Loading...
HomeMy WebLinkAbout2012-01-17 PC AGENDA 1 AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 January 17, 2012 7:00 P.M. Sam Perrotti, Chairman Ron Pizer, Vice Chairman Peter Hoffman Kent Allen Shawn Darcy Note: No Smoking Is Allowed in The City Hall Council Chambers THE PUBLIC COMMENT IS LIMITED TO THREE MINUTES PER SPEAKER Planning Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the Community Development Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City’s website. Final determinations of the Planning Commission may be appealed to the City Council within 10 days of the next regular City Council meeting date. If the 10th day falls on a Friday or City holiday, the appeal deadline is extended to the next City business day. Appeals shall be in written form and filed with the City Clerk's office, accompanied by an appeal fee. The City Clerk will set the appeal for public hearing before the City of Hermosa Beach City Council at the earliest date possible. If you challenge any City of Hermosa Beach decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in a written correspondence delivered to the Planning Commission at, or prior to, the public hearing. To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices will be available for check out at the meeting. If you need special assistance to participate in this meeting, please call or submit your request in writing to the Community Development Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time to inform us of your needs and to determine if/how accommodation is feasible. 2 1. Pledge of Allegiance 2. Roll Call 3. Oral / Written Communications Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section 1 Consent Calendar 4. Approval of the December 7, 2011 Action Minutes 5. Resolution(s) for Consideration - None THE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS ONLY. THE FINAL DECISION ON EACH ITEM RESTS WITH THE PLANNING COMMISSION. PLEASE DO NOT ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE PLANNING COMMISSION. Section II Public Hearings 6. CUP 11-3 / VAR 11-2 -- Conditional Use Permit and Variance to modify an existing wireless telecommunications facility, AT&T Wireless, by replacing antennas on the building roof with new antennas, remote radio units, and 10-foot high equipment/screening cabinets, that will exceed the height allowances for such equipment and antennas, on an existing commercial building at 2447 Pacific Coast Highway (continued from the October 18 and November 15, 2011 meetings). Staff Recommended Action: To continue to the February 21, 2012 meeting and renotice, with fees paid by the applicant. 7. CON 12-1 / PDP 12-1 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 71768 for a 3 unit condominium at 1101 Cypress Avenue. Staff Recommended Action: To adopt the resolution approving subject Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 71768. 8. TEXT 11-3 -- Text amendment to Chapters 12 (Encroachments) and 17 (Zoning) to allow outdoor retail sales/displays and portable signs on the public right-of-way and related amendments for consistency, and Environmental Negative Declaration. Staff Recommended Action: To hold a public hearing and continue the matter, providing direction to staff to return with a resolution recommending that the City Council adopt a zoning text amendment to allow outdoor retail sales/displays and portable signs on the public right-of-way, in conjunction with a text amendment addressing outdoor dining on the public right-of-way. 3 Section III 9. Staff Items a. Tentative future Planning Commission agenda. b. Community Development Department activity report of November, 2011. 10. Commissioner Items 11. Adjournment Planning Commission Action Minutes December 7, 2011 1 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON DECEMBER 7, 2011, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS All public testimony and the deliberations of the Planning Commission can be viewed on the City’s web site at www.hermosabch.org, On-Demand Video of City Meetings The meeting was called to order at 7:00 P.M. by Chairman Darcy. 1. Pledge of Allegiance 2. Roll Call Present: Commissioner Allen, Hoffman, Perrotti, Pizer, Chairman Darcy Absent: None Also Present: Community Development Director Ken Robertson Senior Planner Pamela Townsend Assistant City Attorney Lauren Langer 3. Oral / Written Communication - Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section I CONSENT CALENDAR 4. Approval of the November 15, 2011 action minutes. ACTION: The Planning Commission consensus was to approve the November 15, 2011 action minutes. 