HomeMy WebLinkAboutPC_Minutes_1983_02_01VI I' u
Meeting called to order at 7:30 P.M. by Chairman Peirce
ROLL CALL
PRESENT: Comms. Brown, Izant, Loosli, Shapiro, Smith,
Strohecker, Chrmn Peirce
ALSO PRESENT: Alfred Mercado, P1anning Aide; Ralph Castenada,
TDC Planning.
APPROVAL OF MINUTES
Comm Brown asked how much of the conversation and questions by
the commission is to be reflected in the minutes. He stated
V
that a scenario which he expressed at the last meeting with
respect to asking Staff what would happen if the Land Use Element
were to go against Storer TV, if it were to be continued as open
space, would they be allowed to operate as Storer Cable TV, and
the answer was that they would. His point being it wasn't noted
in the meeting's minutes and that was his reason for abstaining.
He felt that the item should have been voted on at that time,
otherwise it would come back to the Commission in the future,
Comm Shapiro concurred with Comm Brown, and added that it had
been pointed out to him that if you want something specifically
reflected in the minutes, to preface your statement accordingly.
Mr. Mercado mentioned that in addition to the transcribed minutes
the entire meeting is on tape, so if Commission want's the
minutes amended that can be done. Chrmn Peirce added that the
minutes are to reflect, as much as possible, the pertinant state
ments of fact and not the more casual conversational elements
of the meeting.
Comm Smith agreed with Comm Shapiro that statements you want re
flected in the minutes should be prefaced with a statement to
that effect. He further stated that he wanted the minutes to
indicate that he had asked Staff to insure that the informational
items that were discussed be included in the packet when the
Storer issue comes before the Commission again, so the same
questions will not be asked over again.
Comm Izant, notinq the amendments and the changes, made a motion
to approve the minutes; seconded by Comm Shapiro.
AYES:
NOES:
ABS:
Comms Brown, Izant, Loosli, Shapiro, Strohecker, Smith.
None
Chrmn Peirce.
RESOLUTION P,C, 83-6
Comm Loosli Pointed out that the Resolution did not reflect the
vote on the Resolution,
Motion by Comm Izant, Seconded by Comm Smith to pass the resolution
approving a time extension for tract map located at 1833 Pacific
Coast Highway, with the addition of the result of th e Commission 's
vote.
AYES:
NOES:
ABS:
Comms Brown, Izant, Loosli, Shapiro, Strohecker, Smith
None
Chrmn Peirce
.t'age L.
PLANNING COMMISSION MINUTES -February 1, 1983
REVISED HOUSING ELE MENT OF THE GENERAL PLAN
Chrmn Peirce noted that Commission has been receiving two sec
tions of the element at one time, with tonight's section being
a description of potential housing resources, and a description
of housing const.r-aints,
Mr, Casteneda presented the Staff Report. He stated that the
Commission had received additional outlined information regarding
the two sections of the element, along with a summary chart ex
plaining some items in relationship to constraints and resources.
He explained that the chart was done as a result of previous dis
cussion of these two topics last year, when it was felt that
there were certain value judgments in terms of explaining what
constraints and resources were. At that time Commission wanted
a summary chart to develop the details of the narrative. Brief
ly, constraints are some local and non-local factors that might
impede addre sing housing needs an d goals; whereas, resources
might be interpreted a s those item s that could be influenced by
the city in a positive direction t o meet community needs and
goa ls . He continued by saying tha t for purposes of elaboration
certain information was added that was included in a rough draft
of the housing element presented a year ago. He noted that the
function tonight was to gain impressions from the Commission,
then proceed to a refinement of the sections, and then, at the
next continued public hearing all of the sections will be
broug ht back to see if they correctly reflect the sentiments of
the Commission
Briefly, the area under the headin g of "Constraints" in terms
of re gu latory incentives for the i mprovement, maintenance of
housing , and house zoning Ordinanc e can be modified to encourage
property rehabil¼tatlon . He added t hat Staffhas yet to review and
complete t he LCP , but that materia l will forth coming soon. He
noted further that at a previ b u s meeting Comm Loosli wanted a
consideration of house zoning with items included as incentives
for owners to maintain and rehabilitate their property.
