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HomeMy WebLinkAbout2022-06-21 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 PM Council Chambers (Virtually)Tuesday, June 21, 2022 I. CALL TO ORDER The Planning Commission regular meeting was held 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 6:02 PM after the introduction of Jeannie Naughton, new Community Development Director, made by Assistant City Manager Angela Crespi at 6:00 PM. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Patrick Donegan, Assistant City Attorney. 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. Also present remotely: Angela Crespi, Deputy City Manager Jeannie Naughton, Community Development Director Patrick Donegan, Assistant City Attorney Carlos Luis, Senior Planner Christy Teague, Interim Senior Planner Melanie Hall, Interim Associate Planner Dorothy Scheid, Acting Police Captain IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS Page 1City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final a.REPORT 22-0390 WRITTEN COMMUNICATIONS The following people attended remotely to provide public comment: 1. Raymond Dussault 2. Craig Rogers 3. Cynthia Furnberg 4. Josh Krasnegor Motion by Commissioner Rice and seconded by Vice Chair Izant to receive and file the written communications, noting that attachment #5 was a retracted email. The motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 SECTION I CONSENT CALENDAR V.REPORT 22-0384 ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17, 2022 & SPECIAL MEETING OF JUNE 7, 2022 Commissioner Rice requested that the votes for this action item be separated into two separate motions. Request was granted. Motion by Vice Chair Izant and seconded by Commissioner Hoffman to receive and file the action minutes of the May 17th Planning Commission regular meeting. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, and Commissioner Hoffman 4 - Absent:0 Abstain:Commissioner Rice1 - Motion by Commissioner Hoffman and seconded by Commissioner Rice to receive and file the action minutes of the June 7th Planning Commission special meeting. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 RESOLUTIONS FOR CONSIDERATION Page 2City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final SECTION II STAFF ITEM VI.REPORT 22-0397 TRI-ANNUAL REPORT FOR ON-SALE ALCOHOLIC BEVERAGE CONDITIONAL USE PERMITS Vice Chair Izant inquired if a fine or warning had been issued as a result of the undercover minor decoy test, in which Mickey’s Deli and Ocean View Liquor both failed. Dorothy Scheid, Acting Police Captain of the Hermosa Beach Police Department, stated that the operation was performed by the California Department of Alcoholic Beverage Control and any fines or citations would be issued by that government agency directly to both locations. Vice Chair Izant noted that on the Fire Inspection Report from the Los Angeles County Fire Department, all 672 inspections had been passed. Vice Chair Izant requested that we return at the next meeting with criteria on what the protocol is during a typical Fire Inspection, including what is checked. Community Development Director Jeannie Naughton agreed to return next month with the information requested. Vice Chair Izant questioned on the Code Enforcement Conditional Use Permit reviews whether the walk-throughs are performed by Code Enforcement or by A.B.C. Community Development Director Naughton informed him that they are performed by Code Enforcement directly walking through each site. Motion by Commissioner Rice and seconded by Commissioner Saemann to receive and file the Tri-Annual Report. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 SECTION III HEARING SECTION IV PUBLIC HEARING VII.REPORT 22-0385 INFORMATION ONLY: PUBLIC HEARING NOTICES, PROJECT ZONING MAP, MAILING AFFIDAVIT AND RADIUS MAP VIII.REPORT 22-0388 PRECISE DEVELOPMENT PLAN AMENDMENT NO. 22-02 - A REQUEST TO AMEND PRECISE DEVELOPMENT PLAN NO. 04-09 BY ALLOWING A 619 SQUARE-FOOT ROOF DECK ADDITION TO AN Page 3City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final EXISTING ROOF DECK, TOTALING 879 SQUARE FEET, TO ONE OF THREE RESIDENTIAL CONDOMINIUM UNITS BELOW THE 30-FOOT HEIGHT LIMIT AT AN EXISTING MIXED-USE BUILDING LOCATED AT 38 HERMOSA AVENUE, AND TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). There were no public comments provided during this item. The following person attended remotely to speak: 1. John Musolino, Musolino Architecture (Architect) Chair Pedersen inquired about the glass partition installation to help minimize noise from reaching the neighbors. John Musolino stated that a guard rail will be put up facing the neighboring property to the South, which is limited to 42 inches, but it is required per the building code. Motion by Commissioner Saemann and seconded by Commissioner Hoffman to adopt the attached resolution approving Precise Development Plan amendment number 22-02 to amend Precise Development Plan number 04-09 by allowing a 619 square-foot roof deck addition to an existing roof deck, totaling 879 square feet, to one of three residential condominium units below the 30-foot height limit at an existing mixed-use building located at 38 Hermosa Avenue, and to determine that the project is categorically exempt from the California Environmental Quality Act (CEQA). Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 IX.REPORT 22-0389 REVIEW AND DISCUSS ZONING CODE UPDATES RELATED TO DRIVE-THROUGH FACILITIES The following people attended remotely to provide public comment: 1. Cynthia Furberg 2. Craig Rogers 3. Josh Krasnegor Commissioner Rice suggested to add additional language to item F under proposed ordinance sub 3 to read, “An overflow queueing plan shall be required for all drive through facilities to address queueing that overflows the capacity of the site.” Commissioner Rice also requested Staff to consider the maximum buffer for the queueing lane and from the ordering window, plus possibly adding landscape buffers to help mitigate noise away from the neighboring residences. Page 4City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final Commissioner Saemann questioned whether a 50-foot queueing requirement would make it impossible to build any drive throughs at all. Commissioner Saemann asked Staff to look at different queueing configurations where it would be possible to have a 50-foot distance queuing and to see how it would look. Commissioner Saemann also would like to know if there is a minimum or maximum number of cars in the drive through queue. He asks how businesses would prevent people from stopping outside the business, blocking the street lane and traffic, when the queue is full. Commissioner Hoffman stated that adding arbitrary hours of operation could prevent businesses like pharmacies or banks from being able to operate drive throughs. He questions whether we can establish design standards that would make sense in residential areas as well as commercial zones. Vice Chair Izant stated that he does not feel a mandatory 50-foot buffer will necessarily do justice to the project or to residents. He feels the noise ordinance gives adequate coverage with the 8:00 am start time while coupled with the Staff recommended allowable 3 decibels above the ambient noise or 60 decibels. Chair Pedersen agreed with Commissioner Rice’s queueing plan suggestion. He also agrees with Commissioner Hoffman’s points regarding nuances and discretion when it comes to buffers so does not feel there should be arbitrary limits. Feels there may be some language additions needed regarding changes in use for drive throughs. SECTION V X. STAFF ITEMS a.REPORT 22-0394 PRIMER ON THE CITY’S PUBLIC NOTICING REQUIREMENTS AND PRACTICES FOR PLANNING COMMISSION ITEMS Assistant City Attorney Patrick Donegan stated that increasing the length of time in which public notices are sent may not address all the public concerns raised during public comment or mentioned in written communications. Assistant Attorney Donegan said City Staff does recommend that the applicant(s) always reach out to neighboring residents to answer any questions or concerns. He also reiterated that tonight’s discussion is only meant to provide information and no action will be taken during this meeting regarding changing public noticing requirements. Commissioner Rice addressed the email from Craig Rogers regarding the sewer rate hike notice and that those are dictated by proposition 218 and it is not related to the public noticing requirements; they are two entirely different statutory regimes. Commissioner Rice pointed out the difference between public noticing and public records requests. Commissioner Rice says posting of the Agenda and the providing of the public notice should happen concurrently. She feels that ten days in advance would be sufficient notice if both are provided concurrently. Commissioner Saemann agreed with Commissioner Rice. However, he does not feel that any additional expense or difficulty in mailing the public notices out earlier than 10 days. Commissioner Saemann suggested mailing public notices out 30 days in advance. Commissioner Saemann also suggested to upload a Page 5City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final digital file for each project online as the project and public hearing are in progress, so that residents do not have to go through the formal process of submitting a public records request. He also says the Planning and Building Departments should go back to pre-Covid hours to make it more convenient for residents. Jeannie Naughton, Community Development Director, provided an update to the Planning Commission that the department hours have returned to 7:00 am to 6:00 pm and the Community is welcome to come in at any time between those hours Monday through Thursday. We also provide information for major projects on our website at: https://www.hermosabeach.gov/our-community/quick-links/city-projects/develop ment-projects. Vice Chair Izant commented that he would like to see project files available digitally on our website more than ten days in advance. He feels that a 20-day advance public notice would be more helpful to the residents. Commissioner Hoffman informed the public that the Planning Commission has no authority over the City Staff and policies are set by the City Manager and by the Department Director. He also said there are several times that applicant information is provided shortly before the meeting. He said as residents, the Planning Commission also shares the concerns that have been expressed by the Community, but he also knows that Staff does their best to make information available in the timeliest fashion. He feels that sometimes it is assumed the information is available instantaneously and, in some cases, it is not. Chair Pedersen says there is a consensus or desire to do better and we need to strive to do better and they all want to do right by the City. He wants City Staff to find a way to perhaps make lesser buckets of properties that are undergoing discussions so that residents can at least understand what is going on but residents would be surprised how many projects get delayed. Chair Pedersen stated that we need to find a way to have a more robust list of projects including some that are in preliminary discussions combined with increased social media presence so that people know where to find information. He says with City Staff not in the office on Fridays it is sometimes challenging and if the Planning Commission had ten days’ notice to review all the meeting materials that would be extremely helpful. He feels it would be perfectly allowable for City Staff to not make recommendations on large projects