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HomeMy WebLinkAboutPC_Minutes_1992_01_07MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON JANUARY 7, 1992, 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. Di Monda. ROLL CALL Present: Absent: Also Present: CONSENT CALENDAR Comms. Di Monda, Marks, Merl (arrived at 7:06 p.m.), Suard and Chmn. Ketz None Michael Schubach; Planning Director, Edward Lee, Assistant City Attorney; Sylvia Root, Recording Secretary MOTION by Comm. Di Monda, seconded by Comm. Marks to approve the following consent calendar items: December 3, 1991 Minutes Resolution P.C. 91-51, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, TENTATIVE PARCEL MAP #22886 AND PRECISE DEVELOPMENT PLAN FOR A TWO-UNIT CONDOMINIUM PROJECT AT 143 MANHATTAN AVENUE. Resolution P.C. 91-69, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE REQUEST TO ALLOW A REMODEL AND SECOND STORY ADDITION THAT RESULTS IN A TWO-CAR GARAGE WITH A SETBACK OF 3.5' RATHER THAN THE REQUIRED 17' AND REDUCES THE GROUND LEVEL OPEN SPACE TO LESS THAN THE REQUIRED 200 SQUARE FEET AND AN ENVIRONMENTAL NEGATIVE DECLARATION AT 3104 INGLESIDE DRIVE. -· Resolution P.C. 91-78, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE GENERAL AUTO REPAIR AND ADOPTION OF A NEGATIVE DECLARATION AT 2 6 9 7 PACIFIC COAST HIGHWAY, "A. S. A. P. MUFFLER & BRAKE". Resolution P.C. 91-79, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING 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 1040 MONTEREY BOULEVARD. Resolution P.C. 91-80, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ALLOW COMMON PARKING BETWEEN 1095 AND 1063 AVIATION BOULEVARD TO ALLOW AN ADDITION TO A RESTAURANT AT 1095 AVIATION BOULEVARD. Resolution P.C. 91-81, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A VESTING TENTATIVE 1 P.C.Minutes 1/7/92 PARCEL MAP #23246 FOR THE DIVISION OF TWO EXISTING LOTS INTO THREE LOTS AT THE NORTHWEST CORNER OF PROSPECT AVENUE AND REYNOLDS LANE. Resolution P.C. 91-82, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DENYING A REQUEST FOR A GENERAL PLAN AMENDMENT FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL AND A ZONE CHANGE FROM C-2, RESTRICTED COMMERCIAL, TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PARCEL AT 64 10TH STREET. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Marks, Suard and Chmn. Ketz None None Comm. Merl COMMUNICATIONS FROM THE PUBLIC No one wished to address the Commission regarding a matter not related to a public hearing on the agenda. PUBLIC HEARING PDP 91-10 --PRECISE DEVELOPMENT PLAN TO ALLOW A DUPLEX AT 122 FIRST STREET. Recommended Action: To continue to February 4, 1992 meeting for applicant to submit revised plans. Mr. Schubach stated Staff recommends a continuance. The applicant requested this continuance due to discovery of a nonconforming side yard, for which the second unit's size must be reduced, chan<Jing the plans. Comm. Di Monda asked Staff to report on the historical value of the house at the February 4, 1992 meeting. Public Hearing opened by Chmn. Ketz at 7:04 p.m. No one wished to address the Commission regarding this matter. Public Hearing closed by Chmn. Ketz at 7:04 p.m. MOTION by Comm. Di Monda, seconded by Comm. Marks, to continue this application until the February 4, 1992 Planning Commission meeting. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Marks, Suard and Chmn. Ketz None None Comm. Merl Commissioner Merl arrived at 7:06 p.m. PDP 91-5 PRECISE DEVELOPMENT PLAN FOR A 64-ROOM HOTEL AND 3,336 SQUARE FOOT RESTAURANT, AND A CONDITIONAL USE PERMIT TO ALLOW ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH THE RESTAURANT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 125 PACIFIC COAST HIGHWAY, KING HARBOR HOTEL (CONTINUED FROM NOVEMBER 19 AND DECEMBER 3, 1991 MEETINGS). 2 P.C.Minutes 1/7/92 Recommended Action: To continue to February 18, 1992 meeting. Mr. Schubach stated Staff recommended continuance to allow the applicant to revise plans in response to comments from the Building, Public Works, Fire and Planning Departments. Mr. Schubach described the site and the changes of the most recent plan submittal. He stated Staff was satisfied as far as traffic impacts, but had recommended right-turn area improvement and a right-turn only restriction onto First Place and Pacific Coast Highway. Mr. Schubach noted the ·applicant proposed construction of a separate restaurant and a 64-room hotel, describing the parking plans, hotel height and finished site plans. He stated the applicant has requested a C.U.P. to serve alcohol at the restaurant, which Staff would recommend approval as long as standard conditions are applied by the bonafide restaurant. The project is subject to Precise Development Plan requirements and Ordinance design