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HomeMy WebLinkAbout2008-03-18 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON MARCH 18, 2008, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS The meeting was called to order at 7:06 P.M. by Chairman Kersenboom. Commissioner Pizer led the Salute to the Flag. ROLL CALL Present: Allen, Hoffman, Kersenboom, Perrotti, Pizer Absent: None Also Present: Community Development Director Ken Robertson Police Chief Greg Savelli Assistant City Attorney Lauren Feldman ORALIWRITTEN COMMUNICATION Jim Lissner, resident, stated that an updated, more comprehensive list of over -crowding citations issued to businesses in the downtown area can be viewed on his website at viva hermosa. com; and stated that he has printouts of that information available this evening. Commissioner Hoffman thanked and commended Police Chief Savelli and his officers for their professionalism in a serious altercation that took place Saturday night on the strand. Police Chief Savelli acknowledged the assistance of other South Bay cities that helped his department that evening, noting there was a good team effort by all. Chairman Kersenboom pulled Agenda Item No. 11 to the front of the Public Hearings, C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on - sale alcohol. 4. Approval of February 19, 2008 Minutes MOTION by Commissioner Hoffman, seconded by Vice -Chairman Perrotti, to APPROVE the February 19, 2008, Minutes as presented. The motion carried as follows: AYES: Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: Allen ABSENT: None 5. Resolution(s) for Consideration a) Resolution P.C. 08-17 approving an after -the -fact variance to the provisions pertaining to expansion of nonconforming uses to allow demolition and reconstruction of the floor system in conjunction with an approximate 307-square-foot expansion to an existing single-family residence located on commercially zoned property at 818 4th Street. Planning Commission Minutes March 18, 2008 MOTION by Vice -Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE Resolution P.C. 08-17. The motion carried as follows: AYES: Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: Allen ABSENT: None HEARING(S) Agenda Item No. 11 was considered out of Agenda order. 11. C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on -sale alcohol (continued from February 19, 2008 meeting). Staff Recommended Action: To direct staff as deemed appropriate. Director Robertson presented staff report and the recommendation. Vice -Chairman Perrotti asked if ABC indicated the exact ratio of food to alcohol sales in connection with the 50/50 violations at the two establishments. Director Robertson stated that staff is not privy to that information; explained that ABC is able to audit the food/alcohol ratio, noting they have more resources to do those audits and investigations. Police Chief Savelli stated that when ABC closes its cases, that statistical audit information will become available; advised that the business owners have been informed on what the percentage is; explained that ABC has access to the Franchise Tax records of the alcohol sales that the City cannot obtain; and that the City has to solely rely upon the documents from the business. He added that ABC has the resources for a check -and -balance system and people specifically trained to do the 50/50 audits. Commissioner Allen stated he viewed the entire video taping of the last meeting wherein this matter was discussed; and he commended Chief Savelli for the informative materials that have been provided to the Commission. Commissioner Hoffman stated he has had an opportunity to get a better understanding of these issues and has received clarification on the unclear statistics regarding the disturbances; and stated that because three establishments have demonstrated operational problems with clear violations of their CUP's, he would suggest a formal hearing be set for modification or revocation of their CUP's based on the evidence presented. He pointed out those businesses will then have an opportunity to answer the charges; and he suggested The Dragon should be taken as the first hearing because it has the highest number of operational violations. MOTION by Commissioner Hoffman to schedule The Dragon for a formal CUP modification/revocation hearing. This motion was amended. Vice -Chairman Perrotti thanked and commended Police Chief Savelli for a comprehensive package of information that was provided to the Commission. He stated that after further consideration, he would support formal hearings for those offending businesses. He stated the Planning Commission Minutes March 