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HomeMy WebLinkAbout2009-11-17 PC AGENDAAGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 November 17, 2009 7:00 P.M. Peter Hoffman, Chairman Kent Allen, Vice Chairman Shawn Darcy Sam Perrotti Ron Pizer 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. Section I Consent Calendar 4. Approval of the October 20, 2009 action minutes 5. Resolution(s) for consideration a. Resolution P.C. 09-29 denying a Variance to allow a new two-car garage with a six-foot four-inch setback rather than the required seventeen foot setback in connection with a remodel and expansion of two existing nonconforming dwelling units at 212 35th Street. 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 09-9 -- Conditional Use Permit amendment for on-sale general alcoholic beverages and live entertainment in conjunction with an existing restaurant, to allow extended hours of operation and amending conditions relating to food sales, alcoholic beverage prices, admission charges and number of televisions. The requested changes in hours are from a current closing on Thursday through Saturday nights and holidays of 1:00 a.m. the following morning to 1:30 a.m. the following morning; and from a current 12:00 midnight closing on Sunday through Wednesday nights to 1:00 a.m. the following morning, Hours for Live Entertainment are proposed to change from a current closing on Thursday through Saturday nights and holidays of 12:30 a.m. the following morning to 1:00 a.m. the following morning; and change from no live entertainment on Sunday through Wednesday nights to allowing live entertainment until 12:30 a.m. the following morning at 22 Pier Avenue (Dragon). Staff Recommended Action: To adopt the resolution denying the Conditional Use Permit Amendment. 7. CUP 09-10 -- Conditional Use Permit to allow live entertainment and/or music academy with on-sale alcoholic beverages limited to beer and wine, with limited food service and catered events, between 11:00 a.m. and 11:00 p.m. daily, in Hermosa Pavilion at 1601 Pacific Coast Highway, #285 (Flying Stone Jazz and Blues Club – previously Kids Kabaret). Staff Recommended Action: To direct staff as deemed appropriate. 2 Section III 8. Staff Items a. Tentative future Planning Commission agenda. b. Community Development Department activity report of September, 2009. 9. Commissioner Items 10. Adjournment 3 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON OCTOBER 20, 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 7:02 P.M. by Chairman Hoffman. 1. Pledge of Allegiance 2. Roll Call Present: Commissioners Allen, Darcy, Perrotti, Pizer and Chairman Hoffman Absent: None Also Present: Community Development Director Ken Robertson 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 September 15, 2009 action minutes ACTION: To approve the above minutes as presented. Motion by Commissioner Perrotti, seconded by Commissioner Pizer. The motion carried by a unanimous vote. 5. Resolution(s) for approval a. Resolution P.C. 09-26 approving an amendment to Conditional Use Permit and Precise Development Plan to retain an existing pole sign, and denying the request to modify the approved plans with respect to landscaping, in connection with the expansion of a motor vehicle repair business (Ocean Tire) at 1017 Aviation Boulevard. ACTION: To approve the above Resolution P.C. 09-26 as presented. Motion by Commissioner Perrotti, seconded by Commissioner Allen. The motion carried as follows: AYES: Allen, Darcy, Hoffman, Perrotti, Pizer NOES: None ABSENT: None ABSTAIN: None Planning Commission Action Minutes October 20, 2009 1 Section II Public Hearing(s) 6. CUP 09-6 -- Conditional Use Permit 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, closing Sunday through Thursday at 12:00 midnight, and closing Friday, Saturday and National holidays at 1:00 a.m. the following morning, at 20 Pier Avenue (Silvio’s Brazilian BBQ). Staff Recommended Action: To adopt the resolution denying the Conditional Use Permit Amendment. ACTION: To deny subject Conditional Use Permit amendment by adopting the resolution as presented. MOTION by Commissioner Pizer, seconded by Commissioner Allen. The motion carried as follows: AYES: Allen, Darcy, Hoffman, Perrotti, Pizer NOES: None ABSENT: None ABSTAIN: None 7. VAR 09-2 -- A Variance to allow a new two-car garage with a 6-foot 4-inch setback rather than the required 17 feet (replacing an existing one-car garage with a nonconforming 3- foot 4-inch setback) in connection with a remodel and expansion of two existing nonconforming dwelling units at 212 35th Street. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: To deny subject Variance pending adoption of the resolution at the November 17, 2009 meeting. MOTION by Commissioner Pizer, seconded by Commissioner Perrotti. The motion carried as follows: AYES: Darcy, Hoffman, Perrotti, Pizer NOES: Allen ABSENT: None ABSTAIN: None 8. CUP 09-8 / PARK 09-9 -- Conditional Use Permit and Parking Plan amendment for minor alterations and to update and clarify the conditions of approval relating to occupancy of an existing restaurant with on-sale alcohol and live entertainment at 1200 Hermosa Avenue, Club Sushi. Staff Recommended Action: To adopt the resolution approving the Conditional Use Permit and Parking Plan Amendments. Planning Commission Action Minutes October 20, 2009 2 ACTION: To approve subject Conditional Use Permit and Parking Plan amendment by adopting the resolution as presented. MOTION by Commissioner Darcy, seconded by Commissioner Perrotti. The motion carried as follows: AYES: Darcy, Perrotti, Pizer NOES: Allen, Hoffman ABSENT: None ABSTAIN: None Section III Hearing(s) 9. CON 09-7 / PDP 09-13 -- Request for a one year extension of a Conditional Use Permit and Precise Development Plan for a 4-unit condominium at 719 and 725 21st Street. Staff Recommended Action: To approve by minute order extending the expiration date of the Conditional Use Permit and Precise Development Plan by one year to September 17, 2010. ACTION: To approve by minute order extending the expiration date of the Conditional Use Permit and Precise Development Plan by one year to September 17, 2010. Motion by Commissioner Perrotti, seconded by Commissioner Pizer. The motion carried as follows: AYES: Allen, Darcy, Hoffman, Perrotti, Pizer NOES: None ABSENT: None ABSTAIN: None Section IV 10. Staff Items a. Tentative future Planning Commission agenda. b. Community Development Department activity report of August, 2009. 