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HomeMy WebLinkAboutPC_Minutes_1991_09_17MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON SEPTEMBER 17, 1991, AT 7 :00 P.M. IN THE CITY HALL COUNCIL CHAMBERS Meeting called to order at 7:00 P.M. by chmn. Ketz. Pledge of Allegiance led by comm. Peirce. ROLL CALL Present: Absent: Also Present: comms. Di Monda, Marks, Peirce, stifano and Chmn. Ketz None Michael Schubach; Planning Director, Edward Lee, Assistant city Attorney; Sylvia Root, Recording secretary CONSENT CALENDAR MOTION by comm. Di Monda, seconded by comm. Peirce to approve the following consent calendar items: Minutes of the following change: chicken grease." September 3, 1991 Planning commission meetings with the Page 9, section E, " ... will emit combustion byproducts and Resolution P.C. 91-41, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING A TEXT AMENDMENT TO REQUIRE RELOCATION IMPACT REPORTS FOR MOBILE HOME PARK CONVERSIONS OR CLOSURES AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Resolution P.C. 91-50, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A REQUEST FOR AN EXCEPTION FROM SECTION 13-7(B) OF THE ZONING ORDINANCE TO ALLOW AN ADDITION TO AN EXISTING NONCONFORMING STRUCTURE TO EXCEED 50% OF REPLACEMENT VALUE AT 248 27TH STREET. Resolution P.C. 91-54, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING AN AUTO BODY REPAIR AND PAINTING ESTABLISHMENT AND ADOPTING A NEGATIVE DECLARATION FOR 1231 PROSPECT AVENUE. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Marks, Peirce and stifano . None chmrn. Ketz None COMMUNICATIONS FROM THE PUBLIC Mr. Richard Sullivan, no address given, stated typical CUP, section 3 states CUPS are subject to review, if needed. He stated differences exist for body shops within the city and requested a review of the CUP -for Felder's Auto, requesting the Planning commission review the lack of standardization in issuing CUPs. Mr. Sullivan then defined what he felt were the differences. He feels CUPs should be standardized. chmn. Ketz suggested Mr. Sullivan write a letter to the Planning commission staff outlining his complaints, to which he agreed. 1 P.c. Minutes 9-17-91 PUBLIC HEARING CON 89-5 REQUEST FOR APPROVAL OF A VESTING TENTATIVE PARCEL MAP #20755 FOR A 2-UNIT CONDOMINIUM AT 345 MANHATTAN AVENUE, AKA 120 4TH STREET. Recommended Action: To approve said Vesting Tentative Parcel Map. Mr. Schubach stated Staff is recommending approval of a request to reinstate a Tentative Map which had been previously approved, but is currently expired. The condominium uni ts have been completed in conformance with Condominium Requirements and Standards and are currently rented. comm. Di Monda asked if the building was constructed in compliance with the ,99 CUP, to which Mr. Schubach responded, "Yes." Public Hearing was opened by Chmn. Ketz at 7:12 p.m. Mr. Perry Herwood, 2-unit condominium property owner, stated he was not aware of the CUP expiration, having been misinformed by the firm he had hired to complete packaging the project and to complete the associated paperwork. He is now resubmitting the parcel map for approval. comm. Marks discussed with Mr. Herwood the responsibilities of the firm hired and the problems experienced. Comm. Peirce discussed the map's inaccuracies with Mr. Herwood, establishing that it was not a final map. Mr. Herwood stated the condominiums are being leased rather than sold due to the bad real estate market. Public Hearing closed by Chmn. Ketz at 7:17 p.m. MOTION by comm. Di Monda, seconded by comm. Peirce, to approve staff's recommendation. AYES: HOES: ABSTAIN: ABSENT: Comms. Di Monda, Marks, Peirce, stifano, Chmn. Ketz Hone None None CUP 91-5/PDP 91-7 CONDITIONAL USE PERMIT, TENTATIVE PARCEL MAP #22886, AND PRECISE DEVELOPMENT PLAN FOR A 2-UNIT CONDOMINIUM AT 143 MANHATTAN AVENUE. Recommended Action: To approve said request conditional Use Permit and Tentative Parcel Map. Mr. Schubach stated staff submitted to the commission supplemental information, revised plans which indicated a north elevation and less than 65% lot coverage. Therefore, Staff recommends changes in the recommended conditions as follows: 2A regarding the lot coverage, and 2B, first sentence, regarding submittal of a north elevation. He stated an alternative of continuing until October 1, 1991 would allow the Commission to review the revised plans. Mr. Schubach then discussed the lot, landscaping, proposed structures and the staircase within the structure, noting the basement complies with code, copies of which had been provided to the Commission. staff recommends the revised ·landscape plans be approved by the Planning Director. Mr. Schubach asked that the project architect explain the staircase plan during this meeting to eliminate the need for revised plans. 