HomeMy WebLinkAboutPC_Minutes_1991_08_16MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA
BEACH HELD ON AUGUST 6, 1991, AT 7:00 P.M. IN THE CITY HALL COUNCIL
CHAMBERS
Meeting called to order at 7:00 P.M. by chrnn. Ketz.
Pledge of Allegiance led by Chrnn. Ketz.
ROLL CALL
Present:
Absent:
Also Present:
comms. Di Monda, Marks, Peirce,chrnn. Ketz
comm. stifa'no (Arrived at 7:04 p.m.)
Michael Schubach; Planning Director,
Edward Lee, Assistant city Attorney;
Sylvia Root, Recording Secretary
CONSENT CALENDAR
MOTION by comm. Di Monda, seconded by comm. Marks to approve the following
consent calendar items:
Minutes of the July 16, 1991 Planning commission meetings.
Resolution P.C. 91-45, A RE$OLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU
TAKE-OUT WINDOW IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT AT 116 0
AVIATION BOULEVARD, JACK-IN-THE-BOX.
AYES:
NOES:
ABSTAIN:
ABSENT:
Comms. Di Monda, Marks, chrnn. Ketz
None
Comm. Peirce
comm. stifano
COMMUNICATIONS FROM THE PUBLIC
Mr. Robert Eutivich, 1559 Pacific coast Highway, Brooklyn oven-brick Pizza,
submitted a petition pertaining to Von's and Round Table Pizza. He stated
another pizza shop is unnecessary and will create area parking problems. He
asked the commission review the matter re·garding possible negative impact.
Chrnn. Ketz asked Mr. Schubach his knowledge of this request, who responded
Von's is expanding the delicatessen area, with no delivery trucks in operation.
Chrnn. Ketz requested Mr. Schubach investigate the possibility of Von's pizza
delivery vehicles and respond with the information to Mr. Eutivich.
PUBLIC BEARING
CON 91-4/PDP 91-6 CONDITIONAL USE PERMIT AND VESTING TENTATIVE PARCEL MAP
#22916 FOR A 2-UNIT CONDOMINIUM AT 228 ARDMORE AVENUE.
)
Recommended Action: To continue to September 3, 1991 Planning Commission
meeting for applicant to submit revised plans.
1 P.C.Minutes 8/6/91 3
Mr. Schubach stated the recommendation to continue, waiting for revised plans.
Additional parking space on the property is required. The Planning commission
should review the revised plans.
Comm. stifano _ asked multiple questions regarding the automatic sprinkler
requirement, landscaping, cable TV conduit, automatic garage door openers and
satellite dish requirement. comm. Di Monda and Mr. Schubach responded to his
questions.
comm. Peirce discussed landscaping and building plans, stating an area of the
building appeared to have the ability to convert to a rental. Mr. Schubach
responded the plans had not previously been viewed in that manner. comm. Marks
noted the absence of a secondary stairway. Mr. Schubach noted plans are
submitted for environmental staff review by the Building Dept. Comm. Di Monda
established the building as a 2-story structure. comm. Marks asked for a
requirement for longitudinal section to the building and the lot, to the street
to enable the commission to determine the number of stories in the building.
Public Hearing was opened by chmn. Ketz at 7:24 p.m.
No one wished to address the commission regarding this matter.
Public Hearing closed by chmn. Ketz at 7:10 p.m.
MOTION by comm. Di Monda, seconded by comm. Marks, to continue until September
3, 1991.
AYES:
NOES:
ABSTAIN:
ABSENT:
Conuns. Di Monda, Marks, Peirce, stifano, Chmn. Ketz
None
None
None
CUP 90-36 MASTER CONDITIONAL USE PERMIT FOR AUTO SALES, AUTO REPAIR, {SMOG
CHECK ONLY) , WI NDOW TINTING AND DETAILING, AND ADOPTION OF THE ENVIRONMENTAL
NEGATIVE DECLARATION AT 303 PACIFIC COAST HIGHWAY.
Recommended Action: To approve said request conditional use Permit and adopt
the Environmental Negative Declaration.