5. Resolution(s) for approval - None Section II HEARING 6. CUP 11-9 -- Conditional Use Permit interpretation of whether interior alterations to the floor plan of an existing restaurant with general alcohol, live entertainment and dancing are minor, at 58-68 Pier Avenue, Sangria. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: The Planning Commission determined, by minute order, the submitted interior floor plan changes were minor and thus not requiring amendment to the Conditional Use Permit. MOTION by Commissioner Perrotti, seconded by Commissioner Hoffman. The motion Planning Commission Action Minutes December 7, 2011 2 carried as follows: AYES: Comms. Hoffman, Perrotti, Chmn. Darcy NOES: Comms. Allen, Pizer ABSENT: None ABSTAIN: None Section III 7. Staff Items a. Discussion of regulations for outdoor dining, outdoor retail sales/displays, and sidewalk signs on the public right-of-way. ACTION: The Planning Commission directed staff to agendize a Text Amendment regarding outdoor retail sales/displays and sidewalk signs on the public right-of- way for the January 17, 2012 meeting as a public hearing. MOTION by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion carried by a unanimous vote, b. Overview of new City website. c. Rotation of the Planning Commission chairmanship. ACTION: Commissioners Perrotti and Pizer will be the Chairman and Vice Chair serving from January, 2012 through September, 2012. d. Tentative future Planning Commission agenda. e. Community Development Department activity reports of October, 2011. 12. Commissioner Items 13. Adjournment The meeting was formally adjourned at 8:30 P.M. 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 December 7, 2011. ______________________________ ____________________________ Shawn Darcy, Chairman Ken Robertson, Secretary ______________________ Date 14 Attachment 3 Zoning Map 15 Attachment 4 Legal Posting 16 Attachment 5 Site Photographs Existing duplex, southwest corner of 11th Street and Cypress Avenue Existing driveway serving duplex 17 3 on-street parking spaces will be eliminated to provide new curb cuts. Properties to the east, across Cypress Avenue This parking space is not in front of subject property and will not be affected by the project. 18 Properties to the west Properties to the southwest 19 Properties to the southeast 1 Summary of Proposal Regarding Placement of Objects in Public Right-of-Way by Location Encroachment Pier Plaza SPA-11 (Upper Pier Ave.) Other C districts Outdoor dining Currently allowed EP – standards adopted by resolution No CUP Proposed EP – standards adopted by resolution No EP – adopt standards by ordinance* Retail sales/displays Currently allowed No (standards have been adopted by resolution) No No Proposed EP – standards adopted by resolution or place in ordinance* EP – adopt standards by ordinance* EP – adopt standards by ordinance* Portable signs Currently allowed No No No Proposed EP – adopt standards by ordinance* EP – adopt standards by ordinance* EP – adopt standards by ordinance* * Proposals that do not comply with the regulations could be considered pursuant to a CUP or be directly heard by the City Council. EP- Encroachment Permit CUP- Conditional Use Permit Prepared by Community Development Dept. 12-7-2011 2 Encroachment Pier Plaza SPA-11 (Upper Pier Ave.) Other C districts Outdoor dining Currently allowed EP – standards adopted by resolution Depth: 13’ Awnings: 6.5’ depth Furnishings: tables, chairs, heaters, podiums, etc. Monthly rent/sf: $1 per square foot for snack shops $2 per square foot for restaurants that close before midnight $5 per square foot for restaurants closing after midnight No CUP Monthly rent/sf: $1 per square foot 3 Encroachment Pier Plaza SPA-11 (Upper Pier Ave.) Other C districts Outdoor Dining Proposed EP – standards adopted by resolution Consider minor changes that might be proposed No Alternative: Allow with EP Chamber discussion: Allow one row of tables, remove by 10 p.m. Otherwise similar to other C areas. EP – adopt standards by ordinance* ƒ Applies to all food establishments ƒ Locate adjacent to building ƒ Locate away from R zones ƒ 200 sf max + 1 person/15 sf ƒ Not exceed 30% of sidewalk width ƒ 5’ pedestrian path ƒ Hours: 7 am – 10 pm ƒ No alcohol ƒ No wait-staff