HomeMy WebLinkAboutBZA_Minutes_1982_03_15MIN.J'rES OF THE BOA-rm OF ZONING ADJUS1MENTS OF THE C:!:TY OF HEPt10SA BEACH HELD IN THE COUNCIL CH1\l1BERS OF CITY HAIL ON MA.-q_Cl-J 15 , 1982, AT 7 : 30 P . M. Meeting called to order at 7: 30 :? .1-L by Chrrn. Moore Pledge of Allegiance led by Chrm. Hoore ROIL CAIL PRESENT: Coorns. Cutler, Ebey, ~1errill, Toth, Hilliams, Ch • .n. ~-bore ABSENT: Comn. DeBellis ALSO PRESENT: Laurie Dul-"-.e , Staff Liaison Comn. DeBellis had an excused adsence for this meeting. APJ!R.aJ Af.. OF MINUTES Motion by Coom. Merrill, seconded by Camn. Toth , to approve the ~1arch 1, 1982, minutes with the following corrections: Page 1, under "Al.SO PRESENT'' should read,_ 11• • • Lee Alton, Director of Building and Safety ... " Page 4, 11th para. , should read , 11• • • P.e stated that persons 16 and older may be errployed and out of high school." Page 6, 11th para., should read, "COillll. DeBellis asked that. . TT Page 12, 2nd para., should read, "Lee Alton, 918 Manhattan Avenue, Hermosa Beach' ST.Ar.LNG THA.T HE ~,;v.,s NOiJ SPEA.rzING AS A PR.IV ATE CITIZEN' spoke in favor. Page 13, 9th para. , should read, "Corrm. Cutler, referring to the public staterrent of Director of Building and Safety Lee Alton, stated his belief that it is inappropriate that a staff nerrber should act in the capacity of a staff rrember during a meeting and also on a specific agenda item, and then during tl:1at rreeting and on that agenda item, also spea.lz as a private citizen. 11 Page 13, new 10th para., should read, ncomn. Ebey felt that it 1,-,ere completely out of order for a person to speak as both a rre.rrber of staff and as a private citizen on the smre agenda item.11 No objections, so ordered. APPRO!Af... OF RESOLUTIONS ~-btion by Coom. :sbey, seconded by Cornn. Merrill, to approve :lesolution BZA 154-445. AYES: NOES: ABSTAIN: ABSENT: CO!ilT!S . Cutler, Ebey, l1erri 11, Chun . Moore None Conrns. Toth, Williams Corrrn. DeBellis "
BOARD OF ZONING ADJUS'IMENTS MINUTES -!'1arc..li 15, 1982 Page 2 CONSD.11' CALENDAR PEJR HB 82 -007 -City ,;..."i.de -Combined lot ordinance Mrs. Duke gave staff report. She stated that if the Board has no questions, the Preliminary Fnvironnai.tal L-rpact Report would be approved. If there are questions regarding the report, the Board should hear the issue under Section T:J, Reviews. Comn. Ebey asked if the report were previously adopted by the City Council. Mrs. Duke replied that the City Cotmcil had made a Resolution of Intention. Conm. Toth stated that he would like to pull the item and hear it under Reviews. RJBLIC HEARINGS C. U. P. REQJEST BZA 154-455 -2699 Pacific Coast Highway Applicant: l\rnir H. Amiri Hrs. Duke gave staff report. She stated that the business is located in the C-3 zone, whic..li is General Corrrrercial. It is located on the west side of :Pacific Coast Highway north of Artesia Boulevard. The proposed hours of operation are 3:00 P.H. to 1:00 A.M. They have six off-street parking spaces and three street parking spaces . She added that, if the Board acts to approve the request, staff recOITIIEDded seven conditions. Conm. Herrill noted that Page 3 of the application indicated that the anticipated daily customer volure is one person. He asked if that were correct, or if it were a misunderstanding of the question. Hrs. Duke replied t_hat the applicant will need to address hL"lJSelf to that question. Conrn. Y.terrill asked how cormm it is for businesses to have off-sale beer and wine with take-out food. ~s. Duke replied that there is a business on Pier Avenue and the Strand, forrrerly Taco Bell, which has sit down as well as ta.1<e-out food. Public P..earing opened at 7: 44 P .M. Arrrir H. A"Iliri, 447 South 3erendo Street, Los Angeles, applicant, stated that the total anticipated daily customer volurre ,;v0uld be 20 to 60 persons; however, there will be only one autoroobile because most of their business is delivery. He added that there is no eating area on the site. Cornn. Cutler asked if beer and wine will also be delivered. Mr. Amiri replied in the affirmative.