Mr. Schubach stated staff recommends approval and gave a history of the
individual increases in services offered and hours of operation. Mr. Schubach
noted either an on-site trash container or a signed agreement for continued use
of neighboring trash container was recommended. The combination of four
businesses would require the scaled operation remain small. Staff recommends
conditions be included requiring the five display spaces be designated as such,
for-sale-automobiles shall be marked with a tag attached to the rear-view
mirror, and parking area be enclosed by a low decorative wall. Nine off-street
parking spaces are required. staff recommends Planning commission authorize
initial smog check, but not the follow-up service. The plans submitted require
slight revision.
)
comm. stifano and Mr. Schubach discussed a 3 1 decorative wall requirement, the
placement of the display spaces and the liberal hours of operation.
2 P.C.Minutes 8/6/91
Comm. Marks and Mr. Schubach discussed the method of exhaust dissipation
resulting from the smog check.
Public Hearing opened by chmn. Ketz at 7:35 p.m.
Mr. Steve Constantine, owner Constantine's Auto Detailing, agreed with
conditions of the permit and showed a letter agreement pertaining to the trash
container and a drawing for a brick wall he wished to build.
discussed the hours of operation with Mr. Schubach.
comm. Peirce
Mr. Lee suggested Condition #5 be written, " ... in the event the owner and
adjacent property owner should have a termination of their signed agreement,
the property owner's obligation is the provision of an on-site trash
container."
Mr. Ted Dalton, 529 24th Place, property owner, agreed to this condition,
stating his current agreement ends July 1, 1993. Mr. Lee questioned the
agreement conditions, to which Mr. Dalton stated the two properties worked a
trade~ vehicle access through Mr. Dalton's property and use of the trash
container located on the adjacent property.
Public Hearing closed by chmn. Ketz at 7:37 p.m.
Chmn. Ketz, comm. Stifano and Mr. Schubach discussed the stated hours of
operation.
MOTION by Comm. stifano, no second, to remove Condition #2, 3 1 wall, with no
replacement and Condition #6, hours of operation restriction. Motion failed.
MOTION by comm. Peirce, seconded by comm. Di Monda, to approve the conditional
Use Permit as presented with the modification to Condition #2, "a three-foot
high decorative wall," and condition #5, "in the event the agreement is
terminated, the property owner is obligated to supply an trash bin enclosure
on site,"
AYES:
HOES:
ABSTAIN:
ABSENT:
Couans. Di Monda, Marks, Peirce and Chmn. Katz
Conan. Stifano
None
None
SUB 91-1 --A REQUEST FOR APPROVAL OF VESTING TENTATIVE PARCEL MAP i22882 FOR A
TWO-LOT SUBDIVISION OF PROPERTY LOCATED AT 596 19TB STREET.
Recommended Action: To deny the request.
Mr. Schubach said staff recommends denial, stating the particulars of the
applicant's request, comparing this request to similar previous ones, and
commenting the street identified as 19th st. is a private 32' wide easement for
four lots. Mr. Schubach explained staff's concerns and processes in review of
lot size area comparisons and subdivision requirements.
Public Hearing was opened by chmn. Ketz at 7:50 p.m.
3 P.C.Minutes 8/6/91
Ms. Kathy May, applicant's representative, 2200 Pacific coast Highway, stated
they have concerns and disagree with Staff's report: (1) ·feel the lot and the
division is unique, (2) property fronts on two streets, (3) very few area lots
are eligible for subdivision, (4) there is a 50' lot frontage, (5) area lots
are inconsistent in size, but with consistent frontage (6) five of six
neighbors are in agreement with applicant's request, the concerns of the sixth
neighbor can be addressed by maintai ning the current pool and limiting the size
of building construction, and (7) applicant has owned the lot since 1969.
Mr. Glenn Davis, 596 19th street, described the original building, the
additions and repairs made, and the reasons for increasing the size of this
home. He stated that selling a portion of his property would allow him to
obtain the money needed to build this new house, then discussing the street
widths and parking practices on the two street. Mr. Davis said he is agreeable
to working with the Council and neighbors to assure conformance with all
requirements.
Mr. Larry Portiami, 590 19th street, stated the proposed lots are not
consistent with the area, expressing his concern the buildings will back up to
his property. He purchased his property due to low density and the presence of
back yards and does not want a building in his immediate view.
Ms . Phyllis Horner, 1738 Valley Park, has no objection to Mr. Davis' request .
Mr. Don Posluszny, 578 19th street, has no objection to Mr. Davis' request.
Mr. Jack Miller, 575 20th street, stated the major issue is integrity of the
neighborhood; if this application is approved, applications from others will
follow .