service ƒ No barriers or bolting unless required ƒ Furnishings: tables, chairs, umbrellas over tables, heaters (no other items) ƒ No media of any type ƒ Building awnings 50% sidewalk width ƒ Cannot also have merchandise or portable signs ƒ May exceed standards with CUP or City Council review (TBD) Alternatives: ƒ Restaurants and snack shops only ƒ Allow separation from building (not in curb zone) ƒ Require buffer from R zones ƒ Max. 1 seat/15 sf (no maximum sf) ƒ Limit hours or days of week ƒ Silent on wait-staff service Chamber discussion: No special issues 4 Retail sales/displays: The City Council addressed this issue in 2005, adopting a set of guidelines (Resolution 05-6418, Attachment 3) allowing merchandise displays on Pier Plaza under an encroachment permit. These guidelines were adopted under the assumption the zoning and encroachment codes would be amended to explicitly allow these displays. While an ordinance was recommended by the Planning Commission and the matter was considered by the Council, an amendment was ultimately not adopted by the Council. Encroachment Pier Plaza Other C districts Retail sales/displays: Currently allowed No (standards have been adopted by resolution) No SPA-11 (Upper Pier Ave.): No 5 Encroachment Pier Plaza Other C districts Retail sales/displays: Proposed EP – standards adopted by resolution or place in ordinance* Modify standards: ƒ One single-pole umbrellas ƒ No portable shade canopies (pop-ups) ƒ Retractable awnings designed so that they cannot exceed 6’-6” or 50% of encroachment ƒ No advertising ƒ Controls on merchandise displays to prevent cluttered or swap meet appearance Alternatives: ƒ Do not allow/enforce prohibition ƒ Umbrellas and one canopy (max 100 sf) ƒ No umbrellas or canopies Chamber discussion: ƒ Limit depth to 6.5’ ƒ Max. height of racks 5’ ƒ No canopies, or possibly one if raining ƒ Controls on merchandise displays to prevent cluttered or swap meet appearance EP – adopt standards by ordinance* ƒ Applies to all retail and service establishments (no mobile vendors) ƒ Locate adjacent to building ƒ Max. 200 sf, max. 30% of sidewalk (widest sidewalks are 20 feet/30% = < 7‘) ƒ 5’ pedestrian path ƒ Hours: 7 am – 10 pm ƒ Goods/services not available to minors cannot be displayed ƒ Do not allow product demonstrations ƒ Furnishings: Tables or racks to display goods offered for sale or information about a product or service ƒ Single pole umbrellas or building awning allowed ƒ Controls on merchandise displays to prevent cluttered or swap meet appearance ƒ Cannot also have outdoor dining and/or portable sign Alternatives: ƒ Do not allow, or do not allow in SPA-11 ƒ Limit to ‘retail’ establishments that sell merchandise ƒ Distance from R zones ƒ No umbrellas ƒ Limit furnishings to two total of racks and tables ƒ Allow in curb/furniture zones ƒ Allow product demonstrations Chamber discussion: ƒ Max. height of racks 5’ ƒ No canopies ƒ Controls on merchandise displays to prevent cluttered or swap meet appearance ƒ Consider allowances on PCH also 6Portable signs: In 2002 the City Council considered modifications to Chapters 17.50 (signs) and 17.16 (encroachments) to allow sidewalk signs, but ultimately rejected a text amendment to allow them. At that time, the Planning Commission provided the suggested modifications in Attachment 5, with the intention that these would be reviewed by the Public Works Commission before review by the Council. However, the Council directly reviewed the Commission’s draft and at that time terminated the process. Encroachment Pier Plaza, All C zones, Upper Pier Avenue Potable signs: Currently allowed No Potable signs: Proposed EP – adopt standards by ordinance* ƒ Sidewalk, A-frame and similar signs ƒ No moving signs (feather/sail signs) ƒ Place adjacent to business/2nd floor businesses-as determined by PW ƒ Max. one sign per business, max. one per address ƒ Max. 18” x 42” ƒ Sturdy material, no cardboard ƒ Remove by 10 pm ƒ 5’ pedestrian path ƒ Cannot also have outdoor dining or merchandise Alternatives: ƒ Continue to prohibit portable signs ƒ Only allow 2nd floor business to have them ƒ Place adjacent to business/2nd floor businesses-as determined by PW ƒ Specify type of sign frame ƒ Allow businesses with outdoor dining and/or retail sales to have sidewalk signs Chamber discussion: ƒ Consider specifying the sign frame type, such as a single metal frame. Handwritten signs should not be allowed. ƒ Consider standard