-potential there without reexamination. Comm. Strohecker asked if there is a problem leaving as . is a lot which is presently zoned residential with C-potential. Ms. Sapetto stated that the Council does not think that C-potential is bad, but they feel that it eliminates Planning Commission review. However, the solution may be to leave it as is. Comm Strohecker stated that he felt the city needs the extra commercial depth along the highway. However, he did not want to be in a position where the Commission is dictating what a person may build on their lot if the original building is torn down. He suggested that there be a requirement that the C-potential property be contiguous to commercial. Ms. Sapetto stated that the original concept was that the C-potential would be to change the zoning regulat ions to include a provision that any property that is contiguous to a C-3 zone would be automatically rezoned to C within the C~potential zone. Chrmn Peirce reiterated that Staff should send a memo to Council stating Commission's recommendation. Comm Smith stated that the approach would be best served by waiting for andutilizing the comprehensive data for the area in question which will be generated as a result of the RPF and the land use element. Chrmn Peirce opened ,·the public hearing. Violet Isgreen, 726 Prospect, Hermosa Beach, asked if the property owners affected would be notified again . Chrmn Peirce replied that all the rules will be followed re noticing. • PAGE SIX There being no further testimony, Chrmn Peirce closed the public hearing. Ms. Sapetto suggested that Commission do the memo as a motion providing no changes to the regulations but to examine each lot individually, and making any zone changes with the thought of deepening the multi-use corridor. And perhaps adding that" ... the best method to address the C-potential zone would be to not change the regulations as they current- ly stand in the zoning code." Motion by Chrmn Peirce, seconded by Comm Smith, to send the motion as stated by Ms. Sapetto to the Council. Comm Strohecker stated that he didn't like the wording. He suggested that a definition of C-potential be added to the Code and included in the above motion. Comm. Brown agreed. Chrmn Peirce suggested that the above-mentioned motion be amended to read as follows: "The best method to address the C-potential zone is to not change the regulations as they are currently described in the zoning code; but to, one, determine a method to clarify in the zoning code what is meant by C-potential; and, two, examine individually whether the C- potential applies or does not apply to the lots in this area." There being no objection, it was SO ORDERED. VI. Consideration of Amending Stan-aa·ra Cohdi tio•ns for Subdivisions Ms. Sapetto gave the Staff Report. She stated that it has been suggest- ed by the Building Department that a number of modifications be made in the standard conditions of approval for residential condo projects. She added that a number of the standard conditions included in the re- solution of approval are already mandated by the condo ordinance. There- fore, including those standard condit~onsagain in the resolution of approval is somewhat redundant and unnecessary. The Planning Department agrees with the Building Departments interpretation. She stated that condition 1, which states, "Project shall meet all standards in Chapter 9.5-1 thro~gh 9.5-28, Articles I & II of the Condo rinium Ordinance." it was suggested that the condition be revised to read "Project shall meet all construction standards in Article II, section 9.5-27 of the Condominium Ordinance." With respect to condition 2, she stated that the Commission might want to include as a special condition that the final CC&R's be filed before final map approval. Technically, it appears that a condo project and tentative map should not be considered until a complete set of CC&R's is filed. She added that the key word is "final.", in that if staff has the final CC&R before it· reviewsthe map, they will have better con- trol over getting the CC&Rs back. Also we will .not have the projects in limbo for · long periods of time pending the final map approval. As to condition 4 she stated that any units that are between 2 and 4 . staff has the capacity in-house to inspect those units and they do so. However, in the majority of the projects in the city the city does not require a civil engineer, so the Building Department is suggesting that , PAGE 7 a registered civil engineer be required and that the applicant bear the burden of procuring the engineer and not the city. She continued by saying that the condition that all utilities be placed underground is already required in a section of the Condo Ordinance and does not have to be included as a standard condition. Lastly, she stated that the one condition that really causes the most confusion is the condition that deals with passive solar systems being described in a report at the time of the filing of the final map. Passive solar systems should be incorporated at the time one designs a project and not afterwards, unless one does so the passive solar uses will be insignificant, i.e. providing a water heater insulator. So, in this case, the condo Ordinance should be changed to include a provision that the passive solar report be given at the time of appli- cation. In summation she stated that there are 10 standard conditions, with the 10th, which was not reflected, being a deed restriction being · placed on the property which limits the project to the planned number of units. Chrmn Peirce stated that he did not see where some of these articles, 9.5-1 through 28, and particularly 9.5-26, would be addressed. He felt there were a number of items that should not be eliminated as was being suggested. Comm Brown asked for what reasons these standards were enacted originally. Ms. Sapetto replied that they were established to provide builders with the city requirements in writing. Comm Brown didn't feel that the recommended changes covered everything that builders have to meet. Comm Loosli recommended that 9.5-1 through 28 be reinstated in the resolution. Chrmn Peirce stated that the would then make the deed restriction number seven in the resolution. MOTION by Comm Izant, seconded by Comm Smith, that Commission accept the staff recommendations numbered 2, 3, 6, and 7 of the resolution, and that the old recommendation number 1, whib.h r .eads "Project shall meet all standards in Chapter 9.5-1 thru 9.5-28, Articles I & II of the Condo- minium Ordinance." be retained. There being no objection, it was SO ORDERED. VII. R-3 Properties to be Used as Parking Lots Chrmn Peirce stated that parking lots are permitted, with certain limi- tation, as a subsidiary use in R-3 zones. Now council is requesting that parking lots be allowed in R-3 as a primary use. Mr. Mercado gave the staff report. He stated that staff feels that the proposed change would have the following impacts: (1) there will be a reduction of land available for residential use; (2) Police surveillance , PAGE EIGHT may be required in greater than normal numbers to prevent vandalism; (3) Property adjacent thereto may experience a decline in property value. He added that it is staffs'opinion that the positive points outweigh the negative and recommend the appro\al of 1165 of the zoning code to allow a parking lot as a primary use in the R-3 zones. Comm Smith asked about the EIR report. Mr. Mercado stated that the Board of Zoning Adjustment had just considered this project and they felt it would have no negative environmental impact. He added that this issue is being considered on a motion by the council after they decided that there is a measureable lack of parking in the city, it is a major pere:riial problem, and this could provide a method to miti- ate the problem. Comm Brown inquired as to what the height limitation would be on a parking structure ·if these recommendation were adopted. Mr. Mercado responded by saying that the particulars had not been worked out yet, but at this time :i..t would have to be consistent with the R-3 require- ments. In answer to Comm Izant's question Mr. Mercado stated that currently section 11.52 indicates that one can have a parking lot in an R-3 zone .but that parking facility can be no further than 50 feet from a commercial or industrialuse!rhe parking has to be to accommodate that commercial use. Lots at this time · are only allow as an accessory use. Chrmn Peirce stated that the gest of council's motion is that a person can buy a lot in R-3; den:io the building, and put a parking lot in and charge for parking. • Comm Loosli stated that if this use were allowed, Hermosa would permit 35 foot high parking structures. Chrmn Peirce opened the pub.lie hearing-. There being no testimony, the hearing was closed. In answer to Corom Smith's question as to the background of this issue Ms ... Sa.petto stated that there was no discussion on the part of the city council with respect to thi.s recommendation and that it was done by way of a motion. Comm Izant stated that he recognized that there is a need for parking on Pacific Coast Highway and, after studying the individual property, he would be willing to grant some parking use. However, he felt that the current mechanism :i..n section 1165 currently gives the Commission flexibility to grant that parking when needed and it also maintains adequate controls to maintain other sections of the city that do not want parking lots in th.eir midst. Comm. Brown agreed with Comm Izant that there is a need for parking in the city. But he felt that this proposal might cause problems and was not well tho~ght out. • -PAGE NINE Chrmn Peirce stated that he did not think it .was a good idea to have a parking structure in the midst of an R-3 zone. Comm Loosli stated that if this proposal passes there will be no public hearings on it. Also, he felt this would have a very negative affect on adjacent property values. Motion by Comm Izant, seconded by Comm Smith, to accept the wording of the resolution 83-14: .. denying the amendment to the zoning code, with the addition of one additional "Whereas" which reads "WHEREAS the Planning Commission has determined that an adequate mechanism in section 1165 exists for permitting the use of R-3 zones for parking." AYES: Comm Brown, Izant, Loosli, Peirce, Shapiro, Smith, Strohecker NOES: None ABS: None VIII. Staff Items Ms. Sapetto stated with respect to the Condo Conversion Ordinance that the council did hold a workshop on this issue on April 20, 1983 and they decided to agree with the Planning Commission recommendation to delete the conditional approval section and the in-lieu fee provision. Also, they wanted to incorporate a mechanism, such as the city of Torrance has, which allows for a variance of certain standards on a project-by- project basis. Chrmn Peirce asked for an explanation of the Torrance Ordinance. Ms. Sapetto stated that since the Commission had not had a chance to pro- perly familiarize themselves with the ordinance, and since she was not prepared to analyse the Ordinance tonight, that this item be discussed at a later time. Comm Loosli stated that he didn't like section 91.36.7 of the Torrance Ordinance as it referred to "goals and guidelines" which are not en- forceable. Comm Izant stated that he was disappointed with this recommendation from council. He felt that the consensus of the Commission was that it was too vague, but that they would be interested in seeing something more concrete. Comm. Smith was also disappointed. Chrmn Peirce requested that staff find out the definition of "base zone". Comm Strohecker wanted to know specifically what the council would like to see done differently in a conversion project than in a new condo project. Ms. Sapetto suggested that this be discussed at the joint workshop. IX. Commissioners' Items Comm Izant stated that a few months back there was a subcommittee deal- PAGE 10 ing with the question of parking along Pacific Coast Highway, which because of his recent travelling has not met. He asked Commission whether they would like that subcommittee to continue. Chrmn Peirce stated that that issue was suspended at present, pending some further action. Comm Izant asked Ms. Sapetto to check on it. Comm Smith requested a status report on the Storer Cable project. Ms. Sapetto stated that at present there is a motion to recon5ider the issue, with three items being looked at specifically: (1) They want to hire someone to give them technical advice that the structure is reliable (at applicant's expense); (2) whether it is technically re- quired; and (3) They want to conduct a public hearing on the 28th. Ms. Sapetto stated that the council took an action to return to the Planning Commission the Appletree project to determine whether or not the conditions of approval are being met. She added that the City Attorney is preparing some information on this issue. Motion to adjourn by Chrmn Peirce, seconded by Comm Izant. SO ORDERED at 10:50 p.m. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the day ------of May, 1983. S PE I RC~ CHAIRMA N PLANNING COMMISSION REGULAR MEETING OF JUNE 21, 1983, HELD IN THE :... PLANNING DEPARTMENT CONFERENCE ROOM, HERMOSA BEACH ROLL CALL PRESENT: Chrmn Peirce; Cornms Izant, Shapiro, Smith, Strohecker ABSENT: Comms Brown, Loosli ALSO PRESENT: Pam Sapetto, Planning Director; Alfred Mercado, Planning Aide. APPROVAL OF MINUTES -JUNE 7, 1983 Motion by Comm Shapiro, seconded by Chrmn Peirce to approve the minutes from the regular meeting of June 7, 1983, as submitted. There being no objection, THE MOTION WAS SO ORDERED. APPROVAL OF RESOLUTIONS P.C. 83-15, P.C. 83-16, P.C. 83-17 Motion by Comm Strohecker, seconded by Comm Shapiro, to approve all three resolutions (P.C. 83-15, P.C. 83-16, P.C. 83-17) as submitted by staff. AYES: Chrmn Peirce; Comms Izant, Shapiro, Smith, and Strohecker NOES: None ABS: None SEVEN UNIT CONDOMINIUM, CUP & TENTATIVE TRACT MAP #37389 The Staff report was given by Alfred Mercado. He stated that in June the Environmental Review Board considered this project and issued it a Negative Declaration has having no significant impact on the environment. He continued by saying that the project consists of a seven unit condominium in two structures on 9,200 square foot lot zoned R-3, and is within the multi-use corridor. One structure is to be three stories. All garages are subterranean. He added that Applicant is not being required to submit a tentative map because a final map on this property was previously recorded with the Los Angeles County Recorder. Along that line, he explained that another developer had previously planned a project and at that point the final map had been recorded. However, that project never material- ized, but the map remains recorded. He stated that the project meets all requirements and staff recom- mends that the Planning Commission approve the seven unit condo- minium, tentative tract map, and CUP. The Public Hearing was opened by Chrmn Peirce. PAGE 2 Gary Schneider, 17 Thunder Trail, Irvine, California -Applicant. He stated that the architect for the project, Martin Sapetto, was .in attendance, along with the civil engineer and they could answer Commissions' questions with respect to the project. In answer to Chrmn Peirce's question, Mr. Martin Sapetto, Archi- tect, stated that the highest point Jf the building would be 35 feet, with the rear structure being somewhat less. He added that the finished qrade would be less than the natural grade, so the 35 feet will be the highest point as measured from the natural grade. In answer to Chrmn Peirce's question, Mr. Sapetto stated that the storage area will be provided on the back wall of the garage. Chrmn Peirce todl the applicant that he may be requested to come back before the Commission in the future if questions arise. He added that the project appears to meet all of the specifications in the Condominium Ordinance. Public Hearing was closed by Chrmn Peirce. In answer to Comm Izant's question as to whether the proposed resolution submitted tonight for approval was based on the current criteria, with particular respect with item number 6, Mr. Mercado explained that Staff had not, as yet, revised the application pack- age. And, as a result of that, Staff did not feel it was appropriate to impose that requirement on this applicant. Chrmn Peirce added that requirement number 6 was in existence before this project's application was submitted. Mr. Mercado re- plied that he was not sure that was the case, but added that there is a "lag" time between approval and implementation, and the appli- cation forms have not been revised yet. Due to this fact, staff felt it would be unjust to impose this requirement on the appli- cant. Mr. Mercado stated that application forms would be revised very soon. In answer to Comm Smith's question, Mr. Mercado stated that the tentative map is approved contingent on the final map. Comm Strohecker stated that the minimum dwelling space appears to be approximately 1,100 plus square feet, and asked how that figure compares with neighboring cities. Since there were no comparative figures available at this time, he requested that staff provide Commission with this information at the next meeting. Mr. Mercado said he would do so. Motion by Comm Izant, seconded by Comm Smith to approve the condo- minium project at 723 3rd Street. PAGE 3 AYES: Chrmn Smith; Comms Izant, Shapiro, Smith, and Strohecker NOES: None ABS: None In response to Comm Smith's inquiry, Mr. Mercado reiterated that because this applicant was not informed of the new requirement -- re item number six on the resolution --staff is now requiring applicant to conform with the new requirement in a timely fashion. Motion by Comm Izant, seconded by Comm Smith, to approve Resolution P.C. 83-19 as written by staff. AYES: Chrmn Smith; Comms Izant, Shapiro, Smith, and Strohecker NOES: None ABS: None STAFF ITEMS & COMMISSIONER'S ITEMS Chrmn Peirce stated that with respect to the letter from the women at the Appletree project which was mentioned at the previous meet- ing, the change to the project was done at the request of the city. He added that the change with respect to gate was a good idea, as people were getting stacked up on Ardmore. He asked what the sta- tus was with respect to the package on the Appletree project that Commission was supposed to receive. Mr. Mercado stated that the City Attorney is still working on that. Comm Shapiro nominated Comm Smith to serve as Vice Chariman, Comm Strohecker seconded the nomination. Comm Smith accepted the nomin- ation. Chrmn Peirce stated that Comm Shapiro would remain secretary, with Comm Izant taking over as Chairman. Motion by Comm Smith, seconded by Comm Izant to unanimously endorse the slate of new officers. Chrmn Peirce asked Mr. Mercado to find out if he would remain on the Commission until such time as the Council appoints his replace- ment. Comm Izant expressed his, as well as the commission's, appreciation to retiring Commissioner/Chairman Peirce for his 8 years of service to the city. He also expressed the same appreciation to retiring Commissioner Loosli. Meeting was adjourned at 7:55 p.m. .,. ) Certification I hereby certify that the foregoing minutes are a true and complete record of the actions taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of June 21, 1983. JAMES PEIRCE, CHAIRMAN JOEL SHAPIRO, SECRETARY DATE ( ,.. I ~UNUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON MAY 3, 1983, IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. I. ROLL CALL PRESENT: Chrmn Peirce Comms Brown Loosli, Shapiro, Smith, Strohecker and Izant ABSENT: None ALSO PRESENT: Pam Sapetto, Planning Director; Ralph Castenada, TDC Planning, A. Mercado, Planning Aide II. MINUTES Motion by Comm Strohecker, seconded by :Ghrmn Peirce, to approve the minutes as submitted. AYES: NOES: ABS: III. Comms Brown, Loosli, Peirce, Shapiro, Strohecker None Cornms Izant, Smith RESOLUTIONS P.C. 83-10 an '.,. 83-11 Motion by Chrmn Peirce, seconded by Comm Smith to approve i.ot res- olutions as prepared. AYES: NOES: ABS: IV. Cornms Brown, Loosli, Peirce, Shapiro, Smith, Strc None Comm Izant Housing Element of the General Plan (continued) Comm Izant asked, with respect to the technical appendix, the source of the tables and figures. Mr. Castenada replied that they were from the SCAG figures. He added that SCAG is designated by the Census Bureau as a regional center and they assemble all the information and produce it for the cities in Southern California. It is a standardized report that cities and counties can request and obtain for a fee. So staff ob- tained it two months ago. The source of the figures is the 1980 Census. He added that the Census Bureau qoes not print the reports but gives the informatiqn to SCAG andthey prepare the reports and sell them to the cities. CotlD Izant asked, with resepct to table A-6 of the technical apendix, what the figures represent in actuality. Mr. Castenada replied that the figures represented the maximum development potential per the general plan and not what is actually on the ground at this time. Comm Izant sug- gested that an A-7 table be added based on what the zoning build out would be it that is possible to calculate. Mr. Castenada stated that staff can obtain that information from the research done by the Planning a nd building departments. Ms. Sapetto stated that staff had the build PAGE TWO out figures for those areas that were inconsistent and not an overall build out figure based on zoning. She added that the land use element RFP requires that that information be generated, so it will be a part of the land use element. Some of the residential areas have been done (R-1, 2 & 3) . Comm Izant asked Mr. Castenada ···with respect to table A-3, re potential additional units,per zoning requirements, if that represented the addi- tional potential build out of the c;ity, although there were no numbers attached to it? Mr. Castenada stated that this was drawn from the Coastal Plan, and mainly it reflected areas outside of the low density category. Comm Izant asked whether the 25 units figures represented 25 dwelling units are allowed there per acre or if it represented 25 additional units over and above what is there already. Mr. Castenada stated that it was the latter. Comm Izant stated that the map included in the technical appendix is a forerunner of the zoning build-out chart. Mr. Castenada agreed. Comm Izant asked for an e):planation of table A-2. Mr. Castenada re- plied that the figures the-r-e represent the various income households which live in owner-occupied housing. Chrrnn Peirce op=nEd the public hearing. There being no testimony, the public hearing was con.c:i.nued. Chrrnn Peirce sta r-i=-,'J -t h a t there was a workshop session with the City Council scheduled i of.' thi s corning Thul'.:sday evening at 7:00 o'clock, and suggested that anu ther workshop be scheduled for the early part of June to consider a.r:d discuss this document further. (Discussion was then had about the council meeting scheduled for the same date as the nextcommission meeting, May 17, 1983. It was decided that the Commission would change it's next meeting date to Tuesday, May 31, 19 83). Mr. Castenada stated that the staff had given a draft of the document to the City Council as Commission instructed at the last meeting. Comm Smith stated that the document is representative of what the commun- ity. wants. Chrrnn Peirce, not hearing anymore comments from Commission, moved to continue the item to the first meeting in June. Ch.1'.lmn Peirce asked the Commission to next address co:inments re tLe Regional Housing Allocation Model. Mr. Castenada stated that on page 765, the number should read 477. 