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HomeMy WebLinkAboutPC_Minutes_1992_06_02,· .. MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON JUNE 2. 1992. AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS Meeting called to order at 7:00 P.M. by Chmn. Merl. Pledge of Allegiance led by Comm. Di Monda. ROLL CALL Present: Absent: Also Present: CONSENT CALENDAR Comms. Di Monda, Ketz, Marks, Chmn. Merl Comm. Suard Michael Schubach; Planning Director, Edward Lee, Assistant City Attorney, F. Paul Corneal, Building Inspector Sylvia Root, Recording Secretary Comm. Di Monda pulled the May 19, 1992 Minutes, requesting Page 7, Paragraph 7, the conversation between himself and Mr. Terry be almost verbatim. Comm. Di Monda stated Mr. Terry had written a report in the Planning Commission's name which did not reflect the vote the Commission had made, and he wanted this fact clearly displayed in the minutes. MOTION by Comm. Ketz, seconded by Comm. Di Monda to APPROVE Resolution P.C. 92-10 and P.C. 92-29. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Ketz, Marks, Chmn. Merl None None Comm. Suard MOTION by Comm. Di Monda, seconded by Comm. Ketz to APPROVE Minutes of April 21, 1992. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Ketz, Marks, Chmn. Merl None None Comm. Suard COMMUNICATIONS FROM THE PUBLIC No one wished to addressed the Planning Commission regarding item not shown on the meeting agenda. an 1 P.C.Minutes , 6/2/92 ~ PUBLIC HEARING L-5 LEGAL DETERMINATION HEARING TO DETERMINE THE LEGALITY OF ANY EXISTING SIX-UNIT APARTMENT LOCATED AT 1150 MANHATTAN AVENUE (continued from April 21, 1992 meeting.). Recommended Action: To determine said property to be legal for five-unit apartment. Mr. Paul Corneal, Building Inspector, gave the Staff Report, stating the Building and Planning Department had not received any additional rebuttal information during the continuance period. He stated that department's opinion was the site was legal for a five-unit apartment building. Comm. Marks understood the property was legal for four units, to which Mr. Corneal responded by describing the on-site buildings and the five-unit legal status. Public Hearing opened by Chmn. Merl at 7:07 p.m. Ron Christianson, 2513 Harriman Lane, Redondo Beach, proper~y manager, stated the property was purchased by the previous owner in 1965, with the current owner inheriting it in 1991, and title information was impossible to obtain. He questioned the accuracy of the real estate listing and referenced a July 1941 remodel permit. He stated the unit could have been legal due to the change in requirements over the years, no one was aware of what had been done or told to the listing real estate agent. He felt that not enough information was available to allow a legal determination at this time. Comm. Marks stated the tax records would reflect the property listing, to which Mr. Christianson stated it was shown as a rumpus room, but that the unit had existed for over 30 years and was now being questioned as a legal residence. Comm. Di Monda stated an entire unit existed and questioned the purchase of that property wi t h a real estate agent's disclosure of an illegal unit, to which Mr. Christianson stated the owner who had purchased the property 30 years ago was deceased and no pertinent facts are available. Public Hearing closed by Chmn. Merl at 7:15 p.m. MOTION by Comm. Ketz, seconded by Comm. Di Monda, to DETERMINE the property located at 1150 Manhattan Avenue to be legal for a five- unit apartment building. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Ketz, Marks, Chmn. Merl None None Comm. Suard VAR 92-2 A VARIANCE TO ALLOW 250 SQUARE FEET ADDITION TO A NON-CONFORMING TRIPLEX AT 336 THE STRAND AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR SAID VARIANCE AT 336 THE STRAND. 