HomeMy WebLinkAbout2008-01-15 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
JANUARY 15, 2008, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order at 7:00 P.M. by Vice -Chairman Perrotti.
Commissioner Hoffman led the Salute to the Flag.
ROLL CALL
Present: Allen, Hoffman, Perrotti, Pizer
Absent: Chairman Kersenboom
Also Present: Community Development Director Ken Robertson
Associate Planner Richard Denniston
Assistant City Attorney Lauren Feldman
ORALIWRITTEN COMMUNICATION
None.
4. Approval of December 5, 2007 Minutes
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to APPROVE the
December 5, 2007, Minutes as presented. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
5. Resolution(s) for Consideration
None.
PUBLIC HEARING(S)
6. CON 07-12 / PDP 07-11 -- Conditional Use Permit, Precise Development Plan and Vesting
Tentative Parcel Map No. 70050 for a 2-unit condominium at 583 Prospect Avenue
(continued from the December 5, 2007 meeting).
Staff Recommended Action: To approve said request.
Associate Planner Denniston presented staff report and the recommendation for approval.
Vice -Chairman Perrotti opened the public hearing.
Dave Watson, project architect, stated that one of the project goals was to separate the two
units as much as possible to maximize the open space between the two buildings.
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January 15, 2008
Vice -Chairman Perrotti questioned if the two large pine trees can be saved.
Mr. Watson stated the large one on Prospect Avenue will stay because it may serve as a sound
buffer from Prospect Avenue.
Vice -Chairman Perrotti closed the public hearing.
Vice -Chairman Perrotti highlighted the 43-percent lot coverage, which is well under the 65-
percent maximum allowed.
MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE CON 07-
12 1 PDP 07-11 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative
Parcel Map No. 70050 for a 2-unit condominium at 583 Prospect Avenue. The motion carried
as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
Commissioner Hoffman recused himself from Agenda Item No. 7, noting this project is near his
residence.
7. PDP 07-12 1 PARK 07-10 -- Precise Development Plan for construction of a new 8,289-
square-foot multi -use manufacturing building and Parking Plan to allow ten tandem parking
spaces and three parking spaces backing directly onto Cypress Avenue at 601 Cypress
Avenue (continued from the December 5, 2007 meeting).
Staff Recommended Action: To approve said request.
Director Robertson presented staff report and the recommendation for approval.
Vice -Chairman Perrotti opened the public hearing.
Patrick Killen, project architect, stated that the owner has received Coastal Commission
approval and that they are ready to begin the project within the next 60 days. He advised that a
meeting took place yesterday between the two property owners to discuss the property line
dispute; that it is the applicant's position for the adjacent neighbor to pursue a prescriptive
easement if they feel one exists; and noted the applicant's belief they have complied with the
zoning requirements. He added they are willing to look at the height of that wall, which is
currently set at 8 feet, as a standard separating wall between residential and commercial; that
they would be willing to look at the landscaping in that area in terms of something that might be
more amenable to the adjacent property owner; and other than that, the applicant does not
believe they can offer anything more to the neighbor. He advised that they are currently in the
process of doing the demolition and shoring for that fence and stated that portion of the property
will have to be abandoned because they are cutting into that basement area at that location.
Albro Lundy, representing the owner of the property on Loma and 6fh Street, confirmed they all
met yesterday to talk about potential resolutions to avoid litigation; stated that the 1998 plans for
this property described a much smaller design than what is currently being proposed; and that it
was understood then that there was this prescriptive easement problem, noting that in those
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January 15, 2008
1998 plans, the neighbor's patio is extending onto Mr. Shaw's property line and that the plans
specifically recognized this condition and was left intact. He stated that when the applicant
raised the size and scope of this project, the number of parking spaces needed to be increased;
and he noted his surprise the City is considering approval of a tandem parking area for this
project. He expressed his belief the tandem parking will not be effective, that parking will spill
out onto the street and directly affect the residential area toward the ocean; and noted his
concern with constructionllarge trucks using this area for parking and creating a noise impact for
the residents. He advised that the negotiations for resolution of the prescriptive easement
included the wall height, landscaping, some of the lateral support on this sandy lot; and stated
he wants to make sure those issues remain open in case there is some resolution between the
owner and his client so that this does not have to come back to the Commission for re -approval
in the future.
