Loading...
HomeMy WebLinkAbout2022-11-02 PC Action Minutes Special 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 PMWednesday, November 2, 2022 CALL AND NOTICE OF SPECIAL MEETING I. CALL TO ORDER The Planning Commission special meeting was help 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 Vice Chair Stephen Izant at 6:01 PM. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Peter Hoffman. III. ROLL CALL Present: 3 - Vice Chair Izant, Commissioner Saemann, Commissioner Hoffman Excused: 1 - Chair Pedersen Absent: 1 - Commissioner Rice *Due to technical difficulties, Chair Pedersen was not present during roll call. Vice Chair Izant led the meeting. Chair Pedersen was present virtually during the remainder of the meeting. Planning Commission members present in-person in the Council Chambers: Stephen Izant, Vice Chair Rob Saemann, Commissioner Peter Hoffman, Commissioner Planning Commission members present virtually: David Pedersen, Chair Page 1City of Hermosa Beach November 2, 2022Planning Commission Action Minutes - Final Staff present in-person in the Council Chambers: Jeannie Naughton, Community Development Director Patrick Donegan, Assistant City Attorney Maricela Guillean, Associate Planner Johnathon Masi, Assistant Planner Staff present virtually: Suja Lowenthal, City Manager Christy Teague, Senior Planner James Atkins, Senior Planner Melanie Bristow, Administrative Assistant IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS V. REVIEW AND DISCUSSION a.REPORT 22-0712 INFORMATION ONLY: PUBLIC MEETING NOTICE (Administrative Assistant Melanie Bristow) b.REPORT 22-0628 COMPREHENSIVE ZONING CODE UPDATE: ADMINISTRATIVE PROCEDURES (Associate Planner Maricela Guillean) Consultant Martha Miller from Miller Planning Associates provided a presentation to the Planning Commission on the preliminary draft of Administrative Procedures. There were no public comments. Commissioner Hoffman asked what happens if there is no meeting within the ten-day appeal period. He also asked if the standard needs to be written with more flexibility, such as including, “within 10%,” as opposed to a blanket standard. Commissioner Hoffman also inquired about Chapter 17.15, under enforcement/right of entry, do the City’s Building Inspectors have a legal right to enter a site that is suspected of a violation. Assistant Attorney Donegan said if the City suspected a potential safety issue, the Building Inspector would be allowed to enter a building. Commissioner Hoffman referred to Chapter 17 under variances if it should include the word “physical” in front of “circumstances.” Commissioner Saemann commented that by creating a situation where things are not specifically spelled out, we may be inviting a lot of questions regarding modifications due to misunderstanding of our building standards. Director Naughton responded that it is always a good idea to have objective criteria in the Building Code. She noted that every site has unique features, and all buildings will not fit into a specific box so there is room for variance. As an example, Vice Chair Izant questioned the measurements of a flower planter box, would the Director be able to make a finding that it can be a different size than stated in the Building Code, and if so, would that variance need to be publicly noticed to the the surrounding radius. Director Naughton stated that it would be required if it was regarding dimensional requirements. Page 2City of Hermosa Beach November 2, 2022Planning Commission Action Minutes - Final Commissioner Saemann commented that a black and white requirement could also allow for some flexibility, such as within 10%. Vice Chair Izant voiced support in favor of Commissioner Saemann’s suggestion. Martha Miller stated that the way the modifications are drafted is that the Director can allow up to a 10% modification to a dimensional standard and it would require a public notification. Commissioner Saemann inquired what would happen if public notification was sent out and there was an objection. Martha Miller responded that it would then be up to the Planning Commission to determine what would be permissible. Commissioner Saemann commented that minor modifications and flexibility should be included but it should not allow variances for setbacks, height standards, or side-yards except for on very small lots. Vice Chair Izant asked if there was a standard size lot that required a standard three-foot side yard setback, but the applicant requested a two-foot-six setback instead; how would the Director justify whether the modification would be granted or not? Director Naughton said it would be determined by three findings: 1. Modification will be at least as effective in achieving the objectives of the base standard. 2. There are no alternatives to the requested modification that can provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public. 3. That granting the requested modification would not be detrimental to the health or safety of the public or the occupant of the property; or result in a change to the land use or density that would be inconsistent with the requirements of this title. Commissioner Saemann commented that the side-yard setbacks are written in a way to allow adequate space for the Fire Department to access that space in an emergency. Chair Pedersen commented that the 10% variance is reasonable, but the required findings should be tightened up since they seem a little vague. The intent is to be reasonable, but not arbitrarily overly-so, to guide the Director on where to draw the line. Commissioner Hoffman agreed and said they need to be more indicative of where variance would be permitted. Vice Chair Izant requested that Consultant Martha Miller strengthen that language. Commissioner Saemann suggested it may be easier to point out where variances should not be permitted as opposed to pointing out where variances would be permitted. Commissioner Saemann asked for clarification on 17.11, “reasonable accommodation for A.D.A. access,” what is the scope for getting reasonable accommodation. Martha Miller said it could be for a single-family residence, existing developments, or new developments. For example, adding a ramp for a wheelchair that will require additional room in the side-yard. Chair Pedersen asked (regarding precise development plans), the removal of residential developments, is that in the best interest of the City? Martha Miller responded that we need to consider what the previous comments from the public have been regarding residential developments and have they been consistently conformed. That would determine if the change would be appropriate. Page 3City of Hermosa Beach November 2, 2022Planning Commission Action Minutes - Final Vice Chair Izant referred to the required 50/50 ratio between food and alcohol since they have received numerous letters from the public inquiring about that provision. He asked what other Cities do on this issue. Director Naughton said that ABC Licenses require the 50/50 ratio but that we would have to do research on other Cities to find out what their provisions are currently. Commissioner Saemann recalled that the 50/50 ratio derived from concerns that restaurants would obtain a liquor license and eventually start primarily selling alcohol and functioning as a bar, as opposed to selling food and alcohol. Commissioner Hoffman stated that this item was not agendized and the discussion would be better suited for another meeting. Chair Pedersen said this topic will be discussed at the next regular meeting, preferably with Chief LeBaron present. Assistant Attorney Donegan confirmed that Staff will research what the protocol is in other Cities before the next regular meeting. Vice Chair Izant thanked Laura Pena for her consistent input during the special meetings. VI. ADJOURNMENT TO THE NOVEMBER 15, 2022 PLANNING COMMISSION REGULAR MEETING Motion by Commissioner Saemann and seconded by Commissioner Hoffman to adjourn the meeting. Motion carried as follows: Aye: 4 - Chair Pedersen, Vice Chair Izant, Commissioner Saemann, and Commissioner Hoffman Absent: 1 - Commissioner Rice The meeting was adjourned by Vice Chair Izant at 7:19 PM. Page 4City of Hermosa Beach