HomeMy WebLinkAbout2009-09-15 PC AGENDAAGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
1315 VALLEY DRIVE
HERMOSA BEACH, CA 90254
September 15, 2009
7:00 P.M.
Ron Pizer, Chairman
Peter Hoffman, Vice Chairman
Kent Allen
Shawn Darcy
Sam Perrotti
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.
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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 I
Consent Calendar
4. Approval of the August 18, 2009 action minutes
5. Resolution(s) for consideration
a. Resolution P.C. 09-24 denying a request to amend the Conditional Use Permits and
Parking Plan to eliminate requirements for two-hour free validated parking related to parking
at Hermosa Pavilion and for the businesses therein at 1601 to 1605 Pacific Coast Highway.
b. Resolution P.C. 09-25 approving an amendment to a Conditional Use Permit to eliminate
the requirement for valet parking in connection with a music and performing arts academy
school for children in Unit No. 285, in the Hermosa Pavilion at 1601 Pacific Coast Highway.
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 Hearing(s)
6. CUP 09-7 / PDP 09-11 -- Amendment to Conditional Use Permit and Precise Development Plan
to eliminate the requirement to remove an existing pole sign and to modify the approved plans
with respect to landscaping and other minor changes, in connection with the expansion of a
motor vehicle repair business at 1017 Aviation Boulevard, Ocean Tire.
Staff Recommended Action: To direct staff as deemed appropriate.
Section III
Hearing(s)
7. PDP 09-12 -- Request for a one year extension of a Precise Development Plan for a 7-unit
commercial condominium at 205 Pier Avenue.
Staff Recommended Action: To approve by minute order extending the expiration date of the
Precise Development Plan by one year to August 19, 2010.
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Section IV
8. Staff Items
a. Status report – Six month review for Blue 32, The Shore and Dragon.
b. Memorandum regarding method and rationale for calculation of “gross floor area” for the
purpose of determining parking requirements.
c. Memorandum regarding rotation of the Planning Commission chairmanship.
d. Tentative future Planning Commission agenda.
e. Community Development Department activity report of July, 2009.
9. Commissioner Items
10. Adjournment
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ACTION MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
AUGUST 18, 2009, 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 7:01 P.M. by Chairman Pizer.
1. Pledge of Allegiance
2. Roll Call
Present: Commissioners Allen, Darcy, Hoffman, Perrotti and Chairman Pizer
Absent: None
Also Present: Community Development Director Ken Robertson
Senior Planner Pamela Townsend
Assistant City Attorney Lauren Feldman
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.
Section I Consent Calendar
4. Approval of the July 21, 2009 action minutes
ACTION: To approve the above minutes as presented.
Motion by Commissioner Perrotti, seconded by Commissioner Darcy. The motion carried by a
unanimous vote.
5. Resolution(s) for approval
6. Adoption of a resolution denying PDP 08-8 / PARK 08-6 -- Precise Development Plan and
Parking Plan for a three-story 40-room hotel with two levels of parking containing 42 parking
spaces with 32 of the 40 required spaces in tandem to be managed with 24-hour valet parking
service and to allow greater than 30% compact parking at 1081, 1085 & 1087 Aviation
Boulevard.
ACTION: To adopt subject resolution denying the hotel project at 1081, 1085 & 1087
Aviation Boulevard.
Motion by Commissioner Hoffman, seconded by Commissioner Darcy. The motion carried as
follows:
Planning Commission Action Minutes
August 18, 2009
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AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
Section II
Public Hearings
7. PDP 09-10 -- Precise Development Plan to construct a second detached dwelling in the SPA-2
(Specific Plan Area No. 2) zone at 111 Barney Court (continued from the July 21, 2009
meeting).
Staff Recommended Action: To approve the Precise Development Plan subject to conditions
as contained in the Resolution.
ACTION: To adopt the resolution approving subject Precise Development Plan.
MOTION by Commissioner Perrotti, seconded by Commissioner Darcy. The motion carried
as follows:
AYES: Allen, Darcy, Perrotti
NOES: Hoffman, Pizer
ABSENT: None
ABSTAIN: None
8. PARK 09-8 -- Parking Plan to exclude interior corridors and the lobby from calculable gross
floor area for the determination of parking requirements in connection with the remodel of an
existing office building for multiple tenants (Body Glove and others) at 824 1st Street.
Staff Recommended Action: To approve the Parking Plan subject to conditions as contained in
the Resolution.