Further, in terms of the area of ·~Resources", the i tern that re
ceived the most attention previously was regarding whether the
interpretation of Community Development Block Grants should be
interpreted as a potential resource, He added that some Commission
ers favored a "handyman" program and others felt that private
market forces was the better way to preserve housing. However,
this is one area where interpretation needs to be made whether
this resource, which is funneled to the City, is one that should
be included as a potential means of addressing the rehab needs.
He explained further that Staff included language from the Hous-
ing Element Law, which indicates a local community can include in
its element those economic, environmental, and physical factors
which would impede otherwise addressing those needs. Further,
that Staff has also indicated another constraint is the actual
availability of land which is not now considered for residential
use, with the report indicating how much additional housing
could be developed. And, essentially, there is enough that can
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PLANNING COMMISSION MINUTES -February l, 1983
be available to meet the needs that were projected.
In terms of resources, Staff considers a fair amount of im
portance attached to the Land Use Element since this is the
guiding factor in deciding how much of existing housing should
be maintained at current density and current development, and
how much new housing should be allowed. In the area of afford
ability, or housing assistance, Staff listed some constraints
which are non-local in origin, i.e., financing, construction
costs, etc. He added that minimum dwelling size could be re
duced from the existing standards in some cases and that would
lead to lower housing prices. Under resources, he pointed out,
there is the standing Senior Citizens' Housing Program which
has evolved to a stage where more detailed decisions are yet to
be made; as well as the Affordable Housing Fund and, eventual
ly, the Shared Equity Program in relationship to the condo con
version projects.
Continued Public Hearing was opened. There being no testimony
the hearing was closed.
In answer to Comm Strohecker's question, Hr. Casteneda'stated
that the elimination of bootlegs would not be considered a con
straint. Comm Loosli pointed out that on the page following page
3.19, fifth bullet, he would like to change that paragraph to
read, "Hermosa Beach is identified as a City where long-term
neighborhood preservation and conservation is both a viable
option and a positive contribution to the environment." Comm
Smith thought that that change may indicate that the entire
city is eligible for redevelopment. Comm Izant did not agree
with Comm Loosli, he felt the paragraph said that there may be
certain portions of the City that, should the City want to,
would be desireable to preserve. But that there was no impli
cation that the other areas should not be considered for preser
vation. Comm Loosli felt that the paragraph implied that there
are certain segments of the City that do not deserve preservation
and the language could be made clearer or struck out altogether.
Comm Izant suggested that the paragraph include a sentance which
states that "hearings have not yet been held to identify whether
there is a need for long-term neighborhood preservation and
conservation of certain areas of the City. '1' Comm Loosli concurred.
Comm Loosli pointed out on page 4.15 the sentance reading
"For these reasons, it will be important to the City to monitor
residential growth and establish a balance between the not
necessarily incompatible goals of neighborhood conservation and
housing production." He stated that he felt that neighborhood
conservation and housing production were incompatible. Comm
Smith stated that what that sentance said was that it would be
good to establish a balance between those areas of the City
where there is a lot of development and those areas where the
City doesn'.t wish to have too much development. Mr. Casteneda
agreed with this inter p retation . Comm Brown s ugge sted that the
"not necessarily incomp atible" clause be delet ed f rom the sen
tance or to preface "ba l an ce" wi th the word "e qu i t able". Mr.
Casteneda stated that what the paragraph was s ay i n g is that there
is some preservation of existing areas and some new development,
and that balance may be different from the current balance.
Page 4
PLANNING COMMISSION MINUTES -February 1, 1983
Comm Izant stated that .the City is going to have to monitor the
growth and is going to have to make choices between neighborhood
conservation and new housing production. Mr. Casteneda stated that
perservation of the character of the neighborhood was also a con
sideration in any decision. Chrmn Peirce stated that the important
consideration for the Commission is to decide how much of the City
Commission should allow to be developed. Comm Smith stated that
he would like a sample of how this would actually operate. Mr.
Casteneda stated that that would be a good way to approach it.