size signs – 24” wide is more standard than 18” wide. ƒ If feather/sail signs are allowed, the size should be controlled, or consider whether these and similar moving signs should be allowed ƒ Limit the number of portable or feathe/sail signs to one per business, or to one per ‘x’ square feet where multiple businesses are in one shopping center or building to avoid a row of signs on the sidewalk. ƒ Consider that businesses without street frontage or set back from the street especially benefit from portable signs. ƒ Consider allowance on PCH also CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: December 7, 2011 To: Honorable Chairman and Members of the Planning Commission From: Pamela Townsend, Senior Planner Subject: Supplemental – Summary of Meeting - Regulations for outdoor dining, retail sales/displays, and sidewalk signs on the public right-of-way On December 7, 2011 Planning staff met with president, executive director and other members of the Hermosa Beach Chamber of Commerce (10 total) to informally discuss the preliminary proposal to regulate outdoor dining, retail sales/displays, and signs on the public right-of-way. Public Works staff was also present. Comments and observations included the following: 1. Purpose: The primary purpose of placing signs, a few tables or merchandise on the sidewalk is to draw business in. A set of regulations equitably applied and enforced can provide a level playing field for all businesses and enhance the aesthetics of the street. 2. Encroachments generally: There should be allowance for outdoor signs, dining or merchandise in all commercial zones, including Pier Plaza, Upper Pier and other C districts. The limitation to one (either merchandise, outdoor dining or a portable sign) seems reasonable. 3. Pacific Coast highway: The ability to place objects on the sidewalk along Pacific Coast Highway should be clarified. In talking to Public Works staff after the meeting, they advise the right-of-way is owned by Caltrans, but the City and Caltrans share responsibilities in some areas. The City may adopt its own regulations and require businesses to comply with them within the Caltrans right-of-way. However, the business must also obtain an encroachment permit from and comply with Caltrans requirements. Regardless of the exact mechanism, the applicant would need to comply with both City and Caltrans requirements. Sidewalk width and numerous obstructions will significantly limit areas in which encroachment permits could be considered. 4. Upper Pier Avenue: Upper Pier should be subject to regulations similar to Hermosa Avenue. For outdoor dining, consider allowing a single row of tables and chairs that are brought in by 10:00 p.m. 5. Retail on Pier Plaza: ƒ Due to the large areas in which merchants currently have merchandise, and lack of regulation, some of these displays could be better organized and more aesthetic. ƒ Controls to be considered include not allowing canopies (pop-up tents) or only allowing them when it is raining, limit the encroachment depth to 6.5 feet (50% of that allowed for outdoor dining on the Plaza), limit height of racks to 5 feet. ƒ There should be some controls to deal with displays that are junky. ƒ These types of regulations could be considered in other areas as well. ƒ The city should also look at regulations adopted by other cities. 6. Portable signs: ƒ Consider specifying the sign frame type, such as a single metal frame. Handwritten signs should not be allowed. ƒ Consider standard size signs – 24” wide is more standard than 18” wide. ƒ If feather signs are allowed the size should be controlled- or consider whether these and similar moving signs should be allowed. ƒ Limit the number of portable or feather signs to one per business, or to one per ‘x’ square feet where multiple businesses are in one shopping center or building to avoid a row of signs on the sidewalk. ƒ Businesses without street frontage or set back from the street especially benefit from portable signs. ƒ Also enforce restrictions that currently apply to temporary banners. 7. What provision would be made to allow seats on the sidewalk for people waiting? Dog bowls should be allowed without a permit. 