2 P.C.Minutes 6/2/92 Recommended Action: To deny requested variance. Mr. Schubach described the current buildings, the history of construction of those buildings, discussed the proposed addition, noted the non-conforming use with only one parking space per unit and noted the Staff Environmental Review Committee's belief that there were no grounds for a variance. Mr. Schubach then described the proposed addition and explained the non-conformities. He com- mented the addition of a deck would provide additional open space, the granting of the variance would not adversely effect the General Plan or be materially detrimental or injurious and the parking was sufficient for the Planning Commission to allow the 250 square feet addition, but the variance was necessary due to the non-conforming use. He stated the two issues for consideration were: ( 1) were there grounds for a variance and (2) if a non-conforming use should be allowed any expansion at all. He then explained the request determinants and stated the applicant felt he would be gaining rights the surrounding property owners currently have which impact upon his property. Mr. Schubach noted the property currently has the best access to ocean views ,and construction might result in view obstruction of other properties. Mr. Schubach stated denial is recommended to the the first finding required for variances, in that Staff finds nothing exceptional or unique about the property physical characteristics. The current ordinance requires one unit on the property, which would restore the applicant's rights he stated he is being denied. He noted the number of existing area nonconformities and parking problems, recommending denial of this application. Public Hearing opened by Chmn. Merl at 7:22 p.m. Ken McDonald, project architect, requested this item be continued since only four Commission Members were present. No one else wished to speak regarding this item, and at 7:24 pm, after UNANIMOUS APPROVAL (4-0) by the Commission, Chmn. Merl CONTINUED the public hearing to June 16, 1992. CUP 92/9 CONDITIONAL USE PERMIT FOR AUTO REPAIR AT 1017 AVIATION, A.K.A. 1205 BONNIE BRAE, KING-BEAR AUTO CENTER. Recommended Action: To approve said Conditional Use Permit. ~r. Schubach stated a C.U.P. is currently required with a temporary operation agreement having been granted with the understanding that ,continued operation was pending the Commission's action. • He noted the current business is located in a building that was used for auto repair by the previous tenant and had adequate parking facilities. Mr. Schubach noted the complaints received regarding compressor noise emition, explained the applicant was willing to provide soundproofing and a timer to eliminate compressor cycling during business hours. He discussed Staff's concern regarding the 3 P.C.Minutes 6/2/92 lack of trash enclosure, an existing chain link/barbed wire fence and the recommendation for new landscaping and hours of operations of 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays. Public Hearing opened by Chrnn. Merl at 7:26 p.m. Bernard Robins, applicant, explained due to the lack of trash, he wished to provide a small enclosure with four trash cans. At the time of pick-up, the trash would be "bagged" and placed at the curb. This would keep the large trash truck from entering the property and preserve one parking space. Mr. Robins noted the compressor had been on the property for 17 years, it used to be used for raising lifts but currently was only being used for handheld tools and did not understand why complaints were currently being received. The 5-hp, 80 gal. compressor is in a separate metal building which will be soundproofed. He stated the compressor could not be moved inside the building due to lack of room or on the roof as a new steel structure would be required to support the weight. Mr. Robins agreed to remove the barbed wire but requested that the cyclone fence remain. He explained that an additional wall was behind the fence and landscaping could not be planted at the fence location. Landscaping was only at the front of the building. H. Finnenberg, property owner, purchased the property in 1973 and had received a complaint regarding the compressor. He was told by the City that he had only to make sure it did not start during the night, which he did. He stated his wish to cooperate with the complaining neighbor. Mariano Alvarez, 1212 Ocean Drive, stated his bedroom is located next to the compressor. He works nights and is continually awakened by the compressor. He suggested the c9mpressor be relocated. Steve Slimmons, 1220 Ocean Drive, stated he was concerned about the parking, in that the employees park on the street. He requested that business parking be limited on Bonny Brae and redistributed to other area streets. He stated that although he also hears the compressor, that was not his primary concern. Charles Ernst, interested party, stated soundproofing could be place within the compressor room to satisfy Mr. Alvarez'. sleeping problem. He felt the noise problem had been over exaggerated and