'PAGE THREE Chrmn Peirce asked for the definition of "upper income." Mr. Castenada responded by saying it would be generally defined as 120% of the median income and above (median is approximately $24,000., with $30,000. and above being considered upper income). He added that the Roos bill dele- gated to agencies like SCAG the responsibility to develop "Share region- al housing needs" for all cities and they needed to do it by an income distribution and come up with a reasonable factor. Comm Loosli asked if in the body of the text whether only the 477 number will be reflected or if the breakdown between the very low, moderate and upper incomes be reflected also. Mr. Castenada stated that both have to be reflected in the element. Comm Loosli said that he could see no way that 137 low or very low housing units would be built in Hermosa. Mr. Castenada agreed. Comm Smith stated that based on table A-2 he had calculated the number of 61 households paying 35% plus of their income, with the end result being that those 61 households would be paying $142.00 per month, which would make that very very low income housing. Mr. Castenaca stated that the memo gave additional data which defined this in a :ittle more detail. He stated that the two numbers that are comparable are the 765 and 477 numbers, total projected new housing for the communi ':.y. In e ,::ch case the numbers reflect basically three factors which SCAG generally considers as a factor causing a need for new housing. One, is additional nouE",eholds moving into the area or from within the ar,~a; t\70, is housing that you lose by way of casualty losses or inten- tiona·i l os ses (there are ce:_·tain losses from inventory that need to be rE'p :!.aced). Three, vacanc i es. In other words, every community needs a h ~althy ~a c ancy rate to keep prices and rents in balance. Of the 477 fi g ure. 247 is attributable to growth; 110 is.attributable to vacancy defi c i L; c:md 12 0 is lost from the stock. The only uni ts that would add popul a.t ion is the 247. So the 247 is what needs to be reflected on the first page of the memo rather than the 477. Comm Loosli stated that if, in using the 247 figure,there is a projected need of 241 upper income dwellings then that would fit the formula stat- ed because new units would all most likely be expensive since that is what is being built now. Comm Brown stated he was in favor of stating that 247 goes to growth and the 110 figure indicates additional units, rather than having a number that has to be defined, as that would leave it open to misin- terpretation. Chrmn Peirce stated that if you put specific numbers in the document, then you are held to those numbers, therefore, it should be somewhat va9ue. Mr. Castenada stated that the law deleg.ates the responsibli ty to SCAG, then SCAG develops these figures; the city is then to reflect them in the housing element as its share of regional housing needs. If a city has an argument with a number, then they have a period of time to raise their doubts and problems with SCAG to see if they ·can come to some agreement on some revised figures. The city needs to state its case within 90 days. Our 90 period started as of April 8 or 15, 1983. Once SCAG has officially received the request, then they have 60 days to res- pond and come to a conclusion. PAGE FOUR comm Smith stated with respect to the 247 figure, that he felt there was no way to meet it since there is no way to measure it. He felt it was unrealistic and that the city needs a plan based on what it knowsis going to happen in Hermosa. Mr. Castenada stated that even though the implication is that these units would be by way of new construction, there are arguments that you can use existing housing stock to address these needs, i.e., shared housing, that would meet the criterion by which SCAG would judge this and would be attributable to addressing that need. Also the shared equity program, with respept to the condo conversion projects, addresses the moderate income need. Chrmn Peirce suggested that the 477 figure be used on page 6 and the 247 figure on page 8 and not break it down into percentages. V. C-Potential Along Pacific Coast Hi•ghway (continued) Chrrnn Peirde stated that the City Council woulci like to change the C- potential property into commercial. He added that the Planning Commission delayed that and decided they would like to see an examination of the pieces of property which are now C-potential and t~en decide which should become commercial and which should remain resid·,'.,ntial. (At this point there was an interruption with respect to Thursday's sub-committee mee~- ing as to the topics that will be addressed. It was learned that three topics would be covered including this issue). Ms. Sapetto stated in answer to Chrmn Peirce's question that the consul- tant hired by the city would be dealing with this issue. Chrmn Peirce stated that he felt that the consensus on this particular· issue is that the Commission would like to exam the properties that are at issue individually; with the question being how best to approach it. He suggested that the Commission can take the report and modify it by a sub-committee or by the full commission and come up with a recommend- ation for the multi-use corridor before the consultant completes his study,or Commission can wait until the consultant's study is complete. In any event, Commission should get a recommendation to the Council in the next 2 months or so. In answer to Comm Loosli's question, Ms. Sapetto stated that the consul- tant would be addressing and amending the land use plan and updating and dealing with the multi-use corridor. Comm Loosli asked if the con- sultant would be recommending which lots should remain residential and which should not. Ms. Sapetto replied that he would not make that type of recommendation, that the commission would have to do that. Comm Loosli suggested that the Commission just begin methodically studying each individual lot in the area in q u estion and making decisions. Chrrnn Peirce suggested having staff make recommendations on the lots at issue with the results being discussed by the commission or sub-committee PAGE FIVE Ms. sapetto stated that Commission needs to make a recommendation to the Council in an expeditious manner as requested by council. Commission should recommend that the best way to approach this is to examine the C-potential lots individually and decide which can be rezoned to C-3 and which cannot. She added that the Zoning Code gives the Commission only a certain number of days on which to act on a City Council item. She suggested further that the Commission's recommendation be that the City stay with what is in the code at the present time, i.e., that it comes before Planning Commission review on a case-by-case basis. Comm Smith stated tha J: originally Commission wanted to set a plan for development along, the highway to stimulate commerica~ growth. Chrmn .Peirce stated that staff should send a memo to the City Council stating that the best method is to not change the regulations with re- spect to changing C-potential to commercial, but to examine each lot individually ~nd make a judgement. Then Commission can do a zone change on the lots designated C-potential with the thought of strengthening the multi-use corridor. Comm. Loosli added that the Commission has already examinEd the sou-1:t- west quadrant, so Commission can eliminate C-potential there without reexamination. Comm. Strohecker asked if there is a problem leaving a is a lot whic.h is presently zoned residential with C-potential. Ms,_ Sapc-L·L-;-1 stated that the Council does not think that C-potential is l:dd 1 b·,.1t t:bey feel that it eliminates Planning Commission review. Howev2r,. t J1e .s c,lution ?nay be to leave it as is. Comm Strohecker stated that he felt the city needs t .he extra commercial depth along the highway. However,-he did not want to be in a position where the Commission is dictating what a person may build on their lot if the original building is torn down. He suggested that there be a requirement that the C-potential property be contiguous to commercial. Ms. Sapetto stated that the original concept was that the C-potential would be to change the zoning regulations to include a provision that any property that is contiguous to a C-3 zone would be automatically rezoned to C within the C-potential zone. Chrmn Peirce reiterated that Staff should send a memo to Council stating Commission's recommendation. Comm Smith stated that the approach would be best served by waiting for andutilizing the comprehensive data for the area in question which will be generated as a result of the RPF and the land use element. Chrmn Peirce opened the public hearing. Violet Isgreen, 726 Prospect, Hermosa Beach, asked if the property owners affected would be notified again. Chrmn Peirce replied that all the rules will be followed re noticing. PAGE SIX There being no further testimony, Chrmn Peirce closed the public hearing. Ms. Sapetto suggested that Commission do the memo as a motion providing no changes to the regulations but to examine each lot individually, and making any zone changes with the thought of deepening the multi-use corridor. And perhaps adding that 11 ••• the best method to address the C-potential zone would be to not change the regulations as they current- ly stand in the zoning·code." Motion by Chrrnn Peirce, seconded by Comm Smith, to send the motion as stated by Ms. Sapetto to the Council. Comm Stroh~cker stated that he didn't like the wording. He suggested ·that a definition of C-potential be added to the Code and included in the above motion. Comm. Brown agreed. Chrmn Peirce suggested that the above-mentioned motion be amended to read as follows: "The best method to address the C-potential zone is to not change the regulations as they are currently described in the zoning code; but to, one, determine a ~ethod ·to clarify in the zoning code what is meant by C-potential; and, two, examine individually whether the C- potential applies or does not apply to the lots in this area." There being no objection, it was SQ ORDERED. ·- VI. Consideration of Am,~ndihg 'St.andard Conditions for Subdivisions Ms. Sapetto gave the Staff'Report. She stated that it has been suggest- ed by the Building Departr.cent t ,hat a number of 1nodifications be made in the standard conditions of app.n-:ivaJ for residential condo projects. She added that a number of tb.e .sta-r1dard conditions included in the re- solution of approval are alrea~y mandated by the condo ordinance. There- fore, including those standard conditions again in the resolution of approval is somewhat redundant and unnecessary. The Planning Department agrees with the Building Departments interpretation. She stated that condition 1, which states, "Project shall meet all standards in Chapter 9.5-1 through 9.5-28, Articles I & II of the Condo rinium Ordinance." it was suggested that the condition be revised to read "Project shall meet all construction standards in Article II, section 9.5-27 of the Condominium Ordinance." With respect to condition 2, she stated that the Commission might want to include as a special condition that the final CC&R's be filed before final map approval. Technically, it appears that a condo project and tentative,, map should not be considered until a complete set of CC&R' s is filed. She added that the key word is "final.", in that if staff has the final CC&R before it reviews the map, they will have better con- trol over getting the CC&Rs back. Also we will not have the projects in limbo for long periods of time pending the final map approval. As to condition 4 she stated that any units that are between 2 and 4 staff has the capacity in-house to inspect those uni ts and they do so. ---. However, in the majority of the projects in the city the city does not require a civil engineer, so the Building Department is suggesting that PAGE 10 ing with the question of parking along Pacific Coast Highway, which because of his recent travelling has not met. He asked Commission whether they would like that subcommittee to continue. Chrmn Peirce stated that that issue was suspended at present, pending some further action. Comm Izant asked Ms. Sapetto to check on it. Comm Smith requested a status report on the Storer Cable project. Ms. Sapetto stated that at'present there is a motion to reconsider the issue, with three items being looked at specifically: (1) They want to hire someone to give them technical advice that the structure is reliable (at applicant's expense); (2) whether it is technically re- quired; and (3) They want to conduct a public hearing on the 28th. Ms. Sapetto stated that the council took an action to return to the Planning Commission the Appl·etree project to determine whether or not the conditions of approval are being met. She added that the City Attorney is preparing some information on this issue. Motion to adjourn by Chrmn Peirce, seconded by Comm Izant. SO ORDERED at 10:50 p.m. · CERTIE ' ICA'I'ION I hereby certify that. the foregoing minutes were approved at a regular meeting of . t h e .·lanning Commission held on the day ------of May, 1983. CHAI RMAN DATE MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON APRIL 5, 1983 IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. ROLL CALL PRESENT: Comms. Brown, Loosli, Peirce, Shapiro, Smith, Strohecker ABSENT: Comm. Izant ALSO PRESENT: Ms. Sapetto, Planning Director, Linda Braden, TDC Planning APPROVAL OF MARCH 15, 1983 MINUTES Chmn. Peirce pointed out that the spelling of Wilma Burt's name was incorrect. Motion by Comm. Smith, seconded by Chmn. Peirce to approve the minutes of March 15, 1983 as submitted, noting the above correction. AYES: Comms. Brown, Peirce, Smith NOES: None ABSENT: Comm. Izant, ABSTAIN: Comms. Loosli, Shapiro, Strohecker GENERAL PLAN AMENDMENT, ZONE CHANGE AND CONDITIONAL USE PERMIT FOR A 100 FOOT TOWER AT 1529 VALLEY DRIVE: STORER CABLE FACILITY -CONT'D. Chmn. Peirce divided this item into two issues, the first dealing with the zone change from Manufacturing to C-2; the second dealing with the Conditional Use Permit for the 100 foot tower. Ms. Sapetto gave the staff report. She stated that staff recommends that the resolution be adopted and determine whether or not the 100 foot tower is a compatible use with the city zoning code. The zoning ordinance designates the site as manufacturing and the general plan designates it as open space, two incompatible land uses. The lot in questjon has been used for commercial purposes for several years. The proposed general plan and zone change will not pose any changes to the physical environment and will afford greater compatibility with the adjacent development in staff's opinion. A CUP for the tower may be allowed in a C-2 zone, under Section 800 and 1000. She continued by saying that Commission should consider if the tower would diminish the land value of the surrounding properties thereby unjustly affecting substantial vested rights of the property owners. Staff recommends that the proposed general plan amendment and zone change be approved and the tower CUP be considered and examined under the above code sections. She added that the 100 foot tower did receive a negative declaration by the Environmental Review Board, which stated that there would be no adverse impact to the environment. Commission's decision should be guided by the compatibility with the environment and by its con- tribution to the community as a public utility. Comm. Smith asked Storer to address their efforts to provide public access facilities. PUBLIC HEARING OPENED ON THE ZONE CHANGE ISSUE. ·PLANNING COMMISSION MINUTES -APRIL 5, 1983 PAGE 2 Chmn. Peirce stated that the general plan now shows open space for this particular property, and the recommendation is that it be changed to commercial; and the zoning is now manufacturing and that should be changed to C-2. Rom Miller, Construction Manager for Storer Cable, Phoenix, Arizona, representing the applicant stated that the requirement that the conflict between the zoning and general plan be resolved was required by the City as a condition of approval of the tower, and Storer has no objection to the recommendations of staff or with the consultant's report re. the zone change. It is Starer's desire to having the zoning compatible with their facility. Carol Resnichek, 2234 Strand, speaking as President of the Hermosa Beach School Board. She stated that the change to the zoning to a commercial zone would have no effect on the school's property and there would be no objection to that portion of Starer's request. PUBLIC HEARING CLOSED. Chmn. Peirce stated that he saw this as an opportunity to make the commercial use a correct one and compatible with the zoning and general plan. Motion by Chmn. Peirce, seconded by Comm. Smith to modify the general plan to commercial and the zoning to C-2. AYES: Comms. Brown, Loosli, Peirce, Shapiro, Smith, Strohecker NOES: None ABSENT: Comm. Izant Motion by Chmn. Peirce, seconded by Comm. Smith, to adopt Resolution 83-8 modifying the first whereas to include tonight's public hearing date. AYES: Comms. Brown, Loosli, Peirce, Shapiro, Smith, Strohecker NOES: None ABSENT: Comm. Izant CUP PORTION OF THE ABOVE ITEM Comm. Loosli asked staff what the basis for denial would be as set forth in code Section 800. Mrs. Sapetto stated that what the Commission should look at is whether or not any other uses stated in Section 800 would require a structure that would go beyond the height limit such as the tower in Storer's proposal. She stated that there was also Section 1201 that must be interpreted. Basically the section talks about mechanical devices that one might need to operate a building, such as, air conditioning, television antennas and certain structures that are included in the section, i.e. elevator shafts, fire parapet walls, flagpoles, chimneys, smoke stacks, etc., that may be erected above the heighb limit. How- ever, no penthouses or roof structures shall be allowed for providing additional floor space. ' PLANNING COMMISSION MINUTES -APRIL 5, 1983 PAGE 3 She added that the findings the commission should consider with respect to 1 Section 800 in discussing this issue are those that deal with noise, dust, glare or esthetics. For example~ the Commission may find that this tower is more obnoxious than warehouses, storage, service stations, radio and television repair stores, etc. She added that there is nothing in the code that talks about antennas in the section which covers CUPs, however Section 1000 does discuss "apparatus or appertances incidental to public utilities". She stated in summary that if the Commission is concerned with the above referred code section 800, the findings the Commission should make would deal with glare, noise, traffic etc. If Commission is concerned with Section 1201, then the findings should deal with whether the structure falls within the definition of television aerials or similar equipment required to operate and maintain a building. Com- mission can address the issue of height as well as the issue of use. In answer to Comm. Brown's question, Ms. Sapetto stated that one can have a business without a tower and a CUP is not required for the business, only for the tower. PUBLIC HEARING OPENED ON THE CUP PORTION OF THE ABOVE ITEM Ron Miller, Applicant's representative, Phoenix, Arizona. He stated that during the previous hearings several issues were raised and have been previously addressed in the material submitted on the 8th of March. The main issues were with respect to certain structural safety, security, technical modifications and signal testing at Live Oak Park. The planned facility at Valley Drive is to provide the best service avail- able to the Hermosa Beach area. He added that this is a city-wide issue and the system evaluation and design of the facility has been made by engineers that are experienced in the field of cable communi- cation. The tower is not required by the City Franchise, and it is not required to maintain a minimum satisfactory signal. The existing sys- tem currently exceeds the minimum FCC requirements. The tower is an integral part of the entire cable system. Mr. Miller continued by saying that the Live Oak Site is not capable of supporting a higher tower and did not warrant further investigation as it is not feasible to improve the system that would have the same weaknesses as the current system. There is no cable operator in the country that would design a system that separates satellite antennas receiving equipment from the off-air receiving equipment. It is not efficient, and it doesn't make sense. The alternate proposal sites like the fire station would produce a split-head end arrangement and keep the weaknesses that currently exist. Reviewing the submittal of March 8th, the diagrams show the existing split-head end system would require putting the off-air reception equipment at one site and the satellite equipment would be at the Valley Drive site and the system would remain the same. With respect to the issues of security, maintenance, accessibility, elimination of amplifiers, he stated that these are dealt wjth in the proposal. He added that as it is now a malfunction of a receiver at Live Oa:k r.equtres that ·a bechriician be sent tfl rom Valley Drive to make the repair which would not be the case if the entire PAGE 4 facility were in one location. The primary issue is the one of visual impact vs. benefit to the entire community. He stated that currently 50 percent of the population of Hermosa is served by Storer with a projection of 70 percent penetration in the future. The bene- fits of the tower will outweigh the negative visual impact of the tower. He felt that the staff reports reinforced that point, and added that the subcribers will be benefited directly and the city indirectly. In response to Comm Smith's question, Mr. Miller stated that the pro- posed facility at Valley Drive remodel would provide a production studio and control room for public access. Ricky Luke, Western Regional Manager for Storer Cable, Phoenix, Arizona. He stated that basically there is a little concern as to how relocating the tower to the new position would benefit the over- all operation of the system. Basically it would help the operation from three standpoints; one, maintenance of the location; two, access- ibility; three, it would reduce operational costs and less down time. Also, by increasing the height it would improve the picture quality. He added that presently the receive location has 16 processors and 7 trunk line amps coming back to the existing office; with the new location the amps would be deleted by the 16 processors would remain. In answer to Chrmn Peirce's questions,Mr. Luke stated that Storer presently uses one full rack of equipment. Also that as far as main- tenance and accessibility the new tower location would save outage time and in that way ultimately benefit the customers and the city. He felt that any minute saved is an important part of the service. He stated that each channel fails approximately once a year. Chrmn Peirce stated that benefit of cutting down outages for the en- tire city have to be weighed against the individual service calls. Mr. Luke stated that if the technicians don't have to dedicate time to outage problems, they can use that time to work on the individual subscriber problems. In answer to Chrmn Peirce's question, Mr. Luke stated that all channels that fall within a certain radius of Starer's location are considered "must-carry'' stations by the FCC, at this time there are 16 of these stations. In answer to Comm Smith's question Mr. Luke stated that the 100 foot tower would increase Storer's capacity to carry more channelS. However at this time he was not certain if the company would choose to add stations. In answer to Chrmn Peirce's and Comm Brown's questions Mr. Luke stated that Storer is trying to give the city the best possible service they can from a technical standpoint. He added that at this time there is some concern with ghosting on some of the channelsand interference on channel 2. He said that the new tower would reduce those problems to a negligible amount. He stated further that the tower and foundation will cost $22,000, but he did not konw how or if that expenditure would fit into a rate increase or not. In answer to Comm Smith's inquiry he stated that the Franchise Agreement states that decreases can take effect also,not just increases, but any reduction in costs would prob- PAGE 5 ably offset a normal increase and not translate into a decrease for the subscribers. In answer to Comm Loosli's question Mr. Luke stated that Storer wants the entire operation in one place, from a technical and operational standpoint. Comm Shapiro stated that the tower will benefit the city in perhaps providing better communication for the Fire and Police Departments. Mr. Luke agreed if the departments locate some equipment there. In answer to Comm Smith's inquiry, Comm Strohecker gave some back- ground re the above-mentioned issue of Police and Fire communication. He stated that the Fire Department presently is not happy with their communications in the South Bay system. The Police Department is happy with it because it caters more to the Police Department than the Fire Department. However, the Police are not sure they will continue with the South Bay System. He added that the Fire Depart- ment will be getting out of the South Bay System and will go to a tower above the station. Ms. Sapetto suggest that the Commission attach this request as a condition for approval of the CUP Comm Brown stated that if the dollars Storer invests now is passed on the the subscribers in the form of an increase and the reception improvement is negligible, then the city will have a lot of unhappy citizens. Comm Shapiro stated that the City Council makes the determinations as to whether to grant increases and is not something that is just automatically passed on. Carl Ossipoff, representing applicant, 1529 Valley Drive, stated that the tower is to be purchased with capital dollars and depreciated over 20 years approximately. If there is an increase it would be minimal. He added that Storer is granted increases by the Council based on the current CPI. Carol Resnichek, 2234 Strand, Hermosa Beach. She stated that the applicant's major problem was the location of a 100 foot tower next to a school as it is esthetically unappealing and a temptation for the school children. As a citizen she was unhappy because it will violate the city height restrictions. She added that most complaints about Storer have to do with service and not signal. She was also concerned whether Storer will have sufficient parking for their em- ployees as many of them now use school property for parking. Al- though the school does not need the space at the present time and has not said anything to Storer about it, Storer cannot depend on using school property for parking purposes. Comm Smith stated that Storer had agreed earlier to enclose the tower with fences so that it will not pose a temptation to the children. Mr. Miller agreed. Roy Schubert, 553 21st Street, Hermosa Beach, stated that he was PAGE 6 against this issue on two grounds. First, it is a very large device 65 feet above the city hall, it will become a landmark. To approve a structure which exceeds the city height limitations there should be a good reason .. The benefits of the project are Storer's it does not help the city. Secondly, seven years ago there was a proposal for a 50 foot tower which was turned down by the Commission as im- compatible with the area. Chrm Peirce stated that the subscriber will have to get an additiona~ piece of equipment for their sets to receive any new channels. Mr. Miller stated that the subscriber would need a converter, which they could get with no extra monthly charge and with a refundable deposit of $65.00. Mr. Miller added two comments with respect to the school board's testimony. He stated that a portion of the existing Storer building will be demolished to provide space for the tower and 25 parking spaces on site. He added that the tower will be surrounded by 12 or 13 foot walls for security. With respect to the parking he sated that there will be 17 spaces along the south property line, six more spaces just south of the tower and earth station, and two spaces against the south side of the building. PUBLIC HEARING CLOSED. In answer to Comm Shapiro's question, Comm Loosli stated that it was a private party involved in the 50 foot radio shortwave station tower that Mr. Schubert had referred to earlier and not a business. Comm Strohecker stated that he didn't see a problem with the construc- tion of the tower on the site, but was opposed to the aircraft warning light at its peak as esthetically unappealing. Comm. Brown stated that it is not feasible for Storer to change their location, although it may be ideal it is not feasible. Furtner, that he understood Starer's benefits, but felt there were not many bene- fits accruing to the subscribers. Chrmn Peirce added that the bene- fits to Storer are substantial, but the benefits to the city are quite small. Comm Loosli stated that he felt the tower is detrimental and intrusive on the city in its violation of the height limitation, and is incom- patible with the goals of the city. He added that it violates the general plan and felt there is no public need for the tower. Comm Shapiro asked if the resolution just passed by the commission re the zone change might increase the value of the property. Comm Strohecker made a motion to approve the resolution as set forth in the sample provided by staff, approving the 100 foot tower for receiving television signals at the storer facility. He suggested that there be no warning light affixed to the tower and Commission attach a request to the resolution to that effect, seconded by Comm Shapiro. Motion to approve the 100 foot tower on the property at Storer Cable on Valley Drive. PAGE 7 Chrm Peirce stated that from a citizen's and commissioner's stand- point, it didn't seem that this is a benefit to the citizens but gives a business advantage to the operator. He added that the tower may ob- struct some of the views from the nearby apartments. Also it would be difficult to remove it once it was constructed. Comm Loosli felt it would be a precident-setting decision to allow the tower and felt the Commission would not be able to turn down other requests for future