2 P.C. Minutes 9-17-91 comm. Marks noted the two building are detached, noted an error in the basement plans, questioned the first story bedrooms in Units A and B, noting this area could be easily turned into rental units, and questioned the grade around the basement. Mr. Schubach responded the Building Director had assured him the basement is in compliance with Code, commenting the Basement definition is very flawed. Chmn. Ketz and comm. Marks discussed the need for two exits from the second and roof deck, including necessary stairway height and access. Mr. Lee stated this issue is a Building code issue, and not need be addressed for approval of this CUP. comm. Peirce stated the Building Department does not make Code interpretations, but rather the Planning Department. Comm. Di Monda agreed and discussed basement interpretation associated impacts, suggesting the issue be continued until new correct drawings are submitted. Public Hearing opened by chmn. Ketz at 7:33 p.m. Mr. B. Barsoum, project architect, explained recently issues had been brought forward, leaving little time to revise the plans. He noted the Code interpretation is the Building Department's, not his. He stated the code did not define whether a basement is from an adjacent existing grade or finish grade. Mr. Barsoum also discussed the neighboring properties' grades. comm. Marks discussed the drawings' errors relating to the stairways with Mr. Barsoum, who explained the stairway access plans and agreed to correct the errors. comm. Marks noted two more elevations of the buildings needed to be incorporated. Comm. Di Monda discussed the Uniform Building code and Hermosa Beach standards with Mr. Barsoum, stating many questions still need to be answered. Mr. Ron Riggs, applicant and property owner, explained the plan changes were made within a short period of time, and requested expediting of required actions since his loan application is pending the commission's approval. He wj,shed to respond to the commission's requested as soon as possible. chmn. Ketz asked if the downstairs bathroom could be revised, to which Mr. Riggs was opposed since he will be living in one unit and selling the other. He asserted no "bootleg" operation would be possible. Mr. Riggs stated he felt Mr. Lee had already answered the elevation issue and requested expansion. Mr. Lee stated he would defer to the Planning Commission's request to have this matter continued and bring back an analysis of definitions for basements and what is within the Planning commission's authority to decide at the next meeting. Public Hearing closed by Chmn. Ketz at 7:49 p.m. Chmn. Ketz, Comm. Peirce and Mr. Schubach discussed the time frame of one month to allow plan preparation and review. Comm. Peirce suggested the basement issue be discussed during the commissioners Items section. MOTION by comm. Peirce, seconded by comm. stifano, to continue this matter for one month to October 15, 1991 Planning commission Meeting to allow corrections to the plans made, and to get a clarification on the basement issue. AYES: NOES: ABSTAIN: .) ABSENT: Coumts. Di Monda, Marks, Peirce, stifano and Chmn. Ketz None None None 3 P.c. Minutes 9-17-91 CUP 91 14 CONDITIONAL USE PERMIT FOR A SNACK SHOP-YOGURT SHOP, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1605 PACIFIC COAST HIGHWAY, i114. FEEBEE'S YOGURT CAFE. Recommended Action: To approve said conditional Use Permit and adopt the Environmental Negative Declaration. Mr. Schubach said staff recommends approval of the requested CUP, describing the business and location. He stated the Environmental Review committee recommended a Negative Declaration. Mr. Schubach noted an nonpermitted 150 sq. ft. addition to the leasing office should be corrected at the time of this project. staff is recommending the addition plus any created deficiency be incorporated into the review of the overall parking plan. The applicant is requesting that yogurt, soup, sandwiches, strudel be included, which requires a determination that items other than yogurt are additional snack items is necessary. Mr. Schubach then gave a definition of "snacks" and "snack shops" as relates to parking requirements and stated staff believes the emphasis of this business for snack food and quick service with adequate parking to provide for any increase in business. The parking plan will need be modified as the shopping center offices are filled to allow for compensation of the overall parking plan. Chmn. Ketz and Mr. Schubach discussed the parking requirements of a snack shop vs. a restaurant. Comm. Marks stated the shop only had one exit door and commented upon the apparent danger and questioned