There being no further input, Vice -Chairman Perrotti closed the public hearing
Commissioner Allen noted this project was previously approved and stated that because nothing
has changed, he would support it once again. He pointed out that the prescriptive easement
issue is a private matter between the residents; and noted that the project architect indicated a
willingness to work with the neighbor on the wall issue.
Director Robertson confirmed for the Commission this is the same plan that was previously
considered, that there are no changes.
Vice -Chairman Perrotti stated the Commission has occasionally approved some tandem parking
with some condominium developments; noted the Commission believed that tandem parking in
a manufacturing area would be acceptable because of lower traffic and parking issues than
what is experienced in a commercial zone; and he expressed his belief this is a uniquely good
design that will be an improvement to this area.
MOTION by Commissioner Pizer, seconded by Commissioner Allen, to APPROVE PDP 07-121
PARK 07-10 -- Precise Development Plan for construction of a new 8,289-square-foot multi -use
manufacturing building and Parking Plan to allow ten tandem parking spaces and three parking
spaces backing directly onto Cypress Avenue at 601 Cypress Avenue. The motion carried as
follows:
AYES: Allen, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT. Hoffman, Kersenboom
8. L-11 -- Lot merger determination for the property at 230 Longfellow Avenue, comprised of
two existing lots, to determine whether the lots shall be merged into one parcel (continued
from the August 21, September 18, October 16 and November 20, 2007 meetings).
Staff Recommended Action: To merge subject lots.
Associate Planner Denniston presented staff report and the recommendation to merge the
subject lot.
Director Robertson noted for Commissioner Allen that this property was rezoned from R-2 to R-
1 in 1976 and in 1987, the General Plan was made consistent on. this block and was changed
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January 15, 2008
from Medium ' Density to Low Density; and stated that staff does not believe this history is
relevant to this lot merger proposal.
Director Robertson reiterated that the intent of the Lot Merger Ordinance was to deal with
several lots east of Prospect Avenue that are 25 feet wide; stated that by leaving them
unmerged, it would change the neighborhood character; and noted that this situation is very
unique because these are half lots with a condition that fronts on an alley and that it is not
visible from the street.
Commissioner Pizer noted his discomfort with merging this reverse L-lot because of a potential
in the future to have a through lot as a neighbor; and stated he does not see what the City is
gaining by merging this lot.
Highlighting the 35-by-30-foot lot, Commissioner Allen questioned how many square feet could
be built on this lot.
Associate Planner Denniston stated that this lot could accommodate approximately a 1,200- to
1500-square-foot house; and advised that the minimum square footage for a one -bedroom
home is 900 square feet.
Vice -Chairman Perrotti opened the public hearing.
Eric Lawrence, 230 Longfellow, stated this is a unique situation; noted that staff excluded from
comparison this one 30-by-35 foot lot in their statistics because it doesn't front on Longfellow;
pointed out there is no definition for an alley; and expressed his belief this is a good reason not
to merge these lots. Highlighting a survey of the entire block, he advised that there's only one
single-family duplex, which is on a 30-by-35-foot lot; and that there are 4 duplexes and 4
triplexes on that block, with a total of 29 units. He explained that in order to be consistent with
his neighborhood, he would need to add two units to get the same density that is there now,
noting his density is much lower than the rest of the neighborhood; and stated that regardless of
what he would do with this property, it would never increase the average density of the
neighborhood when comparing his property to the density of the other neighborhood properties.
He stated he does not know what he will end up doing with the property, but noted he is
opposed to merging these lots because it would cause him considerable financial loss if he ever
has to sell this property; and he urged the Commission not to merge this property.
Vice -Chairman Perrotti closed the public hearing.
Commissioner Hoffman pointed out that a lot of the existing density in this area is
nonconforming; stated the Commission has had a long time to think about this project; noted
that in his opinion, the City is not better off having two half lots; and that merging this parcel with
the existing lot will create a lot that will offer opportunities for future development.
Commissioner Allen stated that everything about this lot meets the Lot Merger Ordinance, and
expressed his belief this City is in a better position by merging the lots.
Commissioner Pizer questioned the legal status for merging these lots since there is no
definition for lots with alley -only access, stating this may create an issue; stated this is a unique
situation that could eliminate future merger that would allow neighborhood consistency with the
lots; noted if the lot were sold to the neighbor, there would be consistency with the entire
neighborhood; and expressed his belief there is no compelling reason to proceed with a merger
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January 15, 2008
of this property at this time.