Chrmn Peirce pointed out that the numbers on page 4.15 re "Low
Density" and "Medium Density" should correspond to the numbers in
the General Plann, since as they are stated in the report it leaves
1 dwelling unit per net acre in limbo. He also stated that the
numbers on Table 9, page 4.14, as to Maximum Number of Housing
Units was misleading, because the Zoning Laws allow for a much high
er amount of units than the General Plan. Comms Izant and Loosli
suggested that Staff find out which numbers SCAG uses, since this
is a very important point because there is a large discrepancy between
the numbers in the Zoning Code and those in the General Plan.
Comm Izant stated that on page 3.17, fourth line from the bottom,
that he did not agree that new development leads to an increased
demand for parking, since in actuality it is the older buildings in
Hermosa .that have the worsu parking situation. And since new develop
ments must build to Code, they are required to provide adequate park
ing. Chrmn Peirce stated that he believed that the new developments
had more square footage per unit than did the older buildings, and,
therefore, could accommodate more people, and that generally increases
the demand for more parking. Comm Loosli stated that it should say
that new developments probably increase traffic congestion. Comm.
Izant agreed. Mr. Mercado stated in answer to Comm Loosli's
question, that if a condo project eliminates an on-street parking
space by a driveway curb cut, they are required to replace the
deleted parking space. He added that was for condo projects only.
Comm Smith stated that on page 3.19, second paragraph, " ... in
addition to making residential rehabilitation economically practical
for very low and low income households;.; .. " He was not sure what
that meant. He asked if the City has at this time a rehahil~tatton
program. Mr. Mercado stated "no," adding that Staff just submitted
to the City Manager a 5-year capital improvement program, and he be
lieved two years down the line the City is proposing $166,000
for the residential rehab program, with low interest loans, block
grants, etc.
Comm Smith asked on page 3.19, bullet 6, whether the regulatory power
mentioned therein was state law. Mr. Casteneda stated that it was
local. Comm Smith stated with respect to page 4.13,"the review of
major or undeveloped properties in the city,"that he thought the in
formation was taken from the Housing Study that relates back to site
studies done in relation to senior citizens housing development. He
.. :asked that the reference to senior citizens be eliminated since this
is a general examination. Comm Izant commented that the lead-in
paragraph suggests that the home review is speciffically oriented to
seniors. Comm Smith felt that was not relevant. Chrmn Peirce agreed
that it should be housing in general rather than any specific type of
housing.
, .t'ctye ::,
PLANNING COMMISSION MINUTES -February 1, 1983
Comm Smith added that on page 5.29, second paragraph, that the argu
ment seemed to be heading towards lowering unit sizes, and asked it
that is one of the constraints Staff is talking about and should
Commission look at revising minimum living area footage for certain
medium size units as a means to make housing production more attrac
tive. Mr. Casteneda stated that was correct. Comm Smith also point
ed out the third paragraph, same page, last sentance where it stated
Hermosa Beach has no capacity to reduce financing costs, he thought
the city could address this in terms of buy-downs through community
block grant loans which are available to moderately high income house
holds. Mr. Casteneda stated that that was a possibility.
Comm Loosli stated that paragraph 4.15, which referred to the pro
jected rate of development being faster than originally forecasted,
he suggested that the last sentance be changed to read, "for these
reasons it will be important to the City to monitor residential
growth and establish various options dealing with the goal of neigh
borhood conservation and housing production." Comm Izant agreed with
that sugg~stion.
Mr. Casteneda stated that he will bring all of the Commissions
thoughts up to date and revise all the sections thus far considered
and, if possible, get into the next section, entitled"Goals, Policies
and Objectives" for the next meeting.
AMENDMENT TO ZONING CODE ARTICL 8, SEC. 802; ELIMINATION OF 3-STORY
HEIGHT LIMITATION ON COMMERCIAL STRUCTURES.
Mr. Mercado presented the Staff Report. He stated that if the Plan
ning Commission so decides that the intent of the zoning code Article
8 Section 2 is to allow commercial structures to be built to a
height of 45 feet, then staff recommends that the resolution delet
ing the 3-story height limitation be adopted. He continued by say
ing that the project was reviewed by the BZA, and, after considering
the PEIR, they declared that the project had potential significant
adverse environmental impacts which could not be adequately addressed
in a PEIR. Therefore, the BZA held that a full scale EIR should be
prepared which would address all the potential impacts of this pro
ject on the community.
