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HomeMy WebLinkAbout2022-11-15 PC Action Minutes Regular MeetingCity Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Final Planning Commission Chair David Pedersen Vice Chair Stephen Izant Commissioners Peter Hoffman Rob Saemann Marie Rice 6:00 PMTuesday, November 15, 2022 I. CALL TO ORDER The Planning Commission regular meeting was held in-person and virtually pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021.The meeting was called to order by Chair David Pedersen at 6:01 PM. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Rob Saemann. III. ROLL CALL Present: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice Absent: 0 All Planning Commissioners were present in-person in the Council Chambers. Staff present in-person in the Council Chambers: Corrie Kates, Interim Community Development Director Patrick Donegan, City Attorney Maricela Guillean, Associate Planner Johnathon Masi, Assistant Planner Paul LeBaron, Police Chief Staff present virtually: Christy Teague, Senior Planner James Atkins, Senior Planner Melanie Bristow, Administrative Assistant IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS Page 1City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final The following person provided public comment: 1. Matt McCool (in-person) V. CONSENT CALENDAR a.REPORT 22-0728 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF OCTOBER 18, 2022 (Administrative Assistant Melanie Bristow) Motion by Commissioner Rice and seconded by Commissioner Saemann to approve the action minutes of the Planning Commission regular meeting of October 18, 2022 as presented. The motion carried as follows: Ayes: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice Noes: 0 Absent: 0 VI. HEARING -- TRI-ANNUAL REPORT a.REPORT 22-0732 TRI-ANNUAL REPORT FOR ON-SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS - REPORTING PERIOD OF MARCH 1, 2022 TO AUGUST 31, 2022 (Interim Community Development Director Corrie Kates) Interim Community Development Director Corrie Kates provided a brief description of the Tri-Annual Report. Police Chief Paul LeBaron was present to address any questions. Vice Chair Izant inquired about the third administrative citation given to Hennessey’s mentioned on page five of the staff report. City Attorney Patrick Donegan responded that the citation was regarding the lay-out and size of their outdoor dining area, but it has now been resolved with Hennessey’s cooperation. Chair Pedersen asked Chief LeBaron how to connect the findings in the Tri-Annual Report with his presentations provided to City Council to figure out how to better the downtown environment. Chief LeBaron said it is difficult to point out exact problems or problematic areas. He said Police Officers look at what the incidents are and Police responses to incidents in the downtown area, specifically Pier Plaza, late at night. He noted that there is a limited number of Police Officers. Local neighborhoods need Police in their areas due to property crimes. When Police Officers are all forced to be in a single footprint of the City, it makes it difficult to provide Police services everywhere else. The Police Department did start conversations with establishment owners at a meeting on April 14th. One of the objectives was to work with local businesses to create campaigns to address DUIs and safe driving. Social media campaigns are being worked on to help address these issues. Information has been collected on DUI arrest statistics and other pertinent data to help with those efforts. When Police Officers are working with establishments who want to take the initiative to combat change, there is a difference that can be made. Commissioner Saemann questioned if there has been an increase in the number Page 2City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final of firearm confiscations. Chief LeBaron responded that there has been a significant amount from what they are used to seeing, but he did not have the data on-hand to say if it was a drastic increase from last year or not. Commissioner Saemann asked if a category including firearms should be included in the Tri-Annual Report. Chief LeBaron said he did not feel it would provide the information that the Commissioner is seeking. Vice Chair Izant questioned if information had been gathered regarding the 50/50 ratio required for restaurants. City Attorney Donegan said Staff is still working on gathering that information. The following person provided public comment: 1. Matt McCool (in-person) Motion by Commissioner Rice and seconded by Commissioner Saemann to receive and file the Tri-Annual Report as presented. Motion carried as follows: Ayes: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice Noes: 0 Absent: 0 VII. MUNICIPAL MATTERS a.REPORT 22-0733 INFORMATION ONLY: PUBLIC NOTICES, PROJECT ZONING MAPS, RADIUS MAPS AND MAILING AFFIDAVIT (Administrative Assistant Melanie Bristow) b.REPORT 22-0720 MURAL DETERMINATION REQUEST (MD22-01) FOR A TRI-IMAGE 65.26 SQUARE FOOT PAINTED DISPLAY PROPOSED ON THE NORTHERLY WALL OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 8 