ACTION: To adopt the revised resolution approving subject Parking Plan. The revised
resolution includes an added Condition No. 11 requiring a recorded covenant before permit
issuance.
Motion by Commissioner Darcy, seconded by Commissioner Hoffman. The motion carried as
follows:
AYES: Allen, Darcy, Hoffman
NOES: Perrotti, Pizer
ABSENT: None
ABSTAIN: None
9. PARK 09-7 -- Amendment to the Parking Plan for the Hermosa Pavilion, and Parking Plan/
Conditional Use Permits for the businesses contained therein, to consider eliminating the
requirements for 2-hour free validated parking and for valet parking at 1601 Pacific Coast
Highway.
Staff Recommended Action: To direct staff as deemed appropriate.
Planning Commission Action Minutes
August 18, 2009
2
ACTION: To deny subject Parking Plan and Conditional Use Permit amendment relating to
free validated parking and approve Conditional Use Permit amendment to delete requirement
for valet parking for Kids Kabaret pending adoption of the resolution at the next meeting.
Motion by Commissioner Allen, seconded by Commissioner Hoffman. The motion carried as
follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
Section III
10. Staff Items
a. Tree Preservation - Procedure to encourage replacement of trees destroyed on private
property in R-1 zone.
ACTION: The Planning Commission consensus was to direct staff to prepare a pamphlet
or brochure as an educational tool for R-1 zone.
b. Tentative future Planning Commission agenda.
c. Community Development Department activity report of June, 2009.
11. Commissioner Items
ACTION: Direct staff to return with discussion of method and rationale for calculation of
“gross floor area” for purpose of determining parking requirements.
12. Adjournment
The meeting was formally adjourned at 8:50 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 August 18, 2009.
______________________________ _____________________________
Ron Pizer, Chairman Ken Robertson, Secretary
______________________
Date
Planning Commission Action Minutes
August 18, 2009
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Attachment 1
P.C. RESOLUTION 09-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DENYING A REQUEST TO AMEND THE CONDITIONAL USE
PERMITS AND PARKING PLAN TO ELIMINATE REQUIREMENTS FOR TWO-HOUR
FREE VALIDATED PARKING RELATED TO PARKING AT HERMOSA PAVILION
AND FOR THE BUSINESSES THEREIN AT 1601 TO 1605 PACIFIC COAST HIGHWAY,
HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Gene Shook, Shook Development Company, seeking approval
to amend conditions imposed on a Parking Plan for Hermosa Pavilion and Conditional Use Permits for the
businesses therein, by eliminating the requirement to provide two hours of free validated parking within the
parking structure.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for Amendments to Parking Plan 09-7 and Conditional Use Permit 09-5 on August 18, 2009, at
which time testimony and evidence, both oral and written, was presented to and considered by the Planning
Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission makes the
following factual findings with regard to the application to amend the Parking Plan and Conditional Use
Permits to eliminate the prohibition on charging for the first two hours of parking within the parking structure
required by Condition 15 set forth in City Council Resolution 06-6513 (to allow on-sale alcohol in conjunction
with a restaurant at 1601 Pacific Coast Highway #170), and Condition 1 set forth in City Council Resolution 06-
6482 (for a Parking Plan to allow shared parking for a new allocation of uses):
1. The site is zoned S.P.A. 8. The requirement to provide two hours of free parking imposed on the
discretionary approvals beginning in April 2006 was the result of a revocation/modification proceeding
over these permits to resolve significant spillover parking problems affecting nearby businesses and
residential areas that occurred when customers and employees of Hermosa Pavilion were charged for
parking since at least 2003. A Parking Report prepared in 2006 to assess whether the parking validation
program alleviated spillover parking concluded that a parking demand of 420 spaces would occur at the
peak demand time of 6:00 P.M. on weekdays, that a surplus of 76 spaces (not including valet stalls)
existed in the parking structure to accommodate the demand, and that the significant spillover problems
(shown empirically to be caused by members of the fitness club) were largely resolved by the two hour
free parking within the Pavilion parking structure.
2. City Council Resolution 06-6513 adopted December 12, 2006 required a 6-month review of the two-
hour free parking validation program and requirement for sign posting for the Brix@1601 restaurant, at
which time staff found the site to be in compliance with the Conditions of Approval and found that the
free validated parking program was effective in encouraging patrons of Hermosa Pavilion to park inside
the parking structure and in mitigating offsite spillover parking.