18, 2008 three establishments he believes should be set for formal hearings are Blue 32 because of the 8 assaults, over -crowding and ABC hours; secondly, The Dragon, with multiple ABC violations, including dancing and violation of the 50150 rule; and thirdly, The Shore, which is in violation of the 50150 rule. He added that all establishments violating the 50150 rule should be set for formal hearing. Commissioner Pizer noted his support with setting formal hearings. AMENDED MOTION by Commissioner Hoffman, seconded by Vice -Chairman Perrotti, to set formal CUP revocation/modification hearings over the next three months in the following order: The Dragon, Blue 32, and The Shore. Chairman Kersenboom stated he'd like to see more teeth put into the CUP citations, such as increasing the fines. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None Commissioner Hoffman asked staff to look into the City's Municipal Code a provision that will make it easier to give citations to these establishments when they violate their CUP's or ABC conditions. Assistant City Attorney Lauren Feldman stated that staff will look into the legality of that suggestion. The Commission returned to the regular order of the Agenda. PUBLIC HEARING(S) 6. PDP 08-2 -- Precise Development Plan for a new City Public Works facility composed of approximately 3,000 square feet of office and 20,000 square feet of maintenance and storage area replacing the existing facility, and adoption of an Environmental Negative Declaration at 555 6th Street, City Yard. Staff Recommended Action: To approve Phase I of the project. Director Robertson presented staff report and the recommendation. Chairman Kersenboom opened the public hearing. Mike Flaherty, Public Works Superintendent, stated the improvements are necessary for this old building and stated that the project will comply with all standards for wash -down sites. Chairman Kersenboom closed the public hearing. The Commission agreed this would be a dramatic improvement. Planning Commission Minutes March 18, 2008 MOTION by Commissioner Hoffman, seconded by Vice -Chairman Perrotti, to APPROVE PDP 08-2 -- Precise Development Plan for a new City Public Works facility composed of approximately 3,000 square feet of office and 20,000 square feet of maintenance and storage area replacing the existing facility, and adoption of an Environmental Negative Declaration at 555 6th Street, City Yard. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None Commissioner Hoffman recused himself from Item No. 7, noting the project architect is working on one of his projects. 7. ZON 08-1 1 TEXT 08-2 1 CON 08-2 1 PDP 08-1 -- Zone Change from R-1A (two units per lot zone) to a Specific Plan Area (SPA) zone incorporating all the R-1A standards including the density standard of 3,350 square feet of lot area per unit but to exclude the specific restriction of two units per lot; Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 70310 for a 4-unit condominium project. The Zone Change is being requested so the two existing 35-foot wide lots on 21st Street can be combined for the development of four detached units with access from a shared driveway along the side, rather than the development of four units with separate two -unit projects fronting on 21st Street, and adoption of an Environmental Negative Declaration at 719 and 725 21st Street. Staff Recommended Action: To recommend approval of said Zone Change and Text Amendment and approve the condominium project. Director Robertson presented staff report and the recommendation; and he noted a supplemental item was distributed this evening, reflecting minor amendments to the two resolutions. Chairman Kersenboom opened the public hearing. Brad Scott, president of Urban Point Development, stated they will have the same amount of density that is currently permitted, but that this change will allow them to combine these lots and provide a much nicer design. He stated it will provide 4 detached units, with each one having a sizable backyard and attractive facades; advised that there will be no curb cuts or an additional driveway; noted there will be one guest parking space per unit; and highlighted the pleasing 50 percent lot coverage. Chairman Kersenboom closed the public hearing. Commissioner Allen stated this is a better project by merging the lots. Vice -Chairman Perrotti stated the proposed option is more attractive, noting that there will be more landscaping and a decrease in lot coverage. Commissioner Pizer stated this is an excellent utilization of the lot. MOTION by Commissioner Pizer, seconded by Commissioner Allen, to APPROVE ZON 08-1 4 Planning Commission Minutes