He added that the City Council chose to appeal the BZA's decision and
they adopted Resolution 83-4571 which declared that the removal of
the 3-story height limitation will not have any unmitigable signifi
cant adverse environment impacts, and that a negative declaration be
filed. He stated further that under the current code provisions a
commercial structure can be built to a height of 45 feet or three
stories, whichever is the lesser. If a builder so desires, they can
include a mezzanine of 1/3 of the size of a full story in order to
increase the square footage of the building, without violating the
3-story limitation, also space undergro~nd, i.e. subterranean park
ing or a basement, is not counted in the number of stories.
Further, a survey of building permits issued for commercial structures
in the past two years indicated that the majority of buildings do not
reach the 45 feet limit. Staff felt that if this trend continues,
then the removal of the story limitation clause should have no signif
icant effect on building heights. He added that if a developer is
able to build to four storias, thereby increasing their square foot
age and increase , their profits, then it is possible that more build
ings will be developed to the 45 foot limit. He stated that it has
been suggestedthat the inability of a developer to use his property
.t'c:1':jt::: 0
PLANNING COMMISSION MINUTES -February 1, 1983
its highest and best use that this has the effect of driving
developments to other communities where greater economic incentives
exist. He stated that while it is possible that building heights
will increase as a result of the elimination of the story limit,
Staff believes that for the most part, commercial building heights
will be restricted because of parking limitations. Since most lots
in the City are relatively small, only a limited amount of surface
parking can be provided. Subterranean parking is an option, but
the cost can be prohibitive. Therefore, regardless of whether or
not there is a story limitation, parking restrictions will play a
large role in minimizing building height. Further, if building
heights are increased there may be some cases of obstructing the
views of adjacent property owners, with its greatest impact on res
idents whose dwelling units are located on sloped grades east of a
commercial zone. He noted that Staff's analysis is predicated on the
assumption that the intent of the zoning code is to allow commercial
structures to reach a limit of 45 feet.
Comm Smith, referring to the minutes from City Council, said the
resolution that referred this· to the Planning Commission was un-
clear to him re "unmitigable adverse impact" "that a negative
declaration be filed" and what "mitigating measures" meant with
regard to reducing the coverage on the first floor". He stated that
those were things that the Council considered and he thought it was
important the the Commission have a clear idea what these things
meant. Mr. Mercado stated that it was his opinion that there was a
consensus amongst the Councilmembers that removing the three-story
limit would not have adverse impact, in that structures would
not exceed the 45 feet limitation. There followed a short discussion
as to what action the City Council was requesting the Planning
Commission to take since the Council minutes and their Resolution
did not coincide.
Mr. Mercado stated there were two items worthy of note, that the
survey done by staff indicated that most structures were not being
built to the .45 foot limit~ Also, most construction in the city is
woodframe and in order to construct four stories, developers have
to provide sprinkler systems throughout and this prohibits, in many
cases, four stories. Comm Loosli stated that the reason builders
don't go to the 45 feet limit is because that is what the City re
quires, in that they can only build to the three-story limit. Mr.
Mercado stated that Staff was simply saying that over the two-year
period most buildings haven't been built to the maximum option of
45 feet.
Chrmn Peirce ruled that the Commission consider the 45 feet or three
story limit on its merits without regard to "mitigating measures."
Public hearing opened at 8:45.
Lyn Ocherbaum, 2112-1/2 Monterey, Hermosa Beach, stated that Hermosa
Beach is a very densely populated city and didn't see a need to
eliminate the 3-story height limitation. She thought the area of
concentration should be on rehabilitation, maintenance, and occu
pation of the presently existing unoccupied commercial structures.
Robert Carrington, 1707 Pacific Coast Highway, Unit 501, stated
that he didn't want to see any increase in the height of buildings
because the value of his property was based partly on the view
that it offers. He felt others, who would be similarly effected,
felt the same way.
. • PLANNING COMMISSION MINUTES -February 1, 1983
Mary Smith, 316 25th Street, Hermosa Beach, stated that the past
efforts of the City Planning Department and City Council have been
to reduce the residential height from 35 feet and it surprised her
to see a turn around no w to consider a means of increasing the
commercial height. She added that builders can now build to 45 feet
and nobody goes that high because of the current restriction on 4-
stories. SMe added that if that is changed there will be a definite
increase in the heights. She rec o mmended that the Commission con
sider leaving the maximum to that of the adjacent residential area.