guideline. Mr. Schubach stated Staff reviewed this project for consistency, discussed the observations made and the resultant additional conditions/changes recommended by Staff. Mr. Schubach said Staff believes it would be premature for the Commission to take action on this project, as the applicant needs additional time to respond to Staff's many comments and to provide a traffic analysis to the City's satisfaction, and to allow Staff to consult . with other Departments. He recommended that all concerns of the Commission be made clear in any motion made. Chmn. Ketz asked when CalTrans is expected to respond with project comments. Mr. Schubach stated Staff will be contacting an agency out of the Governor office to expedite the ·response at the Commission's direction, noting the initial response was made approximately three months ago. Commissioner Di Monda asked that full-sized project drawings be provided in the future and if First Place closure was discussed. Mr. Schubach discussed previous proposals for closure, but stated the residents were opposed. Public Hearing opened by Chmn Ketz at 7:19 p.m. Jeremy Yeh, applicant's representative, displayed · a proposed project drawing, discussed with Comms. Di Monda and Marks the manner of parking for both the restaurant and hotel, ~lan changes, hotel and pool site location, utilization of view, building access and the type of customers expected. He stated the plans were a result of projected financial investment, monitoring of costs and future profit considerations and would benefit the City of Hermosa Beach. Comm. Marks noted traffic flow diverged onto one area. Comms. Di Monda and Merl requested plan consideration to allow better utilization of scenic views, swimming pool, signage design and decrease in the appearance of restaurant separation. Comm. Suard felt architectural significance would be experienced with the current plan and discussed pool relocation. Chmn. Ketz felt the access to First Place should be eliminated if it wasn't going to be improved and expressed concerns about the type of signage. Howard Longacre, 1221 7th Place, requested that recommendations for continuance, it not be· printed on the public notice. He challenged the "grandfather" clause being applied and plan changes, stating he felt the plans were of a "motel", not a "hotel". He expressed his concerns that CalTrans is "trashing" the town and increases in traffic. 3 P.C.Miriutes 1/7/92 Wilma Bert, 1152 7th Street," likes the idea of a hotel but is opposed to the changes proposed, noted the "grandfather" clause is not applicable, and objected to additional area traffic and impact on residents. Robert Schubert, 553 21st Street, objected to another hotel in the area, discussing the current economical impact on existing hotels. Hue Lai, 3100 Marywood Drive, Traffic Engineer, stated the rate of increased traffic due to the hotel would be low and compared the rate to commuter and commercial traffic and the hours of impact. After discussion with Chmn. Ketz and Comm. Marks, Mr. Lai offered to review the on-site traffic flow and closing of First Place. Howard Chen, owner/developer's representative, stated the project will be over $5 1 000,000, discussed the investment potential, resell value and previous plan reviews, resulting in the proposed plan being presented. He stated the swimming pool was a minor problem and could be removed from the plans. John McQue, 718 First Place, owner of three properties on First Place, stated he experiences parking, traffic and turning problems on First Place and First Street. He felt closure of First Place would be a good option and the existing 20' wall should remain to afford blockage from commercial. Public Hearing continued and brought back to the Commission by Chmn. Ketz at 8:25 p.m. Chmn. Ketz noted Staff's recommendation to continue. Comm. Di Monda discussed the definitions of "hotel" and "motel II with Mr. Schubach, with Mr. Schubach stating the plans meet the II hotel" requirements. Comm. Di Monda felt it should be classified as a "motel" since no hotel services were offered. He suggested the Commission review the definitions, consider making First Place a cul de sac after surveying the residents, and asked the City Attorney to provide an opinion on the previously mentioned grandfather clause the next time this issue is discussed. The Commission DIRECTED Staff to contact residents through a questionnaire obtaining their opinions as to First Place .closure at one end. MOTION by Comm. Di Monda, seconded by Comm. Marks, to CONTINUE PDP 91-5 to February 18, 1992, with presentation to the Commission of full-size plans, a materials board, the City Attorney's opinion regarding the grandfather clause being p~esented on that dat~. AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Marks, Merl, Suard, Chmn. Ketz None None None TEXT 91-3 TEXT AMENDMENT TO ALLOW DAY CARE FACILITIES FOR MORE THAN 12 CHILDREN AS A CONDITIONALLY PERMITTED USE IN ALL RESIDEN- TIAL ZONES AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. 