March 18, 2008 and TEXT 08-2, Zone Change from R-1A (two units per lot zone) to a Specific Plan Area (SPA) zone incorporating all the R-1A standards including the density standard of 3,350 square feet of lot area per unit but to exclude the specific restriction of two units per lot. The motion carried as follows: AYES: Allen, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Hoffman MOTION by Commissioner Pizer, seconded by Vice -Chairman Perrotti, to APPROVE CON 08-2 1 PDP 08-1, Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 70310 for a 4-unit condominium project and adoption of an Environmental Negative Declaration at 719 and 725 21 st Street. The motion carried as follows: AYES: Allen, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: Hoffman 8. SUB 08-1 -- Vesting Tentative Parcel Map No. 70173 to subdivide a 21,301-square- foot lot into two lots at 2117 Power Street. Staff Recommended Action: To approve said request. Director Robertson presented staff report and the recommendation. Chairman Kersenboom opened the public hearing. Stacy Harrison stated that she and her husband and another partner are in escrow to purchase this property; and stated that if the split is approved, two homes will be built for their use. Chairman Kersenboom closed the public hearing. The Commission concurred that the project is acceptable and consistent with the area. MOTION by Vice -Chairman Perrotti, seconded by Commissioner Pizer, to APPROVE SUB 08-1 -- Vesting Tentative Parcel Map No. 70173 to subdivide a 21,301-square-foot lot into two lots at 2117 Power Street. The motion carried as follows: AYES: Allen, Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 9. VAR 08-21 A-14 -- A Variance to allow the expansion of an existing one -car garage to a two -car garage with an 8.75-foot garage setback rather than the required 17 feet in conjunction with a remodel and expansion to the existing two-story dwelling; and, an Appeal of the Director's Decision for a convex slope determination for the purpose of measuring building height and to be considered a small lot in order to obtain exceptions to lot coverage and open space Planning Commission Minutes March 18, 2008 requirements otherwise required in the R-1 zone pursuant to Section 17.08.040 for the property located at 1130 2nd Street. Staff Recommended Action: To continue to the April 15, 2008 meeting. Director Robertson noted the applicant's request for a continuance of this matter because they were not able to attend this evening's meeting. Chairman Kersenboom opened the public hearing. There being no input, Chairman Kersenboom closed the public hearing. MOTION by Vice -Chairman Perrotti, seconded by Commissioner Pizer, to CONTINUE to the next meeting VAR 08-2 1 A-14 -- A Variance to allow the expansion of an existing one -car garage to a two -car garage with an 8.75-foot garage setback rather than the required 17 feet in conjunction with a remodel and expansion to the existing two-story dwelling; and an Appeal of the Director's Decision for a convex slope determination for the purpose of measuring building height and to be considered a small lot in order to obtain exceptions to lot coverage and open space requirements otherwise required in the R-1 zone pursuant to Section 17.08.040 for the property located at 1130 2nd Street. The motion carried as follows: AYES: Allen, Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 10. PARK 08-2 -- Parking Plan amendment to modify the allocation of uses within the Hermosa Pavilion to include a wine storage facility for private wine collectors at 1601 Pacific Coast Highway. Staff Recommended Action: To continue to the April 15, 2008 meeting. Director Robertson noted the applicant's request for a continuance of this matter because they need to complete more information for staff's review. Chairman Kersenboom opened the public hearing. Gene Shook stated that he needs to make some modifications to the plans; and noted that while it's private storage, a lot of the wine will be used in the restaurant and will be available for consignment sales. Ron Miller, resident, noted his concern that the property owner is not following through with the promises he made with City Council, pointing out he has yet to erect any mirrors to improve the safety for pedestrians and vehicles. George Banc, owner of Ideal 55 Wine Storage, stated this use will require very little parking. Chairman Kersenboom closed the public hearing. MOTION by Commissioner Hoffman, seconded by Vice -Chairman Perrotti, to CONTINUE to the next meeting PARK 08-2 -- Parking Plan amendment to modify the allocation of uses within the Hermosa Pavilion to include a wine storage facility for private wine collectors at 1601 Pacific 5 Planning Commission Minutes March 18, 2008 Coast Highway. The motion carried as follows: AYES: Allen, Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None Agenda Item No. 11 was considered at the beginning of the meeting. 