Further, that the area of concentration should be on cleaning up
the buildings and sidewalks and encouraging the businesses to im
prove the appearance of their buildings and surroundings. Chrmn
Peirce stated that it is Commission's primary function to gather
public opinion and data and pass iton to the City Council along
with Commissions recommendations. Hearing closed at 8:50.
Comm Smith stated that the view corridor has not been protected
against a property owner's right to build to the maximum limit,
and, unfortunately, that precident has gone on for years. He
then asked if on the C-potential property on Pacific Coast Highway
whether it would affect that property if it is eventually zoned
commercial. Mr. Mercado stated yes, assuming that somebody wanted
to convert the property to commercial. He added that if the three
story limit was taken off, any C-zoned property would be subject
to the 45 feet limit. Chrmn Peirce added that the C-potential
zoning is only that, "potential," and it is the Commission•s in-
tent to try to remove those particular overlays or second zonings
because it seems to be an unfair representation to potential owners
that that property is any more likely to be zoned C than any other
property in the City.
Comm Smith referred to an argument made in Staff Analysis regarding
limitations on structures that can be built, i.e. parking coverage,
he asked what kind of impact this would have on an area where an in
lieu parking setup is being considered. It seemed that if one could
buy their way out of providing parking, that parking would not be
an effective limitation. He added that staff also indicated that
there is a natural cap, i.e. parking, if we took off the third
story restriction, but added that he thought a certain part of the
City is exempt from that argument. Mr . Mercado respo nded by say ~
ing that existing structures or bus ines ses were exemp t . He a dde d
that the Direcior of Planning's pos itio n is that those b u s ines ses
already have parking provided by th em o r paid, or VPD , an d a ny
new development coming into the are a would have to pr ovid e ei the r
in-lieu or additional parking. So there is a natural restriction,
that being when you finally reach the limit of available parking
that can be provided through paid or VPD '.
Comm Smith stated that there was no accompanying arguement based
o n fact , experien c e o r ot h erwise wh ich proves that if the three
story l imit is remo ved that the business climate in the community
wil l impr o ve . Adding , that until some kind of concrete evidence
i s pr o v i ded , he wi l l vote t o leave the Ordinance as is.
In answer to Comm Izant's question, Mr. Mercado stated he was not
certain of the height of the Flagship Hotel or the Cove Theater,
but added that there are certain structures which have been con
sidered for historical preservation which could exceed the existing
height limit.
• PLANNING COMMISSION ~MINUTES -February 1, 1983
Mr. Mercado also pointed out that provided within the Staff pro
posal, it states that where Commission feels that the obstruction
of view is imminent, then that particular project would come to
the Commission for review. Comm Loosli stated that in the Pier
area, downtown,isn't a view problem but a community character
problem. He added that he felt he would vote to keep the ordinance
as is.
In answer to Comm Strohecker's question, Chrmn Peirce stated that
he didn't believe the in-lieu parking issue will be resolved in
the near future and will most likely continue for some time. Comm
Strohecker stated that he favored forwarding a copy of the minutes
to the City Council with in-lieu of parking issue highlighted
rather than referring to it directly in the Resolution.
Chrmn Peirce stated that Comm Smi th.~s comment that new development
would go to the 45 feet limit if Commission allows the limit to
be 4-stories .was valid and that the general intent of the Ordinance
was that it should be a 3-story limit with the 45 feet provision
to allow some architectural variance or flexibility, so that all
buildings are not of the same type. He continued by saying that
with respect to passing this Resolution to apply toevery commercial area
in the city he could not support that because the tendancy would be
to build to that maximum limit. In light of the foregoing Chrmn
Peirce made a motion, seconded by Comm Izant, to deny the request
to eliminate the three story restriction.
AYES:
NOES:
ABS:
Brown, Izant, Peirce, Shapiro, Strohecker, Smith, Loo 'sli
None
None
In concert with that motion, Chrmn Peirce proposed the following
addition be made to the resolution of denial, "WHEREAS .the four
story limit would encourage the height limit in the' 'VPD and paid
parking area."