Vice -Chairman Perrotti stated that he does believe this is a unique property; noted that since
restarting the merger program, the intent and feedback from the City Council and residents was
for the City to attempt to merge lots when they follow the criteria and improve the neighborhood;
and stated for that reason, he would support the merger.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to APPROVE L-11, a
lot merger for the property at 230 Longfellow Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti
NOES: Pizer
ABSTAIN: None
ABSENT: Kersenboom
Commissioner Allen noted for the applicant that this decision could be appealed to City Council
at its next meeting.
9. VAR 07-9 -- Variance to construct a 3-car garage with a 4-foot setback rather than the
required 17 feet on a "reverse" corner lot located at 201 Prospect Avenue.
Staff Recommended Action: To approve said request.
Associate Planner Denniston presented staff report and the recommendation for approval. He
noted for Commissioner Pizer that the completed floor area will be 3,524 square feet; and noted
that the addition to the rear is going to be architecturally consistent.
Associate Planner Denniston noted for Vice -Chairman Perrotti that along Prospect Avenue is a
salt water intrusion monitoring well/easement which is on the public right-of-way; noted that the
Public Works Director indicated because it's located to the south of the property, a driveway
could be placed on the north side of the property; advised that the Public Works Department is
adamantly opposed to having a garage fronting on Prospect at that intersection because of the
stop sign; and mentioned that the new garage will be in conformance with the approval of a
variance.
Vice -Chairman Perrotti opened the public hearing.
Mr. Blechin stated this plan has proved to be the best solution for this corner property; he
commented on the history of this property, noting they are attempting to alleviate a parking
issue; pointed out there is a stop sign in front of the home and that cars can only be parked on
the opposite side of 2"d Street; and stated that because of these reasons, a variance is
necessary. He added they are pretty much bound by having the garage on the side due to the
unique lot condition.
George Barks, Redondo Beach, commented on the parking issues confronting the residents
living in this area; noted that in the past, setbacks in front of these garages were provided to
allow for more off-street parking, alleviating the lack of on -street parking; advised that the main
concern of the neighbors is for the applicants to use their garage to park their vehicles so it
won't further impact the on -street parking. He questioned if the applicant explored the
possibility of putting the garage at the westerly end of the property and a driveway off Prospect
Planning Commission Minutes
January 15, 2008
Avenue. He noted the neighbors' concerns for the potential to build a larger home on this lot in
the future; and he stated that parking should be allowed on both sides of this one-way street.
Vice -Chairman Perrotti closed the public hearing.
Commissioner Pizer expressed his belief that 3rd Street is wider than 2nd Street and that in this
case, two-sided parking on 2nd Street may not work well in this area.
Commissioner Allen stated the request meets the criteria for approval.
Commissioner Hoffman stated this reverse corner lot creates a unique situation, but questioned
whether it is enough to support the granting of this variance when there are other solutions that
have been presented, and stated the only issue for him is the stop sign location and making it a
difficult place to easily maneuver.
Vice -Chairman Perrotti expressed his belief that the City will have to adapt to future
development becoming larger, noting the high cost of land in this area and a property owner's
desire to develop to the land's full potential. He noted a letter was received by the Commission
from a resident in opposition to this variance request. He stated he could make the findings to
support a variance given this is a unique lot with the reverse corner and the recommendation
from the Public Works Department with regard to the stop sign; and he stated that there should
be adequate room on site for parking.
MOTION by Commissioner Allen, seconded by Commissioner Pizer, to APPROVE VAR 07-9 --
Variance to construct a 3-car garage with a 4-foot setback rather than the required 17 feet on a
"reverse" corner lot located at 201 Prospect Avenue. The motion carried as follows:
AYES: Allen, Perrotti, Pizer
NOES: Hoffman
ABSTAIN: None
ABSENT: Kersenboom
10. L-11 -- Lot merger determination for the following properties, comprised of two or more
existing lots, to determine whether the lots shall be merged into one parcel:
3020 Manhattan Avenue
312 25th Street
2456 Park Avenue
326 Cochise Street
3030 Manhattan Avenue
315 24th Street
2524 Morningside Drive
2525 Manhattan Avenue
2464 Silverstrand Avenue
135 Ardmore Avenue
Staff Recommended Action: To merge subject lots.