the illegal 150 sq. ft. addition. Mr. Schubach stated that was a previous leasing office and should be cured prior to issuance of approval. Public Hearing was opened by chmn. Ketz at 7:58 p.m. Dee Harris, 1605 Pacific coast Highway, suite 209, stated the illegal footage occurred prior to her employment at the site. she discussed her being made aware of the problem and her efforts to comply with requirements, stating her belief that parking should be addressed at a later date. She discussed the limited menu and seating and requested the shop be held under the retain parking regulations. Comm. Marks discussed the illegal 150 sq ft addition with Ms. Harris. Public Hearing was closed by chmn. Ketz at 8:03 p.m. comm. Marks noted the commission should let Ms. Harris the parking situation obligation at the present time, with review at a future time. chmn. Ketz noted her problem with interpretation of a shop that sells various foods as a snack bar, al though she has no problem with this particular shop. comm. Di Monda noted as other spaces are rented the parking requirements will be revised; however, to be consistent, the higher use of eight spaces should be utilized. Comm. Marks and Di Monda and Mr. Schubach discussed state Law and safety requirements regarding the number of exits required. Comm. Di Monda recommended that signed drawings be requested. comm. stifano discussed the restroom requirements with Mr. Schubach. MOTION by comm. Di Monda, seconded by comm. Marks, to approve CUP 91-14 as restaurant use, with the addition that drawings are signed by a person licensed to practice architecture or one of the accepted engineering disciplines prior to submittal. 4 P.C.Minutes 9/17/91 AYES: NOES: Comms. Di Monda, Marks, Peirce, stifano, Chmn. Ketz None ABSTAIN: None ABSENT: None HEARINGS CUP 90-8 --REVIEW OF THE CONDITIONAL USE PERMIT AT 1018 HERMOSA AVENUE, COMEDY MAGIC CLUB. Recommended Action: To postpone the review to August 11, 1992. Mr. Schubach noted the applicant has not executed approved CUP. staff recommends continuation until completion of the expansion so that staff will have something to review, at which time the CUP would be activated. Public Hearing opened by chmn. Ketz at 8:10 p.m. Public Hearing was closed by Chmn. Ketz at 8:10 p.m. MOTION by comm. stifano, seconded by comm. Peirce, to postpone this review until August 11, 1992. AYES: NOES: Comms. Di Monda, Marks, Peirce, stifano, Chmn. Ketz None ABSTAIN: None ABSENT: None REQUEST FOR APPROVAL OF A MURAL SIGN WHICH EXCEEDS THE ALLOWABL.E SIGN AREA AT 1242 HERMOSA AVENUE. Recommended Action: To approve subject request. Mr. Schubach stated staff recommends approval subject to conditions that any sign copy added to the sign be approved by the Planning Director, although the sample gives no sign copy. Mr. Schubach displayed a miniature of the proposed sign, stating the mural would be approximately 500 ft. and it is a matter of the Commission's judgment to determine if the mural is in the character with the surrounding properties and/or gives the business a promotional advantage. The Commissioners discussed the lack of any sign copy is on the sample although stated in the recommendation. Public Hearing was opened by chmn. Ketz at 8:14 p.m. Fernando Lamas, 1242 Hermosa Avenue, owner of a men's and women's clothing, stated no words would be included on the mural. comm. Marks discussed the depth, quality and maintenance of the proposed mural. Public Hearing was closed by chmn. Ketz at 8:16 p.m. Chmn. Ketz felt the mural was not a sign, with comm. Di Monda stating he felt a mural became a sign when it is representative of a business. 5 P.C.Minutes 9/17/91 Chmn. Ketz and Comm. Marks stated the mural was an excellent idea. MOTION by comm. Marks, seconded by comm. Di Monda, to approve the request. AYES: HOES: CoDDDs. Di Monda, Marks, Peirce, Stifano, Chmn. Ketz Hone ABSTAIN: Hone ABSENT: Hone RESOLU'rIOH OF INTENT TO STUDY THE PROBLEM OF ODORS AND VAPORS BEING RELEASED FROM BUSINESSES. Recommended Action: To direct staff as deemed appropriate. Mr. Schubach stated at the September 3, 1991, the Commission expressed concern regarding odors and vapors. Although agencies currently control emissions, obnoxious odors are not necessarily controlled. staff recommends adoption of the Resolution of Intent if the commission wishes further study and suggests this item be passed to city Council as a consent Item. comm. Di Monda questioned the wording, "investigate the impact", stating there is a problem which should be addressed by asking staff to present an ordnance to help control toxic grease, etc. being released into the atmosphere, to which Mr. Schubach suggested, "to examine vapors and odors released and to study possible