violations of the height limit. Ms. Sapetto stated that Commission looks to the merits on each project and it shouldnthave any negative precidential effect. Comm Brown asked what would happen to the tower if Storer lost its franchise or failed to exercise their option to renew. Ms. Sapetto stated that the new owner of the property would have the option to keep the tower or tear it down. If they decided to keep it they would have to use it for the same purpose as Storer did. The CUP runs with the land. In answer to Comm Smith's question Chrm Peirce suggested that the Commission take action on the motion set forth above by Comm Strohecker and then take action on the conditions of the CUP. Comm Strohecker made an addendum to his motion to the effect that-- the city retains the right to improve the Police and Fire Departments communication efforts, and that numbers 2,3,4,5, and 6 of the sample resolution remain, with an additional item stating that the tower will be removed with the termination of use by Storer Cable. AYES: Shapiro, Smith, Strohecker NOES: Loosli, Peirce, Brown ABSENT: Comm. Izant There being a tie vote, the issue will go to the council for approval or denial. TENTATIVE PARCEL MAP #15562 AND CONDITIONAL USE PERMIT FOR A 2-UNIT CONDOMINIUM LOCATED AT 732 MANHATTAN AVENUE The staff report was given by Ms. Sapetto. She stated that the pro- ject consists of demolishing a duplex and constructing a two-unit condominium on a 3,650 square foot lot zoned R-3 with a high density land use residential designation. The project meets all of the condo- minium ordinance requirements. The s t orage are a adja c ent to th garage and trash area should be provided. I£ this project meets with Commi s- sion approval, as a condition of appro val the use of this area , 312 square feet, should be restricted to storag e . Sh e added that in addi - tion to the 10 conditions suggested in the staff repo rt , an eleventh condition be added that a deed restriction limiting the project to 2 units be imposed. PUBLIC HEARING OPENED. PAGE 8 Jess Negrete, 24259 Los Codona Avenue, Torrance, representing appli- cant. He stated that this project meets or exceeds all the criteria imposed by the city. He added that this lot is an unusual size in that it is a lot and a half, with the side yards being bigger than the others in the neighborhood. He stated that they agree basically with all of the 10 conditions imposed by staff in their report, and he asked for one clarification re condition number 8. Ms. Sapetto stated that condi-tion No. 8 should read "design approval by the Planning Commission has been granted." Re condition number 9 she stated that generally it is brought back to the Planning Director and not the Commission as it .states. Re condition number 10 she stated that to secure the area as storage .Staff wants a note on the plans to that effect. Thus giving the City an arm to enforce the area being used as storage. PUBLIC HEARING OPENED Lou Negge, 718 Manhattan Avenue, stated that he had no objections to the project, but he wanted to make sure that the demolishing and con- struction of the project was to be done during the day hours. Ms. Sapetto told Mr. Negge that there is a city ordinance restricting construction etc. to certain hours of the day. She was not sure if the starting time was 7:00 or 8:00 a.m. and she suggested that he call the Building Department to get the correct hours. Comm Smith also suggested that if the time ordinance is violated that he report it to the city. PUBLIC HEARING CLOSED Chrmn Peirce commended the designer for providing the Commission with a well founded project that is within the height limitations and zon- ing requirements. Motion by Chrmn Peirce, seconded by Comm Brown, to approve the two- , unit condominium at 732 Manhattan Avenue, subject to the conditions in the staff analysis with the modifications of number 9 and the addition of condition 11. AYES: Comms Brown, Loosli, Peirce, Shapiro, Smith, Strohecker NOES: None ABS Motion by Chrmn Peirce, seconded by Comm Brown, to adopt resolution no. 83-9. AYES: Comms Brown, Loosli, Peirce, Shapiro, Smith Strohecker NOES: None ABS PARKING AND TRAFFIC PROVISIONS OF THE LOCAL COASTAL PLAN The report was given by Linda Braden, TDC Planning. She stated that staff has been working for some time on the completion of the phase III program for the LCP, and tonight they were presenting three issues. PLANNING COMMISSION MINUTES -APRIL 5, 1983 PAGE 9 She wanted the Commission to review the issue re parking to determine if they are still relevant considerations in the LCP or whether they should be addressed elsewhere. The three issues are: one, adopt an ordinance requiring donation of land for parking as part of the· condominium conversion standards; two, establish an ordinance,whether by a fee in-lieu,of providing additional on-site parking for curb cuts. three, to futher mitigate the parking situation, establishment of an ordinance permitting parking on both sides of two-way streets. She continued by saying that options that were considered would be in- lieu fee for the purchase of acquiring land for parking lots,adding that there might be some restrictions on this because of the high cost of land. The only economically viable means of doing this would be acquisition of public land, and another alternative would be to have a condo project donate land off site for parking. In answer to Chrmn Peirce's question Ms. Braden stated that the condo conversion ordinance states that it is a requirement that two on-site parking spaces be provided for residents. Ms. Sapetto added that the conditional approval section of the ordinance is still in effect, and the workshop.with the Council on April 20th would try to resolve this issue. Ms. Braden continued by asking that if the policy is determined t~at they don't want any more condo conversions, would these two items still be addressed in the LCP. She added that this is an area where they would like some direction from the Commmission. Chrmn Peirce added background information on the issue by stating that the Commission made recommendations that they didn't want any loopholes in the condo conversion standards, and if projects didn't meet the standards they would be denied; the commission was unanimous on this. Thereafter it went to the City Council, they thought about it. Ms. Sapetto stated that the council was concerned if commission deleted the conditional approval section it would therefore be eliminating the potential for conversions, except for those units that were building to the conversion ordinance. Also they didn't feel comfortable with the exception that if the particular project had merit to the city it could be approved, it was not objective enough. Council was looking for reasonable standards that could be established. Chrmn Peirce then stated that it came back from the council and commis- sion sent it back unchanged. In light of the past actions, the council is now having the workshop on the 20th to reach some understanding on this issue. Chrmn Peirce stated that Commission has never talked about the donation of land eleswhere from the condo project for parking purposes. Comm Smith felt that it was in the best interests of the city that condo conversions meet the existing condo standards because that is what provides decent housing. Ms. Braden continued by saying that to further mitigate the parking situation establishment of an ordinance permitting parking on both sides of a two way street. She added that the one-way circulation system was PLANNING COMMISSION MINUTES -APRIL 5, 1983 PAGE 10 tried and rescinded. In answer to Chrmn Peirce's question, Ms. Braden stated that the making of two-way streets into one-way streets and providing parking on both sides of the street had upset the residents and business- men in the community, as it would be destructive to their businesses because of the difficult accessibility. Chrmn Peirce referred to page Sa of the report to the section entitled "Future Policies" and asked for comments and imput from Commission on each of the six policy statements, which resulted in the following. Number one, consideration of land donations or equivalent for parking as part of a condominium conversions, had not been discussed in the the past. Number two, consideration of establishing a fee in lieu of providing additional parking on-site for curb cuts; commission had unanimously decided against this. Number three, investigation of the possibility of lease or purchase of parking lots dispersed throughout the City to minimize impact on parking demands to city and residents; should be investigated, but probably difficult to implement because of the high costs. Number four, ~xamination of the current status of public lands leased and the rents received; sounded like potentially good policy. Number five, consideration of converting city streets with two-way traffic with parking on one side into one-way streets with parking on two sides; should be deleted as parking is a secondary consideration to circulation. Number six, consideration of the reorientation of the city's current transporatation service providing service for visitors and reside nts according to needs, has merit. Ms. Sapetto stated in ,.answer to Comm Brown's questions that the maps for the free bus routes were available in the library. STAFF REPORTS & COMMISSIONER ITEMS Ms. Sapetto stated that the City Council agreed to the hiring of a consultant to update and revise the land use element, and they are in the process of writing it; and it will be on the Council agenda. She added that Council is requesting Commission to discuss the whole plan and examine the utility of as a whole. In answer to Comm Brown's inquiry, Ms. Sapetto stated that TDC Planning had developed an initial study for the city, but Storer had paid for it. So there is no conflict of interest on TDC's part. In answer to Chrmn Peirce's question re parking on the highway, Ms. Sapettostated that Council has tentatively agreed to implement re- moval of the parking and said they will be looking at alternative parking there, and looking at ways to utilize to a better extent the existing parking lots in order to make it more viable to the business community to remove the parking along the highway. With respect to . ... PLANNING COMMISSION MINUTES -APRIL 5, 1983 PAGE 11 the trolley, the City has appealed to ICC their decision and the appeal was denied. The City now has six months to acquire the property. Staff found out today that the L.A. Transportation Commission has put the South Bay corridor rail in their first tier cut off for examination; in other words, the City will be considered for appropriations by the commission to use this as a transit system, but not a heavy rail. She added that there is a possibility the City will get L.A. Country Transportation monies to develop the corridor for transit use, but not in time for acquisition purposes. El Segundo, Hermosa, and Redondo are committed to the Joint Powers Agreement, but doen't know if Manhattan Beach will become a part of it. Tbe cities hope that by forming this they can generate some funds to purchase the railway. Motion to adjourn by Comm. Shapiro, seconded by Comm. Smith. CERTIFICATION I hereby certify ,·that the foregoing mini.ti.:tes were approved at a regular meeting of the Planning Commission held on the 19th day of April, 1983. J ~S PEIRCE, CHAIRMAN ~s~~ 0 SHA~O, SECRETARY DATE MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON APRIL 19, 1983 IN CITY HALL COUNCIL CHAMBERS AT 7:30 P.M. ROLL CALL PRESENT: Comms. Brown, Loosli, Peirce, Shapiro, Strohecker ABSENT: Comms. Izant, Smith ALSO PRESENT: Alfred Mercado, Planning Aide APPROVAL OF MINUTES -MEETING OF APRIL 5, 1983 The Commission noted the following corrections: Page 1, approval of minutes: Commissioner Strohecker should be listed as abstaining from voting. Page 5, correct Roy Shubert's address to read "553" rather than "5531". CHAIRMAN PEIRCE moved, seconded by COMMISSIONER SHAPIRO THAT THE MINUTES OF APRIL 5, 1983, BE APPROVED, AS CORRECTED. Ayes: Noes: Absent: Comm. Brown, Loosli, Peirce, Shapiro, Strohecker None Comm. Izant, Smith RESOLUTIONS P.C. 83-8 & P.C. 83-9 P.C. 83-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION AT 1529 VALLEY DRIVE FROM OPEN SPACE TO COMMERCIAL, AND A ZONE CHANGE FROM MANUFACTURING TO GENERAL COMMERCIAL P.C. 83-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A 2-UNIT CONDOMINIUM, CONDITIONAL USE PERMIT AND PARCEL MAP NO. 15562 LOCATED AT 732 MANHATTAN AVENUE CHAIRMAN PEIRCE moved, seconded by COMMISSIONER BROWN TO APPROVE RESOLUTIONS P.C. 83-8 & P.C. 83-9, AS PRESENTED Ayes: Noes: Absent: Comm. Brown, Loosli, Peirce, Shapiro~ Strohecker None Comm. Izant, Smith -1- REVISED HOUSING ELEMENT CHAIRMAN PEIRCE said that the Commission has been working on the draft Housing Element for a number of months and the document before the Commission this evening is a compilation of all of the Commis~ sion's comments incorporated into the framework of the Housing Element plan which was set up about one year ago. Inasmuch as the document is 27 pages long and contains quite a bit of material, CHAIRMAN PEIRCE recommended that the Commission receive the report from staff and then continue the public hearing to the next meeting to give the Commission time to review the report. There being no objection, it was so ORDERED. Ralph Casteneda reviewed the draft Housing Element with the Commission. He agreed that final approval should be continued to the next meeting, since staff has just received the latest SCAG figures on projected growth in the community (regional share figures). He said he plans to prepare a separate memo on this t0pic alone since it is a v~ry critical issue with regards to the Housing Element as well as the Land Use Element. Mr. Casteneda highlighted the changes made since the last meeting which incorporates the commission's input from the last two to three meetings. Page 6, regaring "numbers" in the document, an attempt has been made to make clear that this is an estimate of 400-500 units rather than trying to imply that this is the actual figure. Staff feels this will address the Commission's concerns in terms of being too specific by qualifying it in terms of an estimate rather than a specific number. With regard to new housing construction, SCAG has revised their figures downward from 765 to 477, which is a substantial decline, for Hermosa Beach. This may reflect the work that the Commission started about a year ago directing staff to work with SCAG to reconcile some figures. Page 10, Housing Constraints, population density has been shown as compared to Los Angeles County. CHAIRMAN PEIRCE suggested that this figure might be deceiving since much of L.A. County is vacant land. He suggested comparing it to another city, rather than the county. Mr. Casteneda said he could compare it with the City of Los Angeles rather than the County, and the Commission agreed that this was a good idea. CHAIRMAN PEIRCE asked if there was documentation in the city files which reflect the interpretation of the Planning Commission (such as minutes) 0£ the density categories being 13.1-25 as medium density and 25.1-40 as high density. -2- .., Mr. Casteneda said that the Commission had discussed this at previous meetings and it should be in the minutes of the meetings. COMMISSIONER LOOSLI said there are several condominium approvals which would reflect this interpretation, and that he believed it was in the Local Coastal Plan. Page 13, Objectives, Mr. Castenada said it was desirable to stay away firlom using specific figures in the objective because the City does not have a track record on some of these programs and some of them had not started at all; therefore, it was really not possible for the Commission to establish a specific target to achieve over the next five years. The actual language of this section has been changed to delete specific numbers and it is explained that this was done intentionally. On page 16, specific figures have not been used, again because of the lack of a track record. He said there were no major changes in the Housing Program Section; it has been reorganized and made more brief. Under Implementation of SB 626, page 25, dealing with provision of low and moderate income housing in the coastal zone, rather than the previous extended discussion, we have indicated that during the next years the method of implementation will come out, but that this housing element does not necessarily establish that direction. A quote has been taken from that Bill that the housing element does not need to do that. The only level of commitment is to implementation of the law, as is interpreted at a certain point in time. The other programs have remained the same as in the previous document. With regard to using interest free loans in connection with bringing bootleg units up to standard, staff is still reviewing this and will have to contact the County and HUD, and hopes to have this information at the next meeting. CHAIRMAN PEIRCE asked if there would be an appendix to the Element which would include data to substantiate the statements made in the Element. Mr. Casteneda said that he could have this ready for review at the next meeting. PUBLIC HEARING OPENED AT 7:55 P.M. No one wished to speak. PUBLIC HEARING CONTINUED TO THE MEETING OF MAY 3, 1983, at 7:55 P.M. CHAIRMAN PEIRCE suggested that the staff forward a copy of the proposed document to the City Council in their next information packet. THERE BEING NO OBJECTION, SO ORDERED. SIX MONTH TIME EXTENSION ON TRACT .MAP NO. 42255 AND CONDITIONAL .USE PERMIT FOR FIVE UNIT CONDOMINIUM AT 1442-48 MANHATTAN AVENUE This is a request for a six-month time extension on the validity of the tentative tract map and conditional use permit; both due to expire on April 27, 1983. A final map for this project is in the process of being recorded, but will not be completed before the arrival of time constraints. Staff recommends approval of the time extension, as requested. -3- CHAIRMAN PEIRCE moved, seconded by COMMISSIONER LOOSLI TO ADOPT RESOLUTION NO. P.C. 83-10 Ayes: Noes: A RESOLUTION OF THE PLANNING COMMISSION OF HERMOSA BEACK APPROVING A TIME EXTENSION FOR TENTATIVE TRACT MAP 42255 AND CONDITIONAL USE PERMIT LOCATED AT 1442-48 MANHATTAN AVENUE Comm. Brown, Loosli, Peirce, Shapiro, Strohecker None Absent: Comm. Izant, Smith TWELVE MONTH TIME EXTENSION ON TENTATIVE PARCEL MAP NO. 14366 AND CONDITIONAL USE PERMIT FOR A TWO UNIT CONDOMINIUM AT 651 FOURTH STREET This is a request for a twelve month time extension on the validity of the tentative map and conditional use permit; both due to expire on April 14, 1983. A final map for this project is in the process of being recorded but will take several months. Staff recommends approval of the time extension, as requested. CHAIRMAN PEIRCE moved, seconded by COMMISSIONER SHAPIRO TO ADOPT RESOLUTION NO. P.C. 83-11 Ayes: Noes: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH APPROVING A TIME EXTENSION FOR TENTATIVE PARCEL MAP NO. 14366 AND CONDITIONAL USE PERMIT LOCATED AT 651 FOURTH STREET Comm. Brown, Loosli, Peirce, Shapiro, Strohecker None Absent: Comrn. Izant, Smith AMENDMENTS TO THE C-POTENTIAL ZONE Al Mercardo gave the staff report. He stated that on March 22, 1983, the City Council adopted a resolution of intention requesting that the Commission identify ways that are more facilitory than presently under Section 1103 of the City Code, in transforming C-potential land to comrnercially zoned land. The rationale here is that the viability of the multi-use corridor requires strenghtening, that commercial development is best suited for Pacific Coast Highway, and that the existing mechanism by which C-potential property is transformed into commercial zoned property is not the most functional. Mr. Mercardo outlined five scenarios in the memorandum, four of which would amend the zoning code (Section 1103) by modifying the process by which C-potential property is transformed to C-zoned property. -4- Staff recommends that the Planning Commission reach agreement on proposal No. 1 as having the most viable attributes, and that a PEIR be prepared for proposal No. 1, to be forwarded to the Board of Zoning Adjustments for review. COMMISSIONER LOOSLI said that passing any one of these possible alternatives would mean that the C-potential property would become commercial whether or not they wanted to. He said that the highway studies should be completed prior to implementation of any of these alternatives, including No. 1., to determine if any of the currently C-potential zoned properties should not really be commercial and take them out of the C-potential zone, otherwise they will become commercial. Staff was requested to determine where the Commission is with their study on the Highway determining which areas should be C-potential and those that should not be. Public hearing opened at 8:05 p.m. Pat Rile, 725 -24th Place, asked if this would affest her area. She also urged the Commission to review the different projects on an individual basis. Wilma Burt, 1152 -7th Street, asked the difference between C-potential and Commercial. She asked if this would change the taxes. She said the City should be careful of the depth of the commercial zone on the east side of Pacific Coast Highway. She also said that this plan should prohibit allowing residentially zoned properties to be surrounded completely be commercial. Public hearing continued to the next meeting at 8:20 p.m. CHAIRMAN _PEIRCE requested that staff report on the past actions taken by the Planning Commission with regard to prior studies. So ordered. ACTIVITIES FOR FY 1982-83 AND PRIORITIES FOR FY 1983-84 The Commission reviewed the list of current priorities and proposed priorities for the corning fiscal year. Chairman Peirce suggested adding to the list of suggested priorities for this corning year, under #7 1 Transportation: Circulation Element/Parking. After further discussion and review~ the Commission agreed THAT THIS LIST OF PRIORITIES BE APPROVED 1 AS AMENDED. CHAIRMAN PEIRCE SO ORDERED. -5- LAND USE ELEMENT REVISIONS--UPDATE OF CITY COUNCIL ACTIONS The Commission reviewed the update of Council actions with regard to a Request for Proposal (RFP) to hire an outside consultant for the purpose of rationalizing the discrepancies between the General Plan and Zoning. MISCELLANEOUS The Commission was reminded of the joint meeting with the City Council to be held May 5, 1983. ADJOURNMENT CHAIRMAN PEIRCE moved, seconded by COMMISSION SHAPI"RO THAT THE MEETING BE ADJOURNED, THE TIME BEING 8:30 P.M. THERE BEING NO OBJECTION, IT WAS SO ORDERED BY CHAIRMAN PEIRCE. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the 3rd day of May, 1983. ~ES PEIRCE, CHAIRMAN JOEL SHAPIR:0 7 SECRETARY DATE -6- MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON MARCH 15, 1983, IN THE CITY HALL COUNCIL CHAMBERS AT 7:30. Meeting called to order at 7:30 P.M. By Chairman Peirce ROLL CALL PRESENT: Comms. Brown, Peirce, -Shapiro, Smith ABSENT: Comms. Izant, Loosli, Strohecker ALSO PRESENT: Pamela Sapetto, Planning Director; Alfred Mercado, Planning Aide; Mr. Castenada, TDC Planning APPROVAL OF MINUTES Comm Smith pointed out that on page 2 the word "proviso" was mis- spelled. Motion by Chrmn Peirce, seconded by Comm Shapiro, to approve the minutes noting the above correction. AYES: Comms. Brown, Peirce, Shapiro, Smith NOES: None GENERAL PLAN AMENDMENT AND ZONE CHANGE REQUEST: STORER CABLE Mr. Mercado gave the staff report. He stated that the site for this proposal is one where the land use element of the general plan and the zoning ordinance are inconsistent in what they allow as permit- ted uses. The zoning ordinance designates this site as manufacturing while the general plan designates this site as open space. He stated further that the subject property is presently occupied by a commercial development and has been utilized for commericial pur- poses for several years. The implementation of the proposed actions would not introduce any change to the physical environment. He added that under the present zoning, industrial uses are permitted. Uses of this intensity may adversely affect adjacent residential and pub- lic uses. The proposed C-2 zoning and general plan commercial would provide greater compatibility with adjacent development. Furthermore, state law requires that the city zoning ordinances be consistent with local general plans. He stated that with respect to the conditional use permit for the 'l00' tower, it is not clear if the tower is an allowable use in a C2 zone. However, there is a provision in the Zoning Code that grants to the Planning Commission the authority to approve uses, which in the commission's opinion are not obnoxious, hazardous or detrimental to the welfare of the district, etc. He added that it should be considered whether the exi~_:1:!ence of such a tower will diminish land value of the surrounding properties, and thereby unjustly affect substantial vested rights of such property owners. PAGE 2 PLANNING COMMISSION MINUTES -March 15, 1983 He stated that it was staff's recommendation that the proposed general plan amendment and zone change be approved and that the request for a conditional use permit for the 100 foot tower be considered through the authority granted under Sec. 800-C. He added that the 100' tower, when considered by the environmental review board, was issued a negative declaration. Which in essence means that no measurable adverse environmental impact will be felt. Therefore, the Commission's decision on the tower should be guided by its compatability with its environment and its contribution to the community. In answer to Comm Smith's question Ms. Sapetto stated that in the general plan staff found that as far as open space was concerned, it -appeared that most of the open space areas were adjacent to schools. In answer to a question from the audience, Chrmn Peirce stated that the applicant's proposal -.was to change the general plan from open space to commercial, and the zoning from manufacturing to general commercial, C-2 Public hearing was opened by Chrmn Peirce. He added that the hear- ing would take testimony on ·the zone change and general plan, then if that passes, he will reopen the hearing and take testimony on the Conditional Use Permit. The commission agreed that the two issues should be dealt with separately. Ron Miller, Phoenix Arizona, representing the applicant Storer Cable stated that at the request of the planning staff the applicant hired an independant planning consultant to do a study of the property as to what the issues were relative to rezoning the property from a manufacturing to a commercial zone, and changing the general plan to a commercial plan. He added that the applicant had contracted with TDC; with the planning staff setting the requirements of the study and the applicant providingthe economic resources. From the report TDC indicated that there would be no major negative impact from re- zoning the parcel, as its existing use will not change. In answer to. ·Chrmn Peirce's question, Mr. Miller stated