PIER AVENUE (HENNESSEY’S TAVERN) AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (Assistant Planner Johnathon Masi) Commissioner Saemann recused himself from this agenda item. Assistant Planner Johnathon Masi provided a staff report on this item. There were no public comments. Commissioner Rice noted that additional information has been added as supplemental information to the report, including that Guinness is sold at the establishment and advertisements for Guinness also appear throughout the interior of the establishment. Chair Pedersen asked for clarification on the commodity sign definition. Assistant Planner Johnathon Masi provided code specifications for the Planning Commission. Commissioner Rice commented that the toucan is art associated with a specific brand and the imagery represents a product that is sold within the business. This Page 3City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final is advertising that is associated with a brand. She is denying the staff recommendation that this is art, but she does find that it is a commodity sign. Commissioner Rice feels the painting should be revised to fit into the allowable percentages. Chair Pedersen said Commissioner Rice raised excellent points. Commissioner Hoffman commented that he thinks there should be a recommendation from Staff that this is a commodity sign. He said perhaps they should add the glasses back onto the beak of the little toucan and eliminate the other two toucans to make this a commodity sign if the applicant chooses to do so. Vice Chair Izant commented that Commissioner Rice is correct in her statements. He said the middle-sized toucan is slightly over the allowable space so artistically it would make more sense to keep that toucan. Commissioner Hoffman concurred with Commissioner Rice that he could not agree to a variance allowing this to be oversized. Vice Chair Izant suggested that there is a consensus to keep the toucan on the left the way it is, with the beverages on the beak, and to eliminate the other two while the smallest panel, on the left, could remain as is; the entire image on the right should be removed. City Attorney Donegan confirmed that Staff should return with a resolution of denial, based on the Planning Commission’s findings. Motion by Commissioner Rice and seconded by Commissioner Hoffman to direct Staff to return with a resolution of denial determining that the proposal is not a mural under the Hermosa Beach municipal code. Motion carried as follows: Ayes: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Hoffman, and Commissioner Rice Noes: 0 Recused: 1 - Commissioner Saemann Absent: 0 VIII. PUBLIC HEARING a.REPORT 22-0725 URGENCY ORDINANCE TO AMEND THE HERMOSA BEACH MUNICIPAL CODE SECTION 17.04.040 AND CHAPTER 17.21 REGARDING ADUs AND JADUs (Interim Community Development Director Corrie Kates) City Attorney Patrick Donegan provided a staff report for the Planning Commission. There were no public comments. Motion by Commissioner Hoffman and seconded by Vice Chair Izant to adopt PC Resolution 22-18 recommending that the City Council approve Zone Text Amendment 22-02, thereby amending Chapter 17.04 and Chapter 17.21 regarding ADUs and JADUs, recommending that the City Council adopt an urgency ordinance regarding the same and determine that the project is exempt from the California Environmental Quality Act (CEQA). Motion carried as follows: Ayes: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice Noes: 0 Absent: 0 Page 4City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final b.REPORT 22-0727 A REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT (CUP 22-03) TO MODIFY THE EXISTING TYPE 41 ON-SALE BEER AND WINE - EATING PLACE LICENSE, TO A TYPE 47 ON-SALE GENERAL EATING PLACE LICENSE, FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR THE CONSUMPTION ON THE LICENSE PREMISES, AT AN EXISTING RESTAURANT LOCATED AT 2- PIER AVENUE (SILVIO’S SOUTH AMERICAN LOUNGE AND GRILL), WITH HOURS OF OPERATION OF SEVEN DAYS A WEEK FROM 11:00 A.M. TO 12:00 A.M.; AND TO MAKE THE DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). (Senior Planner James Atkins) There were no public comments. Pursuant to Staff recommendation, motion made by Commissioner Saemann and seconded by Vice Chair Izant to continue this item to the January 17, 2023 regular meeting to provide staff an opportunity to address additional Hermosa Beach Municipal Code and ordinance related matters. Motion carried as follows: Ayes: 5 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice Noes: 0 Recused: 0 Absent: 0 c.REPORT 22-0629 GPA 20-1, ZC 20-1, CON 20-5, PDP 20-10, TPM #83011- REQUEST FOR A GENERAL PLAN AMENDMENT (GPA 20-1) TO AMEND THE LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HD), A ZONING CODE CHANGE (ZC 20-1) TO CHANGE THE ZONING DESIGNATION FROM SPECIFIC PLAN AREA 7 (SPA-7) TO RESIDENTIAL PROFESSIONAL (R-P); CONDITIONAL USE PERMIT (CON 20-5), PRECISE DEVELOPMENT PLAN (PDP 20-10), AND TENTATIVE TRACT MAP (TTM #83011) FOR THE CONSTRUCTION OF A TWELVE (12)-UNIT ATTACHED CONDOMINIUM PROJECT AT 911 1ST STREET (APN 4186-026-047) AND TO ADOPT THE INITIAL STUDY AND NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Associate Planner Maricela Guillean) Associate Planner Maricela Guillean provided a staff report for the Planning Commission. There were no public comments at this time. Commissioner Saemann disclosed that he did have conversations with Ms. Page 5City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final Scolinos but not regarding this project. Commissioner Hoffman inquired if approving this project would be missing an opportunity to zone this property to qualify under the State as a potential low-income property. Associate Planner Maricela Guillean responded that this property would not meet the criteria for low-income property since it is under the half-an-acre requirement. Commissioner Rice asked for an update on where we are in the process of land value recap and the housing trust. Interim Director Corrie Kates responded that the City is analyzing and looking for opportunities in the future to develop something with the local COG and develop some language to bring back through the process to develop a housing fund or housing entity that would handle the funds that would come in from a developer. That would come back on a future day. Commissioner Rice stated that it is her understanding that there is a regional housing trust that is being formed and she asked if the City would be joining. Interim Director Kates responded that all Cities in the South Bay are part of the South Bay COG so we are part of that COG, and we will be implementing and bringing back some legislation to make that a reality. Commissioner Rice asked if this project were approved, and then at a later date, prior to any policies around funds set aside for community benefit, land value recap, or to be put in some kind of a trust, what are opportunities then to go back and get the community benefit so that in fact we could partner with a Developer that is interested in developing affordable housing. City Attorney Donegan said it would be difficult, but it would be contingent on the property owner and developer in addition to what agreements they decide to work out. Also, it is unknown what else could be put out from Sacramento in the future. The following people provided public comment: 1. Brandon Straus (in-person) 2. Luigi Schiappa (in-person) 3. John Lawler (virtually) Vice Chair Izant asked the Builder, Luigi Schiappa, on page 8 of the plans, are there two toilets in that bathroom, including one right in front of the bathroom sink. Mr. Schiappa responded that there should be only one toilet there. Vice Chair Izant questioned if some of the renderings were for other projects. Mr. Schiappa responded that those were initial concepts, but they would not be built for this project. Commissioner Rice asked if Mr. Schiappa has ever built any affordable housing properties in Los Angeles. Mr. Schiappa responded that he has lived his entire life in the South Bay, and he has built over 5,000 units over the past 40 years. He has worked with redevelopment agencies, and he has built thousands of affordable housing units. Commissioner Rice asked why none of the units in this project are being designed for affordable housing. Mr. Schiappa said the project is being designed as attainable housing, such as for starter homes, here in the City. It was never intended to be built as affordable housing and that would require a different project design with higher density, but he did not feel it would be compatible with this area. Commissioner Saemann addressed the email from Ms. Scolinos regarding the parking for this project. He pointed out that in the report, it states that there are more parking spaces than required for this project. They have provided two parking spaces per unit and additional guest spaces. He also said due to the size Page 6City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final of the lot, Commercial use would not be viable there and traffic would be higher if a Commercial building was placed there. Commissioner Rice noted that this is an up-zone and asked if Planning Commission is under any obligation to say yes to the project. City Attorney Donegan answered that the general plan amendment and zone text amendment are discretionary things and that there is no obligation to approve this project. Commissioner Rice stated that the only reason she can find to up-zone would be to help meet the requirement of affordable housing, but this is a project that would not assist with that. Due to the sizes of the homes, this project looks like million-dollar houses and the City is already very built out and very dense. This project would appear to conflict with Hermosa’s general plan which states that we are to protect our commercial areas. She would find it very difficult to approve this project if it were not with the intent of setting up an opportunity for affordable housing. She does not see the Community benefit of the up zone required for this project. Chair Pedersen felt that rezoning it would cause the City to miss out on opportunities for housing credit with the State or land value recap, etc. Vice Chair Izant stated that he is not