Associate Planner Denniston presented background information concerning the City's efforts to
merge various lots.
3020 Manhattan Avenue:
Associate Planner Denniston presented staff report concerning 3020 Manhattan Avenue and
the recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 3020 Manhattan Avenue. There
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January 15, 2008
being no input, Vice -Chairman Perrotti closed the public hearing regarding this item
MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to MERGE 3020
Manhattan Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
3030 Manhattan Avenue:
Associate Planner Denniston presented staff report concerning 3030 Manhattan Avenue and
the recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 3030 Manhattan Avenue. There
being no input, Vice -Chairman Perrotti closed the public hearing regarding this item.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 3030
Manhattan Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
2525 Manhattan Avenue:
Associate Planner Denniston presented staff report concerning 2525 Manhattan Avenue and
the recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 2525 Manhattan Avenue. There
being no input, Vice -Chairman Perrotti closed the public hearing regarding this item.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 2525
Manhattan Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
312 25th Street:
Associate Planner Denniston presented staff report concerning 312 25th Street and the
recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 312 25th Street. There being no
input, Vice -Chairman Perrotti closed the public hearing regarding this item.
MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to MERGE 312 25th
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January 15, 2008
Street. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
315 24th Street:
Associate Planner Denniston presented staff report concerning 315 24th Street and the
recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 315 24th Street.
Owner (female* -no name given), stated this property is two lots with three legal units; explained
that over many years, they have kept in contact with the City to address various issues
concerning zoning changes to the General Plan; advised that they were consistently told by staff
that the zoning of their property was grandfathered; and that staff also indicated to Southern
California Edison that this property was comprised of two subdivided lots — pointing out that
because of those communications, they had to pay for under -grounding of utilities for these two
lots. She highlighted the properties around hers that are less than the minimum required, one
being 1,880 square feet and one being 1,100 square feet, noting both these properties have
been subdivided and separately built upon. She stated that the standard for this area is a 40-
foot frontage with approximately 4,000 square feet; stated that the lots behind her property
along Myrtle, Silverstrand, and 25th Street are 30-foot .lots; and noted this is not an area with
very large lots or large homes. She pointed out that the majority of these properties have two
different units. She advised that merging this property would create a financial hardship for her.
She added that merging these lots would allow for someone in the future to build a house much
larger than what is consistent in this area. She pointed out that she kept in contact with the City
throughout the years to keep apprised of the zoning changes to the General Plan; that she was
told her property was grandfathered into this zoning; and she asked that the City likewise act in
good faith and not merge these lots.
Man (did not give his name) stated he agrees with the prior speaker, stating the City needs to
adequately balance property rights with the desires of the community.
Lori Venace, resident, stated she is dealing with these same issues in trying to rebuild her
property and conforming with new requirements; and advised that she too was told by staff in
the 1980's and 1990's that her property was grandfathered into its current zoning, noting they
were considering the addition of a second story in those years. She stated that staff told them
they would be permitted to build duplexes on the property, which conformed to the rest of the
street. She expressed her belief that long-time property owners who occupy their properties
should be given more latitude in building because they were given grandfather status; and
expressed her belief property owners who occupy these homes will provide a better product
than those only wishing to make a quick financial gain.
Peggy Marsh, resident, expressed her belief the property in question should not be merged,
believing these.two parcels will be worth having in the future.
Vice -Chairman Perrotti closed the public hearing regarding this item.
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January 15, 2008
Commissioner Allen questioned if anything can be built to code on a 22-foot wide lot.
Director Robertson stated it would be difficult to build and meet the Building Code, noting one
would be left with a 16-foot wide house after subtracting the required 3-foot side yards. Director
Robertson noted for Commissioner Allen that this owner approached the City several years ago
regarding a lot line adjustment to resolve that issue; however, he noted the City could not
approve a lot line adjustment in which it would make a conforming lot less conforming; and
stated that unless the Commission were willing to grant a variance, two 29-foot wide lots would
not be permitted.
Vice -Chairman Perrotti noted that in order to sell and develop the smaller lot, the improvements
would have to be demolished on the smaller lot; and stated that even if a lot line adjustment
were to be done, it would only be 29 feet in width per lot, which would require findings to support
a variance.
