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HomeMy WebLinkAbout2022-09-20 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, September 20, 2022 I. CALL TO ORDER The Planning Commission regular meeting was 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 6:00 PM. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chair David Pedersen. III. ROLL CALL Chair David Pedersen, Vice Chair Stephen Izant, Commissioner Rob Saemann, Commissioner Peter Hoffman, and Commissioner Marie Rice Present:5 - Absent:0 All Planning Commission Members attended remotely. *Due to technical difficulties, Commissioner Saemann left the meeting at the beginning and joined again at the start of agenda item IV. Commissioner Saemann was not present during roll call but was present during the remainder of the meeting. Also present remotely: Jeannie Naughton, Community Development Director Patrick Donegan, Assistant City Attorney Christy Teague, Senior Planner James Atkins, Senior Planner Maricela Guillean, Associate Planner Page 1City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final Johnathon Masi, Assistant Planner Melanie Bristow, Administrative Assistant IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS The following person attended remotely to provide public comment: 1. Paul Hennessey V. CONSENT CALENDAR a.REPORT 22-0602 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 2022 (Administrative Assistant Melanie Bristow) Motion by Commissioner Rice and seconded by Commissioner Saemann to approve as presented the action minutes of the Planning Commission regular meeting of August 16, 2022. The motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 VI. PUBLIC HEARING VII. MUNICIPAL MATTERS a.REPORT 22-0572 INFORMATION ONLY: PUBLIC HEARING NOTICES AND PROJECT ZONING MAPS (Administrative Assistant Melanie Bristow) b.REPORT 22-0557 CONVEX SLOPE DETERMINATION REQUEST (CSD22-02) TO UTILIZE ALTERNATE SPOT ELEVATIONS RATHER THAN PROPERTY CORNER ELEVATIONS ALONG THE NORTH PROPERTY LINE FOR THE PURPOSES OF DETERMINING BUILDING HEIGHT AT 330 MANHATTAN AVENUE (Assistant Planner Johnathon Masi) Assistant Planner Johnathon Masi provided a presentation to the Planning Commission for this project. Louie Tomaro of Tomaro Architects provided a brief comment virtually. Mr. Tomaro stated that if you visit the lot, all properties on the East side of the street have the same situation where the grade rises very quickly from the street. It is a common situation across that whole block. The profiles on the survey show that the lot slopes up and creates somewhat of a pad-lot. Louie Tomaro said it is a perfect example of a convex lot. Vice Chair Izant pointed out that on page one, the background paragraph states that this lot is on the North-end of the City, but this lot is located at the South-end of the City. Beyond that correction, he has no issues with Staff’s recommendation. Page 2City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final Commissioner Saemann said he agrees this is a perfect example of a convex lot. Commissioner Saemann gives kudos to Staff for both drawings which clearly show how a convex lot affects the height limit of a building. He agrees with Vice Chair Izant that this is a convex lot. Commissioner Hoffman agrees with his fellow Commissioners. He points out that this is not a variance that is being asked for, it is a part of the Code that acknowledges that we live on a dune. Particularly to the East of the property, while the convex slope condition is being granted; at the actual corner point, the height is the same as it would be where this is not given, so it will not have a significant impact on views. He supports Staff recommendation. Commissioner Rice agrees with her colleagues and supports staff recommendation. Motion by Commissioner Rice to approve the request determining the property located at 330 Manhattan to be a convex sloping lot and the use of alternative spot elevations, excluding fill soils, for determining building height along the North and South property lines. The motion was seconded by Vice Chair Izant. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 c.REPORT 22-0562 CONVEX SLOPE DETERMINATION REQUEST (CSD22-01) TO UTILIZE ALTERNATE SPOT ELEVATIONS RATHER THAN PROPERTY CORNER ELEVATIONS ALONG THE NORTH PROPERTY LINE FOR THE PURPOSES OF DETERMINING BUILDING HEIGHT AT 1921 MANHATTAN AVENUE (Assistant Planner Johnathon Masi) Assistant Planner Johnathon Masi provided a presentation to the Planning Commission for this project. Gary Lane of Lane Design & Build provided a brief comment virtually. He said the property to the North received approval, which is the same goal that they are trying to accomplish. The property is a severe steeping lot, and they appreciate all of Staff's help. He would be happy to answer any questions. Motion by Commissioner Hoffman to approve the convex slope determination request, determining the property located at 1921 Manhattan to be a convex sloping lot and approving the use of alternative spot elevations, excluding fill soils, for determining building height along the North and South property lines. Motion was seconded by Commissioner Saemann. