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HomeMy WebLinkAbout2006-11-21 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON NOVEMBER 21, 2006, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS The meeting was called to order at 7:00 P.M. by Chairman Allen. Commissioner Kersenboom led the Salute to the Flag. ROLL CALL Present: Hoffman, Kersenboom, Perrotti, Pizer, Chairman Allen Absent: None Also Present: Sol Blumenfeld, Community Development Director Kent Robertson, Senior Planner ORAL/WRITTEN COMMUNICATIONS Patty Eggerer, resident, suggested when a project plans to identify restaurant space, staff disclose to the applicants that as a result of the undue concentration of alcohol outlets within the community, coupled with the statute that took effect in January 1995, the City can deny the applicant's request because public convenience or necessity cannot be supported; and she highlighted the project at 1420 Hermosa Avenue. CONSENT CALENDAR 4. Approval of October 17, 2006 minutes. Director Blumenfeld advised that these minutes will be completed for Planning Commission review prior to its December 6th meeting. 5. Resolution(s) for consideration a. Resolution P.C. 06-30 approving a Precise Development Plan to construct a new 19,000-square-foot three-story commercial building with basement parking containing office, snack shop, and restaurant uses; a Conditional Use Permit for a commercial condominium and Vesting Tentative Tract Map No. 67748 to divide the building into up to 35 condominium units (33 office units on the upper floors and one restaurant and one snack shop unit on the ground floor); a Conditional Use Permit for outdoor seating for the restaurant and snack shop; and a Parking Plan to base the parking requirements on the peak shared parking requirements of the proposed uses and to pay parking in -lieu fees to compensate for providing less than required parking on site, and a Mitigated Negative Declaration of environmental impacts, located on property at 1429 Hermosa Avenue. Director Blumenfeld advised that staff provided supplemental information for the Planning Commission's review this evening, Item 5A, which reflects a correction to the resolution for Condition 15, noting it should read, "Deliveries shall be permitted only on Hermosa Avenue." He added that the resolution reflects the Commission's direction from the prior meeting; and that Planning Commission Minutes November 21, 2006 staff has incorporated the recommendations from that meeting and the standard conditions for review, which is before the Commission this evening. He noted that the Commission has received correspondence from an individual this evening, supplemental information regarding Item 5A, requesting the Commission consider re -noticing this item because he felt there was a substantial change to the new resolution. He advised that the City Attorney looked at this matter and expressed his opinion it is not necessary to re -notice and that this is standard procedure. He noted there is also correspondence with respect to the jurisdiction of this matter with respect to the period for appeal, and that staff is currently working on resolving that issue with the City Attorney. He explained that when a resolution is not in final form, it's still in the jurisdiction of the Commission and that the appeal period keeps running. Commissioner Pizer questioned if there will be something in the code that states the 10-day period starts when the Planning Commission Chairman signs the final resolution. Director Blumenfeld noted that the matter will either be codified in the code or it will be clarified as a policy for the Planning Commission and City Council. Commissioner Hoffman questioned if City Council is questioning this process. Director Blumenfeld expressed his belief there was some confusion at the last City Council meeting because if the Planning Commission does not have a resolution to act on, then the final action on a matter on a resolution must be taken up at the next regular meeting. He advised that when the Planning Commission takes final action, there is a 7 day Council appeal period, and then 10 calendar days after Council decision for a private party to appeal. Chairman Allen disputed the language in the letter received by the Planning Commission regarding liability; and advised that if there was a problem with construction, liability for any project would rest upon the engineer of record. Director Blumenfeld agreed and added that the Commission has jurisdiction over the Zone Code; and that the issues raised in the letter relate to administrative review in the Building Code. Commissioner Perrotti mentioned that this letter also alleges the Planning Commission only rubber-stamps staff reports and pointed out that the Commission routinely recommends changes to matters; and he noted one change that needs to be made is on Page 6, Paragraph 10 of the resolution, the first line, "A covenant shall be incorporated into the covenants, codes," noting that the word "codes" should reflect the word "conditions." MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE Resolution No. Resolution P.C. 06-30. Motion unanimously carried. b. Resolution P.C. 06-33 approving a lot line adjustment to realign two lots, and a Variance to allow a new single-family dwelling on one of the lots with a 9-foot garage setback from Hermosa Avenue rather than the required 17 feet, at 2231 Hermosa Avenue. MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE Resolution No. Resolution P.C. 06-33. Motion unanimously carried. 2 Planning Commission Minutes November 21, 2006 C. Resolution P.C. 06-34 recommending amending the Zoning Ordinance pertaining to reconstruction of nonconforming commercial buildings. Director Blumenfeld stated that the decision from the Planning Commission at the prior meeting was to allow commercial buildings to be rebuilt without limitation if there is no change in gross floor area, the building footprint or increase in occupant load; further, he noted that the building must comply with the Building Code; that since most older buildings don't have fire sprinklers, that a fire sprinkler system should be installed, noting these issues were the basic, overall direction of the Commission. He explained that staff reviewed the ordinance after that meeting; and made several changes, the process has been streamlined and the 50-percent threshold has been removed thereby that was eliminating the requirement to do a study to determine how much of the building had been destroyed. He added that the process is now be an administrative review only, and the residential provisions are similarly streamlined to reflect the desire of the Commission to make the process as straightforward as possible. Commissioner Pizer stated that staff and the City Attorney did a fine job in streamlining the language. MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE Resolution No. Resolution P.C. 06-34. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 6. CUP 01-1 -- Modification or Revocation of the Conditional Use Permit for on -sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire. Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld stated that because staff neglected to post the public hearing notice on site, that this matter be continued to the next meeting; and advised that staff has communicated this request for a continuance to the applicant and the surrounding neighbors. MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to CONTINUE to the next meeting CUP 01-1 -- Modification or Revocation of the Conditional Use Permit for on - sale alcohol, live entertainment with two stages and additional bar and added seating, outside dining and outside waiting area in conjunction with a restaurant at 705 Pier Avenue, Club 705/Saffire. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None Planning Commission Minutes November 21, 2006 7. CON 06-11/PDP 06-10/TEXT 06-4 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map No. 67594 for an eight -unit residential condominium development and adoption of an Environmental Negative Declaration, and P.C. Resolution 06-31 to deny the proposed amendment to the Zoning Ordinance pertaining to maximum lot coverage of buildings within the Specific Plan Area No. 5 zone at 731,737 and 739 21st Street (continued from October 17,' 2006 meeting). Staff Recommended Action: To adopt P.C. Resolution 06-31 and to continue the condominium project to the December 6, 2006 meeting. Senior Planner Robertson stated that at the last Planning Commission meeting, the Commission took action on the requested text amendment and voted 4 to 1 to deny that request to change the lot coverage from 35 to 65 percent; that the Commission's action with respect to the condominium project was to continue it to this evening's hearing; but advised that the applicant is still working on plans to bring the project into conformance with the 35-percent standard; and that the applicant is requesting this matter be continued to the December 6`h meeting. Chairman Allen opened the public hearing. There being no public input, Chairman Allen closed the public hearing. MOTION by Commissioner Kersenboom, seconded by Commissioner Pizer, to ADOPT P.C. Resolution 06-31 to deny the proposed amendment to the Zoning Ordinance pertaining to maximum lot coverage of buildings within the Specific Plan Area No. 5 zone at 731, 737 and 739 21 st Street. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None MOTION by Commissioner Kersenboom, seconded by Commissioner Pizer, to CONTINUE to the next meeting CON 06-11/PDP 06-10/TEXT 06-4 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map No. 67594 for an eight -unit residential condominium development and adoption of an Environmental Negative Declaration. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 8. CON 04-23/PDP 04-25 -- Request for extension of the Vesting Tentative Parcel Map No. 061602 for a two -unit condominium at 94 17th Street. Staff Recommended Action: To extend the expiration date by one year to November 16, 2007. 4 Planning Commission Minutes November 21, 2006 Director Blumenfeld stated this matter is a request to extend the Vesting Tentative Parcel Map by one year, to November 16, 2007. MOTION by Commissioner Kersenboom, seconded by Commissioner Pizer, to APPROVE the extension of the Vesting Tentative Parcel Map to November 16, 2007. The motion carried as follows: AYES: Allen, Hoffman, Kersenboom, Perrotti, Pizer NOES: None ABSTAIN: None ABSENT: None 9. STAFF ITEMS a. Memorandum regarding Aviation Corridor Study. Director Blumenfeld noted that staff has completed a comprehensive study of the corridor with respect to land use, building conditions, circulation, the condition of buildings, trip generation on the street, problems and opportunities; stated that staff conducted a meeting at City Hall that was sparsely attended to review the study and obtain public input. He advised that the intent is to get input from the merchants and residents in a meeting in the area at the beginning of the year. Commissioner Hoffman stated while that meeting was sparely attended, he commended staff for their excellent presentation; and stated it was unfortunate there were not a lot of people in attendance. Director Blumenfeld expressed staff's intent to gather as much community input as possible, especially from those residents and businesses directly affected; and he added that staff will notice/advertise the meeting. 10. COMMISSIONER ITEMS Commissioner Perrotti questioned if the Dragon business is filing an application to amend its CUP for the December 61h Planning Commission meeting. Director Blumenfeld noted that they are requesting the ability to add televisions in their outdoor seating area, which are currently prohibited; and he noted that encroachment regulations allow it, but the encroachment regulations conflict with the CUP, that it is more restrictive and supersedes whatever conditions apply in the encroachment area. He noted the owner wants to amend it; and advised that the Commission will be able to review the entire CUP when it comes up for review. He advised that this issue arose because of a code enforcement action. Commissioner Kersenboom asked that staff provide the Commission a list of all businesses that have televisions outside in this area. Chairman Allen asked that the dates of approval for those CUP's also be provided of the other businesses that have outdoor televisions in this area. 5 Planning Commission Minutes November 21, 2006 ADJOURNMENT The meeting was adjourned at 7:33 P.M. CERTIFICATION I 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 meeting of November 21, 2006. r� Kent Aller��, Chairman B umenfel , B cretary 121191 Date 6 Planning Commission Minutes November 21, 2006