BOARD OF ZONING ADJUS'Il:1ENTS MINUTES -March 15, 1982 Page 3 C. U. P. REC!JEST BZA 154-455 -2699 Pacific Coast Highway (Cont.) Corrm. Ebey asked the applicant if he would deliver beer and wine without a food ·order. Mr. Amiri replied in the affirrmtive. Cornn. Ebey again asked the above question; that is, would ti.1i.e business deliver beer and wine without a food order. Mr. Amiri replied that they would not deliver beer and w"ine without a food order. Conm. Ebey suggested a condition that beer and wine be delivered with a food order only. Conm. Cutler asked the applicant how long he had been operating Pizza Man II at that location. Mr. Amiri replied that he had operated the business for three rmnths. Conm. Cutler asked the applicant if he were involved in any way with Pizza Man I. Mr. Amiri replied in the negative, adding that there are 36 or 37 Pizza Mans. Conm. Cutler asked if the other ~izza ~fans sell beer and wine. Mr. Amiri replied that most Pizza Mans sell beer and wine. Conm. Cutler asked what precautionary rreasures would be taken so that beer and wine would not be delivered to persons 1.m.der the age of 21. Mr. Amiri replied that it is the driver's responsibility to check the custOIIEr's identification. Conm. Cutler asked the applicant if he had ever owned or managed a business ·where alcohol were delivered v.rith food. 11r. Amiri replied in the negative. Crum. Moore asked if the drivers must be 21 to deliver alcohol. Corrm. Ebey replied that they need be only 16 years of age. Mr. Amiri believed that the minimum age for the delivery of beer and wine was 18 years of age. No one appeared to speak in favor of the conditional use permit. No one appeared to speak in opposition to the conditional use permit.
BOARD OF ZONING ADJUS'I1'1ENTS MINUTES -Viarch 15 , 19 82 C. U. P. REQUEST BZA.. 154-455 -2699 Pacific Coast Highway (Cont.) Public Hearing closed at 7:52 P.M. Page 4 COIIIIl. Ebey asked if the Board could inpose a condition of 50% food and 50% alcohol. Hrs. Duke replied that t..."1.e City Council set up a condition of 65/35 in restaurants, and two separate sets of books must be kept. However, the City Council did not impose this condition on off-sale licences. A 50/50 condition was imposed for restaurants serving food and hard liquor. Cornn. Cutler asked if there were any other businesses in P.enmsa Beach which deliver beer and wine along with food. Mrs. Duke believed that Nicky's delivered beer and wine with food orders. Chrm. Moore asked if Wildflour Pizza had a delivery service. Mrs. Duke replied in the negative. Corrrn. Ebey asked if Wildflour Pizza has a 65/35 condition imposed on their business. Mrs. Duke replied in the affimative. Corrm. Cutler stated that, based on the applicant 1 s testim:m.y, he did not feel that the applicant had put enough thought into the delivery of liquor. He noted concern for the applicant's newness to this type of business ; therefore, he could not vote for the proposed conditional use permit. Corrm. Hilliams stated that it is within the jurisdiction of the Alcoholic Beverage Conrnission to see that the applicant abides by the liquor laws. She added that the business is legitimate with the Conditional Use Permit, and it is up to the Board to irrpose the necessary conditions. Corrrn. Ebey stated that she could vote for the conditional use permit if there were a 65/35 condition imposed upon the conditional use perwit. It would be an eating establish::rent, not a liquor delivery service. The establishrrent would be allowed 65% food and 35% liquor, and the liquor would be served only with an order of food. Corrm. Merrill suggested imposing a condition of selling beer and wine only with an order of food. Conm. Ebey stated that that would allow a cu.stoner to order a small quantity of focx:l wit.½. a large quantity of alcohol. Cornn. Cutler asked if it would be appropriate for the Board to irrpose a condition that only persons 21 and older rray deliver beer and wine.