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 d.REPORT 22-0563 MURAL DETERMINATION REQUEST (MD22-01) FOR A TRI-IMAGE 65.26 SQUARE FOOT PAINTED DISPLAY PROPOSED ON THE Page 3City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final 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) Assistant Planner Johnathon Masi provided a presentation to the Planning Commission for this mural determination. Assistant City Attorney Patrick Donegan added that during public comment, it was stated that “Staff decides” if this is a mural. He would like to note that this decision is decided by the Planning Commission. Staff is bound by the Municipal Code, which is how Staff makes their recommendation, but the final decision is made by the Planning Commission. Vice Chair Izant asked if the mural showed only toucans and they did not have glasses of Guinness, would it no longer be a pictorial of what is available on the premises. Assistant Attorney Patrick Donegan responded saying that is a determination for the Planning Commission to make. Based on Staff’s report, the toucan with the glasses on the beak is what was applied for; it wasn’t a super in-depth investigation for Guinness to come up. Chair Pedersen inquired about the timeline of how this mural came to be. Director Jeannie Naughton responded that the images were painted, then it came to Code Enforcement’s attention and the applicant was informed that if they wanted to keep the paintings, they had to apply for a mural determination. Commissioner Saemann questioned if the symbol, the toucans with the two glasses on their beak, is a logo for Guinness itself. Chair Pedersen confirmed that it is. Vice Chair Izant said his understanding is that this symbol, painted in the 1930’s, has a long history of being used by Guinness distributors. Commissioner Rice questioned if this was to be a sign application, or anytime there is a change of signage that would then put it in the mural category, would an application process still have to occur. Director Jeannie Naughton answered that yes, the application process still would have to occur. A permit would be issued but if it met the perimeters of the allowable size signage, that could be something that would be issued over the counter and would not require Planning Commission review. It is simply the determination of whether the painted representations on the side of the building are a mural or do they fit the criteria of a sign. She noted that a sign could be painted; could be affixed to the building; or it could come in other forms. Commissioner Rice replied that on page two of the Staff report, there are two square-feet of sign area for each linear foot of building frontage. In this case, it would be about 14.5 square-feet which could be a commodity identification. The issue is the size of what is painted because it exceeds what would be approved as signage. If it were to be modified to 14.36 square-feet, it would be okay as a sign because it is a product that is served inside that establishment. To do that, they would also need to remove what is remaining outside of the 14.36 square-feet and do a sign permit. Commissioner Rice asked what the process was that the applicant went through before applying for a mural determination as opposed to a sign permit. Director Naughton responded that the assertion is made by the applicant of whether it is a mural, but there could have been some things lost in translation between City Staff and the establishment’s Staff. Assistant City Attorney Patrick Donegan also Page 4City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final noted that he spoke to Mr. Hennessey, and it was decided that this would be considered as a mural. The applicant, Paul Hennessey, provided a public comment to apologize for painting the mural before getting the permit. He stated that no other City has required a mural permit. This is an artist rendering and the original artist has passed away. Mr. Hennessey said that the glasses could be holding any beverage in it, including root beer, Dr. Pepper, etc. No one said it was beer, it was just the artist’s rendering of it. He said they do not sell root beer floats or Dr. Pepper at their establishment. There is a mural on a building next to him that depicts a bartender and people sitting with cocktails. He does not understand why that is accepted on their mural, but not on his mural. He asked if the root beers were not on top of the toucans, would that satisfy the City in identifying it as a mural and not a sign. *Vice Chair Izant lost connection at this time.