explained how the compressor worked and how often it "came on". He ,acknowledged it made noise when it was on, but stated it did not turn on very often. He stated time and effort had put expended to upgrade the facility and objected to the removal of the fence. He requested that the hours of operation be changed on Saturdays to be 8:00 a.m. to 4:00 p.m. Comm. Marks suggested the compressor not be turned on until 12:00 p.m., to which Mr. Ernst objected as it would 4 P.C.Minutes 6/2/92 not allow work to be accomplished prior to that time, expanding his statements by explaining how a compressor worked. He reiterated a sound retardant would be supplied in the compressor building and a container would be built to assure trash would not be visible. Comm. Marks and Mr. Ernst continued to discuss noise levels and relocation of the compressor, with Mr. Ernst requesting that a noise level reading be taken in order to establish the necessary for relocation of the compressor. Joan Richmond, no address given, challenged the right of the Commission to force closure of businesses on Sundays. Mr. Lee responded the imposed condition related to proper time, place and manner, not prohibitions having to do with any religious require- ments or functions. Public Hearing closed by Chmn. Merl at 8:04 p.m. Mr. Schubach explained an oversight had been made which was noted in the Staff Report but not in the Resolution. The Standard Conditions should include landscaping requirements as to the type of materials to be placed in the on-site planter box and the rear-building setback area plantings. He noted the barbed wire and chainlink fence is not allowed by the Zoning Code. He requested the addition of: Condition 4. Landscaping shall be provided in the front, rear, and existing planter box. Type of material shall be approved by the Planning Director, and landscaping maintained. by Comm. Di Monda, seconded by Comm. Ketz, to APPROVE recommendations with the requested change of Saturday hours to 8:00 a.m. to 4:00 p.m. and addition of Condition MOTION Staff's business No.4. AYES: NOES: ABSTAIN: ABSENT: STAFF ITEMS Comins. Di Monda, Ketz, Marks, Chmn. Merl None None ComIR. Suard a. REQUEST FOR INTERPRETATION REGARDING AN YOUTH CENTER AS A PROPOSED USE AT 329 PACIFIC COAST HIGHWAY. Mr. Schubach explained Staff was seeking direction relating to this ;item. He explained the proposed business, noting the Code did not , provide a category that "fit" this usage. He noted Code categories 1 that were close, but not exact. He asked if the use should be added, defined and a Text Amendment initiated or if definition should fall within the current categories. Comm. Marks discussed ' possible parking requirements with Mr. Schubach. Comm. Di Monda suggested these activities might be located at the Com- munity Center, noting the Community Center was available to provide 5 P.C.Minutes 6/2/92 this type of proposed activity, to which Comm. Ketz agreed. Chmn. Merl invited Mr. Neiswonger to speak regarding this item. Christopher Neiswonger, 13708 Cordarry, Hawthorne, stated the basic business nature was a "coffee house" to which the Community Center would not suffice, as this business will be open most days and evenings, will cater to the late-teens, is not necessarily religious in nature, will do counseling referrals, provide a place to "hang out" other than the beach, will not serve drinks, but will provide a form of entertainment (not staged events). He felt the referral service · was necessary as a moral obligation. While not being a major part of the business, nor sponsored by any youth organization, it would offer a less hostile environment for the younger people. Mr. Neiswonger stated he had never identified himself with any youth organization, but rather a place for "kids" to hang out prior to curfew and a place for adults after curfew. Mr. Schubach noted caution is necessary regarding the allowance of entertaining because it could be out of control. Mr. Neiswonger responded to Mr. Lee's question by stating he expected to be a "for profit" business, but that would be based upon receipt of donations, only. Chmn. Merl noted to solicit money, an organization must be established, to which Mr. Lee agreed that a permitting process in terms of solicitation was required. Mr. Neiswonger explained the property owner was willing to rent the property to him at under market value, but declined to give names and addresses of people that would support his