Comm Loosli stated that he thought the wording "would encourage
the 45 feet limit .... which would be detrimental to the character
of the downtown area. 11 wguld be more appropriate wording.
Chrmn Peirce's amendment to the resolution was seconded by Comm
Izant.
AYES:
NOES:
ABS:
Brown, Izant, Peirce, Shapiro, Strohecker, Smith; Loosli
None
None.
REZONING OF SEAVIEW PROPERTY FROM C-3 TO COMMERCIAL PLANNED
DEVELOPMENT
Chrmn Peirce stated that the City Council's desire was for the
Commission to delay the conclusion of the particular action be
cause of the City's position involving the title to the property
in question. He introduced and read a letter from the Mayor to
the Commission requesting the aforementioned non-action. He con
tinued by saying that he felt that the Commission should hold off
on this issue and continue the public hearing to a date in the
future when the City has a better title to the property. Comm
Izant stated that for a variety of reason he disagreed and thought
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PLANNING COMMISSION MINUTES -February 1, 1983
the Commission should act on this issue. Comm Shapiro wanted to
know how this i tern got on the agenda for the Commission. Hr.~:
Mercado .:.:stated that on January 4, 1983 the Planning Commission adopt
ed a resolution of intention to rezone this property. And at the
termination of a four-year development Agreement between Charles
Gotanda and the City, this land now belongs to the City as of
January 1, 1983. Chrmn Peirce added that at that point we ad
vertised the Public Hearing and the City Council then had a meet-
ing when they realized Commission was going to consider rezoning
the property.
Comm Shapiro stated that the letter which was composed by the
Planning Director was a very toned-down version of the way the
Commission felt on the matter. He thought that the letter was
supposed to be a very strong letter of protest. Mr. Mercado
answered by saying that staff thought it would be more appropriate
to tone it down.
Public Hearing was opened at 9:10. After opening the hearing,
Chrmn Peirce withdrew his comment about continuing the public
hearing.
Betty Rein, 588 20th Street, Hermosa Beach, pointed out that there
was an error in the agenda which stated that the proposed zone
change was to R-3 not C-3. She asked Commission how the owners of
adjacent property had been notified, which Chrmn Peirce had question
ed earlier. Mr. Mercado responded by saying the public hearing was
noticed i n the newspaper and that staff did not send out personal
notice to the property owners within a 300 foot radius. Ms. Rein
stated that she felt the nearby property owners should have been
personally noticed that the Commission was considering changing the
zoning on the property. She added that she didn't feel a public
hearing was appropriate at this time because the ownership is still
in question. Chrmn Peirce pointed out that it is the title that is
in question and not the ownership of the property, as the city owns
the property. Ms. Rein still felt, that since the notice did not
seem proper, that the hearing was still inappropriate at this time.
Chrmn Peirce stated that if the property owners were not notified
properly that would inval ida te the public hearing because the Plan
ning Department violated one of the City's constraints. He added
that although this was advertised as a public hearing, he would
close the hearing at this time until it can be readvertised and
re-noticed.
Michael Osterhoff, attorney for Mr. Charles Gotanda, stated that
Mr. Gotanda is contesting the City's claim to the property and also
the public hearing. He added that his client le arn ed of the hearing
by the notice published in the paper, but he woul d certainly want
notice sent to Mr. Gotanda in the future if a ne w h earing is held.
Further, he wanted to inform the Commission that Mr . Gotanda is
planning legal action to clear up the title to the property.
Comm Izant stated, with respect to the members of the City Council
suµprise re the Planning Commission's action, he pointed out that
the decision by Commission to hold a public hearing was made out in
the open. And he added that he felt it is within the ptrrview of
the Commission, without direction of the City Council, to establish
whether it is their desire to rezone or not to rezone a particular
piece of property. Further, that in this case, if it is desire-
. .
-, • PLANNING COMMISSION MINUTES -February 1, 1983
able to have this property be "Planned Development," as opposed
to C-3, it should be decided before the property is sold to be
fair to the future owner.
Chrmn Peirce stated that the notice was faulty and it was his in
tention to vote for another public hearing, and then report to
the City Council what should be done with the property.
Comm Shapiro asked if staff had informed the members of the Plan
ning Commission what the status of the property was with respect
to what the City Council was doing. Comm Izant replied that staff
had advised that it might not be timely to hear this item, but that
Commission ·had voted to go ahead with the hearing.