Section 4. The Planning Commission makes the following findings pertaining to the application to
amend a Parking Plan and Conditional Use Permits pertaining to the requirement to provide two hours of free
validated parking within the parking structure, pursuant to Municipal Code Sections 17.40.020 and 17.44.030.E:
1. The requirement to provide two hours of free parking was imposed at a revocation/modification hearing
following preparation of a parking study by an independent consultant that concluded that Hermosa
Pavilion patrons were routinely parking in the residential neighborhood nearby in order to avoid paying
for parking, and the condition was imposed to resolve the spillover parking problem.
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2. While building occupancy is currently estimated to be no more than 65 percent, which means that
parking supply exceeds demand even at peak hour, spillover parking was the result of a charge for
parking rather than the lack of available spaces in the parking structure. Therefore, it is expected that
instituting a charge for parking will likely have the same effect.
3. The tenant in the building which empirically exhibits the greatest parking demand remains located
within the building. No evidence has been presented and there is no reason to believe that spillover
parking problems within the neighborhood associated with the uses in the building will not recur if the
owner is allowed to resume charging for parking, unless other mitigations are imposed.
4. Other parking mitigations providing a similar degree of effectiveness and certainty without imposing a
burden on others have not been presented. For example, a preferential residential parking district
imposes a fee and other administrative burdens on residents, where none currently exist, even if the
owner contributes to the program.
5. The condition to require free validated parking is not arbitrary and has been applied to the parking
structure at 338-400 Pier Avenue. The City has imposed a requirement that all parking shall be free to
customers and employees served by the new building under construction at 338-400 Pier Avenue.
Section 5. Based on the foregoing, the Planning Commission finds that the subject conditions are
necessary to assure compatibility with surrounding uses and hereby denies the request for an Amendment to
Parking Plan 09-7 and Amendment to Conditional Use Permit 09-5; therefore, two hours of free validated
parking within the parking structure and display of signage per Condition 15 set forth in City Council
Resolution 06-6513 and Condition 1 set forth in City Council Resolution 06-6482 shall remain in full force and
effect.
Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
VOTE: AYES: Comms.Allen,Darcy,Hoffman,Perrotti,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-24 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California at their regular meeting of August 18, 2009.
Ron Pizer, Chairman Ken Robertson, Secretary
September 15, 2009
Date
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Attachment 2
P.C. RESOLUTION 09-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE
PERMIT TO ELIMINATE THE REQUIREMENT FOR VALET PARKING IN
CONNECTION WITH A MUSIC AND PERFORMING ARTS ACADEMY SCHOOL FOR
CHILDREN IN UNIT NO. 285, IN THE HERMOSA PAVILION AT 1601 PACIFIC COAST
HIGHWAY, HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Gene Shook, Shook Development Company, seeking approval
to amend conditions imposed on a Conditional Use Permit requiring valet parking for the music and performing
arts academy school known as 'Kids Kabaret' at 1601 Pacific Coast Highway (previously known as 1605 Pacific
Coast Highway).
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the
application for Amendment to Conditional Use Permit 09-5 on August 18, 2009, at which time testimony and
evidence, both oral and written, was presented to and considered by the Planning Commission.
Section 3. Based on the testimony and evidence received, the Planning Commission makes the
following factual findings with regard to the application to amend the Conditional Use Permit to eliminate
Condition 2 in Planning Commission Resolution 05-13 approved February 15, 2005 requiring valet assisted
service parking during peak operating times on weekday evenings in connection with a music and performing
arts academy at Unit 285 in Hermosa Pavilion at 1605 Pacific Coast Highway:
1. When the condition was imposed under Resolution No. 05-13, the site was determined to be physically
suitable for the music and performing arts academy for children aged 4 to 18 including occasional
children’s parties and special performances, in a tenant space comprised of less than 3,000 square
feet square within in a large commercial building which contained a mix of commercial uses and large
parking structure containing sufficient shared parking to satisfy the peak demand of these mix of uses as
demonstrated by a parking analysis submitted by Linscott, Law and Greenspan.
2. The proposed use was found compatible with the neighboring uses, conditioned upon requiring valet
service to reduce spill over parking at the music and performing arts academy on during peak operating
times on weekday evenings.
3. The subject music and performing arts academy is no longer in business in the Hermosa Pavilion;
however, since the Conditional Use Permit runs with the land, the requirement for valet assisted parking
would apply to any future business utilizing the subject CUP in that space.