Commissioner Hoffman stated for this property to be developed, one would have to tear down
the existing structure since it straddles the lot line; and stated that processing a lot line
adjustment would only create two undesirable lots. He stated the 22-foot lot clearly cannot be
developed as it is and that it should be merged to make any sense for future development.
Commissioner Pizer expressed his belief that a merger would not cause financial hardship
because that parcel is not currently a saleable lot.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 315 24th
Street. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
2464 Silverstrand Avenue:
Associate Planner Denniston presented staff report concerning 2464 Silverstrand Avenue and
the recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 2464 Silverstrand Avenue. There
being no input, Vice -Chairman Perrotti closed the public hearing.
MOTION by Commissioner Allen, seconded by Commissioner Pizer, to MERGE 2464
Silverstrand Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
2456 Park Avenue:
Associate Planner Denniston presented staff report concerning 2456 Park Avenue and the
recommendation to merge these lots.
Planning Commission Minutes
. January 15, 2008
Vice -Chairman Perrotti opened the public hearing regarding 2456 Park Avenue. There being
no input, Vice -Chairman Perrotti closed the public hearing.
MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to MERGE 2456 Park
Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
2524 Morningside Drive:
Associate Planner Denniston presented staff report concerning 2524 Morningside Drive and the
recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 2524 Morningside Drive. There
being no input, Vice -Chairman Perrotti closed the public hearing.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 2524
Morningside Drive. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
135 Ardmore Avenue:
Associate Planner Denniston presented staff report concerning 135 Ardmore Avenue and the
recommendation to merge these lots.
Vice -Chairman Perrotti opened the public hearing regarding 135 Ardmore Avenue. There being
no input, Vice -Chairman Perrotti closed the public hearing.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 135
Ardmore Avenue. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
326 Cochise Street:
Associate Planner Denniston presented staff report concerning 326 Cochise Street and the
recommendation to merge these lots.
Vice -Chairman Perrotti noted that Lot Nos. 44 and 45 are land -locked and cannot be developed.
10 Planning Commission Minutes
January 15, 2008
Vice -Chairman Perrotti opened the public hearing regarding 326 Cochise Street.
Mike Manns, property owner, stated he is not here to contest merging these lots, but asked that
the City place markers where his property ends and where the City's property begins, noting
that City parks surround his property. He advised that his family has maintained the gravel area
for the past 45 years.
Commissioner Pizer stated that since Cochise Street ends at his property, why doesn't the City
vacate that area.
Director Robertson advised that at the request of the property owner, staff has had some
discussions about vacating this portion of the street, but stated that because of the main trunk
sewer line that runs next to this area, staff did not support a vacation.
Mr. Manns pointed out that his family paid for the entire replacement of that sewer project all the
way down the street to 4t" Street, noting the City refused to pay for that improvement on its
property.
Vice -Chairman Perrotti asked that staff discuss with Public Works the possibility of at least
identifying where the City's property ends in relationship to the property owner's property; and
noted that several residents who live in this neighborhood have asked him about where they
can legally park along this street, noting they are unclear where the private property begins.
Director Robertson stated they will communicate this concern with the Public Works Department
and he also suggested the residents address this matter before the Public Works Commission.
Vice -Chairman Perrotti closed the public hearing.
MOTION by Commissioner Hoffman, seconded by Commissioner Allen, to MERGE 326
Cochise Street. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
Director Robertson advised that this is the last of the properties for the Lot Merger program; and
he thanked and commended staff and the Commission for their hard work during this arduous
endeavor.
On behalf of the Commission, Vice -Chairman Perrotti thanked and commended staff for their
hard work.
11. TEXT 07-6 -- Text amendment to the Municipal Code regarding adult businesses.
Staff Recommended Action: To recommend approval of said text amendment modifying the
Municipal Code pertaining to adult businesses.
Director Robertson presented staff report and the recommendation to approve the text
amendment modifying the Municipal Code.
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January 15, 2008
Vice -Chairman Perrotti requested the word "dusk" be replaced with "sunset" in Paragraph 8 of
the resolution, believing "dusk" is too generalized; and he stated that Paragraph 9 should be
amended to require security system tape -recordings be available to the Police Department if
necessary.
With regard to Item No. 2-B, Commissioner Allen questioned how staff came up with the 30
square feet for consideration on the number of film or video booths being permitted.
Director Robertson advised that number is reflected in the City's codes.
Commissioner Allen and Commissioner Pizer suggested the 30-foot rule be increased to 100
square feet.