Chrmn Peirce asked when the city started the appraisal process on
the land. Mr. Mercado responded by saying that the Jia>roces_i;; began
after the pnoperty became the city's,
Comm Strohecker reiterated Comm Shapiro's comment that staff should
have given Commission all the background information as to the
status of this issue. Comm Brown added that it was his recollection
that after the end of the meeting, in Staff Comments or Commission
Items, that Chairman Peirce had directed staff to look into the
consistency of the zoning re this property. And staff, at that
time, suggested to Commission that since the City was in the middle
of possible litigation that the Commission should delay any de
cision on this item. It was shortly after that the Commission
ers unanimously decided to go ahead and and pursue the item and hold
a public hearing. The hearing was held and then continued.
Comm Strohecker stated that wasn't reflected in the minutes.
Comm Smith stated that there seemed to be a hint of conflict of
interest here. He added that he felt a public hearing was in order
but that a resolution would not be. Mr. Mercado stated that it was
his recollection that every time Commission considers a rezoning
item that it was not necessary to get formal approval from the
Council.
Chrmn Peirce stated that he would like to talk to the City Attorney
and find out if he thinks the change of zoning at this point will
have any precedential or prejudical impact with respect to the
City's title. Secondly, he wanted a meeting with the Council to
explain the Commission's position re the rezoning and to get imput
from them as to the reasons behind their letter to the Commission.
He added that if Commision decides to rehear this item notice would
have to be given for the next meeting which would mean a delay of
at least two weeks. Comm Smith suggested the Commission postpone
any action as a courtesy to the City Council. Comm. Izant agreed
with Chrmn Peirce's proposal. He added that the question which
should be considered is, is the City better off having the property
zoned C-3 or CPD, since an appraisal is going on and a CPD zoning
is worth less than a C-3. He felt it would be unfair to the buyer
to change the zoning after he has purchased the property; and out
of fairness to the potential owner he would not vote to change the
zoning after the purchase. Comms Izant and Brown were interested
in attending the meeting that Chrmn Peirce suggested with the Council.
Comm Shapiro stated that he didn't understand why two years ago
the zoning could have been changed and now that there is a possi
bility that the City owns the property this question now becomes
so critical.
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PLANNING COMMISSION MINUTES -February 1, 1983
Comm Izant stated that at the time the property went into default
the zoning reverted back to C-3, and there must have been an
important reason for this reversion. So,in light of that, he
wants to exam the reasoning in a timely manner so that a future
buyer knows what he is buying.
Comm Smith stated on a peripheral issue re the lack of proper
notice on the hearing, he felt that in the future the Commission
should receive proof of the notice, and perhaps copies of the
notices themselves. He added that this was his second request
for this. Also he would like a copy of the City's rules re no
ticing public hearings. He stated that a checklist should also
be provided so that the Commission will be satisfied that proper
notice has been given, as well as all other necessary procedures
being fulfilled. He felt that the result would be that a lot
more people would have an opportunity to appear for hearings and
it would give the commission credibility. Mr. Mercado stated
that staff is in the process of preparing a master calander which
will list all of the projects and their status. Chrmn Peirce
stated that he felt Comm Smith's suggestion had a lot of merit.
CONSIDERATION OF REPLACING ALL STREET SIGNS WITH NEW ONES
After a brief discussion it was stated that the signs would not
be replaced at this time.
STAFF REPORTS
Mr. Mercado stated that Resolution 083-4, to amend Article 6 and
Article 10 had never been signed by the commission, although it
had been passed. He submitted it for signature.
COMMISSIONER'S ITEMS
Chrmn Peirce stated that the Planning Commission Institute Seminar
is being held on the 3rd and 4th of March in Monterey. And, since
Comms Loosli and Brown had indicated an interest in attending, they
should be sure to fill out any necessary forms or applications.
Mr. Mercado pointed out that there was an article included in the
Commissioner's packets for tonight on Height Regulations for
Residential Structures. He added that it was a little dated but
it might be of interest. Comm. Brown stated that he read it and
found it very pertinant to the issue before the Commission on the
3-story, 45 foot limitation item.
Motion by Comm Shapiro to adjourn.