BOARD OF ZONTI(; ADJUS'Il1ENTS M!Nlil'ES -March 15, 1982 Page 5 C. U. P. REQJF;ST BZA 154-455 -2699 Pacific Coast Highwal (Cont.) COIIm. Jv'"..errill replied that it would not be appropriate because the Board is not a law-:-rmking body. Conm. Ebey suggested inposing two conditions, narrely, one, that liquor be delivered only with an order of food, and, two, that the food sold be 65% and the liquor sold be 35%. Comn. Merrill preferred iDJ)osing a condition that beer and wine be sold only with food. He did not want to see a 65/35 condition mposed upon the applicant. Chrm. Moore agreed with COIIIll. Merrill, stating that he could foresee no danger of the Pizza Man turning into a straight liquor distributor. F.e added that he would be satisfied with a condition that liquor deliveries are to acconpany food deliveries and are not to be made as straight liquor deliveries. Canm. Williams believed that a 65/35 condition should be imposed upon the conditional use permit. Chnn. Moore stated that three Conmi.ssioners were in favor of inposing a 65/35 condition on the conditional use permit. Crum. Moore asked the applicant if he would be agreeable to the two conditions suggested by the Board. Mr. Amiri stated that he would be agreeable to selling beer and wine only with food. Hc,;.yever, he preferred not to have the 65 / 35 limi. t. Corrrn. Cutler asked the applicant if he had ever conducted a business in which he had to keep dual sets of books. Mr. Amiri replied in the negative. Motion by COIIIll. Ebey, seconded by Conm. Cutler, to approve Condition.al Use Permit Request BZA 154-455 with two added conditions, narnely, that no roore than 35% of the gross receipts tmasured over the course of a year be in beer and wine sales and that liquor orders must accorrpany food orders. (No vote.) Cornn. :Merrill offered an arnenc:Jnent to the notion. He suggested having two m:>tions, that is, one, that beer and wine be sold only with a food order, and two, that 35% of the gross receipts neasured over the course of a year be in beer and wine sales. Corrrn. Ebey, who made the notion, and Coom. Cutler, who seconded the nntion, accepted Coom. Merrill's aIIEndnent.
