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Home My WebLink About2011-07-20 PC AGENDAAGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 July 19, 2011 - July 20, 2011 7:00 P.M. - 3:00 A.M. Shawn Darcy, Chairman Sam Perrotti, Vice Chairman Ron Pizer Peter Hoffman Kent Allen 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. 1 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. a) Written communication from Hany Fangary regarding 802 Hermosa Avenue. Section I Consent Calendar 4. Approval of the June 21, 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. PARK 11-5 -- Parking Plan to allow conversion of 2,200 square feet of designated storage area within an existing 7,033 square foot commercial building with 20 parking spaces, to offices, employee lounge and fitness areas and/or similar ancillary uses, with no additional parking, at 737 – 3rd Street (continued from the June 21, 2011 meeting). Staff Recommended Action: To adopt P.C. Resolution 11-11 approving subject Parking Plan. 7. HLE 11-1 -- Height Limit Exception to allow construction of a new roof deck exceeding the 30-foot height limit in the R-3 zone, at 623 Monterey Boulevard. Staff Recommended Action: To adopt the resolution denying the height limit exception. 8. VAR 11-1 -- Variance to allow a 500 square foot expansion to an existing nonconforming single-family residence, which exceeds the 50% increase in gross floor area allowed for nonconforming uses in the C-2 zone, at 69 10th Court. Staff Recommended Action: To adopt the resolution approving the requested Variance. 9. TEXT 11-2 -- Text Amendment to update the zoning code (Municipal Code, Title 17) with regard to the provision of communication services. Staff Recommended Action: To direct staff to prepare a zoning text amendment from among various options. 2 Section III Hearings 10. PDP 11-4 -- Request for a one year extension for a Precise Development Plan to construct two detached dwellings in an R-1A zone at 526 25th Street. Staff Recommended Action: To adopt a minute order extending the expiration date of the Precise Development Plan by one year to July 21, 2012. 11. A-14#60 -- Appeal of Director’s Decision to determine the property to be a convex slope for the purpose of measuring building height in connection with a proposed new single family residence at 2416 Hermosa Avenue. Staff Recommended Action: To direct staff as deemed appropriate. Section IV 12. Staff Items a. Discussion of ways to reduce capacity of on-sale alcoholic beverage establishments and relationship of parking standards to occupant load (continued from the May 17 and June 21, 2011 meetings). b. Tentative future Planning Commission agenda. c. Community Development Department activity reports of May, 2011. 13. Commissioner Items 14. Adjournment 3 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON JUNE 21, 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 7:07 P.M. by Vice Chairman Perrotti. 1. Pledge of Allegiance 2. Roll Call Present: Commissioners Allen, Hoffman, Perrotti, Pizer Absent: Chairman Darcy Also Present: Community Development Director Ken Robertson Senior Planner Pamela Townsend Assistant City Attorney Brad Wohlenberg Assistant Planner Eva Choi 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. a) Written communications from Mariano Alvarez. ACTION: The Planning Commission consensus was to receive and file the written communications from Mariano Alvarez, noting the absence of Chairman Darcy. Section I CONSENT CALENDAR 4. Approval of the April 19, 2011 action minutes. ACTION: To approve the above minutes with correction on page 1, No. 4, that the Motion to show “noting the absence of Commissioner Perrotti.” Motion by Commissioner Hoffman, seconded by Commissioner Pizer. The motion carried by a unanimous vote, noting the absence of Chairman Darcy and abstention of Commissioner Perrotti. 5. Resolution(s) for approval - None Section II PUBLIC HEARING(S) Planning Commission Action Minutes June 21, 2011 1 6. PARK 11-5 -- Parking Plan to allow conversion of 2,200 square feet of designated storage area within an existing 7,033 square foot commercial building with 20 parking spaces, to offices, employee lounge and fitness areas and/or similar ancillary uses, with no additional parking, at 737 – 3rd Street. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: To direct staff to return with a resolution approving subject Parking Plan incorporating staff recommended conditions and standard conditions, a parking management plan, a cap limiting number of employees to 20 full-time employees, a covenant to not allow sublease of any portion of the property is allowed, and a trigger for the valet parking program. MOTION by Commissioner Hoffman, seconded by Vice Chairman Perrotti. The motion carried as follows: AYES: Comms. Allen, Hoffman, Perrotti, Pizer NOES: None ABSENT: Chmn. Darcy ABSTAIN: None Section III HEARING(S) 7. CUP 08-5 -- Report on violations relating to a Conditional Use Permit to allow on-sale general alcohol and live entertainment in conjunction with a restaurant at 1332 Hermosa Avenue, Blue 32 (continued from the April 19 and May 17, 2011 meetings). Staff Recommended Action: To initiate revocation/modification hearings for a Conditional Use Permit to allow on-sale general alcohol and live entertainment in conjunction with subject restaurant. ACTION: To receive and file. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer. The motion carried as follows: AYES: Comms. Hoffman, Perrotti, Pizer NOES: Comm. Allen ABSENT: Chmn. Darcy ABSTAIN: None 8. A-14#60 -- Appeal of Director’s Decision to determine the property to be a convex slope for the purpose of measuring building height in connection with a proposed new single family residence at 2416 Hermosa Avenue. Staff Recommended Action: To continue to the July 19, 2011 meeting. ACTION: To continue to the July 19, 2011 meeting. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer. The motion carried by a unanimous vote, noting the absence of Chairman Darcy. Planning Commission Action Minutes June 21, 2011 2 Section III 9. Staff Items a. Discussion of Relationship of Parking Standards to Occupant Load (continued from the May 17, 2011 meeting). ACTION: The Planning Commission consensus was to continue this item to the July 19, 2011 meeting and combine with item 9b - On-sale Alcoholic Beverage Establishments Policies for further discussion, noting the absence of Chairman Darcy. b. Discussion of Ways to Reduce Capacity of On-Sale Alcoholic Beverage Establishments (continued from the May 17, 2011 meeting). Staff Recommended Action: To continue the matter to June 21, 2011. ACTION: The Planning Commission consensus was to continue this item to the July 19, 2011 meeting and combine with item 9a - Relationship of Parking Standards to Occupant Load for further discussion, noting the absence of Chairman Darcy. c. Review of Fiscal Year 2011-2012 Capital Improvement Program (CIP) for conformance with the City’s General Plan. ACTION: To Planning Commission consensus was to approve Fiscal Year 2011- 2012 Capital Improvement Program to be conformance with the City’s General Plan, noting the absence of Chairman Darcy. d. Tentative future Planning Commission agenda. e. Community Development Department activity reports of April, 2011. 10. Commissioner Items 11. Adjournment The meeting was formally adjourned at 10:06 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 June 21, 2011. ______________________________ ____________________________ Sam Perrotti, Vice Chairman Ken Robertson, Secretary ______________________ Date Planning Commission Action Minutes June 21, 2011 3 Attachment 4 737 3rd Street- Legal Posting 11 Dear Planning Commission, July 17, 2011 I am writing this letter because due to prior commitments I cannot be at the hearing in person. My name is Paul Stevens and I am the Co‐owner with my wife of 620 Monterey Blvd. one of the properties directly across the street to the east of the subject property. I have been a resident/property owner in Hermosa Beach since 1971. I request the petition for a variance to the code restrictions for the proposed remodel of 623 Monterey Blvd. be denied. The reasons for my request are several fold. 1. The height of the proposed rooftop deck will impact the scenic views of not only myself but also the other members of the Monterey Villas Home Owners Association which include the owners of 614, 616, 618, and 620 Monterey Blvd. Referencing the staff report finding number 1 the assumption that 614, 616, 618 or 620 Monterey exceed the 30 foot code restriction is untrue. Facing the ocean from our balconies, which are below the rooftop level, our views will be adversely obstructed to a greater extent than we currently experience or ever expected to experience (based upon code compliance) when we purchased our properties. 1. The current structure at 623 Monterey Blvd. already is in non‐compliance with the current codes due to a variance for width granted previously. The owner was aware of this when he purchased the property. In building vertically upon the current variance this further obstructs light and scenic views afforded those surrounding and especially those to the east. These side setbacks to the north and south of the eastern half of the current and future proposed structure is a total of 12 inches less than the 3 feet required by code and calls into the questions of Fire Code access. This fact is conveniently glossed over In the Side Yard Zoning portion of the plans as well as where the measurements were taken and shown on the plot, elevation, and overhead views. 2. The proposed height of the required railings for the deck should be included in the height restrictions of 30 feet as they have structurally opaque elements in both the east‐west as well as the north‐south views. This additionally has a ruinous effect on the skyline afforded those who live to the east and west as well as those adjacent to the north and south. In the 40 years of watching the growth and transformation of Hermosa Beach I have seen many changes and predominately but not all for the betterment. The rules for building have evolved over that time period and for the most part it has kept an orderly and pleasantly developed city where individual property owners rights have been protected and values have increased based upon those rule compliance assurances. We need to continue to require future construction to adhere to these codes both for our safety as well as protecting individual enjoyment of the homes that make up our city. Thank you for your time and consideration in this matter, Paul L. Stevens