Section 4. The Planning Commission makes the following findings pertaining to the application to
amend the Conditional Use Permit for a music and performing arts academy pursuant to Municipal Code
Section 17.40.020:
1. The subject music and performing arts academy is no longer in business in the Hermosa Pavilion.
While the Conditional Use Permit runs with the land, it is unlikely that a future business will operate in
the same manner as the defunct business, specifically with parent’s dropping off, picking up and waiting
while the students aged 4-18 participate in music and performance arts lessons. Thus, elimination of
Condition 2 of Planning Commission Resolution 05-13 is essentially a clean-up provision to remove
tenant-specific requirements.
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2. Said Condition 2 was applied prior to the requirement imposed by City Council Resolution 06-6482
approved in December 2006, that two hour free validated parking shall be provided for patrons of the
businesses and offices within the Hermosa Pavilion parking facility, and said condition has been shown
to mitigate parking issues and ensure neighborhood compatibility.
3. The amendment is Categorically Exempt from the California Environmental Quality Act per Guidelines,
Section 15301 Existing Facilities as the project will not result in any physical change and the project
will make a minor modification to condition governing one tenant occupying a small area within an
existing large commercial building wherein conditions subsequently placed on parking for the building
as a whole have mitigated potential parking issues that were previously identified for occasional events
held by one tenant.
Section 5. Based on the foregoing, the Planning Commission hereby approves that portion of
Amendment to Conditional Use Permit 09-5 requesting to eliminate Condition 2 set forth in Planning
Commission Resolution 05-13, which states: "The applicant shall provide valet assisted service parking during
peak operating times on weekday evenings." All other Conditions of Approval in Resolution 05-13, Nos. 1 and
3-14, shall remain in full force and effect.
Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at the office of the Planning Division of the Community Development Department
their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The
Amendment to Conditional Use Permit shall be recorded and proof of recordation shall be submitted to the City
of Hermosa Beach.
The Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents, officers and
employees from any claim, action or proceeding against the City or its agents, officers or employees to attack,
set aside, void or annul this Amendment to Conditional Use Permit. The City shall promptly notify the
Permittee of any claim, action or proceeding and the City shall fully cooperate in the defense. If the City fails to
promptly notify the Permittee of any claim, action or proceeding, or the City fails to cooperate fully in the
defense, the Permittee shall not thereafter be responsible to defend, indemnify or hold harmless the City.
The Permittee shall reimburse the City for any court and attorney’s fees that the City may be required to pay as a
result of any claim or action brought against the City because of this grant. Although the Permittee is the real
party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of
the action but such participation shall not relieve the Permittee of any obligation under this Amendment to
Conditional Use Permit.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
VOTE: AYES: Comms.Allen,Darcy,Hoffman,Perrotti,Chmn.Pizer
NOES: None
ABSTAIN: None
ABSENT None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-25 is a true and complete record of the action taken by the
Planning Commission of the City of Hermosa Beach, California at their regular meeting of August 18, 2009.
Ron Pizer, Chairman Ken Robertson, Secretary
September 15, 2009
Date
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Tentative Future Agenda
PLANNING COMMISSION
City of Hermosa Beach
OCTOBER 20, 2009
Project Title Staff Public
Notice
Meeting
Date
Date
Rec’d
Remarks
⇒ 20 Pier Avenue, Silvio’s Brazilian BBQ—CUP
amendment to modify the existing permit for on-sale beer
and wine only, to allow on-sale general alcoholic
beverages in connection with an existing restaurant and
closing Sunday through Thursday at 12:00 midnight, and
Friday, Saturday and National holidays at 1:00 a.m. the
following morning.
PT 10/8 10/20 8/26
⇒ 715 & 725 21st Street -- Request for a 1 year extension of
a CUP & PDP for a 4 unit condo.
10/20 9/8
F:b93\cd\wpc - future agenda
8d
Easy Reader
Run Date: September 3, 2009 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, September 15, 2009, to consider the following:
1. Amendment to Conditional Use Permit and Precise Development Plan to eliminate the requirement to
remove an existing pole sign and to modify the approved plans with respect to landscaping and other
minor changes, in connection with the expansion of a motor vehicle repair business at 1017 Aviation
Boulevard, Ocean Tire.
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, September 10, 2009, 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, September 10, 2009, 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\2009\planning\pc09-15-09