or medium projects and that would be helpful. Angela Crespi, Deputy City Manager, said there is a commitment to get information out as early as possible for both City Council and Planning Commission meetings but that there is a lot that goes into the review of staff reports for both meetings. Staff has the desiring commitment to meet all residents’ expectations but to do so we must be honest about what Staff can handle operationally. There are a lot of other things going on while we are creating the Planning Commission meetings agenda. Staff reports and agendas including working on zoning code updates, attending the public counter, doing business license reviews, working on the housing element, helping realtors with property information, working on special events for businesses, etc. during one week. The alternating week, we are following the same routine while working on items for the City Council meeting. Each week, Staff is working on items for agendas, including both the Planning Commission agenda and the City Council agenda. From the City Manager’s office standpoint, increasing the length of Page 6City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final Public Noticing to ten days would have serious operational impacts. It is not something that Staff could handle while still meeting all the other expectations of the daily workload including getting permits out and things of the like that the Community needs. Chair Pedersen requested for Staff to come back with guidance on what improvements can be made within the next 30 to 60 days. b.REPORT 22-0391 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS Motion by Commissioner Rice and seconded by Commissioner Hoffman to receive and file the Planning Commission tentative agenda for July 19, 2022 noting that a supplemental addition was added for the two-unit condominium project located at 682/685 5th Street. Motion carried as follows: Aye:Chair Pedersen, Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman, and Commissioner Rice 5 - Absent:0 c. VERBAL REPORT ON CITY COUNCIL ACTIONS A verbal report was provided by Jeannie Naughton, Community Development Director, on the City Council meeting of June 14th. The annual Beach Cities Transit Line 109 agreement went before City Council and was approved. A survey will be pushed out via Hermosa Beach’s social media as well as on the Beach Cities Transit website regarding how the line functions and improvements that can be made. A staff report on Historic Preservation was presented to City Council and the Council directed Staff to return to the Planning Commission with a possible fee waiver program; possible participation in the Mills Act; and to combine that with the Zoning Code Updates. This will return to the Planning Commission within the next couple of months. The Economic Development Strategy was on that agenda but was pushed to the City Council meeting of July 12th. d. STATUS REPORT ON MAJOR PLANNING PROJECTS Jeannie Naughton, Community Development Director, shared an update on current projects. The Skechers project is moving along with their required inspections and reports are provided to the Community Development Department on a weekly basis regarding construction progress. Staff is continuing to work on the Housing Element Update to revise it using feedback received from the California Department of Housing and Community Development in March. XI. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS Vice Chair Izant is glad to hear the Housing Element Update is moving along. By October, Cities should have an approved Housing Element but about 190 Cities, including Hermosa Beach, will not have completed their update by then. Part of the Housing Element is having a plan on how we are going to achieve our allocation of affordable housing. The Planning Commission has come up with a number of ideas that need to be turned into action which is where our Zoning Code comes in. He would like his fellow Commissioners to support his Page 7City of Hermosa Beach June 21, 2022Planning Commission Action Minutes - Final recommendation to discuss 2nd story residential during the next Zoning Code special meeting. He would like to recommend 2nd story residential be added to the following zones: downtown commercial, service commercial, gateway commercial and community commercial. Vice Chair Izant requests that the public notice for the next Zoning Code special meeting includes this as topic of discussion. Commissioner Hoffman commented that mixed use is allowed in C1 zones, including a project that was on this agenda and it seems inevitable that this topic will come up in the future during the Zoning Code Update. b. FUTURE AGENDA ITEMS Vice Chair Izant stated that he wants to be sure the topic of affordable housing is raised and on a discussion regarding that topic is on a public agenda so that later it is not an issue and so that in October, the Planning Commission is able to make recommendations. Commissioner Rice said last time this topic was discussed, there were 72 or 80 commercial sites that were proposed for up-zone and that it has been discussed already. For this reason, Commissioner Rice would not be in favor of a future agenda item regarding a discussion on 2nd story residential being added downtown commercial, service commercial, gateway commercial and community commercial zones. Chair Pedersen and Commissioner Saemann also stated that they would not be in support of this being a separate agenized item. Vice Chair Izant stated that ultimately the Zoning Code Update needs to reflect the Housing Element, including the C1 enhancement. XII. ADJOURNMENT Motion by Commissioner Rice and seconded by Commissioner Saemann to adjourn the meeting. The motion carried by voice vote 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 8:29 PM. Page 8City of Hermosa Beach