that the con- struction of the tower was the reason why applicant was requesting the zone change Wilma Bird, 1152 7th Street, Hermosa Beach, stated that the reason for the open ·space zoning was that the School Board had talked about condemning that property and taking it to enlarge the Valley Vista School. The Schooi District intended to use that area. However, now since the District is not going to use it, it doesn't make any difference what it is called, except in what you permit next to the mobile park. For example, manufacturing is noisy, with commericial being less so. Public hearing was closed by Chrmn Peirce. r PAGE 3 PLANNING COMMISSION MINUTES -March 15, 1983 Chrmn Peirce stated that the report from TDC was not specifically labled as being from the applicant, and said that in the future it would be a good idea to designate that with a cover letter or some other form of identification. Comm Smith asked if the School District had been notified of this hearing. Chrmn Peirce added that it would help the Commission if in the future staff would provided them with more information re noticing. Ms. Sapetto -responded by saying that the reason why -the list of persons notified for hearings is not included in the packet is that it is usually 10 to 15 pages long. Comm. Smith stated that it is not necessary that the Commission be given the entire list, but that the particular noticing procedure followed should be contained in the body of the staff report, so the commission would know and could say with confidence to the public that the proper noticing procedqre has been followed. He felt that this would save everyone a lot of time. Ms. Sapetto agreed. Ms. Sapetto stated in response to Comm Smith's question,as to whether the School District had been notified of this hearing, that they had not been noticed. She explained that the reason was that according to case law, the courts have established and _defined proper noticing as that noticing that is prepared from the tax rolls. The School District is not on the tax rolls, nor is any public agency. Chrmn Peirce stated that if the School District were not right next to the property in question, noticing to them would not be as ger- mane, but since it is right next to it, he felt the District has a positive interest in this case. He recommended that the District be noticed and that the hearing be continued to the next meeting. He apologized to the applicant for the d~lay. Mr. Miller suggested that since there is an appeal time, that the commission come to ·a decision tonight, and then the District could appeal the decision if they were opposed. Ms. Sapetto stated that that would cause a problem, since if the applicant is accused of de- fective noticing it invalidates the whole process; if the Planning Commission review is not conducted in a legal format, it invalidates the proceedings. Ms. Sapetto added, in response to Comm Shapiro's question, that technically this was legal notification because of the use of the tax rolls. However, if there is a question as to whether legal notification took place, and since the District is the nextdoor neighbor, it could jeopardize the procedure. She added that through the Environmental Review process, the District got a copy of the EIR, but that would be indirect notification. In answer to Comm Brown's question, Ms. Sapetto stated that all pro- perty owners within a 300' radius of the proposed project need to receive mailed notification. PAGE 4 PLANNING COMMISSION MINUTES -March 15, 1983 Mr. Miller _stated that Storer Cable is not trying to get around notification and wants to work with the community on this. Comm Smitl:,l stated that in regards to the staff report, he had sug- gested during the last discussion on this item that staff include in its report an analysis with respect to whether or not Storer is meeting the public access provisions of their contract with the city and whether or not, in staff's opinion, they are providing a satis- factory level of service to the citizens. He also wanted to know if Storer would be able to pass on an increase to its consumers tiea to this particular capital improvement. He stated that he would like to be relatively sure Storer is in compliance with the existing agree- ment when voting on this issue or any other issue related to them. REVISED HOUSING ELEMENT OF THE GENERAL PLAN Mr. Casteneda gave the staff report. He stated that the material presented ton:Lqht included another sect:Lon of the housing element toqether w:Lth backqround information on bootlegs that had been re- quested by the Commission tWO '"t .meet:Lngs ago. He stated that first the housing program is intended to provide an opportunity to describe the specifications that the city intends to undertake in order to address the community housing needs. The section dealing with this topic is required by State Law. However, the items which are included in that topic are left up to the dis- cretion of the city. Overall what is included in this section is to demonstrate that the city is making the maximum practical efforts in view of resources, etc., to the housing need. Briefly, staff has divided the material into 3 sections; housing improvement, housing production, and the affordability issue. Many of the specific items are on-going, in the sense that they are already part of the city's mode of operation and were included to demonstrate that the city is doing something to address the particular issue. He continued by saying that the first of these sub-sections is on land use controls, page 4, re housing improvement incentives. This is a summary of what ways, other than pouring money into housing, that is available to encourage improvement. One suggestion is that since people don't know exactly what some of the processes are or the exact procedures, that perhaps a booklet explaining the impact of zoning, etc., could broaden the scope of information to the con- sumer. Another suggestion is the use of the administrative variance in certain situations, i.e., dealing with setback requirements, et. The administrative variance cuts down time and effort, in the sense that notification is done by the city. And only adjacent property owners, and not those within the 300' radius, are notified. Finally, we want to link these to the potential for a residential rehab pro- gram through the use of block grant funds. He added that another item which has been discussed before is deal- ing with where the city stands in terms of the quality of housing; how much is deteriorating, what are the conditions dealing with boot- PAGE 5 PLANNING COMMISSION MINUTES -March 15, 1983 legs, etc. ONe of the future actions included for consideration is to take the time over the next period of years or soorer to get basic information on the quality of existing stock. Another po- tential action dealing with residential rehabilatation is that the city may sometime in the future, through the use of block grant funds, make resources available for handyman programs or low interest loans to facilitate housing. With respect to the bootlegs, staff has included a copy of the memo that was transmitted to Commission and Council by the Building De- partment, which provides background information on the issue. Staff also included a section from an early draft that went to the Commis- sion and Council about a year ago dealing with the topic. Finally, for the purposes of illustration, the fact that this is an issue which many coastal communities are dealing with, we included material from the City of Laguna Beach. Because no new policy directions were established at the joint work session of the Commission and the Council in July, essentially staff has reiterated what the city is currently doing and provided some additional direction in the sense of streamlining. He continued by saying that staff indicated that perhaps to devote sufficient time to this particular topic, the Commission may want to deal with this at a public hearing and perhaps bring in the Building Department and City Attorney to explore ways of accomplishing the issues in the city. He stated that the second maj.or category deals with the amount of new housing developments. Staff indicated some of the ways and means in which the city currently addresses this. Briefly, staff indicated the close relationship between the land use element and the housing element in terms of amount of new housing concerned. The housing element should not depart from what is in the land use element, it should reinforce it. He added that with regard to a potential action in terms of environ- mental assessment, that policy which was included in an earlier sec- tion dealing with a preference for environmental review of signifi- can~ programs at the neighborhood level, should receive priority. There should be a preference to get involved in residential develop- ment when they have significant impact on a neighborhood scale. He stated that with respect to growth forecasts, staff is attempt- ing to develop a program action which would address the amount of new housing that could be built, starting from the neighborhood level on. He added that new stats and numbers will be out around April 8 and that means that at that point it would be transmitted to the city for review. There is a 90 day review period once they are approved for distribution, then the city will have three months in which to react. As soon as those numbers become available staff and Commision should discuss it and see what its relationship is to the city. The next item deals with senior housing site availablity, and it takes credit for past actions the city has taken in devoting re- sources to this area. PAGE 6 PLANNING COMMISSION MINUTES -March 15, 1983 Chrmn Peirce pointed out that there was some information missing re the second bullet on page 7, which would have explained that bullet item. Mr. Castenada stated that that information spoke to the various residential categories in the zoning ordinance together with mobile home park zoning which was added last year. It indicates that there is a broad range of housing allowed in the community, from sing:E- family to existing mobile homes. Chrmn Peirce stated that the land use element has a number of 10,225 units and suggested that there should be a similar number reflected in the zoning ordinance. Mr. Castenada stated that the information should have been con- tained in the zoning ordinance, as well as additional tests outlin- ing the difference between the numbers of units that would be allow- ed under one system versus the other. Staff is assuming that the Commission has a preference, or will in the future, on which number they want to use. Mr. Castenada continued by saying that the next category deals with housing affordability and assistance, and staff attempted to re- flect the latest decisions and interpretations of the Commission Council, and staff. Staff indicated by way of illustration, it may be possible to look at the minimum floor space requirement, and, under select circumstances lower that requirement re senior housing, etc. The gist of it would be to periodically look at the develop- ment standards and perhaps modify and revise and upgrade them. He stated re existing affordability, under mobile home park zones, what staff reflected is that the city did undertake, after a number of meetings with Council and Commission, a revision for both the land use element and the zoning ordinance, to install a mobile home park zone. He added that the next item deals with a coastal issue, which in- dicates what is feasible in providing housing for low and moderate income households in new developments. What has :.been suggesi;zed 4's the adoption of feasibility guicelines to test whether or not it would be practical to develop low and moderate income housing. Staff has attempted to reflect where the city stands on this issue at this time, but the details have not been considered by the Council or Commission as yet. Chrmn Peirce stated that he understood that the city can offer but does not have to offer incentives in providing affordable housing within new housing developments. Comm Smith added that the law states that cities have to offer something but leave the levels of what is offered up to the city. Having a variance procedure in it- self satisfies the minimum of the law. Mr. Castenada added that the material staff has reviewed seems to verify the statement that is in the draft, and some of it is up to interpretation by staff and attorneys. The housing element recog- PAGE 7 PLANNING COMMISSION MINUTES -March 15, 1983 nizes that there are specific actions, steps that could be taken which have yet to be developed by either the Commission or the council. He suggested that this topic should be included but should be revised because staff doesn't want to leave the im- pression that the city is committed to density bonuses in the coastal zone, if that is not the case. Chrmn Peirce agreed. Comm Smith aSked what happened with the shared housing program allocation of $S,OOO which ended in 1982. He wanted to know if there were any measured results re benefits to senior citizens and if there is that information should be included in the ele- ment. Mr. Castenada and Chrmn Peirce agreed. Mr. Castenada continued by saying that the next item deals with senior citizens' housing program and the several issues related to it. Staff has tried to summarize where the program stands and indicate that it is continually under stUQY but has not been imple- mented. Chrmn Peirce stated that on page 13 under this topic, the second sentance referring to "in-lieu fees" that Commission had recommend- ed that that be deleted and he believed Council had concurred on that. Mr. Castenada stated that the next item deals with the shared equity program and it deals more with the moderate income issue as a result of the Agreement, i.e. for certain portions of those projects to be sold to moderate income households and perhaps through the shared equity program. Ms. Sapetto stated that the Appletree proje~t has gone thit"0ugh and possibly the La Playa project has filed afinal. She added that the finals go to the City council and not to the Commission. Mr. Castenada explained that the affordable housing fund is like some of the other actions, in that the Council by resolution has estab- lished a fund. There is an account in the City Treasury with approx- imately $50,000, with more to be allocated to that fund by way of the Commodore Project. The resolution indicates uses for the fund, basic- ally in the area of housing. The Council requested and has obtained from staff a report indicating other potential uses of this fund in an attempt to get insight on uses other than housing. Ms. Sapetto added that the last programs that have been approved deal mostly with community center improvement, acquistion of open space, etc. She continuted by saying the uses for the fund were set up by resolution so the resolution can be changed. However, any changes should be within the relm of housing because the way the funds were acquired were for the purposes of housing. Funds could be used for peripheral types of housing ·issues was the last determination by the Council. Mr. Castenada stated that the last item speaks to block grant funds with potential allocation for reducing the costs for new moderate income housing. PAGE 8 PLANNING COMMISSION MINUTES -March 15, 1983 Mr. Castenada stated in conclusion that staff would like to con- tinue the housing element until the meeting of the 19th and try to pull together all of the various comments that have been made on all the other sections, together with this section, and produce a fairly complete package from beginning to end to be discussed at that time. Then, depending on Commission's desires, either continue to work on the element or have a work session with the CitY Council and citizens. Chrmn Peirce opened the public hearing. Wilma Bird, 1152 17th street, Hermosa Beach, suggested that a real study be done, block by block, as to where there is affordable hous- ing in Hermosa. She added that Redondo Beach has a rule that no single-family dwelling can be removed unless it is replaced by the same. She felt that Hermosa has more than its share of affordable housing in the illegal units, and the city shouldn't plan more until they know exactly what the city has now. She didn't think that block grant funds should be used in this way. In response Chrmn Peirce stated that oneof the items in the plan is to initiate~ survey the quality and affordability of housing in the city. Public Hearing was closed, there being no more public testimony. COMMISSIONER'S ITEMS Ms. Sapetto stated that the Mayor suggested that the Planning Commission sub-committee meet with the Council sub-committee on the Seaview Inn property on Wednesday or Thursday of next week. Chrrnn Peirce and Comm Brown stated that Thursday evening would be good for them. Ms. Sapetto suggested that the meeting be at 6:30, since the Biltmore site committee is meeting on that night also. She add- ed that she can verify that time with Comm Izant. Assuming that he can make it at 6:30 on March 24th, there will be a meeting between the Commission sub-committe and Council sub-committee re the proposed zone change on the Seaview Inn property and any other items that might be on the agenda. Comm Smith stated that there is still the issue of the supposed lack of specific standards re condo conversions which should be discussed. Ms. Sapetto responded that Staff had suggested that a workshop be held on the 8th or 20th of April to discuss that issue. comm Smith stated that on the housing element there are two issues he would like considered with respect to the particular portion dis- cussed this evening; one being the use of housing affordability fund to provide interest free loans to owners of bootlegs to help them bring it up to code. Two, that the city explore with the South Bay Board of Realtors some ethical cornrnittment not to sell buildings that include bootlegs, and perhaps even encourage the owners to report them to the city. He added that the people who are in con- trol of property are real estate people and they know more about PAGE 9 PLANNING COMMISSION MINUTES -March 15, 1983 property in the city than does the city. Since they are ethical people, this might be a good recourse for the city in terms of ex- ploring the housing stock. Chrmn Peirce agreed with this suggestion. Ms. Sapetto stated that the traffic sub-committee did not meet to- night because the Council is now deliberating about removal of the highway parking again. since there has been some discussion with Manhattan Beach re their support of the LACTC study. The· LACTC study is a study for the use of the railroad right of way as a transportation system linking the two cities to El Segundo. She continued by saying that Manhattan Beach has in the past opposed that link. However, Manhattan Beach conceded they would support the consideration of that railroad for a corridor for a transpor- tation use, if the city of Hermosa Beach will consider removing the lanes on PCH on the south end of town. This topic will be discussed at the Chamber retreat on Friday. So the sub~committee delayed further action until after the meeting. Chrmn Peirce asked to be supplied with the materials to be used at the retreat which deal with various community planning issues, as well as a report as to what took place. Ms.Sapetto replied that she had planned to do that and to present the information in the packet at the next meeting. Motion by Comm Smith to adjourn. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regulat meeting of the Planning Commission held on the day of _________ , 1983. ------ DATE ....--., MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON MARCH 1, 1983, IN THE CITY HALL COUNCIL CHAMBERS AT 7:30. Meeting called to order at 7:30 P.M. by Chairman Peirce. ROLL CALL PRESENT: Comms. Brown, Izant, Peirce, Smith, Strohecker ABSENT: Caroms. Loosli, Shapiro ALSO PRESENT: Pamela Sapetto, Planning Director. (Comm. Shapiro arrived at 8:00) APPROVAL OF MINUTES Chrmn Peirce asked that the salient parts of the minutes be high- lighted in the future to facilitate the reading of the minutes. Motion by Comm Izant, seconded by Chrmn Peirce, to approve the minutes as submitted. AYES: Caroms Brown, Izant, Peirce, Smith, Strohecker NOES: None ABS: APPROVAL OF RESOLUTION 83-7 Comm Izant stated that the resolution appeared to correctly reflect the amendments made to the resolution at the last meeting. He point- ed out that the vote from the February 1, 1983, meeting should be added. Motion by Comm Izant, seconded by Comm Strohecker, to approve the resolution with the addition of the results of the vote on 2/1/83. AYES: Conuns Brown, Izant, Peirce, Smith, Strohecker NOES: None ABS: GENERAL PLAN AMENDMENT & ZONE CHANGE REQUEST: STORER CABLE Ms. Sapetto gave the Staff Report, and recommended that the Public Hearing be opened and then continued to the next meeting due to the fact that the mailed notification required to be given by the appli- cant to the surrounding land owners was not done. In answer to Chrmn Peirce's question she stated that the application was for a legal non-conforming use of the land, involving three issues: A General Plan Land Use Amendment; a zoning change; as well as a discretionary approval to allow the 100' height. Chrmn Peirce stated that there is a similar type tower owned by CalTrans and located at the southwest portion of the Harbor and Santa Monica freeways, just north of the Coliseum. He suggested that Commission and interested parties perhaps take a look at that PAGE 2 Planning Commission Minutes March 1, 1983 tower so they will have a better idea of what Storer is proposing be built in Hermosa Beach. Comm Strohecker asked if the City is requiring a red light be placed at the peak of the tower, as previously discussed. Ms. Sapetto said that that was a suggestion from staff and was not, at this time, a requirement. She felt that it was an area that could be discussed by the Commission, with Commission deciding· whether or not to require the light. Ms. Sapetto added that this hearing had been noticed in the news- paper by the City. Public hearing was opened with the previso that it will be continued to the next meeting since it had not been noticed properly. There being no testimony, the public hearing was continued to the next meeting, March 15, 1983. R~VISED HOUSING ELEMENT OF THE GENERAL PLAN Ms. Sapetto stated that because of the bad weather, Mr. Casteneda, who was to present the Staff Report, was unable to attend the meet- ing. She asked Commission to continue the item to the next meeting at Mr. Casteneda's suggestion. Chrmn Peirce stated for the members of the audience that the Commis- sion has been reviewing the Housing Element of the General Plan and trying to rewrite it. Public Hearing was opened and contined to the next meeting, March 15, 1983. Chrmn Peirce asked whether it was the concensus of the Commission that the city should attempt to grandfather these units in or other- wise legitimatize them, as that was the idea he had from reading Comm Brown's comments in the minutes from the last meeting. Comm Brown said that that was his opinion, and not the prevailing attitude of the Commission. Chrmn Peirce stated that he would be opposed to grandfathering or legimatizing any bootlegs, if it was in the wrong zone, i.e. if there was a second unit on an R-1 lot. However, if the unit in question was substandard and met the Safety Corle,, that would be a different matter. Adele MacIntyre & Client, West Coast Land Company, Hermosa Beach, stated that her Client owns a piece of property on 7th Street in Hermosa Beach that is a legal non-conforming unit in that it was built in 1923 before the zoning or General Plan was changed. She stated that the lot was 40' x 120', and that the city had told her that her client would only be allowed to build a duplex on that lot. However, two houses down on 7th Street, on the same size lot, they were saying that that lot could support a fourplex. And she wanted to know if that is true. PAGE 3 Planning Commission Minutes March 1, 1983 In checking the zoning, Chrmn Peirce stated that it appears that all the land in the area in question is zoned R-2. Ms. Sapetto stated that the way to get accurate information would be to call the Building Department and ask to speak to Mr. Lee Alton, Building Director . Ms. Macintyre's client stated there is now a duplex on the lot and he would like to build two condominiums there. Chrmn Peirce stated that it was his interpretation that he could build two units or one house, but not two condos, since the location of his property is considered to be a low-density area according to the General Plan. Ms. Sapetto added that with respect to that area the zoning is not consistent with the General Plan. Mark Cava-nagh , Hermosa Beach, asked what the difference would be in terms of density, between a duplex and two condominiums, in that both structures would probably be occupied by the same number of people. Chrmn Peirce answered by saying that state law regulates condominium construction through the city's General Plan, and that the General plan would be the authority and not the zoning, and the City was just following the law as presented by the State. Ms Sapetto added that the City would like to see a single-family dwelling there and not a multiple dwelling. She added that the area in que 9 tion is a small pocket of R-2 in a predominantly R-1 area. Ms. Sapetto stated the the City Council has authorized a work pro- gram to amend the Land Use Element to see where they migh t want 'to change the e l e ment. Those hearings will be noticed an d should be conducted s ome time in April. She suggested that the members of the audience who testified tonight should also attend the se hearings in April. COMMISSIONER ITEMS Chrmn Peirce asked for a clarification on the City Council minutes with respect to page 2 regarding the Hotel/Motel, etc. definitions. Ms. Sapetto s tated tha t b a s i c ally the Council had some difficulty understanding why we were making t hese definitions and to what p u rpos e it wo u l d serve. Principal ly, an objection was made that by cre ating de fin i tions for hote ls and motels we would preclude mo t el s fr o m be i n g developed downt o wn. Their rationale being that the way the code is now, with no definitions, hotels are allowed i n C-2 and C-3, and mo t els i n C-3 only. By not having definitions yo u can subvert the code re gu lation, i.e., you can call a hotel a motel and get around t he code . She added that basically Council has asked staff to comeback with a further explanation of why the y were suggesting definitions and wh at purpose they woul d se rve . Further, that the Staff report is c omp leted a nd will be pr es ented at the riext Coun'cil Meeting. The Re po rt s p eaks to the re a son s wh y distinctions are being made between hote ls/mote ls and board ing h ous es/rooming houses in the commercial zones. ~1 PAGE 4 Planning Commission Minutes March 1, 1983 And Staff