Vice -Chairman Perrotti opened the public hearing.
George Barks, Redondo Beach, asked what zone is the City restricting these businesses to in
the commercial zone.
Director Robertson stated it is being restricted to the C-3 zone.
Mr. Barks stated that Hermosa Beach stated that Hermosa Beach is a small community and
expressed his belief the City could defend itself from a First Amendment challenge if it were to
require placing this type of business in a manufacturing zone only.
Vice -Chairman Perrotti closed the public hearing.
Commissioner Hoffman stated that staff has done a good job on this amendment.
Commissioner Allen noted his support for staffs recommendation.
Commissioner Pizer commended staff for the proposed amendment. He questioned the
consistency with the application of First Amendment rights and operation of various types
businesses.
Vice -Chairman Perrotti commended staff for clearing up a lot of the ambiguities the Commission
found troubling in the ordinance; and stated he would support the amendment with the
suggested changes, such as replacing the word "dusk" with the word "sunset" in Paragraph 8;
and add language in Paragraph 9 to require the security system tapes be made available to the
Police Department when justified.
Following brief discussion with regard to a time requirement for saving security recordings,
Director Robertson stated that staff will work with the City Attorney's Office in setting a time
requirement for maintaining security tape -recordings.
MOTION by Commissioner Pizer, seconded by Commissioner Allen, to APPROVE TEXT 07-6 -
- Text amendment to the Municipal Code regarding adult businesses; amending Section B-2,
increasing the 30-foot rule to 100 feet; Paragraph B-8, change "dusk" to "sunset"; and
Paragraph 9, that a time be specified for maintaining security tape recordings (they did not
mention in the formal motion making the tape -recordings available to the Police Department
when necessary)**.
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January 15, 2008
Commissioner Hoffman asked what is gained in changing the 30-square-foot rule to 100 square
feet.
Commissioner Pizer stated it limits the number of booths in the store
Commissioner Hoffman pointed out that's already limited by the parking regulations.
Director Robertson stated the parking regulates the number of viewing booths and machines,
but noted the 100-foot requirement would help if a building had excessive parking.
The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
12. TEXT 08-1 -- Text amendment to the Municipal Code to prohibit medical marijuana
dispensaries throughout the City.
Staff Recommended Action: To recommend approval of said text amendment.
Director Robertson presented staff report and the recommendation to approve the text
amendment.
Vice -Chairman Perrotti opened the public hearing. There being no input, Chairman Perrotti
closed the public hearing.
Commissioner Hoffman stated he cannot find any rationale, especially from a land use
perspective, why a medical marijuana dispensary would be a good idea in Hermosa Beach.
MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE TEXT
08-1 -- Text amendment to the Municipal Code to prohibit medical marijuana dispensaries
throughout the City. The motion carried as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
HEARINGS(S)
13. CON 05-26 -- Request for a one-year extension of the Vesting Tentative Parcel Map No.
65480 for a 2-unit planned unit development at 519 and 523 25th Street.
Staff Recommended Action: To extend the expiration date by one year, to January 17, 2009.
Associate Planner Denniston presented staff report and the recommendation for approval.,
MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to APPROVE CON 05-
26, extending Vesting Tentative Parcel Map No. 65480 to January 17, 2009. The motion carried
13 Planning Commission Minutes
January 15, 2008
as follows:
AYES: Allen, Hoffman, Perrotti, Pizer
NOES: None
ABSTAIN: None
ABSENT: Kersenboom
14. STAFF ITEMS
None.
15. COMMISSIONER ITEMS
Commissioner Pizer asked when the special study on the definitions of restaurant, bar, and
nightclubs will be coming before the Commission.
Director Robertson stated it is tentatively scheduled for the next meeting.
Vice -Chairman Perrotti asked that a representative from the' Police Department be present to
answer any questions the Commission may have when it considers the annual review of the
CUP's.
Commissioner Hoffman stated that a town hall meeting will take place on January 261n for the
Upper Pier Avenue Committee to present its recommendations/findings.
Vice -Chairman Perrotti stated that a hazardous waste collection will take place on January 26rn
16. Adjournment
The meeting was formally adjourned at 9:36 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 January 15,
2008.
Sam Perrotti, Vice -Chairman ertson, Secretary
Date
14 Planning Commission Minutes
January 15, 2008