BOARD OF ZONING ADJUSTMENTS MINITTES -March 15, 1982 Page 6 C.U.P. REQUEST BZA. 154-455 -2699 Pacific Coast Higi.~way (Cont.) Motion by Conrn, Ebey, seconded by Cornn. Cutler, that a condition be added restricting :individual sales of liquor to orders that acconpany food. AYES: NOES: ABSENT: Corrms. Cutler, Ebey, Merrill, Toth, H'illiams, Crum. ~1oore None Corrm. DeBellis Motion by Comn. Ebey, seconded by Cornn. Cutler, that gross sales of beer and wine (dollar count thereof) be limited to a maxim.nn of 35% of total sales. AYES: NOES: ABSENT: Corrms. Cutler, Ebey, Williams Corrms. :Merrill, Toth, Crnm. 'Moore Corrm. DeBellis Mrs. Duke stated that the above notion failed on the 3-3 tie vote. Comn. Cutler stated that the applicant is new at running a business and new at running a business with liquor delivery. 11otian by Coorn. Merrill, seconded by Comn. Toth, to approve CUP Request BZA 154-455 with the seven conditions included by staff and the additional condition limiting the sale of beer and wine to orders accompanying food. AYES: NOES: ABSENT: Corms. Merrill, Toth, Williams, Chrrn. Moore Comns . Cutler, Ebey Cornn. DeBellis Chrm. Moore declared that there would be a six-m::m.th review period. REVIEWS CUP for day care center -417 25th Street Mrs . Duke gave staff report. She stated that both the Board and the City Council requested a three-month review period following approval of this conditional use permi..t. She stated that the Board should review the hours of operation since there was an appeal to the condition.al use permit. She infonred the Board that their packets contained the Resolution 154-424, the City Council action of September 8, 1981, and the conditions placed on the conditional use pennit with the arrendrr:ents ID3.de by th.e City Council. Carolyn Chazin, 1720 11th Street, }1anhattan Beach, applicant, stated that she was satisfied with the hours of operation, those being, 7 :00 A.M. to 6:00 P.M. She stated that nost of the parents arrive to pick up their children by 6:00 P.~1.; however, sorretirres it has been as late as 6:30 P.M. She stated that there is a $10.00 charge irrposed on the parents if they do not pick their children up by 6 :00 P .M. This was put in their Newsletter and will thereby encourage the parents to be on tine. She noted that the
BOARD OF ZONlliG ADJ1JS'IMENTS MINUI'ES -March 15, 1982 Page 7 CUP f<?T day care center -417 25th Street (Cont.) imrediate neighbors have complained about persons pulling into the driveway next to the school; however, the school has requested the parents not to use that driveway. In regards to parking, North School is building a parking lot 'Which will be available to the day care center at the end of the ·week. The day care center will be allowed the use of four parking spaces. At the tirre, only three employees drive their cars to work. Comn. Ebey asked if the parents are charged $10. 00 for each time they are late. Mrs. Chazin replied that if they are late once, they are charged $10.00; if they are late twice, $20.00; and if they are late three tines, $30.00. However, this rule is not in use at this ti.Ire . Mrs. Chazin added that the parents have never arrived later than 6: 30 P .M. Chnn. Moore asked 11'..rs. Chazin if she has talked with persons in the neigpborhood, and, if so, what corrplaints did they have. Mrs. Chazill replied that Jack Lardamida had corrplailled to sorre of the eD¥>loyees that the parents were using the driveway adjacent to the day care center, and Blair Smith had noted soIIE opposition to the traffic. Mrs. Chazi11 added that she ~uld like to have a sign for the day care center because there is no way of acknowledging that the school is there. Blair Smith, 316 25th Street, P..enmsa Beach, stated that his main complaint is not with the operators of the school; it is with the City. The City has leased the school out to a conmercial business. He said that the operators of the day care center have tried to accorrodate the neig..~bors, and there are only three .families that are directly affected by the school. His main concern was for the traffic and noise once the school reaches its maxi.mum capacity of children. He asked the Foard to rrake a rnling that, in the future, when a school is leased, the neighbors are canvassed before the lease is actually nade. Cbnn. :Moore inforrred Mr. Smith that the Board of Zoning Adjustments is not involved with the rental of the property. Mr. Smith noted concern for the parking. He stated that the employees of the day care center park on the street, and the City even issued parking stickers to do so. He stated that, -when the conditional use pennit was granted, the City Council placed a condition that the school employees would not park on the street; they would have to make other arrangenents. He mentioned that he has seen lights on at the school past the hour of 6 :30 P.H. He questioned what the City will do when the naxirrn.Jm capacity reaches 120 and the traffic problem becorres worse. B_e urged the Board to review-this conditional use permit in six rrunths to one year.