suggests that the Council decide whether they want to have C-3 motels in C-2 as well. Comm Brown stated that by not having definitions you can include either structures in both zones. Ms Sapetto ~ated that if that is the intent of the Council then they will probably not define the terms. Ms Sapetto stated in response to Comm Brown's question regarding page 4 of the City Council Minutes, that Council had asked Staff to convene a workshop between the Building and Planning Depart- ments ne the distinctions between condo and apartment constructions. Council felt uncomfortable not allowing conversions on the one hand, or, on the other hand, allowing them without a definite and specific set 0£ standards by which a commission would judge a conversion pro- ject. She added that what Council wanted was for Staff to come back and present to them some of the information that has been present- ed to Commission. Chrmn Peirce stated that the problem with definitions is that developers will uaually build to the limit. Comm Strohecker stated that it was his impression Council was ask- ing for specific guidelines and definitions because they misunder- stood commission's intent to be that commission wanted to have the conversions before it to approve or disapprove it. They didn't understand our intent was to have a set established code to follow re approval of condominium conversions. Comm Smith stated that the resolution was clearly stated, with the standards being very specific. He added that if Council is looking for better guidelines on conversions they should request that of Commission. Ms. Sapetto stated that she didn't believe Council knew enough about it at this point, and that is why they want staff to supply more details. Comm Izant reported on the subcommittee. He stated that the sub- committee was appointed at the last meeting and was comprised of Comms Strohecker, Brown and Izant. The charge of the Commission was to consider looking at PCB at the south end of the City. He continued by saying that the Sub-committee met at 6:30 this evening and had a discussion amongst themselves to familiarize themselves with what had been done previously, what the objectives of the sub-committee would be, and what goals should be achieved. The sub-committee thought, as stated in the resolution, that the objective should be for the City to work towards a down growth of non-residential traffic on the north and south streets through the City. Also that perhaps there will have to be some action take on PCH to produce less traffic on those streets. The plan of action the sub-committee decided to take was to meet informally with a number of other groups, in an attempt to get the widest spread of alternatives. Two groups mentioned were the Hermosa Beach Chamber of Commerce and the Hermosa Beach Home Owners Associa- PAGE 5 Planning Commission Minutes March 1, 1983 tion. Hopefully, the sub-committee can get in put and opinions from these groups so it can come back to the Commi ssion as a whole with some recommendations. He added that Comm Strohecker will contact the Chamber of Commerce to get the i r p arti c i pation, and that the sub-committee will meet again in the near future. Comm Smith asked that the sub-committee, in regards to· the traffic on PCH, also sound out the business raen in the area who might not be represented by the Chamber of Commerce. Also, they should sound out the home owners in the area that are not members of the Horne Owners Association, as those groups don't necessarily represent the general concensus or opinion of the area. Chrrnn Peirce reported in regards to the sub-committee on the rezon- ing of the Seaview Inn property. He stated that as of this time they have not been able to meet due to conflicting schedules with the members of the Commission and Council sub-committees. He will attempt to set a meeting date. He added that the status of the issue at this time is that the City Attorney has filed a Quit Claim in court for the property, and that proceedings on that will probably take a number of months. Comm Izant made a motion to adjourn at 8:35. CERT! FI CATION I hereby certify that the foregoing minutes were approved at regular meeting of the Planning Commission the 1st day of March 1983. r) DATE MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON FEBRUARY 15, 1983, IN THE CITY HALL COUNCIL CHAMBERS AT • 7: 30 Meeting called to order at 7:35 P.M. By Vice Chmn. Izant ROLL CALL PRESENT: Comms. Brown, Izant, Loosli, Strohecker ABSENT: Comms. Peirce, Shapiro, Smith ALSO PRESENT: Pamela Sappetto, Planning Director; Ralph Casteneda TDC Planning APPROVAL OF MINUTES Comm. Izant pointed out on page 9 that the reference to the letter from the City Council was mistakenly attributed to the Planning Commission. Additionally, the spelling of Mrs. Ryan's name on paga 9 was incorre~t. Motion by Comm Brown, seconded by Comm Strohecker to approve the minutes, noting the above changes. AYES: Comms. Brown, Izant, Loosli, Strohecker NOES: None APPROVAL OF RESOLUTION 83-7 Comm Izant stated that the vote would be as to whether the resolu- tion correctly reflected what took place at the last meeting. After a short discussion the following suggestions and amendments were offered. Comm Loosli pointed out with respect to the third "whereas" that he would like to have the reason stated as to why the 4-story limit would encourage height limits in the VPD and Paid section of the City. He added that the argument that parking requirements limit building heights is an erroneous assumption because you can buy your way out of providing parking. Parking requirements do not provide any parking disincentives to limit heights. Comm Izant stated that with respect to the second "whereas" a state- ment to the effect-of, " ... and that the 45 foot limit is included to give architectual flexibility." be added. He further suggested wording for the third "whereas" as follows: "Whereas, the Planning Commission has determined that current parking regulations in the VPD a'."1d the paid sector would not act as a limitation on build-out to the maximum height." Comm. concurred with that wording Motion by Comm Strohecker, seconded by Comm Brown, to approve the resolution as amended. AYES: Comms. Brown, Izant, Loosli, Strohecker NOES: None- Planning Commission Minutes February 15, 1983 Page 2 REVISED HOUSING ELEMENT OF THE GENERAL PLAN Staff report was offered by Mr. Casteneda. He explained that at the last meeting it was decided that Staff should revise the first sections, which Commission discussed :previously, based on the i:n- put to date, and produce one new section re Goals, Policies, and Objectives, The major section following the material submitted to Commission tonight will be dealing with the Action Plan. He con- tinued by saying that in terms of the revisions of the earlier sections there were none made with respect to sections one, two· or three, except for some minor points. He added that those sections require some future refinements and elaboration. In terms of section five, dealing with housing needs, staff condensed the information and took out the tables and graphs; which tables and graphs will be put in an appendix to the document. The same revisions were made to the section dealing with the issues of "Constraints and Resources. Staff pulled the information together and attempted to summarize the bullet items, in particular, to reflect the discussion on the neighborhood preservation issue, and a statement was included that CDBG funding is a potential resource~ He added further, that Staff also condensed the information in terms of the Land Use and zoning patterns of the city, and included infor- mation on available vacant land. He stated that the new section sub- mitted deals with Goals, Policies, and Objectives. It is a required section in the sense that the topic has to be addressed, but the manner in which it is addressed is left up to the City. With respect to goals, statements are included dealing with a desireable long-range situation in the City. In terms of policies, it states how the re- sources and tools will be used to effect the housing situation. In terms of objectives, it mainly sets forth a quantitative statement of what will be achieved over the next five years. He added that much of the material in the new section is based on the December 1979 version of the element which was approved by the Commission and City council, which was updated by a transmittal made in August of 1981. He continued by saying that the reason for the extended statements dealing with energy conservation:was that that is a topic that needs to be addressed in the Housing Element. Staff dealt further and em- phasized the areas of prevention and abatement of bootleg units; pro- tection from conversion re the smaller (3 to 9 units) rental housing structures, since they represent the lower cost housing in the City; and promotion of existing conservation of the neighborhoods. With respect to new housing, staff addressed that need within the scope of the existing environmental constraints of the City as would be re- flected in the Land Use Element and other documents. Also included is the policy of continuing evaluation of the potential housing de- velopment at the 11th Street Site. Further, that with respect to the question of affordability Staff attempted to reflect the policies as they exist Eoday regarding senior citizen affordibility, the Afford- able Housing Fund, and the CDBG Program. He added that the issue of expanding the range of uses for the Affordable Housing Fund may be r Planning Commission Minutes February 15,1983 Page 3 investigated further in the future. He continued by stating _ that Staff attempted to reflect the exist- ing policies as they are today, though they may change within the next month or two, depending ,on what the City Attorney reports back on the eligible uses. The direction with respect to the re- sources that are available to the City would be a continuing policy to encourage and facilitate the private administration of the fund by way of a social service agent, keeping the City out of the day- to-day roll of administering. Comm Loosli pointed out on page 10, the land use element figures for low density, 0-13, and medium density, 14-25, left the area between 13 and 14 not accounted for. Ms. Sapetto stated that the way Staff reflects numbers in calculations is that the whole number is used; i.e. 0-13 would mean 0-13.99, She added further that the Commission's past interpretation that 13 would be the maximum number with 13.1 and up falling into the nextcategory is not reflected in the land use element, Mr. Casteneda suggested leaving it as it is but indicating that through the past seven years the Commission~ and City Council's interpretations have been 13 is the maximum number with anything over that falling into the next category. comm Izant stated that it would be a good idea to clarify that so that it isn't opened to interpre- tation. Comm Strohecker pointed out that on page 10 where the Priamos, Thompson and other properties are listed, that the re were other siz- able lots that should be included; i.e. the lot on the westside of the Highway at 21st Street. Mr. Casteneda responded by saying that Staff would look at that and perhaps include it. Comm Izant stated that on page 9, second bullet from the bottom, which speaks to maximum development with reference to the Zoning Code, that there should be included a statment as to what is believed to be the current number of existing units. Mr. Casteneda agreed, and said that could be included, He stated that the reason for that item was because of a past request by Chrmn Peirce that Zoning be referred .to on this point. Comm Loosli suggested that the number 13,000 be used and eliminate the 12,000 to 13,000 range. Comm Izant suggested that a reference to the current: city density as compared to other areas be included. Comm Brown stated that he disliked having so many numbers and sta- tistics s~attered throughout the document. He thought that the numer- ical data should be included in an appendix for ease of use and accessibility. In that way you would have all of the statistices in one spot. Additionally,the document itself would not go out of date as quickly, since the numbers could be updated without touching the body of the document . Corrm Izant pointed out that in some cases the numbers are ne c es_sar_y, and -suggested a, parenthetical clarification be added indicating the time references. Comm Brown reiterated that the numbers should be available, but they should be in an appendix for ease of re- Planning Commission Minutes February 15, 1983 Page 4 trieval. Comm Loosli stated that the document is updated every five years, and this document's numbers are based on the 1980 census, which census will not be updated for several years. He didn't see a prob- lem with having the numbers included in the body of the document, but felt · that a parenthetical time reference would be a good idea. Mr, Casteneda stated that the section would be prefaced with an ex- ecutive summary and summary chart, and · in this way an overall picture of the section would be provided. He added that the more detailed numbers and statistics, and how they were arrived at, would be put in an appendix. Public hearing was opened at 8:30, Violette Isgreen, 726 Prospect Avenue, Hermosa Beach, stated that she felt that the Planning Commission would be derelict in its duty if it did not analyze all feasiAble land use alternatives, such as the legal non-conforming buildings in the city, Additionally, since there is a bad financial problem within the city now, if these units were account- ed for the City would have more revenue sharing monies and more property tax monies. She suggested the Commission work out a way to grandfather these units in to a legal status, then the city would find find a pooling of available moderate income units. Comm Brown remarked t hat th e bootleg problem, addressed by Ms. Isgreen, was an important issue that keeps getting swept under the carpet, and the her suggestion of gra nd:athering them in at some date is at least one valid alternative that should be considered, Comm Izant pointed out that Ms. Isgreen was addressing the illegal non-conforming build- ings rather than the legal non-conforming as she stated, Comms Brown and Strohecker asked for a summarization of what is contained in the bootleg abatement memorandum, }~. Casteneda responded by saying, by way of background on the issue , the memorandum that Staff re:ferred to was prepared by the Department of Bu ilding in a joint workshop of the P lanning Commission and the City Council in July of 1982 dealing with this topic ; hcwever no conclusions were reached at this workshop. He added that it is a complex legal question what can be done about the bootlegs and the people inhabiting the units, Additionally, it is a question that is to be discussed when Phase 3 of the local Coastal Plan is completed. That plan should indicate what the City will do to prevent and abate the illegal units, In answer to Comm Strohecker's question Mr. Casteneda stated that the City has at this time an abatement program which is based on a com- plaint system, and not where the Building Department actively attempts to locate the illegal units. Comm Loosli added that the City has entered into a prosecution agreement wi ·th the County Prosecutor's Office, Ms. Sapetto explained further the abatement program procedure, i.e., the Building Department operates on a complaint basis. After a complaint is recieved the Department asks the person who owns the bootleg or is responsible for it, to make an application to the Board of Zoning Adjustment to legalize it. In that process they determine Planning Commission Minutes February 15, 1983 Page 5 if it can be legalized. If they refuse to make the adjustments, then they will be prosecuted. On the other hand, if the BZA denies the legalization, they also will be prosecuted. There is an evaluation system built into it. In answer to Comm Brown's question she responded that she did not know how many bootlegs exist in the City, Comm Brown stated that as long as the City has; the bootlegs, he would rather know where they are, rather than have them and not know where they are, It seemed to him a good idea, ec.onomically and otherwise, to attempt to grandfather these units in and attempt to make the units safe, since they will probably never be brought up to code. Comm Loosli did not agree, Comm Brown added that the City was not getting many complaints and felt that the system was not working. Ms. Sapetto stated that some of the bootlegs have been abated in the turnover process. Comm Izant ask Staff to supply the background and statistics on this issue to- gether~eh a statement of the possible solutions, Mr. Casteneda sug- gested that this topic be dealt with in two respects: in terms of the housing element, as well as, to reopen the question with respect to the Coastal Plan; and then, in both respects express these aims by way of recommendations from the Commission to the Council. Ms. Sapetto explained that the LCP is to discuss abatement, and since the Council has not, as yet, come to a conclusion on the LCP this topic is open to the Commission to discuss and forward the recommendations to the Council; Further, -the topic can be added to an upcoming agenda, i.e. that under certain criteria, Commission might grandfather some of thse units in. In addition, there should be some type of program to identify the units, The problem to date has been how we can best identify them, From a legal standpoint, the Building Department~annot g out and search for the units. Comm Izant asked that the issue be in- cluded in an upcoming agenda, Comm Izant suggested in terms of format of the Goals, Policies and Objectives section, since each sub-section therein has a statement of philosophy, that should be consistent throughout and so should be added to the New Housing Development Section. Mr. Casteneda agreed. Comm Izant asked how the 20 percent figure under the objectives of existing housing supply was arrived a t; i .e. wh at does 20 percent represent in terms of numbers of unit s in ne ed of major repairs. He also asked for a clarification of the 50 per c en t figure. Mr. Casteneda said those figures represented 125 and approximately 50, respectively, He ; .added that these are the most seve rel_y deteri orating uni ts, unfit for habitation, and it is difficult to tell how may of these are boot- legs. Comm Brown asked how the city would go about replacing the 50 percent of those housing units. Mr. Casteneda stated that in this case, the underlying value of the land might be enough to attract a developer. That is one way it could be achieved, On this issue it has been discussed and recommended that the City look to the private sector for revitalizing rather than through the use of block grants. Comm Brown asked how the private sector would know there is a 20 per- cent improvement need, and, also, how does Commission know if the city has reached or surpassed that goal. Mr. Casteneda responded by saying first, ·by way of background, the housing element is not the only element of the general plan that states that planning and zoning Planning Commission Minutes February 15, 1983 Page 6 have to be updated every five years, the State Legislature also re- quires it. One reason for that is that the progress towards the goals should be monitored. How one might monitor the actual im- provement involves establishing a s y stem that tracks the building permits and remodeling permits, If the City gets involved in the Hanydman-type programs orl6an programs, that would be an exact way of tracking it, by the grants and loans issued. If the City is in- volved in that, there are annual reports filed so the City knows where the money is going. In addition, all of those programs are run through the private sector, i.e. B of A and Security Pacific. Mainly, the city would have to monitor it through a permit issuing tracking system, and through the involvement of loans and grants. Then Staff would record and accumulate the data to be used in up- dating the element. The element would then show the diminishing level of need, and the goals would be adjusted accordingly. He added that ways and means will be addressed in the next section, and if Commission decides it wants to pursue this, it will be in the implementation section. Comm. Brown stated that the City needs to establish a tracking system. Com m Strohecker added that over the next five years there will be additional housing stock that will be in need of improvement. As the City reaches goals on some housing, others will be falling into the "in need of repair" category. Mr. Casteneda responded by saying that this is just the best "guess" work available, and agreed that as some housing is being improved, others will slip into that condLtion -• The question is how to encourage property owners to maintain their property, so the City doesn't continue to lose ground. He added further that the element should state that this is an objective to be achieved and how the City intends to track it. Comm Izant pointed out, in response to Comm Brown's comment, that the element needs a starting point so some numbers must be included. Comm Brown commented that the City cannot follow progress towards these goals because the City doesn't have any tracking system. Comm Loosli stated that the intent part of the element should include a determination of how many houses are in need of repair. Mr. Casteneda responded by saying that one of the sections in the element de als wi th an updating and review process; the way it is monitored and evaluate d. So in that sense, the topic will be discussed in the element. However, he felt it was another matter to say that the Plannir:gCommissi on see s this as a high priority to see where the City stands re major repair s, and if it is a high priority, it should be stated by the Commi s s ion . Comm Izant stated that Staff indicated that 20 percent represents 125 houses. So the estimate is that roughly 620 houses in the City are in need of major repairs. Mr. Casteneda responded by saying that that was correct, He added that a physical survey was done in the Coastal Zone, and if those survey findings are representative of the rest of the City, then that is what the figure should be, Comm Brown inquired as to whether the Coastal Zone is a true representation of the rest of the City, He felt it might not be a representative samp- ling. Mr, Castened stated that this is the best available information at this time. Ms. Sapetto added that Staff keeps records of permits Planning Commission Minutes February 15, 1983 Page 7 issued and the Building Department publishes a monthly report on this topic. Comm Brown stated that the $2,000-type repairs may not require application for a permit, and felt the term "dilapidated" should be redefined, with $2,000 not being considered as "major repairs." Mr. Casteneda suggested that a tracking system is possible with some augmentation of existing systems, but the point is whether resources can be allocated for it and whether it is worth it. In reviewing the document Commission asked that on page 12 in the objectives section, that the percentages be taken out. Comm Izant stated that if Commission chooses not to put the numbers or percent- ages in, then it needs to be put into footnotes or parentheicals that the Commission feels that because of the lack of a track record over the years that it is inappropriate to tab numerical targets at this time. The commission agreed with that wording. Comm Izant suggested with respect to the New Housing Goals section, page 13, first. bullet, that the word "demands" replace the word "needs". Comm Brmm agreed. Comm Loosli suggested that the bullet should read: 11 1'0: address, within the scope of environmental con- straints, the housing needs of the community and its share of regional housing projections." Comm Izant asked with respect to the last bullet on page 14, that the reference to the "11th Street site" be deleted Comm Loosli stated that the second bullet on page 14 ., re mixed-use of structures, that the word "certain" should precede" ... community development," Comms Strohecker and Loosli suggested with respect to the third bullet on page 14, that the word "different" be changed to "var±ed" Comm Strohecker pointed out that in '.:the objectives section, last bullet, page 14, which says "one-for-one basis replacement,"that that didn't necessarily mean replacement at the same site or with the same type of structure, He felt it could be worded better, Mr. Casteneda said that basically, the City doesn't want to loose housing, and if certain housing is eliminated, replacement of inventory is a need. Comm Loosli suggested that ",,,at least a one-for-one basis" be substituted, Comm Brown stated that the Philosophy statement -on page 15, that the 1 last sentence --" ... meeting the housing needs of the community and its share-of regional housing needs"--should be consistent with the previous sub-section's philosophy statement, using the replacement words of "demands" and "projections," He also suggested that the third bullet under goals, that the word "provide" be changed to "encourage". He felt the same word subs ti tut ion : should be made in bullet 2 under Policies, He also felt that the reference to "3 to 9 units" in the first bullet on page 15 was too specific. Mr. Casteneda responded to the last suggestion by saying that the City r Planning Commission Minutes February 15, 1983 Page 8 Council had agreed that in terms of permitting a substandard building to convert, it will be decided on a project-by-project basis. Ms. Sapetto added that the Council requested a workshop to discuss the minimum standards question and the evaluation procedures for conversion plans. Mr. Casteneda added that in terms of guiding decisions on a conversion application which does not meet all of the standards, the Commission should examine which min"imum standards they want to impose by virtue of the housing element. The Commission agreed that the entire bullet should be eliminated. Comm Izant stated that the Objectives portion on page 15 substitute wording should be consistent with the previous subsections. Mr. Casteneda summed up by saying that the next step will be to pro- ceed to the next section dealing with the "how to." Now that the objectives have been stated, we need to know how to achieve them. He stated that Staff hopes to have that section at the next session. And . on the bootleg item, staff will provide a progress report along with some background material. PLANNING COMMISSION MATTERS -TRAFFIC CIRCULATION -SOUTHWEST QUADRANT -PAC I FIC COAST HIGHWA Y The Staff report was presented by Ms. Sapetto. She stated that dur- ing the previous discussion on traffic circulation Staff had provided Commission with information about parking along the highway, and that report was submitted again tonight. She added that this was done in response to the question of removing a lane on PCH. She added that CalTrans has not taken any action on that, but they do have the authority to remove parking. However, it might not be a politically wise decision, although they may be pressured into removing it by the ~ities. She submitted to Commission a report which was presented to the City Council by the Public Works Department in October of 1981, and it dealt specifically with the parking lots on the highway and where the city could create additional parking. The report identified ' specif:ic areas where there is parking,, including private lots. She added that since this report/recommendation, there has been a lot of paved parking made accessible to the south portion of the City, and at their last meeting City Council gave a direction to meter that lot. In answer to Comm Loosli's question Ms Sapetto stated that the signals are synchronized. Comm Strohecker ·stated that he would be interested in learning if there are comparisonsre time travel from one end of the city to the other during the peak AM and PM hours. His for the request being that the City provides three lanes during the AM period and only two during the PM, and he would like to see how they compare. -- I' Planning Commission Minutes • February 15, 1983 Page 9 Ms. Sapetto stated that :information may well be availahl~,in the Pub_lic'Work's-- Depat.tment._ Comm Izant added that he would like to know the time it takes to travel the length of the city and the number of cars that complete the trip during that time period, A member of the audience stated that in Redondo Beach they do not provide left turn lanes, and suggested If Hermosa followed suit in the southwest quadrant, the City would have another lane, of traffic. Comm Izant stated that might be an alternative. He asked the Commission t _heir feelings on the appointment of a sub;...committee to investigate this issue further and make a recommendation to the Commission as to what action should be taken in this area. He added that the City m'fght be forced by the State to do something about this, as as a Planning Commission he felt they should take action before being forced to do so. Comm Loosli stated that the Council appeared to have no interest in this issue, and felt that the Commission had done as much as they should with respect to the Council's inaction. Comm Izant pointed out that the Commission has a responsibility to come back with a recommendation since the Council didn't accept the Commission's last recommendation. Comms Brown and Strohecker said they would serve on the sub-committee. Comm Brown requested some background on Mr. Nabedian, the engineer who prepared the report. He also asked how Mr, Nabedian came up with these suggestions, whether it was at the City's specific request or on his own. Ms. Sapetto stated that the goal at the time of this report was to diminish the impact of traffic congestion in the City. Comm Brown stated that it should be made clear whether the Commission is trying to keep traffic out of the residential areas and move more traffic through the commercial areas which need the traffic, Comm Izant stated that in the past that was the Commission's goal. In answer to Comm Loosli's question, Ms. Sapetto stated that the notice of the Proposed Variance was included in the packet for the Commissions information, stating that the application was a joint one, and it will be coming before the Commission, She added that the problem with the lot. is that it is almost "unbuildable" because a portion of the lot includes a 70 percent slope, providing only one small portion that.