methods to monitor and control these vapors .... " Comms. stifano and Di Mondo discussed the inclusion of the fact that the commission recognizes citizen complaints and other Public Hearings that the state and other ordnances do not address the problems. An investigation of impact is not the need, rather a manner of control is necessary. Comm. Peirce suggested a review of other cities which have had the same problem and review the solutions implemented. Comm. stifano stated another issue raised was whether or not the study should be proposed to City Council or immediately begun. Comm. Peirce stated he felt the staff should start the study. comm. Marks, Di Monda and Chmn. Ketz felt it should go to city council before staff conducts a study. Public Hearing opened by Chmn. Ketz at 8:26 P.M. Public Hearing opened by chmn. Ketz at 8:26 P.M. Mr. Lee stated he could ask for clarification in terms of the release of vapor and fumes, asking if the Commission wishes to regulate all types of vapors, fumes or only noxious, toxic ones. Comm. Marks felt the Resolution should be narrowed to include only noxious and harmful vapors, using the Air Quality Board Guidelines. MOTION by Comm. Di Monda, seconded by comm. stifano, to approve the Resolution of the Planning commission to recommend to the city council to direct staff to investigate the impact and odors released from businesses, study possible methods to monitor and control vapors and odors, whether it is through enforcement of existing laws or through amendment of existing laws. 6 P.C.Minutes 9/17/91 !. AYES: NOES: Connns. Di Monda, Marks, Peirce, stifano, Cbmn. Ketz None ABSTAIN: None ABSENT: None STAFF ITEMS MEMORANDUM REGARDING PUBLIC TELEPHONES AT 635 MONTEREY BOULEVARD, LE MASTERS. Mr. Schubach stated Staff was directed a memorandum to the City Manager. Staff has discovered the General services Department is in the process of removing the telephones and notified General Telephone and the property owner. staff therefore believed the memorandum was unnecessary, but will prepare it if the Commission so wishes. comm. Di Monda requested follow-up on this item. Mr. Schubach said this has been included in the CUP. RECEIVE AND FILE. MEMORANDUM REGARDING PLANNING COMMISSION LIAISON FOR SEPTEMBER 24, 1991 CITY COUNCIL MEETING. Chmn. Ketz stated the agenda item is the appeal of the Planning Commission's denial of a two-lot subdivision at 596 19th street. TENTATIVE FUTURE PLANNING COMMISSION AGENDA FOR OCTOBER 1 AND 15, 1991. No comments~ CITY COUNCIL MINUTES OF AUGUST 27, 1991. RECEIVE AND FILE. COMMISSIONER ITEMS Comm. Peirce brought forth the basement issue, discussing fire ··exits and the associated dangers in exiting. chmn. Retz asked if Public safety has expressed an opinion on this issue, to which Mr. Schubach stated it hadn't been asked. Comms. Di Monda and Peirce discussed commission vs. Departmental authority and responsibilities, as well as finished grade vs. existing grade vs. building site. Mr. Lee suggested that typically the interpretation the Uniform Building Code rests with the Building Director, subject to his interpretation, subject to the Municipal code as a Board of Appeal to interpret building requirements. Mr. Lee stated application is the commission's purview and suggested amending the Zoning Code for clarity if the commission so wished. He stated the Building Code could be amended to provide for local jurisdiction definition and consistency. Mr. Lee read the zoning Code basement definition, stating it lacks clarity. comm. Peirce and Mr. Lee discussed the problem of the Commission's vs. the Building Department's interpretation of what constitutes and basement and the applicable provisions apply. 7 P.C.Minutes 9/17/91 The commission directed Staff to bring this item back before the commission, agendize it at the appropriate meeting and to make an interpretation as to how the height is measured from an existing grade, or if the basement is determined by existing grade and not finished grade, and to include one consistent base- ment definition. comm. Marks asked about the status of the ocean Drive parking situation. Mr. Schubach stated the Public works Director had resigned, resulting in this issue being "on hold". staff was directed to furnish an answer on this issue at the next meeting. MOTION by Comm. Di Monda, seconded by Comm. Marks, to adjourn at 8:49 P.M. Ho objections~ so ordered. CERTIFICATION I hereby certify that the foregoing minutes are a true and complete record of the action taken by the Planning commission of Hermosa Beach at the regularly scheduled meeting of September 17, 1991. ~ ICJs ,Oh_~ .... Christine Ketz, Cha irman Michae1 ·schub acih , /s ecretary Date )))9''1/ 8 P.C.Minutes 9/17/91