Ms. Kathy May rebutted previous comments by stating review of plans display a
greater set-back than is current if the request is granted, lot sizes are
inconsistent, and the neighborhood integrity will be maintained as not many
lots are eligible for subdivision according to her review. she stated
conditions are acceptable to the applicant in the approval of this request.
Comm. Marks, Ms. May and Mr. Davis discussed responsibility for maintenance of
the privately-owned street, with Mr. Davis stating his property does not
compare to others within the area.
Public Hearing was closed by Chmn. Ketz at 8:10 p .m.
comm. Peirce and Mr. Schubach discussed the lot dimensions and -set-back
allowances. comm. Peirce asked if conditions of zoning matters can be applied
to these lots. Mr. Lee responded this would be highly unusual, he has not seen
this done before, but if the property owner signed a recordable covenant, the
agreement would be enforceable. Mr. Lee asked that the matter be deferred
until he investigated further. comm. Peirce stated the ordinance was clear and
the property does not meet the subdivision criteria. comm. Di Monda stated the
property seems to meet the criteria, but falls short meeting the last
requirement; subdivision could prove interesting.
MOTION by Comm. Peirce, seconded by Comm. stifano, to adopt Resolution
PC 91-48, denying the request for approval for vesting tentative parcel map
two-lot subdivision at 596 19th street.
4 P.C.Minutes 8/6/91
AYES:
NOES:
ABSTAIN:
ABSENT:
Conuns. Marks, Peirce, Stifano, chmn. Ketz
Conun. Di Monda
None
None
CUP 90-13 CONDITIONAL USE PERMIT FOR OFF-SALE BEER AND WINE AT AN EXISTING
ESTABLISHMENT ALREADY LICENSED BY A.B.C., AND ADOPTION OF AN ENVIRONMENTAL
NEGATIVE DECLARATION AT 2641 MANHATTAN AVENUE, MI-T-MART.
Recommended Action: To approved said conditional Use Permit and adopt the
Environmental Negative Declaration.
Mr. Schubach stated Environmental Review committee recommended Negative
Declaration, recommending Planning Commission to require the applicant owner to
enclose the trash dumpster, repair the western parking area railing, reduce
window signs to 20% coverage and maintain abatement of graffiti. After-hours
alcohol sale and sales to minors were noted, and recommendation of limiting
hours of sales from 6:00 a.m. to 2:00 a.m. was made. The applicant has
addressed all of the concerns except parking-lot striping. staff recommends
conditions stating the parking lot be re-striped, preliminary landscaping plans
be submitted to Department for review and upon approval, landscaping to be
implemented within 90 days, reserved parking signs be posted at subterranean
parking, staffing be adequate, if necessary, an on-site officer will be at the
owner's expense, and continued violations will result in immediate revocation.
staff also recommends compliance with all Health Department regulations.
Comms. Stifano, Peirce, Mr. Schubach and Lee discussed citations issued to the
applicant, with Mr. Lee asking for a deletion under section 2, with a decision
made upon any environmental impact rather than alcohol sales. comm. Marks
recommended that parking should be one hour rather than two (Section 3).
Public Hearing was opened by chmn. Ketz at 8:26 p.m.
Mr. Michael Townajian, owner of Mi-T-Mart, built the store and has been only
tenant since 1969, discussed the exterior and interior of his building, stated
landscaping and conversion of two subterranean parking spaces is no problem.
He challenged the ability of the police department to determine adequate
staffing for his store, stating his problems have only happened during the last
year and challenged the use of police cadets. He stated he has never had a
problem with the Heal th Department. Mr. Toumaj ian does not agree with the
underground parking, police being brought to his establishment at his expense
and single cans sold must be put in see-through containers. He has no problem
with employees being made aware of the conditional use Permit requirements.
Public Hearing closed by chmn. Ketz at 8:36 p.m.
comm. stifano and Mr. Schubach discussed comm. stifano's questions and reasons
for disagreement with several of the conditions specified: i.e. employee's
ability to make informed judgments, police protection at owner's expense,
ho~rs of operation, subterranean parking, sign ordinance compliance and clear
bags for individual containers.
5 P.c.Minutes 8/6/91
MOTION by Comm. stifano, no second, to delete the specified conditions in
Sections l, #2, 1 #4, 2 #lA, 2 changed to "two subterranean parking spaces",
deleted 2 #6. Motion failed.