· is buildable. So in that respect it is a classic case for a variance, i.e. they need the additional height because the amount of land they can actually build on is so small. In answer to Comm strohecker's question, Ms, Sapetto stated that the sub-committee appointed at the last meeting had not met with the Council sub-committee as yet, and therefore, there was nothing to report at this time. Motion to adjourn by Comm Strohecker, seconded by Comm Brown, (, CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the ___ _ day of _____ . vrtE -CHAIRMAN EDWARD LOOSLI, ACTING DATE ; I VI I;~.- Meeting called to order at 7:30 P.M. by Chairman Peirce ROLL CALL PRESENT: Comms. Brown, Izant, Loosli, Shapiro, Smith, Strohecker, Chrmn Peirce ALSO PRESENT: Alfred Mercado, P1anning Aide; Ralph Castenada, TDC Planning. APPROVAL OF MINUTES Comm Brown asked how much of the conversation and questions by the commission is to be reflected in the minutes. He stated V that a scenario which he expressed at the last meeting with respect to asking Staff what would happen if the Land Use Element were to go against Storer TV, if it were to be continued as open space, would they be allowed to operate as Storer Cable TV, and the answer was that they would, His point being it wasn't noted in the meeting's minutes and that was his reason for abstaining, He felt that the item should have been voted on at that time, otherwise it would come back to the Commission in the future, Comm Shapiro concurred with Comm Brown, and added that it had been pointed out to him that if you want something specifically reflected in the minutes, to preface your statement accordingly. Mr. Mercado mentioned that in addition to the transcribed minutes the entire meeting is on tape, so if Commission want's the minutes amended that can be done. Chrmn Peirce added that the minutes are to reflect, as much as possible, the pertinant state- ments of fact and not the more casual conversational elements of the meeting. Comm Smith agreed with Comm Shapiro that statements you want re- flected in the minutes should be prefaced with a statement to that effect. He further stated that he wanted the minutes to indicate that he had asked Staff to insure that the informational items that were discussed be included in the packet when the Storer issue comes before the Commission again, so the same questions will not be asked over again. Comm Izant, notinq the amendments and the changes, made a motion to approve the minutes; seconded by Comm Shapiro. AYES: NOES: ABS: Comms Brown, Izant, Loosli, Shapiro, Strohecker, Smith. None Chrmn Peirce, RESOLUTION P.C. 83-6 Comm Loosli Pointed out that the Resolution did not reflect the vote on the Resolution. :Motion by Comm Izant, Seconded by Comm Smith to pass the resolution approving a time extension for tract map located at 1833 Pacific Coast Highway, with the addition of the result of the Commission 's vote. AYES: NOES: ABS: Comms Brown, Izant, Loosli, Shapiro, Strohecker, Smith l\Jone Chrmn Peirce Page 2 PLANNING COMMISSION MINUTES -February 1, 1983 REVISED HOUSING ELE MENT OF THE GENERAL PLAN Chrmn Peirce noted that Commission has been receiving two sec- tions of the element at one time, with tonight's section being a description of potential housing resources, and a description of housing consaaints, Mr, Casteneda presented the Staff Report. He stated that the Commission had received additional outlined information regarding the two sections of the element, along with a summary chart ex- plaining some items in relationship to constraints and resources. He explained that the chart was done as a result of previous dis- cussion of these two topics last year, when it was felt that there were certain value judgments in terms of explaining what constraints and resources were. At that time Commission wanted a summary chart to develop the details of the narrative. Brief- ly , c nstraints are some local and non-local factors that might impede addressing housing needs and goals; whereas, resources might be interpreted as those item s that could be influenced by the city in a positive direction t o meet community needs and goals . He continued by saying tha t for purposes of elaboration certain information was added that was included in a rough draft of the housing element presented a year ago. He noted that the function tonight was to gain impressions from the Commission, then proceed to a refinement of the sections, and then, at the next continued public hearing all of the sections will be broug ht back to see if they correctly reflect the sentiments of the Commission Briefly, the area under the headin g of "Constraints" in terms of re gula tory incentives for the i mprovement, maintenance of housing , and house zoning Ordinance can be modified to encourage property rehabiLi tation . He added t hat Staffhas yet to review and complete t he LCP , but that materia l will forth coming soon, He noted further that at a previ b u s meeting Comm Loosli wanted a consideration of house zoning with items included as incentives for owners to maintain and rehabilitate their property. Further, in terms of the area of ''.'Resources", the i tern that re- ceived the most attention previously was regarding whether the interpretation of Community Development Block Grants should be interpreted as a potential resource, He added that some Commission- ers favored a "handyman" program and others felt that private market forces was the better way to preserve housing, However, this is one area where interpretation needs to be made whether this resource, which is funneled to the City, is one that should be included as a potential means of addressing the rehab needs. He explained further that Staff included language from the Hous- ing Element Law, which indicates a local community can include in its element those economic, environmental, and physical factors which would impede otherwise addressing those needs. Further, that Staff has also indicated another constraint is the actual a;vailability of land which is not now considered for residential use, with the report indicating how much additional housing could be developed. And, essentially, there is enough that can r'age .:.S PLANNING COMMISSION MINUTES -February l, 1983 be available to meet the needs that were projected. In terms of resources, Staff considers a fair amount of im- portance attached to the Land Use Element since this is the guiding factor in deciding how much of existing housing should be maintained at current density and current development, and how much new housing should be allowed. In the area of afford- ability, or housing assistance, Staff listed some constraints which are non-local in origin, i.e., financing, construction costs, etc. He added that minimum dwelling size could be re- duced from the existing standards in some cases and that would lead to lower housing prices. Under resources, he pointed out, there is the standing Senior Citizens' Housing Program which has evolved to a stage where more detailed decisions are yet to be made; as well as the Affordable Housing Fund and, eventual- ly, the Shared Equity Program in relationship to the condo con- version projects. Continued Public Hearing was opened. There being no testimony the hearing was closed. In answer to Comm Strohecker's question, Hr. Casteneda'stated that the elimination of bootlegs would not be considered a con- straint. Comm Loosli pointed out that on the page following page 3,19, fifth bullet, he would like to change that paragraph to read, "Hermosa Beach is identified as a City where long-term neighborhood preservation and conservation is both a viable option and a positive contribution to the environment." Comm Smith thought that that change may indicate that the entire city is eligible for redevelopment. Comm Izant did not agree with Comm Loosli, he felt the paragraph said that there may be certain portions of the City that, should the City want to, would be desireable to preserve. But that there was no impli- cation that the other areas should not be considered for preser- vation. Comm Loosli felt that the paragraph implied that there are certain segments of the City that do not deserve preservation and the language could be made clearer or struck out altogether. Comm Izant suggested that the paragraph include a sentance which states that "hearings have not yet been held to identify whether there is a need for long-term neighborhood preservation and conservation of certain areas of the City. '1' Comm Loosli concurred. Comm Loosli pointed out on page 4.15 the sentance reading "For these reasons, it will be important to the City to monitor residential growth and establish a balance between the not necessarily incompatible goals of neighborhood conservation and housing production." He stated that he felt that neighborhood conservation and housing production were incompatible. Comm Smith stated that what that sentance said was that it would be good to establish a balance between those areas of the City where there is a lot of development and those areas ·where the City doesn'.t wish to have too much development. Mr. Casteneda agreed with this interp retation . Comm Brown s ugge sted that the "not necessarily incomp at i ble" clause be deleted f rom the sen- tance or to preface "ba l ance" with the word "equ i t able". Mr. Casteneda stated that what the paragraph was s aying is that there is some preservation of existing areas and some new development, and that balance may be different from the current balance, Page 4 PLANNING COMMISSION MINUTES -February 1, 1983 Comm Izant stated that .the City is going to have to monitor the growth and is going to have to make choices between neighborhood conservation and new housing production. Mr. Casteneda stated that perservation of the character of the neighborhood was also a con- sideration in any decision. Chrmn Peirce stated that the important consideration for the Commission is to decide how much of the City Commission should allow to be developed. Comm Smith stated that he would like a sample of how this would actually operate. Mr. Casteneda stated that that would be a good way to approach it. Chrmn Peirce pointed out that the numbers on page 4.15 re "Low Density" and "Medium Density" should correspond to the numbers in the General Plann, since as they are stated in the report it leaves 1 dwelling unit per net acre in limbo. He also stated that the numbers on Table 9, page 4.14, as to Maximum Number of Housing Units was misleading, because the Zoning Laws allow for a much high- er amount of units than the General Plan. Comms Izant and Loosli suggested that Staff find out which numbers SCAG uses, since this is a very important point because there is a large discrepancy between the numbers in the Zoning Code and those in the General Plan. Comm Izant stated that on page 3.17, fourth line from the bottom, that he did not agree that new development leads to an increased demand for parking, since in actuality it is the older buildings in Hermosa .that have the wors u parking situation. And since new develop- ments must build to Code, they are required to provide adequate park- ing. Chrmn Peirce stated that he believed that the new developments had more square footage per unit than did the older buildings, and, therefore, could accommodate more people, and that generally increases the demand for more parking. Comm Loosli stated that it should say that new developments probably increase traffic congestion. Comm. Izant agreed. Mr. Mercado stated in answer to Comm Loosli's question, that if a condo project eliminates an on-street parking space by a driveway curb cut, they are required to replace the deleted parking space. He added that was for condo projects only. Comm Smith stated that on page 3.19, second paragraph, " ... in addition to making residential rehabilitation economically practical for very low and low income households;.; .. " He was not sure what that meant. He asked if the City has at this time a rehamil~tatton program. Mr. Mercado stated "no," adding that Staff just submitted to the City Manager a 5-year capital improvement program, and he be- lieved two years down the line the City is proposing $166,000 for the residential rehab program, with low interest loans, block grants, etc. Comm Smith asked on page 3.19, bullet 6, whether the regulatory power mentioned therein was state law. Mr. Casteneda stated that it was local. Comm Smith stated with respect to page 4.13,"the review of major or undeveloped properties in the city,"that he thought the in - formation was taken from the Housing Study that relates back to site studies done in relation to senior citizens housing development. He .. :asked that the reference to senior citizens be eliminated since this is a general examination. Comm Izant commented that the lead-in paragraph suggests that the home review is speciffically oriented to seniors. Comm Smith felt that was not relevant. Chrmn Peirce agreed that it should be housing in general rather than any specific type of housing. , .!:'age :J PLANNING COMMISSION MINUTES -February 1, 1983 Comm Smith added that on page 5.29, second paragraph, that the argu- ment seemed to be heading towards lowering unit sizes, and asked it that is one of the constraints Staff is talking about and should Commission look at revising minimum living area footage for certain medium size units as a means to make housing production more attrac- tive. Mr. Casteneda stated that was correct. Comm Smith also point- ed out the third paragraph, same page, last sentance where it stated Hermosa Beach has no capacity to reduce financing costs, he thought the city could address this in terms of buy-downs through community block grant loans which are available to moderately high income house- holds. Mr. Casteneda stated that that was a possibility. Comm Loosli stated that paragraph 4.15, which referred to the pro- jected rate of development being faster than originally forecasted, he suggested that the last sentance be changed to read, "for these reasons it will be important to the City to monitor residential growth and establish various options dealing with the goal of neigh- borhood conservation and housing production." Comm Izant agreed with that sugg~stion. Mr. Casteneda stated that he will bring all of the Commissions thoughts up to date and revise all the sections thus far considered and, if possible, get into the next section, entitled"Goals, Policies and Objectives" for the next meeting. AMENDMENT TO ZONING CODE ARTICL 8, SEC. 802; ELIMINATION OF 3-STORY HEIGHT LIMITATION ON COMMERCIAL STRUCTURES. Mr. Mercado presented the Staff Report. He stated that if the Plan- ning Commission so decides that the intent of the zoning code Article 8 Section 2 is to allow commercial structures to be built to a height of 45 feet, then staff recommends that the resolution delet- ing the 3-story height limitation be adopted. He continued by say- ing that the project was reviewed by the BZA, and, after considering the PEIR, they declared that the project had potential significant adverse environmental impacts which could not be adequately addressed in a PEIR. Therefore, the BZA held that a full scale EIR should be prepared which would address all the potential impacts of this pro- ject on the community. He added that the City Council chose to appeal the BZA's decision and they adopted Resolution 83-4571 which declared that the removal of the 3-story height limitation will not have any unmitigable signifi- cant adverse environment impacts, and that a negative declaration be filed. He stated further that under the current code provisions a commercial structure can be built to a height of 45 feet or three stories, whichever is the lesser. If a builder so desires, they can include a mezzanine of 1/3 of the size of a full story in order to increase the square footage of the building, without violating the 3-story limitation, also space undergro~nd, i.e. subterranean park- ing or a basement, is not counted in the number of stories. Further, a survey of building permits issued for commercial structures in the past two years indicated that the majority of buildings do not reach the 45 feet limit. Staff felt that if this trend continues, then the removal of the story limitation clause should have no signif- icant effect on building heights. He added that if a developer is able to build to four storias, thereby increasing their square foot- age and increase , their profits, then it is possible that more build- ings will be developed to the 45 foot limit. He stated that it has been suggestedthat the inability of a developer to use his property - .Page o PLANNING COMMISSION MINUTES -February 1, 1983 its highest and best use that this has the effect of driving developments to other communities where greater economic incentives exist. He stated that while it is possible that building heights will increase as a result of the elimination of the story limit, Staff believes that for the most part, commercial building heights will be restricted because of parking limitations. Since most lots in the City are relatively small, only a limited amount of surface parking can be provided. Subterranean parking is an option, but the cost can be prohibitive. Therefore, regardless of whether or not there is a story limitation, parking restrictions will play a large role in minimizing building height. Further, if building heights are increased there may be some cases of obstructing the views of adjacent property owners, with its greatest impact on res- idents whose dwelling units are located on sloped grades east of a commercial zone. He noted that Staff's analysis is predicated on the assumption that the intent of the zoning code is to allow commercial structures to reach a limit of 45 feet. Comm Smith, referring to the minutes from City Council, said the resolution that referred this· to the Planning Commission was un- clear to him re "unmitigable adverse impact" "that a negative declaration be filed" and what "mitigating measures" meant with regard to reducing the coverage on the first floor". He stated that those were things that the Council considered and he thought it was important the the Commission have a clear idea what these things meant. Mr. Mercado stated that it was his opinion that there was a consensus amongst the Councilmembers that removing the three-story limit would not have adverse impact, in that structures would not exceed the 45 feet limitation. There followed a short discussion as to what action the City Council was requesting the Planning Commission to take since the Council minutes and their Resolution did not coincide. Mr. Mercado stated there were two items worthy of note, that the survey done by staff indicated that most structures were not being built to the .45 foot limit~ Also, most construction in the city is woodframe and in order to construct four stories, developers have to provide sprinkler systems throughout and this prohibits, in many cases, four stories. Comm Loosl i stated that the reason builders don't go to the 45 feet limit is because that is what the City re- quires, in that they can only build to the three-story limit. Mr. Mercado stated that Staff was simply saying that over the two-year period most buildings haven't been built to the maximum option of 45 feet. Chrmn Peirce ruled that the Commission consider the 45 feet or three story limit on its merits without regard to "mitigating measures." Public hearing opened at 8:45. Lyn Ocherbaum, 2112-1/2 Monterey, Hermosa Beach, stated that Hermosa Beach is a very densely populated city and didn't see a need to eliminate the 3-story height limitation. She thought the area of concentration should be on rehabilitation, mainten ance, and occu- pation of the presently existing unoccupied commercial structures. Robert Carrington, 1707 Pacific Coast Highway, Unit 501, stated that he didn't want to see any increase in the height of buildings because the value of his property was based partly on the view that it offers. He felt others, who would be similarly effected, felt the same way. -PLANNING COMMISSION MINUTES -February 1, 1983 Mary Smith, 316 25th Street, Hermosa Beach, stated that the past efforts of the City Planning Department and City Council have been to reduce the residential height from 35 feet and it surprised her to see a turn around now to consider a means of increasing the commercial height. She added that builders can now build to 45 feet and nobody goes that high because of the current restriction on 4- stories. SHe added that if that is changed there will be a definite increase in the heights. She reco mmended that the Commission con- sider leaving the maximum to that of the adjacent residential area. Further, that the area of concentration should be on cleaning up the buildings and sidewalks and encouraging the businesses to im- prove the appearance of their buildings and surroundings. Chrmn Peirce stated that it is Commission's primary function to gather public opinion and data and pass iton to the City Council along with Commissions recommendations. Hearing closed at 8:50. Comm Smith stated that the view corridor has not been protected against a property owner's right to build to the maximum limit, and, unfortunately, that precident has gone on for years. He then asked if on the C-potential property on Pacific Coast Highway whether it would affect that property if it is eventually zoned commercial. Mr. Mercado stated yes, assuming that somebody wanted to convert the property to commercial. He added that if the three- story limit was taken off, any C-zoned property would be subject to the 45 feet limit. Chrmn Peirce added that the C-potential zoning is only that, "potential," and it is the Commission•s in- tent to try to remove those particular overlays or second zonings because it seems to be an unfair representation to potential owners that that property is any more likely to be zoned C than any other property in the City. Comm Smith referred to an argument made in Staff Analysis regarding limitations on structures that can be built, i.e. parking cover~ge, he asked what kind of impact this would have on an area where an in- lieu parking setup is being considered. It seemed that if one could buy their way out of providing parking, that parking would not be an effective limitation. He added that staff also indicated that there is a natural cap, i.e. parking, if we took off the third story restriction, but added that he thought a certain part of the City is exempt from that argument. Mr . Mercado responded by say ~ ing that existing structures or bus ines ses were exemp t . He a dde d that the Direcior of Planning's posi tio n is that those b us ines se s already have parking provided by them o r paid,· or VPO , an d a ny new development coming into the are a would have to provide either in-lieu or additional parking. So there is a natural restriction, that being when you finally reach the limit of available parking that can be provided through paid or VPD '. Comm Smith stated that there was no accompanying arguement based o n f a ct , experienc e o r o therwise wh ich proves that if the three- s tory limi t is remo ved that the bu s iness climate in the community wi l l impro ve . Adding , that until some kind of concrete evidence is pro v i ded , he wi l l vote t o leave the Ordinance as is. In answer to Comm Izant's question, Mr. Mercado stated he was not certain of the height of the Flagship Hotel or the Cove Theater, but added that there are certain structures which have been con- sidered for historical preservation which could exceed the existing height limit. • PLANNING COMMISSION ~MINUTES -February 1, 1983 Mr. Mercado also pointed out that provided within the Staff pro- posal, it states that where Commission feels that the obstruction of view is imminent, then that particular project would come to the Commission for review. Comm Loosli stated that in the Pier area, downtown,isn't a view problem but a community character problem. He added that he felt he would vote to keep the ordinance as is. In answer to Comm Strohecker's question, Chrmn Peirce stated that he didn't believe the in-lieu parking issue will be resolved in the near future and will most likely continue for some time. Comm Strohecker stated that he favored forwarding a copy of the minutes to the City Council with in-lieu of parking issue highlighted rather than referring to it directly in the Resolution. Chrmn Peirce stated that Comm Smith.