8. Fees: Merchandise displays- $1 per square foot on Pier Plaza would be cheap. Consider a lower encroachment permit fee for portable signs. December 7, 2011 To: Pamela Townsend, Senior Planner Honorable Chairman and Members of the Planning Commission From: Maureen Hunt, Executive Director Hermosa Beach Chamber of Commerce. Subject: Proposal of regulations for outdoor dining, retail sales/displays, and sidewalk signs. Thank you for giving the Hermosa Beach Chamber of Commerce and some of our members an opportunity to meet with you this morning to discuss the future regulations for outdoor dining, retail sales/displays, and sidewalk signs. The Chamber is in agreement with your attached memorandum summarizing the meeting that was held this morning. In these poor economic times where retailers and restaurants are trying hard to keep their business successful, we need to do everything possible to help them succeed. There seems to be a growing trend for outdoor dining in all Southern California communities and with our great California weather, we should take advantage of it. As far as displays, signs and racks, etc., retailers feel there is a need for these to attract customers, especially for businesses without a big store front. Businesses are concerned with the aesthetic appearance and are in agreement that there should be some type of regulations. The Chamber would like to note however, that special exceptions should be made available upon request for special events such as the Fiesta, Sidewalk Sales and First Thursdays as long as safety issues are met. Thank you for your consideration and please feel free to contact me if you need any further information. Attachment 8 Pier Plaza Merchandise/Displays Four racks of clothing, umbrella, sunglasses and hat stand all with “Reduced Prices” signs 45 Five total racks of clothes and umbrellas (See above Photo for different angle) Pop-up Tent, Clothing racks and boogie boards (with “Rental” sign) Sidewalk sign, Bikes, Boogie Boards, Rental Signs and Clothing Racks 46 Bikes, Racks of Clothing and Surfboards Racks of clothing (See Above photo for different angle) 47 Surfboards (two racks) and “Rental” Signs 48 Plastic tables (with displays on top), Sunglasses Racks and Display cases PIER AND HERMOSA AVENUE: 11/14/2011 Furniture within private property entryway and on public ROW 49 Table and clothing rack on public ROW Merchandise racks on private property Clothing rack within private property entryway 50 Rack and stand in private entryway, Hermosa Ave Sidewalk sign – part on private, part on public ROW 51 Attachment 9 Examples of Sidewalk Signs 52 1 Attachment 2 Encroachments (submitted by Commissioner Pizer) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach February 21, 2012 Project Title Staff Public Notice Meeting Date Date Rec’d Remarks Text Amendments regarding outdoor dining, retail sales/displays and portable signs on the public right-of- way, and adoption of Negative Declaration. 2/9/12 2/21/12 f:b95\cd\wpc - future agenda 1/12/12 9a Easy Reader Run Date: January 5, 2012 DISPLAY Acct: 7010-2110 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, January 17, 2012, to consider the following: 1. Conditional Use Permit to modify an existing wireless telecommunications facility, AT&T Wireless, by replacing antennas on the building roof with new antennas, remote radio units and equipment/screening cabinets on an existing commercial building at 2447 Pacific Coast Highway (continued from the October 18 and November 15, 2011 meetings). 2. Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 71768 for a 3 unit condominium at 1101 Cypress Avenue. 3. Text amendment to Chapters 12 (Encroachments) and 17 (Zoning) to allow outdoor retail sales/displays and portable signs on the public right-of-way and related amendments for consistency, and environmental Negative Declaration. SAID PUBLIC HEARING shall be held at 7:00 P.M., or as soon thereafter as the matter may be heard in the City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Thursday, January 12, 2012, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Department, Planning Division, at, or prior to, the public hearing. FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division, at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda. A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of the business day on Thursday, January 12, 2012, at the Hermosa Beach Police Department, Public Library, and, on the City’s web site at www.hermosabch.org. Relevant Municipal Code sections are also available on the web site. Ken Robertson, Director Community Development Department f:95\cclerk\legads\display\2012\planning\pc01-17-12