. , BQ'.ffiD OF ZONING AD.RTS'IMENTS MINUI'ES -March 15, 1982 Page 8 CUP for day care center -417 25th Street (Cont.) Cornn. Ebey supported Mr. Smith's request for another review in six months to a year. Jack Lardamida, 307 25th Street, Herrrvsa Beach, stated t.hat he lives next door to the school, next to the driveway. He stated that there is a problem with traffic between 4:00 P.M. and 6:00 P.M. He also noted that sOITE persons are even parking illegally. He stated that there is a loading zone, 'Which is where the parents should drop off and pick up their children. Public Hearing closed at 8:36 P.M. Cornn. Toth asked if persons asking to be notified of the next review will be notified. Mrs. Duke replied that those persons would be notified. Corrm. Toth inforrred the Board that this particular school consistently invites other children who are playing at the park into the ganes that they are supervising. He believed this showed a great deal of comnunity consciousness. Motion by Comn. Ebey, seconded by Conm. Toth, to approve the review of the conditional use pennit subject to a one-year review period. No objections, so ordered. Cornn. Ebey felt that the conditional use pennit should be reviewed again in one year because the public had noted opposition to t.l-ie aroount of traffic. Mrs. Duke stated for the audience that the City does not own the school and has no control over who it is leased to or whether it is a profit-making organization. Mrs. Duke inforned Mrs. Chazin that any sign that is to be permanently affixed lIIllSt go before the Henmsa Beach Improvenent Corrm:i.ssion for approval. PEIR HB 82 -007 -City wide -Combined lot ordinance (Cont.) Mrs. Duke stated that the State has made the present combined lot ordinance illegal the way it stands. The City must either delete the combined lot ordinance or create a legal way of using it. Chmn. Moore asked for the essentia 1 difference between what the City is doing and what the State requires. Mrs. Duke replied that the essential difference is that people with combined lots have the right to be notified that their lots are coniliined. The parcel
BOARD OF ZONING ADJUS'IMENI'S MINUTES -March 15, 1982 Page 9 PEIR IIB 82 -007 -City wide -Combined lot ordinance (Cont.) stays combined even if the house is derrolished and the lots are less than 40 x 100 each based on the City's laws. Ho~ver, the State says those lots will be uncombined unless the present owners are notified that they have corrbined lots. A hearing will then be set to allow the owner a chance to show that they are not a substandard lot or they do not fall under the coni>ined lot ordinance. Thirty days following the hearing, it must be recorded with the County. She stressed that a public hearing must be held, and, if the person does not show evidence that their lot did not fall into the criteria of being a combined lot, it nrust be recorded with the County Recorder. Motion by Conm. Toth, seconded by Comn. Ebey, that the PETR HB 82-007 is adequate, nonsignificant, and that a negative declaration be filed. Clum. Moore gave Conm. Cutler a brief background on the Preliminary Environnental Topact Report. AYES: NOES: ABSENT: Comns. Cutler, Ebey, Merrill, Toth, Williams, Cbn:n. Moore None Cornn. DeBellis MISCELIANEOUS Infonnation from Planning Director gathered at league of California Cities Planning Institute Mrs. Duke stated that several Planning Conmissioners attended a session fran which they submitted sane of their notes. Mrs. Duke stated that the next ~eting is scheduled for April 5, 1982. Conm. Williams noted that she will be absent April 5 and April 19, 1982. Conm. Cutler stated that he will be absent on April 5, 1982. Cornn. Toth stated that he will not be present on April 5, 1982. Corrm. Ebey noted that she may not be present on April 5, 1982. After checking her calendar, she indicated she could be present. Mrs. Duke said she would call Cornn. DeBellis to be sure he will be able to attend. Chan. Moore declared that a postcard was submitted by Mary C. Wright of Hennosa Beach protesting the granting of the CUP Request BZA 154-455 to allOW' off-sale beer and wine. Motion to adjoum at 9:07 P .M.
. . . ._, ( BOARD OF ZONING ADJUS'lMENTS MINlITES -March 15, 1982 Page 10 CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular neeting of the Board of Zoning Adjustrrents of the City of Herrrosa Beach, California. c,~l~ NEAL}( / ~~ DATE