~s comment that new development would go to the 45 feet limit if Commission allows the limit to be 4-stories .was valid and that the general intent of the Ordinance was that it should be a 3-story limit with the 45 feet provision to allow some architectural variance or flexibility, so that all buildings are not of the same type. He continued by saying that with respect to passing this Resolution to apply toevery commercial area in the city he could not support that because the tendancy would be to build to that maximum limit. In light of the foregoing Chrrnn Peirce made a motion, seconded by Comm Izant, to deny the request to eliminate the three story restriction. AYES: NOES: ABS: Brown, Izant, Peirce, Shapiro, Strohecker, Smith, Logsli None None In concert with that motion, Chrmn Peirce proposed the following addition be made to the resolution of denial, "WHEREAS .the four- story limit would encourage the height limit in the· 'VPD and paid parking area." Comm Loosli stated that he thought the wording "would encourage the 45 feet limit .... which would be detrimental to the character of the downtown area. 11 wguld be more appropriate wording. Chrmn Peirce's amendment to the resolution was seconded by Comm Izant. AYES: NOES: ABS: Brown, Izant, Peirce, Shapiro, Strohecker, Smith; Loosli None None. REZONING OF SEAVIEW PROPERTY FROM C-3 TO COMMERCIAL PLANNED DEVELOPMENT Chrrnn Peirce stated that the City Council's desire was for the Commission to delay the conclusion of the particular action be- cause of the City's position involving the title to the property in question. He introduced and read a letter from the Mayor to the Commission requesting the aforementioned non-action. He con- tinued by saying that he felt that the Commission should hold off on this issue and continue the public hearing to a date in the future when the City has a better title to the property. Comm Izant stated that for a variety of reason he disagreed and thought • .Page ::1 PLANNING COMMISSION MINUTES -February 1, 1983 the Commission should act on this issue. Comm Shapiro wanted to know how this item got on the agenda for the Commission. Hr .~:. Mercado .:.:stated that on January 4, 1983 the Planning Commission adopt- ed a resolution of intention to rezone this property. And at the termination of a four-year development Agreement between Charles Gotanda and the City, this land now belongs to the City as of January 1, 1983. Chrmn Peirce added that at that point we ad- vertised the Public Hearing and the City Council then had a meet- ing when they realized Commission was going to consider rezoning the property. Comm Shapiro stated that the letter which was composed by the Planning Director was a very toned-down version of the way the Commission felt on the matter. He thought that the letter was supposed to be a very strong letter of protest. Mr. Mercado answered by saying that staff thought it would be more appropriate to tone it down. Public Hearing was opened at 9:10. After opening the hearing, Chrrnn Peirce withdrew his comment about continuing the public hearing. Betty Rein, 588 20th Street, Hermosa Beach, pointed out that there was an error in the agenda which stated that the proposed zone change was to R-3 not C-3. She asked Commission how the owners of adjacent property had been notified, which Chrmn Peirce had question- ed earlier. Mr. Mercado responded by saying the public hearing was noticed in the newspaper and that staff did not send out personal notice to the property owners within a 300 foot radius. Ms. Rein stated that she felt the nearby property owners should have been personally noticed that the Commission was considering changing the zoning on the property. She added that she didn't feel a public hearing was appropriate at this time because the ownership is still in question. Chrmn Peirce pointed out that it is the title that is in question and not the ownership of the property, as the city owns the property. Ms. Rein still felt, that since the notice did not seem proper, that the hearing was still inappropriate at this time. Chrmn Peirce stated that if the property owners were not notified properly that would inval idate the public hearing because the Plan- ning Department violated one of the City's constraints. He added that although this was advertised as a public hearing, he would close the hearing at this time until it can be readvertised and re-noticed. Michael Osterhoff, attorney for Mr. Charles Gotanda, stated that Mr. Gotanda is contesting the City's claim to the property and also the public hearing. He added that his client learned of the hearing by the notice published in the paper, but he woul d certainly want notice sent to Mr. Gotanda in the future if a new h earing is held. Further, he wanted to inform the Commission that Mr . Gotanda is planning legal action to clear up the title to the property. Comm Izant stated, with respect to the members of the City Council suµprise re the Planning Commission's action, he pointed out that the decision by Commission to hold a public hearing was made out in the open. And he added that he felt it is within the pm-view of the Commission, without direction of the City Council, to establish whether it is their desire to rezone or not to rezone a particular piece of property. Further, that in this case, if it is desire- -• PLANNING COMMISSION MINUTES -February 1, 1983 able to have this property be "Planned Development," as opposed to C-3, it should be decided before the property is sold to be fair to the future owner. Chrmn Peirce stated that the notice was faulty and it was his in- tention to vote for another public hearing, and then report to the City Council what should be done with the property. Comm Shapiro asked if staff had informed the members of the Plan- ning Commission what the status of the property was with respect to what the City Council was doing. Comm Izant replied that staff had advised that it might not be timely to hear this item, but that Commission ·had voted to go ahead with the hearing. Chrmn Peirce asked when the city started the appraisal process on the land. Mr. Mercado responded by saying that the 1a>roces_f? began after the pnoperty became the city's. Comm Strohecker reiterated Comm Shapiro's comment that staff should have given Commission all the background information as to the status of this issue. Comm Brown added that it was his recollection that after the end of the meeting, in Staff Comments or Commission Items, that Chairman Peirce had directed staff to look into the consistency of the zoning re this property. And staff, at that time, suggested to Commission that since the City was in the middle of possible litigation that the Commission should delay any de- cision on this item. It was shortly after that the Commission- ers unanimously decided to go ahead and and pursue the item and hold a public hearing. The hearing was held and then continued. Comm Strohecker stated that wasn't reflected in the minutes. Comm Smith stated that there seemed to be a hint of conflict of interest here. He added that he felt a public hearing was in order but that a resolution would not be. Mr. Mercado stated that it was his recollection that every time Commission considers a rezoning item that it was not necessary to get formal approval from the Council. Chrmn Peirce stated that he would like to talk to the City Attorney and find out if he thinks the change of zoning at this point will have any precedential or prejudical impact with respect to the City's title. Secondly, he wanted a meeting with the Council to explain the Commission's position re the rezoning and to get imput from them as to the reasons behind their letter to the Commission. He added that if Commision decides to rehear this item notice would have to be given for the next meeting which would mean a delay of at least two weeks. Comm Smith suggested the Commission postpone any action as a courtesy to the City Council. Comm. Izant agreed with Chrmn Peirce's proposal. He added that the question which should be considered is, is the City better off having the property zoned C-3 or CPD, since an appraisal is going on and a CPD zoning is worth less than a C-3. He felt it would be unfair to the buyer to change the zoning after he has purchased the property; and out of fairness to the potential owner he would not vote to change the zoning after the purchase. Comms Izant and Brown were interested in attending the meeting that Chrmn Peirce suggested with the Council. Comm Shapiro stated that he didn't understand why two years ago the zoning could have been changed and now that there is a possi- bility that the City owns the property this question now becomes so critical. .. Page 11 PLANNING COMMISSION MINUTES -February 1, 1983 Comm Izant stated that at the time the property went into default the zoning reverted back to C-3, and there must have been an important reason for this reversion. So,in light of that, he wants to exam the reasoning in a timely manner so that a future buyer knows what he is buying. Comm Smith stated on a peripheral issue re the lack of proper notice on the hearing, he felt that in the future the Commission should receive proof of the notice, and perhaps copies of the notices themselves. He added that this was his second request for this. Also he would like a copy of the City's rules re no- ticing public hearings. He stated that a checklist should also be provided so that the Commission will be satisfied that proper notice has been given, as well as all other necessary procedures being fulfilled. He felt that the result would be that a lot more people would have an opportunity to appear for hearings and it would give the commission credibility. Mr. Mercado stated that staff is in the process of preparing a master calander which will list all of the projects and their status. Chrmn Peirce stated that he felt Comm Smith's suggestion had a lot of merit. CONSIDERATION OF REPLACING ALL STREET SIGNS WITH NEW ONES After a brief discussion it was stated that the signs would not be replaced at this time. STAFF REPORTS Mr. Mercado stated that Resolution 083-4, to amend Article 6 and Article 10 had never been signed by the commission, although it had been passed. He submitted it for signature. COMMISSIONER'S ITEMS Chrmn Peirce stated that the Planning Commission Institute Seminar is being held on the 3rd and 4th of March in Monterey. And, since Comms Loosli and Brown had indicated an interest in attending, they should be sure to fill out any necessary forms or applications. Mr. Mercado pointed out that there was an article included in the Commissioner's packets for tonight on Height Regulations for Residential Structures. He added that it was a little dated but it might be of interest. Comm. Brown stated that he read it and found it very pertinant to the issue before the Commission on the 3-story, 45 foot limitation item. Motion by Comm Shapiro to adjourn. MINUTES OF THE PLANNING COMMISSION OF HERMOSA BEACH HELD ON JANUARY 18, 1983, IN THE CITY HALL COUNCIL CH.AMBERS AT 7:30 P.M. Meeting called to order at 7:40 P.M. by Vice Chairman Izant ROLL CALL PRESENT: Comms Brown, Izant, Loosli, Shapiro, Smith, Strohecker ABSENT: Chrm. Peirce ALSO PRESENT: Pamela Sapetto, Planning Director; Ralph Casteneda, TDC Planning APPROVAL OF MINUTES Comm. Smith asked for a clarification on page 2 where it stated" ... 61 per- cent"of the condominiums were owner occupied, adding that it didn't indicate what it was 61 percent of. Vice Chmn Izant said that figure was not available at this time. Comm. Shapiro stated that the comment concerning the definition of "Bed and Breakfast" was taken out of context and thought that this wa.s an incorrect summarization. Adding that it could be an indication of perhaps more serious errors in summarization. It was decided to let the minutes stand as submitted. Motion to approve by Vice Chmn Izant, seconded by Comm Shapiro. So ordered. RESOBUTIONS P.C. 83-1, 83-2, 83-3, 83-5. After a short discussion there was a motion by Comm Strohecker, seconded by Corrnn Shapiro, to pass the resolutions as a group and as reflecting the intent Qf what happened at the last meeting. AYES: Comms Brown, Tzant, Shapiro, Strohecker NOES: ABS: Comms Loosli, Smith REQUEST 'FOR 'lOO FOOT TOWER BY STORER CABLE T.V. AND CUP Ms. Sapetto gave the staff report. She stated that it was the staff's recommend- ation that the Planning Commission consider the item and then continue it to the next meeting so that the necessary General Plan Land-Use Element may be acted upon first.· Further, that the project had undergone an environmental review and was issued a negative declaration. She continued by saying that the project as proposed will consist of a 100 foot tower with microwave antenna for receiving TV signals and will involve the construction 0f two earth-station dishes. It will be located where a portion of an existing building will be removed, with no Storer parking facilities being affected. She further stated that the tower will be constructed of a galvanized-steel framework, to be tri- angular in shape with the base being 12' 8 11 and then tapering to a 4' diame.ter It is to be a needle-type steel structure so as to minimize obstruction of visibility. Safety will be provided by a 15' wall on the north and west sides of the structure, and the tower will be equipped with an aircraft warning light at its peak. Citing the above factors, staff felt that project approval is warranted. Ms. Sapetto further pointed out that at this time there is a con- flict between the General Plan and the Zoning Ordinance as to permitted land use. Based on that conflict it was recommended that, with Commission approval, to change the land-use element of the General Plan from open space first, which would necessitate a public hearing and would postpone project approval at this time. In answer to CommLoosli's question, Ms. Sapetto stated that the legal building height in the city is 45', adding that the tower in question would not be con- sidered a building or habitable structure as defined by the Zoning Code, and Page 2 PLANNING COMMISSION MINUTES -January 18 1 1983 thus is not limited by that code section. Public Hearing Opened. Ron Miller, Representative/Applicant, HCB Construction Management Company for Storer Cable. Mr. Miller stated that as to the discrepancy with respect to the conflict between the zoning and land use, he would address that at a future time. He generally agreed with the comments of staff, and noted that Storer is planning a major improvement of a recently purchased building on Valley, which improvements include a studio, new headend facility, and other general improvements to the cable system. He added that the light at the tower's peak is not required but can be done if Commission feels it necessary. Not- ing further, that the addition of the tower to the system is to upgrade the system itself and is a planned expenditure by Sto~er to improve reception. Comm Loosli pointed out that if the tower was not located at sealevel, as planned, then a 100' tower would not be necessary. Mr. Miller stated that this location was purchased because all of their facilities could be at one location, adding that proximity of the tower to the equipment is very impor- tant. Carl Ossipoff, General Manager, Storer Cable, Hermosa Beach, stated in answer to Comm Loosli question that, according to their survey, a 100' tower was necessary because reception is affected dramatically under 90 1 , He added that channels 50 and 18 were must--carry stations by FCC regulations and that in order to receive them properly the tower must be at least 100', otherwise the picture would be substandard, Mr. Miller stated that the reason for tower's being located on the Valley Drive site was to eliminate amplifiers within the system. In answer to Vice Chmn Izant's question, Mr. Ossipoff stated that the numbers contained in the report attributed to reception at Live Oak Park were read at the tower, without going through the seven amplifiers. Gomm Smith felt that that should have been stated in the report. In answer to Vice Chmn Izant's question, Mr. Ossipoff stated that Storer had a 15 year franchise from the city which expires in 1992. He added that the cost increas@were written into the franchise with a guaranteed increase of 75 percent of the Consumer Price Index (CPI). Comm, Smith wanted to know if there is any stipulation in the franchise for special pass-on increases. Mr. Ossipoff stated that there was, but that it involved City Council approval. He added that there is a proposal before the City Council at this time based on the 75 percent CPI provision. Comm Shapiro asked if in the future the state-of-the-art witn respect to towers changed so that a smaller tower would do the same job, would Storer be willing to replace the 100' tower without passing the costs on to , the con- sumer. Mr. Miller stated that they might, Comm Smith stated that he was concerned that 100' tower will be located next to a school and trailer park and wanted to know if the tower would be up to seismic standards. Mr. Miller stated that the towers are idesigned to the Uni- form Building Code (UBC) with a safety factor of 2. The foundation is done with drilled piers going down 25 to 30 feet, with reinforcing steel held down by high-strength anchor bolts. Adding futher that it is designed by a California State licensed engineer,and it is designed to withstand the seismic forces des- cribed by the UBC then doubled. Vice Chmn Izant asked what the City's lia- bility would be if the tower did not withstand an e~rthquake. Ms. Sapetto Page 3 PLANNING COMMISSION MINUTES -January 18, 1983 stated that the structure has to conform with the UBC and if it passed in- spection with respect to that code, the liability would fall on the owner and engineer and natl, the City. Adding however, that the City would probably be named in any resulting lawsuits, Vice Chmn Izant noted that the proposed cable would be of a 1/2' type and asked whether a larger cable would require less amplification and thus would eliminate the need for such a large tower. Mr, Ken Gromberg,Storer Repre- sentative, 19401 Pruitt Drive, Torrance, sta~ed that that was correct, but that Storer would still have the problem of dual locations, There being not further testimony the Public Hearing was closed, In answer to Vice Chmn Izant's question Ms Sapetto informed the Commission that the hearing tonight was not advertised generally to the public, but was a mailed-notice hearing with those persons within a 100' radius of the proposed building site being notified, To the question of the conflict of land use and zoning, she stated that the open space zoning belongs where the public school site exists and not where there has been a continued use of the property by private persons. Adding that what is important at this time is to decide about the future land use of the site and whether the Commission wants the site to continue to be for a manufacturing use, After deciding that the Commission can decide if the structure is appropriate for that site and whetheLit. falls within the zoning regulations. Additional, an EIR might be of assistance to the Commission in its consideration of the issue in con- flict. Motion by Comm Strohecker, seconded by Comm Smith, to continue the Public Hearing on the Storer request until after such time as a Public Hearing can be noticed on the change of the land use element of the General Plan in the area at issue, and the completion and submission by Storer of a focused EIR on the proposal before the Cormnission. AYES: NOES: Comms Izant, Loosli, Shapiro, Smith, Strohecker Comm Brown TilIB :EXTENSION .OF .TENTATIVE MAP 40578 AND CUP LOCATED AT 1833 PACIFIC COAST ·HIGHWAY Ms. Sapetto presented the staff report and stated that it was the staff's recommendation that the resolution be app~oved by the Commission, She added that,~on request of the Commission at their last meeting, the owner of the property was present to answer Commission's questions, She added that staff, after appropriate research, determined that the applicant had the legal authority to request the extension.In answer to Comm Smith's question, Ms, Sapetto said that this would be the one and only extension allowed; however, the applicant could reapply and present the project again as a new project. Comm Loosli asked for a definition of "substantial building". Ms, Sapetto stated that the City Attorney defined vesting of rights as being after the point of breaking ground.and that it would have to be at the point of the land having been graded. Public Hearing was opened. James Lynch, 4345 Mariota Avenue, North Hollywood 91602, applicant, stated that the reasons for his request were because of the current economic con- ditions and how they adversely affect interest rates and short-term loans Page 4 PLANNING COMMISSION MINUTES -January 24, 1983 with respect to construction. He felt that within the near future, with the interest rates coming down, that the market would be good for this pro- ject. In answer to Connn Loosli's question he stated that the project was the same as it was originally submitted but that there could be some changes. Ms. Sapetto added that, technically, any change would require Plann~~g Connnission approval with the approval being focused on the specific change. Motion by Comm Smith, seconded by Connn Brown, to approve the Resolution as presented; approving the time extension for Tentative Tract Map Number 40578, located at 1833 Pacific Coast Highway. AYES: NOES: ABS: Comms Brown, Shapiro, Smith Comms Izant, Loosli Comm Strohecker There being a tie vote, further discussion was held with the result being, that since the project itself had been previously approved and that tonight's vote went only to the extension of time, Comm Strohecker changed his vote, with the final vote being: AYES: NOES: Comms Brown, Shapiro, Smith, Strohecker Co1llllls Izant, Loosli REVISED HOUSING -ELEMENT OF THE GENERAL PLAN Mr. Casteneda presented the staff report. He stated that staff has followed the format and framework approved by the Commission last year, and pursuant to that he submitted sections 4 and 5 in draft form. He noted that it is not ready for approval at this time, but is intended to prompt reaction and connnent to give aid to staff in completing the final document. He stated that section 4 deals with the use and function of the housing ele- mentand application of the element in the future. Section 5 deals with hous- ing needs, including, existing housing supply, the amount of new housing that may be needed in the connnunity, various p9pulation characteristics, as well as, the issue of affordability. Issue of illegal and bootleg housing are also focused on, along with statistics on deteriorating housing. Additional items deal with senior citizens and other population groups; and with re- lationship of income to the amount of housing costs. He added that at the present time staff has no specific number or locations with respect to the illegal/bootleg housing. He continued by saying that the information dealipg with the quality of housing is based on a survey done 4-1/2 lfears ago, and they used those statistics and applied those figures to the city population as a whole to extract an estimate of what the conditions are citywide. Finding further that about 1,000 housing units might be in need of major repairs. Major repairs include work costing in excess of $2,000.00 With respect to the amount of new housing needed, he noted that the sta- tistics and figures were supplied by the regional agency (SCAG) to the city, and they can be revised by the city in consultation with SCAG. He stated further that by state law the agency is to supply thse figures to the city. The figures used are based on the latest statistics supplied by SCAG; however, SCAG is, at this time, in the process of revising those ~igures based on the 1980 census data. He added, that as soon as the new figures are available they will be brought to the Commission. Page 5 PLANNING COMMISSION MINUTES -January 18, 1983 Furthermore, the number of new housing that might be needed, based on these figures, is within the amount that could be built based on the existing land use element. Noting that, subsequent sections to this element will allow the Commission to indicate whether or not they feel that in the next 5 years that amount of housing can be built. He continued by saying that the Connnission is not bound to the total need figure, but they can select a figure they find is necessary in the next 5 years. In answer to Comm Loosli's question, Mr, Casteneda stated that the City is bound by law to use the SCAG figures in their plan, but there is a time period that the City can work with SCAG to come up with revised figures that the City can work with that they feel is more generally reflective of the situation in their particular city. Further, that in subsequent sections of the Plan, the City can indicate that this is the amount of needed housing that can be built based on consideration of environment, congestion, etc., and can limit the number currently allowed, so the City would not be required to up the density by zone changes, etc., in order to meet the SCAG figures. Additionally, the number of new housing stated in the plan would be the bottom line number that can be huilt, and need not be the same as the amount of housing that theoretically SCAG has indicated. Noting further, that this is a continuous issue in most communities. Comm Loosli noted that considering the way the SCAG figures are arrived at, that as housing needs grow, so will the SCAG figures and cities will continuously be required to provide new housing to acconnnodate the p~pu- lation growth without regard to population density. Mr. Casteneda continued by saying that the element also must provide in- formation on various populations groups with special needs, i.e., senior citizens and female heads of households, And the information supplied in this draft is based on the 1980 census, With respect to the afford- ability item, he explained that it was measured in terms of the amount housing costs in relation to income. He added that the information supplied