* Commissioner Hoffman stated that he is conflicted and noted that Mr. Hennessey has always been a stellar operator in town. He noted that he spent time in Costa Rica studying toucans. The debate in bars there was if the two glasses were supposed to represent “two cans of beer,” which is the bad pun that led to the two cans on the toucan’s beak. *Vice Chair Izant switched devices and was able to rejoin the meeting at this time.* Commissioner Hoffman finished his commented stating that it is clearly two beers. He agrees with Staff recommendation. Commissioner Rice agrees with Commissioner Hoffman, and she thanks Staff for laying the measurements out so clearly. She supports Staff recommendation that this is a sign and not a mural. Vice Chair Izant finds the toucans to be a commercial sign and not a mural as well. Commission Saemann noted that Hennessey’s is an iconic business in Hermosa. He agrees that the paintings are a sign and not a mural. Chair Pedersen concurs that this is a sign with the Guinness logo displayed on it. He echoes the comments made by his fellow Commissioners. Assistant City Attorney Patrick Donegan suggested discussing alternatives to help Mr. Hennessey find out the next steps so he would not have to submit another application. It was suggested to make the paintings smaller, so it complies with the sign code or amend what is painted so it qualifies as a mural. Commissioner Hoffman suggested if the glasses were removed but the toucan remained, it would meet the signage requirement. Vice Chair Izant and Chair Pedersen agreed with this suggestion. Commissioner Saemann questioned if the glasses of beer were removed from the two larger toucans, would this be approved as both a mural and a sign or would it be postponed until the next meeting before it could be approved. Assistant Attorney Donegan suggested directing Staff to come back with a resolution of approval reflecting the modifications. Commissioner Rice commented that she agrees it is not a mural, but she would not approve it with proposed suggested changes. Assistant Patrick Donegan suggested continuing this item so Staff can work with the applicant to find a resolve without incurring additional fees. Motion by Commissioner Hoffman and seconded by Commissioner Saemann to Page 5City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final continue the item to next month so that the applicant and Staff can take direction using the Planning Commissions’ comments before returning in October for further consideration. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 e.REPORT 22-0568 MURAL DETERMINATION REQUEST (MD22-02) FOR A 125 SQUARE FOOT DISPLAY PROPOSED ON THE NORTHERLY WALL FACING 13TH STREET AND A 128 SQUARE FOOT PAINTED DISPLAY PROPOSED ON THE EASTERLY WALL FACING BEACH DRIVE ON AN EXISTING COMMERCIAL BUILDING LOCATED AT 1286 THE STRAND AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Christy Teague) Senior Planner Christy Teague provided a presentation to the Planning Commission for this mural determination. Commissioner Saemann questioned if seeing the name of the restaurant within the hashtag makes it a sign. Senior Planner Teague responded that the hashtags are common on social media and that it is up to the Planning Commission whether this hashtag qualifies as a sign or not. Vice Chair Izant noted that most of the murals that have already received the Planning Commissions’ approval include the artist’s hashtag or website. Commissioner Rice requested to hear from the applicant. The applicant Cris Bennett provided a virtual comment that the hashtags are for social media purposes and many people take photos with their murals, particularly posing in front of the surfer painting. He noted that they waited forty-two years before doing a mural. Commissioner Rice asked the applicant if the hashtags included in the mural are catch phrases are commonly used in the advertising for Good Stuff. The applicant responded that through the years, he has used different slogans. Currently they use, “eat good, do good, live good” more commonly, including on hats and shirts. The #eatgoodstuff is their website. Commissioner Hoffman said he would be comfortable limiting the use of hashtags on murals or something comparable to that as part of their discretionary determination as social media continues to evolve. He is happy to make a motion approving staff recommendation as proposed. Motion was seconded by Vice Chair Izant. Commissioner Rice debated that this is a multimedia, multidimensional display sign due to it including catch phrases and branding of the establishment. To move forward, she would need it to have the hashtags removed to qualify it as a mural and not a sign. She does not support the motion in front of them but would support a motion that eliminated the hashtags; removed the “do good” sign; and eliminated any