4 P.C.Minutes 1/7/92 Recommended Action: To recommend approval of the text amendment and adoption of the Environmental Negative Declaration. Mr. Schubach discussed the history of this Text Amendment, noting day care centers with more than 12 children are permitted only in the C-1, -2, and -3 zones with a C.U.P. He stated expanding day care centers into the residential areas would allow more day care centers, expressed concern relating to traffic and noise, noted additional recommended conditions and suggested additional parking requirements, and recommended approval of the Text Amendment due to the flexibility offered for case-by-case review and determination. Public Hearing opened by Chmn. Ketz at 8:40 p.m. Mr. Woods, 731 Longfellow, felt this process was conducted to allow one child care center to open in his neighborhood, stating there are currently adequate child care centers available. Wilma Bert, 152 7th Street, did not agree with the ability to open child care centers any place within Hermosa Beach, no fencing is required, nor is an age limit of six years old mentioned or licensing required. She was against approval of the Text Amend- ment. Tom Goodwin, 736 Longfellow, opposed the recommended action. He explained the parking problems experienced by his neighbors and himself. Jeff Barnell, 722 Longfellow, questioned the number of required parking spaces, noting the parking problems being experienced by residents. Bill Beck, applicant, supported the Text Amendment. Public Hearing closed by Chmn. Ketz at 8:49 p.m. Commissioner Suard confirmed a C.U.P. would be required if the Text Amendment were approved. Chmn. Ketz discussed with Mr. Schubach the State standards for open space at day care center, as well as additional parking requirements tied to the number of teachers or children rather than defining a specified number. Comm. Suard felt additional requirements in terms of buffers were needed. Mr. Lee noted under State Statute, requirements are imposed and admin- strated by the County prior to license issuance and retention. Comm. Di Monda commented the issues are whether to allow extended day care use within the City with a C.U.P. and the adjacent-to- commercial lots requirements. MOTION by Chmm. Ketz, seconded by Comm. Merl, to ADOPT TEXT 91-3 with a change of Section 2, Number 1, to read, "A Minimum of one parking space for every seven children" and the addition of Section 2, Number 5 to read, "All day care centers shall meet State statutes and be licensed". AYES: NOES: ABSTAIN: ABSENT: Comms. Di Monda, Merl, Suard, Chmn. Ketz None Comm. Marks None 5 P.C.Minutes 1/7/92 Mr. Schubach noted the City Council Public Hearing of this item will be held in approximately one month, with a notice of hearing being published in the local newspaper(s). A recess was taken from 9:02 to 9:08 p.m. HEARINGS CON 90-8 A REQUEST FOR AN EXTENSION OF A CONDITIONAL USE PERMIT AND VESTING TENTATIVE PARC EL MAP #22100 FOR A TWO-UNIT CONDOMINIUM AT 626 7TH STREET. Recommended Action: To grant one year extension. Mr. Schubach stated the applicant is requ es ting an extension due to the present state of the economy. S taff r ecommends this extension in order to give the applicant time to record the final map. He noted a similar request was previously granted only a six-month extension. Comm. Suard determined with Mr. Schubach that the application is within compliance with the current code. Public Hearing opened by Chmn. Ketz at 9:10 p.m. No one wished to speak regarding this item. Public Hearing closed by Chmn. Ketz at 9:10 p.m. Comm. Di Monda felt the period of one-year should be reduce to six-months as was granted to the other applicant. MOTION by Comm. Di Monda, seconded by Comm. Marks, to MOVE to extend CUP for a six month period, to June 19, 1992. AYES: Comms. Di Monda, Marks, Merl, Suard, Chmn. Katz NOES: None ABSTAIN: None ABSENT: None NR 91-7 AN EXCEPTION FROM SECTION 13-7(b) TO ALLOW AN ADDITION AND REMODEL RESULTING IN GREATER THAN 50% EXPANSION TO A SINGLE FAMILY DWELLING AT 1542 GOLDEN AVENUE. Mr. Schubach described the proposed remodel, property location and current buildings. He outlined the significant improvements proposed by t he applicant and explained the deficienci e s of the side y ard and garage setback, stating exceptions are nece s sary. Mr. Schubach stated it appeared , from the site visit, i mpact is minima l. The Commission must ma ke a Finding that the goa l s, intent and purposes of Article 13 are being met if it approves this request. Staff believes this