efforts in this endeavor, as he hadn't written them down. He discussed his reasons for choosing Hermosa Beach as a site with Comm. Marks. Chmn. Merl established that entertainment, per se, required a permit. Mr. Schubach noted that Mr. Lee had suggested the business be considered a "coffee shop". Comm. Ketz stated this operation sounded similar to other coffee shops and shouldn't necessarily be treated any differently. Comm. Di Monda stated the proposed business was changing as Mr. Neiswonger was speaking and suggested Mr. Neiswonger r econsider the nature of the business for represen- tation to the Commission. MOTION by Comm. Di Monda, seconded by Comm. Ketz, to RECEIVE and FILE. No objections, so ordered. Comm. Di Monda suggested Mr. Neiswonger return to the Planning Director at a later date with a definition of business which would be more clear. Chmn. Merl's recommended that Mr. Neiswonger also check the very strict and precise County requirements relating to • donations and funding, which was outside the jurisdiction of the ,Commission. b. STATUS REPORT REGARDING FENCE AT 151 HERMOSA AVENUE. Staff was requested to continue follow up and initiate a memorandum to the Commission every two weeks, assuring the 6 P.C.Minutes 6/2/92 Deputy City Manager is still in the process of writing the property owner. RECEIVE AND FILE. c. PLANNING DEPARTMENT ACTIVITY REPORT OF APRIL, 1992. RECEIVE AND FILE. d. TENTATIVE FUTURE PLANNING COMMISSION AGENDA. Chmn. Merl noted another item, as well as the issue regarding 336 The Strand, had been added to the proposed June 16, 1992 agenda. RECEIVE AND FILE. e. CITY COUNCIL MINUTES OF MAY 12 AND MAY 14, 1992. RECEIVE AND FILE. COMMISSIONER ITEMS Comm. Di Monda requested the Planning Commission send a letter of complaint to the City Manager regarding the De puty City En~ineer, Mr. Terry, regarding the Beach Drive Parking r eport , in which Mr. Terry admitted to putting information into the report which was his opinion and not the Commission's opinion. Comm. Di Monda felt this action was highly improper. Comm. Marks agreed with this requested action. Comm. Ketz expressed her concern because the action had taken place a year ago and Mr. Terry did not include the minutes for review by the Commission. Mr. Schubach noted that a different action had previously been taken to which Mr. Terry did not refer. Mr. Schubach stated Mr. Terry had not been aware of that action, and further, it was the final recommendation which Mr. Terry was discussing. • MOTION by Comm. Di Monda, seconded by Comm. Marks, to DIRECT Staff to send a letter of complaint to the City Manager. No objection, so ordered. Comm. Di Monda stated the Beach Drive Report still has not been written. MOTION by Comm. Di Monda, seconded by Comm. Ketz, to DIRECT Staff to send a letter of complaint to the City Ma nager asking him to inform the Deputy Engineer that a high priority ·has been established for this item, that the Deputy Engineer should work on items sent to him by Council and Commissions prior to working on self-sugges ted items, not the other way around. No objection, so ordered. • 7 P.C.Minutes 6/2/92 Mr. Schubach commented it was his understanding that Mr. Terry haa been awaiting the approved minutes from the previous Commission meeting in order to obtain the information necessary to provide to the City Council. However, it was indicated previously that submittal to the Commission prior to the Council was requested. If this could not be done, a memorandum to the Commission should have been forthcoming; which was not done. Chmn. Merl stated that historically, it has been problematic to get information or action on the subject matter. The Commission wished to be expeditious in dealing with this matter. Comm. Di Monda discussed the possibility of meeting with the Coastal Commission regarding the green belt issue. After discussion, the Commission decided that Comm. Di Monda should represent himself and not the Commission at such a meeting. Comm. Marks discussed RUDAT, referenced the May 21, 1992, at the Lighthouse. Comm. Ketz, who had attended the meeting, discussed the actions of that meeting. She then referenced the City Council liaison and discussed the L.A.T.C. Subregional Incentive Program with Mr. Schubach. ADJOURNMENT MOTION by Comm. Di Monda, seconded by Chmn. Merl, to adjourn at 8:30 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 June 2, 1992. Rod Merl, Chairman Date 8 P.C.Minutes· 6/2/92