July 18, 2011 625 Monterey Blvd. Hermosa Beach, CA 90254 Hermosa Beach Planning Commission Re: Variance at 623 Monterey Blvd. Let us preface our comments by saying that we have had a good neighborly relationship with Mr. Durham, and agree that he certainly has the right to remodel his property. We have no desire to have any sort of feud over this matter. However, we believe that aspects of this project as it stands will have significant negative impact on the livability and value of our property next door. We did not want to let our silence imply a tacit approval of this project by those directly affected, hence this letter. The height issue is certainly a concern. We believe that the 30’ code limit is in place for a very good reason, and our city is the better for it. There are too many code exceptions as it is that permit various architectural elements to exceed that height and affect neighbors. The front photos of the house give a misleading small impression of the size of this building as it is. The house is already built larger than code in the north/south dimension, as the result of a variance granted many years ago, before Mr. Durham’s ownership. This proposed expansion should be viewed in that light. The gray house on the south side is considerably more bulky than ours to the north. It’s always been a suspicious mystery how that structure got approved in the first place. But that unfortunate fact should not constitute a pass for other properties. If this project is denied because of the excess height, the rest of our comments will be moot. But if approval is possible, please consider the points below. The solid parapets on the north and south sides of the decks on this project will vastly increase the visual bulk of the property, blocking view lines and sunlight from our property. They would appear to be much more like walls than railings. We’d like to suggest a solution that would mostly eliminate this objection: Make those parapet walls glass like the east‐west railings. Bulk would be diminished, sunlight partially restored, and the result would be far more aesthetically pleasing to the rest of the neighborhood. We realize that our comments may not carry any official weight, but we thank you for your consideration. The Residents of 625 Attachment 3 Zoning Map 8th St Monterey Blvd West Subject Site 9 Attachment 4 Legal Posting 10 12 13 14 15 16 17 18 19 A0.0 A1.0 A2.0 A3.0 A6.0 Attachment 2 Zoning and Vicinity Map 70 10th St 64 10th St Subject lot 10 Attachment 4 Legal Poster 12 Attachment 6 Photos of adjacent nonconforming uses Subject Site 69 10th Court 64 10th Street, North of Subject site 70 10th Street, Northeast of subject site 16 Attachment 2 Examples of Small-Scale Studios Selected images: Google Images, Retrieved May 17, 2011 http://www.google.com/images?q=radio+studios&rls=com.microsoft:en-us:IE-SearchBox&oe=UTF-8&um=1&ie=UTF 8&source=univ&ei=x74bTcH1HYeisAPyIzJCg&sa=X&oi=image_result_group&ct=title&resnum=1&ved=0CCYQsAQwAA&biw=1037 &bih=591 14 Attachment 3 – Zoning Map 15 Attachment 1 Legal Posting 3 Attachment 4 Site Photo 2420 Hermosa Ave Subject Site 2416 Hermosa Ave Subject Site 2408 Hermosa Ave 6 Subject Site Properties to the north of subject site exhibit similar retaining condition along Hermosa Avenue Subject Site Intersection of Hermosa Ave and 24th Street 7 Attachment 1 Legal Posting 3 4 5 Attachment 4 Site Photo 2420 Hermosa Ave Subject Site 2416 Hermosa Ave Subject Site 2408 Hermosa Ave 6 Subject Site Properties to the north of subject site exhibit similar retaining condition along Hermosa Avenue Subject Site Intersection of Hermosa Ave and 24th Street 7 8 9 10 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach August 16, 2011 Project Title Staff Public Notice Meeting Date Date Rec’d Remarks ⇒ 6 month review and report on Conditional Use Permit compliance for restaurants with on-sale alcohol (Hearing only) 8/16 1/26 Per 1/25/11 City Council: Review every 6 months with establishments that have incidents report. ⇒ Discussion of Placement and Management of Employee Parking Program on Pier and Hermosa Avenues f:b95\cd\wpc - future agenda 7/14/11 12b Easy Reader Run Date: July 7, 2011 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, July 19, 2011, to consider the following: 1. Variance to allow a 500 square foot expansion to an existing nonconforming single-family residence, which exceeds the 50% increase in gross floor area allowed for nonconforming uses in the C-2 zone, at 69 10th Court. 2. Height limit exception to allow construction of a new roof deck exceeding the 30-foot height limit in the R-3 zone, at 623 Monterey Boulevard. 3. Text Amendment to update the zoning code (Municipal Code, Title 17) with regard to the provision of communication services. 4. Parking Plan to allow conversion of 2,200 square feet of designated storage area within an existing 7,950 square foot commercial building with 20 parking spaces, to offices, employee lounge and fitness areas and/or similar ancillary uses, with no additional parking, at 737 – 3rd Street (continued from the June 21, 2011 meeting). 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, July 14, 2011, 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, July 14, 2011, 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\2011\planning\pc07-19-11