finding can be made, allowing a sound structure to be maintained and expanded with the current noncon- formities not significant or unusual for the neighborhood. Comm. Marks asked that a longitudinal study be included for review, noting first floor columns separated by a pool. Comm. Di Monda 6 P.C.Minutes 1/7/92 discussed Mr. Grove's comments, noting the plans do not reflect noted changes. Mr. Schubach stated the changes will be made, as a condition in meeting the requirements. Comm. Di Monda wished to see final plans prior to making a decision. Comm. Suard requested more information regarding the setback and adjacent properties. Public Hearing opened by Chmn. Ketz at 9:21 p.m. Larry Peha, 67 14th Street, architect, stated the foundation will be a pad footing below the pool level, explained the lack of stress on the pool walls, and noted the addition of reverse windows on both stories. He noted the shifting of the area homes, with the last survey being completed in the early 1900's. Comm. Marks and Mr. Peha discussed extending the landing length in front of the door way for safety and usage. Public Hearing closed by Chmn. Ketz at 9:26 p.m. Comm. Marks as if everything was in conformance to present standards, to which Mr. Schubach responded on those item mentioned in the Staff Report are not in conformance as far as zoning requirements. MOTION by Comm. Merl, seconded by Comm. Suard, to APPROVE NR 91-7, allowing an addition and remodel greater than 50% expansion to a single family dwelling location at 1542 Golden Avenue. AYES: NOES: ABSTAIN: ABSENT: ss 86-12 Comms. Di Monda, Merl, Suard, Chmn. Ketz Comm. Marks None None SPECIAL STUDY REGARDING ADULT USES. Recommended Action: To set for public hearing for text amendment to the zoning ordinance. Mr. Schubach stated this study was requested by the Planning Commission and considered a priority. He stated Staff reviewed the legal case law regarding adult uses, other cities and most current model ordinance provided by the American Planning Association and are presenting to the Commission suggested changes pertaining mainly to adult theater, book store and video store uses which cannot be prohibited from the City. Definitions, conditions of approval and permitted uses reviewed and updated by Staff. Mr. Schubach defined additional changes relating to massage parlors and out-call services (with are not protected by the First Amendment and not being protected by the City), which have been referred to the City Attorney, who will furnish Staff with a legal opinion. Mr. Schubach asked for suggestions and recommendations from the Commission. Public Hearing opened by Chmn. Ketz at 9:31 p.m. Wilma Bert, 1152 7th Street, questioned the priorities of items being addressed by the Commission and stated her adamant oppos- 7 P.C.Minutes 1/7/92 ition ordinances being opened for "cruddy" businesses on Pacific Coast Highway, such as massage parlors, pawn shops, check cashing or bail bonds businesses. She stated C.U.P.'s are unorganized and unchallenged. Public Hearing closed by Chmn. Ketz at 9:36 p.m. Chmn. Ketz noted the Commission is amending the current ordinance and the City is restricted by law and must allow these businesses. Mr. Lee commented the text changes relating to video stores which had adult materials are part of the reason the issue was-raised, explaining Staff's and the Attorney's Offices intent is to assure restrictive ordinances on the books that will withstand attack and to regulate adult business uses. Mr. Schubach responded the amendment will make the ordinance much tougher. Comm. • Di Monda stated the Commission is not inviting those businesses into the City. Chmn. Ketz commented that 100 feet from the exterior wall should be increased to 200 feet, as it is in other cities. She felt parking requirements should be included in the report and C.U.P.'s should be required of the video rental stores. Mr. Lee explained the 100 feet recommendation which complies with a case law which discusses having a reasonable opportunity within zoning to allow for First Amendment protected businesses. After discussion, the Commission requested that Staff return with a report defining the meaning as far as land available for potential uses if an increase from 100 to 200 fe et were adopted and supply infor.mation as to what other, neighboring cities are doing. Mr. Schubach agreed the distance would be changed to linear rather than radius. . The Commission discussed "adult use zone clustering" with Messrs. Schubach and Lee, deciding not to direct Staff to investigate further. The Commission DIRECTED Staff to report the •percentage of commercial to residential property in the Renton Case city, in order to conduct a comparison with Hermosa Beach. MOTION by Comm. Di Monda, seconded by