in that regard was also from the 1980 census. Comm Loosli stated that he was concerned about the conflict between the housing element in the section on new housing and the land use ele- ment. He added that he thought the General Plan should specifically state which has superseding authority. Vice Chmn Izant agreed. Mr. Casteneda said that as a general rule the land use element drives the housing element unless otherwise stated. Vice Chmn Izant stated that in section 5, first paragraph, he didn't feel that "needs" and "conditions" were one in the same. He suggested that staff specifically list both the needs and the conditions that affect those needs. He suggested further that in regard to the SCAG recommendations on the bottom of page 4, last paragraph, that the word "should" should not be used. Also on page 6, he asked if "household growth" meant what the City wants to happen over the next 5 years or if that was someone's opinion as to what is going to happen. Mr. Casteneda said it was an opinion. Vice Chmn thought that it should be stated as such. Page 6 PLANNING COMMISSION MINUTES -January 18, 1983 Comm Strohecker suggested that on page 2 of the draft the wording should be changed from deteriorating housing which could be brought up to standard to . "should" be brought up to standard. Also as to bootlegs, there should be some dialogue as to what the City proposes to do about it. Comm Brown stated that he thought there should be more imput from the community as to what the actual needs of the city are. Comms Smith and Loosli suggest the issue of down-zoning be addressed in the element. Mr. Casteneda explained that the replacement of lost inventory number d.s on a one-to-one replacement. Comm Smith thought that that number should reflect actual past experience, i.e., when a building is torn down, is it usually replaced with a single-family dwelling or a multiple-family dwell- ing. Vice Chmn Izant suggest that the title of section 5 be changed from "needs" to "goals." Mr. Casteneda explained that as this plan gets into the Public Hearing phase it would reflect more public imput. Also he pointed out that upon completion the growth issue will be consistant with the land use element. CONSIDERATION OF REPLACING ALL STREET SIGNS WITH NEW ONES COLORED BLUE .AND WHITE The staff report was given by Ms. Sapetto. She stated that at the Commission's suggestion it has been put on the agenda for discussion, adding that only a minimal amount of research has been done on the issue at this time. However, staff did find out that repainting the signs is not a possibility because of the reflective nature of the signs. Additionally, the cost factor for re- painting would not be economically feasible, in that it outweighs replacement cost. Replacement cost is approximately $40,000.00. She added that if it is the consensus of the Commission to investigate further, staff will in- vestigate further into costs and repercussions. Gomm Shapiro stated that he belives at this time the signs are replaced on a rotating basis, and suggested that the next time an area is replaced they be of the new blue and white, thereby it would not require expenditure of any new funds. He added that it should not be done on a sporadic basis. Public hearing was opened, there being no testimony, hearing was closed. Vice Chmn Izant suggested that the Commission make a determination if they want the staff to pursue this issue further. Comm Brown was in favor of replacement if it is done on a rotational basis and it doesn't require extra funds. He suggested that the Traffic Division of the Public Works Depart- ment provide commission with some statistics on what would be a more appropriate color and perhaps give the Commission some choice as to colors. Comm Loosli stated that the color should not be chosen solely on its visi- bility factor, but that eBthetics should be considered. Comm Smith stated that because of the numbers of tourists who visit the City, image enhance- ment should be co~sidered. However, a special expenditure shouldn't be used. ./ . Page 7 PLANNING COMMISSION MINUTES -January 18, 1983 At Comm Strohecker's suggestion, Ms. Sapetto stated that she would find out if replacement is done on a rotating basis and what the time period will be for total replacement. STAFF REPOB:TS Ms. Sapetto stated that there is a seminar scheduled by the League of California Cities in Monterey, and inquired whether any of the commission- ers would be interested in attending. Connns Brown and Loosli said that they might be able to attend. She also noted there was an upcoming meeting of the Southwest Area Planrr ning Council on Friday, January 28. 1983. Motion to adjourn at 10:55 CERT! FI CATI ON I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the ____ day of ___ _ 1983. SPEIRCE , CHA IRM AN JOEL SHAPIRO, SECRETARY DATE r , MINUTES OF THE PLANNL.~G COM1ISSION OF HERMOSA BEACH HELD ON JANUARY 4, 1983, IN TIIE CITY HAU. COUNCIL CHAMBERS AT 7: 30 P .M. Meeting called to order at 7:55 P.M. by Chnn. Peirce ROI.L CALL -PRESENT: Conrns. Brown, Izant, Shapiro, Strohecker, Chnn. Peirce ABSENT: Conrns . Loosli, Smith ALSO PRESENT: Panela Sapetto, Plarming Director; Ralph Casteneda, TDC Planning Corrm. Shapiro arrived at 8:05 P.M. ' APPROVAL OF MINUTES Motion by Corrm. Izant, seconded by Corrm . Strohecker, to approve the Decerrber 7, 1982, minutes, noting the misspelling of Corrm. Strohecker' s name. No objections . So ordered. ------- REVISED HOUSING EIH1ENT OF THE GENERAL PLAN Mr. Casteneda gave staff report. He stated that the Planning Conmission reviewed a preliminary work program in Decerrber for working on t..he Housing Elerrent so t."1.at it may be conpleted in May or Jtme. At that tine, the Conmission was offered to follow the framework of an outline which was approved by the Planning Conmission in March, 1982. There was concurrence at that tine that the frmrework could be used and that the Elerrent should be produced in stages with one or two sections being reviewed and revised. He stated that the first three secticns up for review were the General Plan Authorization, the Staterrent of Philosophy, and the Statemmt of the City's Role in Housing . The first section indicated that the Elenent is a required elem:nt o f the general p lan, and the City is g o ing forth with this pursuant t o local nee ds as we ll as coup lying with the Govemrrent Code. He stated tha t the Planning Corrrni ssion and the City Cotmcil are authorized and required to deal with the question of Housing. The second section covers much material borrowed from the first Elenent draft in 1979, the LCP Housing draft as well as comnents made from time to tine. One of the keys is if the city does get involved in the area of low-and m:>derate-income housing, it would be for senior citizens and for the use of local resources only. This statenent reflects the philosophy at this point in tine. The other philosophy is the philosophy of supplementing the private sector rather than direct involvenent in supplying housing. A third item would be the prom:>tion and expansion of home ownership opporttmities and retaining as diverse a housing envir~nt as possible. The City has identified three roles in housing, one of them not being the direct provision of housing assistance or housing subsidies. The City's role in Housing is one of developers, investors, human service organizations, etc. In terms of its responsibility in the Land Use regulation, there will be a regulatory role that will provide positive incentives to the housing sector that will not bind the production of housing or the delivery of housing. The third role is one of facilitating and addressing housing needs to the extent that they exist primarily by fostering local ways and means. He stated that these are surrmary staterrents -( PLANNING Ca1MISSION MINUI'ES -January 4, 1983 Page 2 REVISED HOUSING ELEMENT OF THE GENERAL PLAN (Cont.) arid, fri part, reflect sorre of the sentimmt e:zj>ressed in previous housing docurrents as well as testimmy. He added that the intent of the draft is for review and evaluation. He requested guidence from the Corrmission. Chrrn. Peirce asked for the titles of the next two sections that would be up for discussion. Mr. Casteneda replied that the next two sections would deal with the functions of the Eletrent, that is , how the docl.lIIalt would be used. There will also be a section on Housing need. He added that those two sections should be discussed at the rreeting of January 18, 1983. Chnn. Peirce inforrred the audience that the Housing Elerrent had nine sections, three of 'Which were up for discussion at this tine. Public Hearing opened at 8:07 P.M. and continued until January 18, 1983. REVISIONS TO THE CON!Xl1INIUM CONVERSION ORDINANCE Mr. Casteneda gave staff report. He stated that on Decenber 7, 19 82 , the Planning Comni.ssion reviewed several ways in 'Which the existing condominium conversion ordinance could be changed. The City Council had reviewed the docurrent and asked that it be returned to the Cormri.ssion for further input. The Corrmission at that tine cane to five key decisions. The first was that it was not necessary to control the rate of conversion activity in the City on the basis of vacancy rates or the annunt of new residential construction. It was felt rather that the yearly private applicant interest should be the inain factor affecting conversion activity in the City. With respect to developrrent standards, there was discussion on 'Whether s ome deviation from existing standards ought to be allowed. The Comnission reaffirrred the ir p osition that the existing property developrrent standards should exist and that deviations should not be cast in ordinance language, rather that the Planning Corrmission could evaluate each project based on its rrerits. A third decision was to reaffirm a previous Conmission desire to eliminate the conditional approval section of the current ordinance. A fourth decision was to eliminate the inposition of any fee in relation to the approval of a conversion project . . A fifth desire was to request that a resolution reflecting the four previous decisions as well as the previously adopted resolution be developed. Such resolution was attached to the report. Additional background infonnation was supplied, dealing with conversion ordinances as they might take place in surrounding commmities. He noted that the issues of ownership benefits in terms of condominium conversion and the fact that all condominium convers ions do not end up owner occupied were brought up at the last rreeting. In 1980, 61 percent of the condominium conversions were :owner occupied; 39 percent, renter occupied. In 1980, there were 96 00 h o using units. 67 percent were r enter occupied, and 33 percent were owner occupied . Of the 9600 housing units in the city in 1980, there were 4100 housing units that we r e s ingle family detatched structures, 'Which was 42 percent of the entire housing supply. 35 percent of the 4100 single family detached structures were renter occupied, and 65 percent were owner occupied. Public Hearing opened at closed at 8:16 P.M. ,. PLANNING COMMISSION MINUTES -January 4, 1983 Page 3 REVISIONS TO THE CONro1INIUM CONVERSION ORDINANCE (Cont.) Comn. Izant noted that there was an error in the proposed resolution. In the resolved secticn, it stated that the Planning Conmission recomrend to the City Council that they delete Section 29Al4 of the Condominium Ordinance. Ms. Sapetto stated that it should be corrected to read Section 9.5-51. Motion by Conm. Izant, seconded by Chnn. Peirce, that the Planning Comnission recOIIlIEnd to the City Council that Section 9.5-51 of the Condominium Conversion Ordinance be eliminated. Comn. Izant stated that rrost of the Corrmissioners had expressed the opinion that a conversion should rreet the standards. Therefore, there is no need for a set of standards that ultimately does not benefit the city or its residents. AYES: NOES: ABSENT: Conms. Brown, Izant, Shapiro, Strohecker, Chrrn. Peirce None Conms. Loosli, Smi.th Motion by Chrnn.. Peirce, seconded by Cornn. Izant, to approve Resolution P .C. 83-1, as submitted by staff with the correction that Section 29Al4 should read Section 9 .5-51. AYES: NOES: ABSENT: Comns. Brown, Izant, Shapiro, Strohecker, Chrrn. Peirce None Comns. Loosli, Smi.th CONCEPTS OF BED & BREA.1<FAST ESTABLISHMENTS IN THE CITY Ms. Sapetto gave staff report. She stated that staff recomrended that the Conmission review the idea of alloong bed & breakfast in the city. She stated that the City Council requested that the Comni.ssion review this item because they anticipate a demand for lodgings during the 1984 Olympic games. They requested that the concept of bed & breakfast be explored to detenni.ne whether or not it is suitable for the City of Hermosa Beach. The Board of Zoning Adjustn:e:its had filed a mitigated negative declaration. Those mitigations were the follCMing: 1. to place a limit on the size of the houses that would be allowed to be converted to bed & breakfast; 2. to prohibit bed & breakfast for rent rooms in the residential zones; 3. to require that parking be provided to accoIIDdate the bed & breakfast use, and; 4. to allow bed & breakfast only under and conditional use pennit process. She noted that, through a survey of other cities, rrost hones that offer bed & breakfast for rent rooms have an average of four to six rooms. They normally provide only a breakfast rreal, and they have no cooking facilities. They are allowed only in the corrnercial zones and high density residential. She noted that, at this tine, Herrrosa Beach has limited accom::,datioos for town visitors. According to the general plan, approximately 1 percent of the accorrodations is used for this purpose. She stated that the benefits to the city, if the proposal were adopted, would be through the 1984 Olympics and through business licences, bed tax, etc. She cautioned the Corrmi..ssion to consider that most cities that have bed & breakfast are PLANNING COMMISSIOO 1-mru:rns -January 4, 1983 Page 4 CONCEPTS OF BED & BREAKFAST ESTABLISHMENTS IN THE CITI (Cont.) tourist-oriented on a year-round basis. She stated that a sunset clause may be considered whereby the bed & breakfast may operate until the Olynpics are conpleted. She stated that the Comnission mJSt also detennine which zones should be allowed to offer bed & breakfast. She stated that if they were allowed in cormercial zones only, it would preclude residents from capitalizing on the idea of bed and breakfast. If they are permitted in high density residential zones, nnre residents would be eligible; however, there would be complaints of the intrusion of nonresidents on a ten:porary basis. She noted that the roost appropriate zone for bed & breakfast would be the R-1 zone. If the City allowed the conversion of residences for bed & breakfast, staff recormended a minirrun square footage requirenent be imposed to limit the nurber of eligible units. The recomrended square footage for the R-1 zone was 3,000 sq. ft.; R-2 zone, 2,750 sq. ft., and; R-3 zone, 2,500 sq. ft. This would limit the eligible units to 5 percent of all units in the City. Public Hearing opened at 8: 30 P .M. Violette Isgreen, 726 Prospect Avenue, He:rnnsa Beach, agreed with the points brought up in the staff report. She urged the Corrmi..ssion to consider what it would cost the City to adopt such a project. Public Hearing closed at 8:31 P.M. Chnn. Peirce stated that it would be highly desirable to provide additional housing for the Olympics; however, he did not believe that the bed & breakfast was the proper solution . He stated that there would be a potential for bootlegs, it would be hard to regulate, and the roost desirable area is R-1. He recomrended that the Planning Comnission give a negative declaration to the City Council, and instruct staff to follow the problem in the following fashion: that the City set up a referral service, and the City would act only as an information center, and that the City establish a list of persons wishing to provide a room, and that the City only act as a clearinghouse of information. He reconmmded that it would not be limited to R-1, R-2, or R-3. It would cover a period of only two weeks. Corrm. Brawn believed that bed & breakfast, for the purpose of the Olyrrpics only, would not be worth the tiIIl= and trouble. He, too, stated that it would be a potential for bootlegs. Corrm. Shapiro asked for a definition of bed & breakfast. Conm. Strohecker replied that it is the renting of a room with the service of an uncooked breakfast. Motion by Coom. Izant, seconded by Corrm. Strohecker, to recomrend to the City Council that the bed & breakfast ordinance not be established for Herrrosa Beach. AYES: NOES: ABSENT: Comns. Brawn, Izant, Shapiro, Strohecker, Chnn. Peirce None Corrms . Loosli, Smith PLANNING CCM1ISSICN MINUI'ES -January 4, 1982 Page 5 CONCEPTS OF BED & BREAKFAST ESTABLISHMENTS IN THE CITY (Cont.) Motion by Comn. Izant, seconded by Chnn. Peirce, to approve Resolution P.C. 83-2, that is, to den7. the bed & breakfast concept, and to add the wo rds "year round" after the word 'sufficient" in the second WHEREAS and to end the second WHEREAS with the word "acconodation." AYES: NOES: ABSENT: Corrms. Brown, Izant, Shapiro, Strohecker, Chnn. Peirce None Corrms . Loosli , Smi. th Motion by Cornn. Izant, seconded by Conm. Shapiro; that the Planning Connrl.ssion recormend to the City Council that they contact the Charrber of Cormerce or any other body that they so deem appropriate to acconodate for those residents and those visitors who might wish to establish terrporary residence solely for the duration of the Olyrrpics in Herrrosa Beach. So ordered. Comn. Strohecker stated that the Comnissirn should not reconmmd the above notion. He stated that it could be suggested to the Charrber of Connerce, but not to get the City involved. Chnn. Peirce stated that the above notion is a far better way of handling the housing crisis than the bed & breakfast. Cornn. Izant stated that the intent of the recormendation was to have the City Council investigate sorre alternatives to ultimately provide sane sort of clearinghouse. Havever, it is also intended that the City Council not becoire directly involved for a variety of reasons . Cornn. Brown believed that the Connrl.ssion should not be using the word "clearinghouse." AMENDING ZONING CODE BY REDEFINING/DEFINING THE TERMS HOI'EL, MOTEL, BOARDING HOUSE, AND ROCMING/LODGING HOUSE AND BY DETERMINING THE APPROPRIATE ZONES FOR THESE USES Ms. Sapetto gave staff report. She stated that the Board of Zoning Adjustnents has considered this project via a PEIR, and they detenni.ned that there is not a significant effect on the environmmt with certain mi.tigation neasures. This is known as a mi.tigating negative declaration. This is provided that a conditional use permi.t be required for boarding houses and rooming/lodging houses if they are allowed in the R-3 zones. She stated that, basically, the city is incorporating a definition for a hotel and a definition for a notel. At this tine hotels are allowed in C-2 and C-3 zones; motels, C-3 zones. Currently a rooming house or boarding/lodging house is allowed in corrm:rcial zones. It is nCMT being suggested that they not be allowed in the cormercial zones, that they be allowed in R-3 zones only. The reason for that is due to the fact that they are to acconodate people on a long-tenn basis. C~QPr Chnn. Peirce requested that the new law of ~ be provided at the next rreeting. ~~-Public Hearing opened at 9:00 P.M. and closed at 9:01 P.M. PLANNING COMMISSION MINUI'ES -January 4, 1983 Page 6 AMENDING ZONING CODE BY REDEFINING/DEFINING THE TERMS HOI'EL , MITEL , BOARDING HOUSE , AND ROCMING/LODGING 'HOUSE AND BY 'DETERtfilITNG THE APPROPRIATE ZONE S 'FOR THESE USES (Cont . Motion by Conm. Izant, seconded by Comn . Shapiro , that the Planning Comnission recoIIIIEnd to the City Comcil that the definition changes be ma.de for defining notel, hotel, boarding house, and rooming/lodging house and that they be forwarde d to the City Comcil and that Articles ·2 and 11.5 of the Zoning Code be nodified. AYES: NOES: ABSENI': Comns. BrCMn, Izant, Shapiro, Strohecker, Chnn. Peirce None Gorans. Loosli, Smi.. th Motion by Conm. Izant, seconded by Conm. Shapiro, that the Planning Comnission adopt Resolution P.C . 83-3. AYES: NOES: ABSENT: CoillllS. Brown, Izant, Shapiro, Strohecker, Chrrn. Peirce None Comm . Loosli, Smi.. th Motion by Cornn. Izant, seconded by Conm. Shapiro , that the Planning Corrmission recormend to the City Comcil that Article 6 of the Zoning Code be trodified t o include new definitions of boarding house, rooming house, and lodging house and their pennitted uses and that the sane appropriate changes be ma.de to Article 10. AYES: NOES: ABSENT: Corrmg. BrCMn, Izant, Shapiro, Strohecker, Chml . Peirce None Corrmg . Loosli , Smi.. th Motion by Conm. Izant, seconded by Cornn. Shapiro, to adopt Resolution P .C. 83-:-4. AYES: NOES: ABSENI': CoillllS. BrCMn, Izant, Shapiro, Strohecker, Chrrn. Peirce None CoillllS . Loosli , Smi.. th TIME EXTENSION OF TENTATIVE TRACT MAP ffa405 78 LOCATED AT 1833 PACIFIC COAST HIGHWAY Ms. Sapetto gave staff report. She stated that the word "public" should be deleted from the first WHEREAS in Resolution P.C. 83-. She stated that it had been requested by the app licant tha t this item be extended for another 12-m:mth period . She clarified the staff report by saying that the city has always allowed the conditional use p ermit to run with the tentative map, although it was n o t c larified at the t~ that the conditional use permit should rm with the tentative map. She believed, however , that if the Corrmission extended the t entative map, they would b e extending the conditional use permit. She did not believe that it was appropriate to req uir e that a conditional use permit be requested again. Crum.. Peirce asked for the relation of Adolph Janes to Jim Lynch. He stated that there is no information to that effect. PLANNING COMMISSION MINUI'ES -January 4, 1983 Page 7 Til1E EXTENSION OF TENTATIVE TRACT MAP #405 78 LOCATED AT 1833 PACIFIC COAST HIGHWAY (Cont. Ms. Sapetto stated that the city had tried to contact Mr. Janes, but they received no response. She noted concern for not having an owner's affidavi. t. Chnn. Peirce reco:mrrended continuing this item for two weeks. At that tine, he wished to see the applicant's plans. So ordered. Corrm. Strohecker asked if there had been any significant Code changes in the last two years. Ms. Sapetto replied that there had been no significant Code changes for the construction of connercial planned developm:nt. Chnn. Peirce requested that staff submit all backgrotnd infonnation regarding this item. STAFF REPORTS . Chnn. Peirce stated that there is a section of the Zoning Code which allows comrercial planned developrrent. The Planning Corrmission had reconnended that the Thorrpson and Priamos properties be included in that section. The City Council had decided that the straight C-3 zone should be voted in. A Resolution of Intention was made, rezoning Seaview Inn to comrercial planned developm:nt. He believed that the designation was incorrect. He reconnended holding a pub lie hearing to rezone the property. Motion by Chnn. Peirce, seconded by Conm. Izant, to adopt Resolution P:C. 83-5, which is a Resolution of Intention to hold a public hearing to consider rezoning the Seavi.ew property to corrrrercial planned developrrent. The word "Gotanda" should be deleted from the title. The"%" sign is to be deleted from the second WHEREAS. AYES: NOES: ABSENT: Conms. Brown, Izant, Shapiro, Strohecker, Chrrn. Peirce None Cornms . Loosli , Smi. th Ms. Sapetto stated that included in the packet is infonnation regarding the three condominium conversion projects. Chnn. Peirce asked when the Planning Conmi.ssioners Institute will be held. Ms. Sapetto replied that she had received no infonnation; however, she noted that she would provide the dates. Chnn. Peirce stated that he attended the City Council rreeting which covered the parking on Pacific Coast Highway. He stated that a previous consultant to the City gave a presentation on parking, traffic flow, gra,;,th of data for parking spots, etc. They declared that the State would take no action to eliminate parking on Pacific Coast Highway if the city did not agree. He felt that it was tine to gather data on circulation and present it to the City Council and make a PLANNING COMMISSION MINUTES -January 4, 1983 Page 8 STAFF REPORTS recommendation concerning areas which should be changed. He believed that the largest impact would be to eliminate parking on Pacific Coast Highway in the south end of town. This would mitigate traffic on Prospect, Valley, Manhattan, and Ardmore. Comm. Strohecker stated that the way to mitigate traffic on the side streets is there should be stop signs at every block with a miniumum speed limit of 15 m.p.h. However, he noted that this would be to the detriment of businesses on Pacific Coast Highway. Comm. Izant felt that the City would ultimately be forced by the state to remove that parking. He felt that a third lane will be forced in the south end of town. He felt that creative solutions such as a northbound third lane or hopscotch pocket parking were necessary to protect the merchants on Pacific Coast Highway. Chmn. Peirce requested that staff categorize the parking in the south end of town and provide some recommendations of how the City can help the merchants. So ordered. Ms. Sapetto gave staff report on the general plan/rezoning hearings. She stated that the Land Use Element should be reviewed at this time. She stated that the Land Use Element had not been amended since 1970. She stated that a work schedule will be prepared in order to update the element. She noted that one concern was what would be the result of changing the Land Use Element. COMMISSIONER' ITEMS Comm. Shapiro inquired about the meaning of the flags in the Council Chambers. Ms. Sapetto stated that she would investigate the meaning of the flags, Comm. Shapiro requested a reply from the City Council regarding his recommendation of painting the street signs blue and white. Ms. Sapetto explained that the process to request an action from the City Council on this matter would be through a Planning Commission recommendation, Comm, Shapi"ro could request that the project be placed on the Planning Commission agenda, Comm. Shapiro requested that the item be placed on the next Planning Commission agenda. Chmn. Peirce stated that he would not be able to attend the next Planning Commission meeting, Motion to adjourn at 9:45 P.M. PLANNING COMMISSION MINlJrES -January 4, 1983 Page 9 CERTIFICATICN I hereby certify that the foregoing minutes were approved at a regular n:eeting of the Planning Conmission held on the ____ day of _______ , 1983. JAMES PEIRCE, CHAIRMAN SECREI'ARY DATE CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular meeting of the Planning Commission held on the ___ day of 1~3. ----- --=-=""=,.......,,...=:-=-=-----:~=-=-=-=-:-:-----~ -. -JAMES PIERCE, CHARIMAN JOEL SHAPIRO, SECRETARY DATE