reference to “eat good stuff” to approve it as a mural. Page 6City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final Commissioner Saemann agreed with Commissioner Rice but for slightly different reasons. He supports removing the “eat good stuff” hashtag. The next section over, facing 13th Street, is more like a sign since it shows hamburgers, hot dogs, bacon, and other food items sold in the establishment. The painting in the middle is a sign, not a mural. He would support a recommendation to continue this item for the applicant to avoid incurring additional fees. Vice Chair Izant suggested making a motion to approve this as a mural with an amendment to remove hashtags from the two murals. Commissioner Hoffman questioned if we had the same application for a mural without the hashtags, what would the conversation be then? He said he would support a movement to approve this as a mural if the hashtags are removed. Chair Pedersen asked at what point it becomes a sign and he questioned if the hashtag makes it a sign even though the hashtag is only 1% of the surface area. He supports the amended motion. The applicant, Cris Bennett, said he would agree to remove the hashtags if needed. Motion by Commissioner Hoffman and seconded by Vice Chair Izant to approve with conditions the mural determination request for a 125 square foot display proposed on the northerly wall facing 13th Street and a 128 square foot painted display proposed on the easterly wall facing Beach Drive on an existing commercial building located at 1286 The Strand and determine that the project is exempt from the California Environmental Quality Act. Conditions include an amendment to section four, item one, to delete the wording “with a hashtag” and an amendment to section four, item two, to eliminate “with a hashtag.” Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 VIII. STAFF ITEMS a.REPORT 22-0574 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Administrative Assistant Melanie Bristow) Motion by Commissioner Rice and seconded by Commissioner Saemann to receive and file the October 18th Planning Commission tentative future agenda as presented. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 Commissioner Rice noted that two more mural determinations are next month, and she suggested revisiting the definition of a mural to eliminate confusion in the future. Page 7City of Hermosa Beach September 20, 2022Planning Commission Action Minutes - Final b. VERBAL REPORT ON CITY COUNCIL ACTIONS Director Jeannie Naughton announced that at the City Council meeting of September 13th, the Council approved a final parcel map at 654 10th Street. City Council also waived full reading and introduced by Title only an additional chapter in Title 15 of the Hermosa Beach Municipal Code which establishes a streamlined process for permits related to electric vehicle charging stations. This will go to Council for a second reading and adoption at the September 27th Council meeting. This Ordinance adoption prompted a major shift in Community Development in how we process applications for Building Permits. The Ordinance requires electronic submittal for any permits related to electric vehicle chargers, so we are applying that to all other types of permit processes as well. A new electronic submittal process will be set up by the end of the month along with concurrent reviews by multiple departments at the same time. City Council also approved a Professional Service Agreement with Veronica Tam and Associates, who will be helping the City of Hermosa move forward to coordinate the Zoning Code with the anticipated re-adoption of the Housing Element, which is forecasted for May 2023. c. STATUS REPORT ON MAJOR PLANNING PROJECTS Skechers provided an update on their projects at the beginning of the last Council meeting, which included that their forecasted completion date has been extended to Spring 2024. The project for 911 1st Street is anticipated to return to the Planning Commission in November or December 2022. IX. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS b. FUTURE AGENDA ITEMS Commissioner Rice would like to see if Council would be interested in a discussion with the Planning Commission regarding murals and signs, particularly the language used to define them, and the use of hashtags. Chair Pedersen supported this suggestion. This will be agenized for a future date. Director Naughton will return to Planning Commission with more information on preliminary work regarding sign standards once she speaks with our Consultant, Martha Miller. X. ADJOURNMENT Motion by Commissioner Saemann and seconded by Commissioner Hoffman to adjourn the meeting until the Special Meeting on Thursday, September 22, 2022 at 6:00 PM. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 The meeting was adjourned by Chair Pedersen at 7:59 PM. Page 8City of Hermosa Beach