MOTION by Comm. Di Monda, seconded by comm. Peirce, to approve the conditional
Use Permit 90-13 with changes to section l, #2 to define immediate area, delete
section l, #4 and section 2, #lA, change language of section 2 #4 to state,
"signs posted for each of the code-required subterranean parking spaces",
Section 1 #3 change "two hours" to "one hour".
AYES:
NOES:
ABSTAIN:
ABSENT:
CoDDns. Di Monda, Marks, Peirce, Chmn. Retz
CoDDn. stifano
None
None
A recess was taken from 8:50 p.m. to 8:55 p.m.
BEARINGS
NR 91-3 AN EXCEPTION FROM SECTION 13-7 (B) TO ALLOW A GREATER TRAN 50%
EXPANSION TO A NONCONFORMING DUPLEX AT 41 & 43 4TB STREET.
Recommended Action: To. approve said request.
Mr. Schubach noted an additional plan correction is necessary, recommending a
condition regarding a staircase should be included. He explained building
location on the lot, gave a history of building and remodeling of both units,
discussed requested additional remodeling and existing nonconformity. Comm. Di
Monda and Mr. Schubach discussed the front-unit bathroom remodeling and lack of
adequate side-yard space and access.
Public Hearing opened by chmn. Ketz at 9:05 p.m.
Mr. Brian Bi gland, owner's representative, 2 6 O 8 Nelson Avenue, stated the
relocation of the stairway and third story conditions represent no problems.
Comms. Peirce and Di Monda discussed reconfiguration of the side-yard through
redesign of the plans with Mr. Bigland. comm. Marks · discussed the proposed
staircase location with Mr. Bigland.
Ms. Linda Ramm, 41 4th street, stated she wishes to maintain the original floor
plan of the house with only remodeling changes to upgrade the home.
Public Hearing was closed by chmn. Ketz at 9:10 p.m.
comm. Di Monda stated the commission should try to bring the nonconformances
into conformance with the existing code as much as possible.
MOTION by comm. Di Monda, seconded by comm. Marks, to continue NR 91-3 until
the applicant returns to Staff with a redesigned floor plan providing the
side-yards as required by the zoning ordinance, city of Hermosa Beach.
AYeS:
NOES:
ABSTAIN:
ABSENT:
CoDD11s. Di Monda, Marks, Peirce, Stifano, Chmn. Retz
None
None
None
6 P.C.Minutes 8/6/91
NR 91-4 AN EXCEPTION FROM SECTION 13-7 (B) TO ALLOW REMODEL AND SECOND
STORY ADDITION RESULTING IN GREATER THAN 50% EXPANSION TO AN EXISTING
NONCONFORMING STRUCTURE AT 248 27TB STREET.
Recommended Action: To approve said request.
Mr. Schubach recommended approval subject to conditions, describing the
particulars of the property, previous building construction and lot coverage.
He stated the Planning commission may wish to deny the proposed addition and
put the applicant on notice that the excessive lot coverage should be corrected
before any further improvements may be made.
Public Hearing was opened by chrnn. Ketz at 9:21 p.m.
Mr. chuck Simmons, project architect, 218 Longfellow, addressed the previous
rumpus-room addition and the linking deck which created the lot-coverage
problem. Mr. Simmons submitted photographs of the deck, explaining the plans,
the deck and planter sites. commissioners Di Monda, Marks and Peirce discussed
the accessibility requirements along the side of the property which currently
is nonconforming with Mr. Simmons.
Mr. Bill Gleason, 248 27th street, discussed his garage parking with comm.
Marks.
Public Hearing was closed by Chrnn. Ketz at 9:33 p.m.
Comm. Di Monda stated many nonconformities exists.
MOTION by Comm. Di Monda, seconded by comm. Marks, to continue NR 91-4 until
the applicant returns to Staff with a redesigned floor plan providing the
side-yards as required by the zoning ordinance, City of Hermosa Beach.
AYES:
NOES:
Comms. Di Monda, Marks, Peirce, stifano, Cbmn. Ketz
None
ABSTAIN: None
ABSENT: None
CON 89-15 EXTENSION OF THE VESTI.NG TENTATIVE PARCEL MAP #;21279 FOR A
TWO-UNIT CONDOMINIUM AT 1038 7TB STREET.