Comm. Marks, to direct Staff to prepare the Text Amendment, prepare and present the requested reports relating to changing the 100 feet to 200 feet and the Renton Case for further study. AYES: NOES: ABSTAIN: ABSENT: STAFF ITEMS Comms. Di Monda, Merl, Suard, Chmn. Ketz Comm. Marks None None MEMORANDUM REGARDING PLANNING COMMISSION LIAISON TO JANUARY 14, 1992 CITY COUNCIL MEETING. Chmn. Ketz stated at the City Council Meeting (1) the Test Amendment to require relocation impact reports for displacement of mobile homes, (2) the Appeal of the Planning Commission's decision relating to a Master Conditional Use Permit Amendment for paint at spray booth at 501 and 555 Pacific Coast Highway, European 8 P.C.Minutes 1/7/92 Bodyshop, and (3) reconsideration of the Planning Commission's approval of a Variance to allow a remodel and second-story addition at 3104 Ingleside Drive will be discussed. No one wished to discuss these items at this time. Receive and File. LIST OF COMPLETED PROJECTS FOR INSPECTION. Chmn. Ketz stated in the past Commissioners have requested a listing of project addresses upon project completion so that a plan/project comparison may be done. TENTATIVE FUTURE PLANNING COMMISSION AGENDA. Chmn. Ketz stated two hearings are scheduled at the Planning Commission's January 21, 1992 meeting and a large agenda scheduled for the February 4, 1992 meeting. CITY COUNCIL MINUTES OF NOVEMBER 26, 1991. Receive and File. COMMISSIONER ITEMS Chmn. Ketz asked if, since the height requirement is changed from 40 feet to 35 feet, must the requirements be changed in the S.P.A. areas, to which Mr. Schubach responded that had been done. Comm. Di Monda noted the differences between the hotel and Mr. Schubach noted the definitions are in the Land Use Revision, along with modification to require the same amount of parking requirements for both hotels and motels. After discussion, the Commission DIRECTED Staff to revise the hotel and motel defin- itions, as well as parking requirements, and present them to the Commission as part of the Land Use Revision, projected for presentation in June 1992. Comm. Di Monda and Mr. Schubach discussed a car dealership which has an "auto pawn" sign which Staff is requesting removed. Comm. Suard and Chrnn. Ketz discussed Mr. Longacre' s complaint, noting that once an item is agendized, the Commission must open it for testimony whether it is continued or not. Comm. Merl suggested rewording of the Public Hearing Section. Mr. Schubach commented that an item recommended by Staff for continuation may not be continued and testimony taken. The Commission DIRECTED Staff to include a general statement on Public Hearings saying that testimony will be accepted for all Public Hearings that are Noticed if interested parties who would like to give testimony are unable to attend the scheduled Continued Public Hearing meeting. 9 P.C.Minutes 1/7/92 Chmn. Ketz discussed with Mr. Schubach applicant and Staff preparations to be completed prior to setting of a public hearing. Mr. Schubach confirmed that due to required time limits, public hearings are noticed well in advance, but after notice and during review, if problems arise or the applicant wishes to change his plans, a request for Continuance is made. Comm. Merl expressed his concern regarding the public's participation being unnecessary limited due to item continuances, resulting in the public's perception that testimony is not necessary invited. Chmn. Ketz noted that testimony is welcomed even if an item is continued. Comm. Di Monda stated it is best for all if the Commission is able to review plans as soon as possible to allow the applicant to become aware of what the City is looking for and alleviate future changes and problems, thereby decreasing the applicants' risks. Mr. Lee noted and explained the due process requirements for applicants and suggested the applicants bring _Plans to Staff, asking for Staff input, suggesting the public hearing should be set after the applicant has received Staff input and feels he/she is ready for public hearing. Mr. Schubach stated Staff has been in- formed by City Council and the previous City Manager to be very cautious as to what is told to people over the counter and pointed out the need for additional communication from the Commission as to what the Commission wants and is looking for. Mr. Lee stated Staff is well within its limits by noting to applicants concerns expressed by the Commission in the past on similar projects. At the public hearing, the Commission evaluates and makes its determination. MOTION by Chmm. Ketz, seconded by Comm. Di Monda, to adjourn at 10:30 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 January 7, 1992. Christine Ketz, Chairman Michael Schubach, Secreta'.'ry Date \ I 10 P.C.Minutes 1/7/92