in support of this project tonight. Commissioner Hoffman said ultimately the market is the most fair and equitable way to determine how a property gets used and who uses it. He does not feel the State should be dictating how a property is used. He said this has been a vacant lot for as long as he can remember, and he is inclined to support this project. He feels it is a Council decision, based on policy, on how to allocate this property’s use, whether it be for affordable housing or not, and that is outside the lane of what the Planning Commission decides. Commissioner Rice responded that the Planning Commission is in the middle of shaping policy recommendation for the Council regarding the Housing Element, including land value recap, in-lieu program, and the housing trust, which are elements of the Housing Element. Vice Chair Izant requested to discuss alternatives and asked if they could be investigated and brought back in a timely manner. Interim Director Corrie Kates stated it would take some time to bring something back that Council would implement. He said it is one thing to develop from a template but a more timely endeavor to bring back a full analysis. City Attorney Donegan said he would estimate that 6 to 12-months would be a likely estimate to return with additional research and analysis. Commissioner Saemann stated it is not fair to the neighborhood to hold out for a decision that may increase traffic and density in their area. Commissioner Hoffman said they need to separate two things, the idea of up-zoning, and do we want to extract a benefit from that, which is separate from affordable housing. Also, they are speculating on the kind of project Council will approve knowing that Council will be different by the time it reaches them. Commissioner Hoffman stated that they need to make a decision based on the current policies in place. *The Planning Commission took a short recess at this time. Chair Pedersen requested to hear from the applicant, Luigi Schiappa, at this time. Mr. Schiappa stated that they try to do what is best for the Community and for the adjacent property owners, and all of that was taken into consideration when designing this project. He said this project has been three-years in the making and he finds it very difficult to continue wanting to move forward with this project without a definitive decision. Mr. Schiappa requested that the Page 7City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final Planning Commission provide a decision on this project. The following people provided public comment at this time: 1. John Lawler (virtually) 2. Laura Pena (virtually) 3. Jon David (virtually) Motion by Commissioner Saemann and seconded by Vice Chair Izant to adopt all three resolutions as presented recommending City Council adopt the Initial Study/Negative Declaration; approve a General Plan Amendment (GPA 20-1) amending the land use designation from Community Commercial (CC) to High Density Residential (HD) and a Zoning Change (ZC 20-1) changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P); and recommending City Council approval of Conditional Use Permit (CUP 20-05), Precise Development Plan (PDP 20-10), and Tentative Tract Map #83011 for a 12-unit condominium project at 911 1st Street. Motion carried as follows: Ayes: 3 - Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman Noes: 2 - Chair Pedersen and Commissioner Rice Absent: 0 IX. STAFF ITEMS a.REPORT 22-0731 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Interim Community Development Director Corrie Kates) b.REPORT 22-0664 UPCOMING: ROTATION OF PLANNING COMMISSION CHAIR AND VICE CHAIR ON DECEMBER 1, 2022 (Administrative Assistant Melanie Bristow) c.REPORT 22-0756 PLANNING COMMISSION 2023 TENTATIVE MEETING SCHEDULE (Administrative Assistant Melanie Bristow) d. VERBAL REPORT ON CITY COUNCIL ACTIONS Interim Community Development Director Corrie Kates shared that a meeting with the Planning Commission regarding Floor Area Ratio will be coming in early 2023. e. STATUS REPORT ON MAJOR PLANNING PROJECTS Interim Director Kates stated that the Skechers project is going well but there was a short delay caused by the rain since they are building a tunnel underneath the street. The Planning Department is moving forward on remodels and some condominium projects with the help of Staff. X. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS Vice Chair Izant asked where the Planning Commissioner personalized tumblers came from, and Interim Director Kates responded that they were requested by Page 8City of Hermosa Beach November 15, 2022Planning Commission Action Minutes - Final previous Community Development Director Jeannie Naughton. b. FUTURE AGENDA ITEMS XI. ADJOURNMENT Motion by Commissioner Rice and seconded by Commissioner Saemann to adjourn the meeting until the special meeting of the Planning Commission on Monday, December 5, 2022 at 6:00 PM. Motion carried as follows: Ayes: 5 - Vice Chair Izant, Commissioner Saemann, Chair Pedersen, Commissioner Rice, Commissioner Hoffman Noes: 0 Absent: 0 The meeting was adjourned by Chair Pedersen at 8:44 PM. Page 9City of Hermosa Beach