11. Commissioner Items 12. Adjournment The meeting was formally adjourned at 9:31 P.M. Planning Commission Action Minutes October 20, 2009 3 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 October 20, 2009. ______________________________ ________________________________ Peter Hoffman, Chairman Ken Robertson, Secretary ______________________ Date Planning Commission Action Minutes October 20, 2009 4 Community Development Department Planning Division City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Condition Use Permit to Allow Live Entertainment and/or Music Academy with On-Sale Alcoholic Beverages (Flying Stone Jazz and Blues Club) As residents residing close to the Pavilion we are opposed to the issuing of a conditional use permit for a live entertainment club for the following reasons: 1. The establishment of this type of club does not fall into the classification for a food establishment and therefore is a night club. This is a sorry attempt for the owner of the Pavilion to force the city to issue another liquor license to him. 2. The city already has 90+ liquor establishments and the addition of another license will dilute the customer base of the existing licenses. Sooner or later there will not be enough patrons to go around. Each additional license that is added in the city brings in people from other towns and in some cases creates additional problems. 3. The addition of another liquor license in the subject building will not help the building. The current restaurant is not doing that well and if you keep allowing liquor licenses in the building you will have a nightmare for the police. You should plan on adding additional police officers if you allow this license because it is so far out of the mainstream that officers will be diverted from more pressing issues on the pier. 4. The local residents have not been apprised of any noise study for this type of establishment. The 11 pm closing time is beyond the city ordinance quiet time for an area where there is resident housing and where the residents should expect to have a fairly noise free environment. This type of club will increase noise for Pacific Coast Highway residents and for residents residing at the Commodore due to increased auto noise, band music, and patrons leaving at or after 11 pm at night. The noise will increase because patrons will go downtown to continue partying and will use 16th street to go there. 5. The establishment of a Live Entertainment club violates the distance requirements from our local grade school on Valley Drive. 6. The establishment of a Live Entertainment club (without restrictions as to the time of day for live entertainment) may violate the state law as regards the passage of students to and from schools during the day. 7. The residents have not been apprised of any study of the impact to resident parking for the establishment of a Live Entertainment Club nor have the residents been apprised of any changes to the CUP for the Pavilion Parking structure. 8. The establishment of a Live Entertainment Club without definition (and/or) is an example of pushing another liquor license through. How can the city even issue a license with such a weak definition of the type of business it is requested to issue the license for? I can assure you the residents who received the public notice can only have severe reservations on this license and they have no idea what type of business it is nor does the requestor want us to know. 9. The residents had to deal with all types of problems with the prior Club 705 due to them bringing in promoters who advertising almost approached porn and had girls dancing in the windows. There is apparently no definition as to what a music academy is. 10. Every time another liquor license is issued the values of resident property drops. Hermosa Beach is known as the party town. Look at the ages of the people who are renting in the town. We are tired of dealing with liquor related issues and having to resort to calling the police department to get those issues resolved. Ron and Linda Miller 1600 Ardmore #213 Hermosa Beach, CA 90254 Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach DECEMBER 2, 2009 (WEDNESDAY) Project Title Staff Public Notice Meeting Date Date Rec’d Remarks ⇒ 4th Qtr GPA, if any 11/19 12/2 F:b93\cd\wpc - future agenda 8a Easy Reader Run Date: November 5, 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, November 17, 2009, to consider the following: 1. Conditional Use Permit amendment for on-sale general alcoholic beverages and live entertainment in conjunction with an existing restaurant, to allow extended hours of operation and amending conditions relating to food sales, alcoholic beverage prices, admission charges and number of televisions. The requested changes in hours are from a current closing on Thursday through Saturday nights and holidays of 1:00 a.m. the following morning to 1:30 a.m. the following morning; and from a current 12:00 midnight closing on Sunday through Wednesday nights to 1:00 a.m. the following morning, Hours for Live Entertainment are proposed to change from a current closing on Thursday through Saturday nights and holidays of 12:30 a.m. the following morning to 1:00 a.m. the following morning; and change from no live entertainment on Sunday through Wednesday nights to allowing live entertainment until 12:30 a.m. the following morning at 22 Pier Avenue (Dragon). 2. Conditional Use Permit to allow live entertainment and/or music academy with on-sale alcoholic beverages limited to beer and wine, with limited food service and catered events, between 11:00 a.m. and 11:00 p.m. daily, in Hermosa Pavilion at 1601 Pacific Coast Highway, #285 (Flying Stone Jazz and Blues Club – previously Kids Kabaret). 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, November 12, 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, November 12, 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\pc11-17-09