11. C-36 -- Annual review and report on Conditional Use Permit compliance for restaurants with on -sale alcohol (continued from February 19, 2008 meeting). Staff Recommended Action: To direct staff as deemed appropriate. 12. STAFF ITEMS a. Use determination in regards to a proposed wine storage facility located at 1601 Pacific Coast Highway. Director Robertson stated that the Commission should resolve the issue whether private wine storage is a permitted use in this zone; advised that the City does not have wine storage or self - storage facilities listed; and stated that staff is suggesting the Commission support this use under the classification for Hobby and Craft Suppliers. He stated it is defined as, "Retail sales, service and provision of facilities for various types of crafts and hobbies engaged in by individuals typically for fun or relaxation, but not for financial gain, including, but not limited to, photography, knitting, weaving, cooking, home brewing, collecting, model trains and cars, stained glass and other typical home arts and crafts." He advised that this classification does not include sports and recreation activities or hobbies that involve heavy machinery or motor vehicles. He stated if the Commission believes wine collecting is a hobby, then this would be a category where this use could fall under and they could proceed with a parking plan amendment at the next meeting. Chairman Kersenboom pointed out that some of these wines would be on consignment and therefore would not fall under the "not for financial gain" category. Vice -Chairman Perrotti expressed his belief this is a retail business, generating some revenue for this establishment; and he suggested that staff check with the city of Los Angeles and San Francisco to see what they have proposed. He stated it is a stretch to call this a hobby. Commissioner Hoffman made the analogy that this is sort of like a safety deposit box at a bank, paying a fee; and that it sounds more like a self -storage facility and not really a hobby. Director Robertson noted staff's belief this is not for financial gain in terms of those who are engaged in the hobby. In response to Vice -Chairman Perrotti's suggestion, he stated that any Los Angeles storage would most likely be in a manufacturing zone; and noted that the City does not list storage businesses as a permitted use in the Commercial zones. Commissioner Pizer noted his support of Commissioner Hoffman's analogy with the safety deposit box, stating it's not that big of a distinction; and that this is mainly a property owner who is storing the collection of a wine collector. Planning Commission Minutes March 18, 2008 Gene Shook explained that when this restaurant proposal first came before the Commission, this is exactly what he had intended for storage of his wine and private wines; and noted he never planned to own all the wine himself. He stated this is ancillary to the wine retail and the restaurant; and pointed out that the space will not be reconfigured. Director Robertson stated that consignment sales is ancillary to the wine retail shop and is permitted as a storage for the retail; and expressed his belief this use can fall under the hobby and craft category. MOTION by Commissioner Pizer, seconded by Commissioner Hoffman, to consider the private wine storage under Hobby and Crafts. The motion carried as follows: AYES: Allen, Kersenboom, Hoffman, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None b. Memorandum regarding rotation of Planning Commission chairmanship. Director Robertson noted the next person in the rotation to serve as Chairman will be Sam Perrotti. The Commission noted its support of Sam Perrotti becoming the next Planning Commission Chairman. Director Robertson noted the next person in the rotation to serve as Vice -Chairman will be Ron Pizer. The Commission noted its support of Ron Pizer becoming the next Planning Commission Vice -Chairman. Director Robertson introduced Rosie Lackow who will be working on an interim basis as a Senior Planner, noting she recently retired from Manhattan Beach. 13. COMMISSIONER ITEMS None. 14. ADJOURNMENT The meeting was formally adjourned at 8:32 P.M. CERTIFICATION 1 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-meeti of arch 18, 2008. Langley K nboom; Chairman Z ' en Ro ason, ecretary Date Planning Commission Minutes March 18, 2008