Recommended Action: To approve for one-year extension.
Mr. Schubach stated staff recommends the one-year extension.
MOTION by comm. Peirce, seconded by Comm. Di Monda, to approve the one-year
extension.
AYES:
NOES:
ABSTAIN:
ABSENT:
Comms. Di Monda, Peirce, stifano, Cbmn. Ketz
Marks
None
Hone
7 P.C.Minutes 8/6/91
STAFF ITEMS
MEMORANDUM REGARDING GREENBELT OVERNIGHT PARKING.
Chmn. Ketz stated this was a current request for a study regarding public
parking areas and the concern regarding recreational vehicles parking overnight
in this area made to city Manager and Staff for response. Mr. Schubach said a
recommendation suggesting the appropriate department study the matter should be
added to the memorandum, if the commission so wishes. comm. Di Monda stated
the commission's original request was to ask the council to authorize a study,
and commented upon his surprise with the Planning Commission at the length of
time that has passed since this simple request for agenda inclusion was made.
comm. Di Monda commented upon the city Manager's memorandum, feeling it was a
bit of an over-kill in the strongly-worded response, al though he does not
disagree with the underlined items. Mr. Schubach commented the response was a
co-mingling of city Manager and staff comments. Comm. Di Monda said he would
like to attend the city council meeting, discussing the rebuttal memorandum he
has written in his name, requesting a postponement be made until his return.
MOTION by chmm. Ketz, seconded by Comm. stifano, to direct staff to place this
matter on the August 27, 1991, agenda of the city Council and to direct Mr.
Schubach to resubmit for approval to the commission the memorandum changing the
language of the third paragraph.
AYES:
NOES:
CoDllns. Di Monda, Peirce, stifano, chmn. Ketz
Marks
ABSTAIN: None
ABSENT: None
MEMORANDUM REGARDING JACK-IN-THE-BOX at 1160 AVIATION BOULEVARD.
chmn. Ketz stated correspondence has been received stating the disturbance at
the Jack-In-The-Box is persisting. An appeal is being presented to City
council. comm. Di Monda, stifano and Mr. Schubach discussed the current
problems relating to the Police involvement at Jack-In-The-Box. Mr. Schubach
noted most correspondence is carbon copied to the City Manager, and the Police
Commander will be carbon copied with all complaint correspondence stating
non-responsive police action. Mr. Lee suggested standard operating procedures
would bring the complaints to Management's attention.
ELECTION OF THE NEW CHAIRMAN AND VICE CHAIRMAN.
Elected officers to serve for a nine-month period ending May 19, 1992 are
Chairman Ketz and Vice-chairman Marks.
PLANNING DEPARTMENT ACTIVITY REPORT OF JUNE 1991.
comm. Marks asked the status of implementation of the ocean Boulevard parking
issue. Mr . Schubach stated this issue will probably not receive attention soon
due to understaffing in the Public Works Department.
8 P.C.Minutes 8/6/91
comm. Di Monda asked Mr. Lee about the enforcement of the law regarding
selective parking and the city of Hermosa Beach's liability. Mr. Lee responded
the City of Hermosa Beach may enforce its rules if there is a breach of a City
ordinance even though previously having waived these rules in some
circumstances. comms. Di Monda, Peirce and Mr. Lee discussed civil rights
violation vs. non-entitlement relating to any possible liabilities. Mr. Lee
stated additional research would be necessary to define all aspects of civil
rights violation liability possibilities.
TENTATIVE FUTURE PLANNING COMMISSION AGENDA FOR AUGUST 20 AND SEPTEMBER 2,
1991.
Chmn. stated Diana's Mexican Food and The Parking Place will be on the August
20, 1991 agenda.
CITY COUNCIL/PLANNING COMMISSION JOINT MEETING MINUTES OF JULY 9, 1991
Receive and File.
COMMISSIONER ITEMS
comm. Peirce requested the Marina Liquor's sign placement status. Mr. Schubach
stated due to a multitude of reasons, the owner has not yet corrected the sign.
Mr. Schubach distributed a booklet, "Parliamentary Rules" to Commissioners.
MOTION by Comm. Di Monda, seconded by Chmm. Ketz, to adjourn at 10:19 P.M.
No 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 August 6, 1991.
Christine Ketz, Chairman Michael Schubach, secretary
Date ..,
9 P.C.Minutes 8/6/91