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HomeMy WebLinkAbout2004-07-20 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON JULY 20, 2004, 7:00 P.M., AT THE CITY HALL COUNCIL CHAMBERS The meeting was called to order by Chairman Perrotti at 7:03 P.M. Vice -Chairman Pizer led the Pledge of Allegiance. At this time, Chairman Perrotti thanked Langley Kersenboom for his service on the Planning Commission for the past four years; and welcomed new Commissioner Richard Koenig aboard. Director Blumenfeld highlighted Commissioner Koenig's background in building contracting and designing; advised that he has lived and worked in this community for many years and that he is very active in this community. On behalf of staff, he welcomed Richard Koenig to the Planning Commission. Commissioner Richard Koenig stated that he is honored to be part of this process. ROLL CALL Present: Allen, Koenig, Pizer, Chairman Perrotti Absent: Hoffman Also Present: Sol Blumenfeld, Community Development Director Ken Robertson, Senior Planner Denise Bothe, Recording Secretary ORAL/WRITTEN COMMUNICATIONS None. 4. Approval of the June 15, 2004 Minutes Director Blumenfeld stated that a memorandum had been provided to the Commission with regard to amending the June 15 Minutes to reflect a unanimous decision on Item No. 9, NR 04-3 -- Addition and remodel to an existing nonconforming single-family dwelling resulting in a greater than 50% increase in valuation at 2019 Ava Avenue. MOTION by Vice -Chairman Pizer, seconded by Chairman Perrotti, to APPROVE the June 15, 2004, Minutes as amended. The motion carried as follows: AYES: Allen, Pizer, Perrotti NOES: None ABSTAIN: Koenig ABSENT: Hoffman Planning Commission Minutes July 20, 2004 5. Resolution(s) for consideration a. Resolution 04-18, approving a Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061109 for a two -unit condominium at 970 6th Street. Director Blumenfeld briefly addressed the applicant's request to continue this to the next meeting, noting that the owner and architect are continuing to revise the plans. PUBLIC HEARINGS 6. CUP 04-2 -- Conditional Use Permit amendment to an R-1 Planned Development for four single-family homes to modify the retaining wall and landscaping areas at the rear of the homes at 1911, 1921, 1931 and 1941 Power Street (continued from June 15, 2004 meeting). Staff Recommended Action: To continue to the August 17, 2004 meeting. Director Blumenfeld noted the applicant's request to continue this matter in order to complete the necessary hydrology studies. Chairman Perrotti opened the public hearing. There was no public input. MOTION by Commissioner Allen, seconded by Commissioner Koenig, to CONTINUE to August 17, 2004, CUP 04-2 -- Conditional Use Permit amendment to an R-1 Planned Development for four single-family homes to modify the retaining wall and landscaping areas at the rear of the homes at 1911, 1921, 1931 and 1941 Power Street (continued from June 15, 2004 meeting). The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan With regard to Item No. 7, CON 04-13/PDP 04-14 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061176 for a two -unit condominium at 165 Manhattan Avenue, Director Blumenfeld noted the applicant's request to shift this item to the end of the agenda due to his anticipated late arrival to this evening's meeting. 8. CON 04-14/PDP 04-15 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061349 for a two -unit condominium at 1522 Palm Drive and 1523 Manhattan Avenue. Staff Recommended Action: To approve said request. Senior Planner Robertson stated that this property is located on the west side of Manhattan Avenue; that it has alley access to the rear along Palm Drive; and advised that the lot slopes down 2 Planning Commission Minutes July 20, 2004 deeply to the west, with a grade change of 16 feet. He noted that the project consists of two detached structures containing basements and two stories above; stated that Unit A is located on the upper side of the lot; that it contains four levels, including two basement levels, four bedrooms, four and a half bathrooms; and noted that Unit B is located on the lower side, contains three levels, with a basement garage level and a roof deck, three bedrooms and three and a half bathrooms. He noted that the building is designed in a contemporary style, with a smooth stucco finish, a metal seam barrel roof, vinyl windows, metal riglets, wrought iron railing and accents that include copper eyebrows and slate covered exterior walls at the entry levels. He stated that parking is provided on the ground floor of each unit with direct access to Manhattan Avenue and the alley; that guest parking is provided for each unit in front of the garages, with one space on the alley and two on Manhattan Avenue; and explained that the curb cut on Manhattan Avenue will result in the loss of two public parking spaces, but noted that this loss of parking will be compensated for with two additional on -site guest parking spaces. Senior Planner Robertson advised that the plans have been completed and that they comply with all building codes and requirements. Vice -Chairman Pizer commented on the potential for an illegal rental unit on Building A, with the bedroom and bath. Senior Planner Robertson explained that the bedroom and bath is below grade and that there is no separate exterior access. Chairman Perrotti commented on his concern with the multiple construction projects on the 29- foot lots on Manhattan Avenue and the decrease in on -street parking spaces. Director Blumenfeld noted that because of the narrow width of these lots, these projects tend to use up more curb space with the apron approaches along the curb, but highlighted the accommodation of onsite guest parking. Chairman Perrotti opened the public hearing. Elizabeth STOUT, 1001 6"' Street, Manhattan Beach, representing the property owner, stated that this project is in full compliance with the Condominium Ordinance with the R-3 zoning; explained that the buildings and driveway have been designed to accommodate the topography; explained that the placement of the bedroom and bathroom on Unit A in the subbasement level is effectively utilizing the sub -grade area; and noted that it would be difficult to have separate access. She noted that the stairway is open on the upper level. With the aid of drawings, she highlighted the design of the project. There being no further input, Chairman Perrotti closed the public hearing. The Commission briefly commented on the project's compliance with City codes. MOTION by Vice -Chairman Pizer, seconded by Commissioner Koenig, to APPROVE CON 04- 14/PDP 04-15 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061349 for a two -unit condominium at 1522 Palm Drive and 1523 Manhattan Avenue. The motion carried as follows: 3 Planning Commission Minutes July 20, 2004 AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan 9. CUP 04-3 -- Conditional Use Permit amendment to allow outdoor dining, on -sale general alcohol and extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast at Large. Staff Recommended Action: 1) To approve the floor plan alterations, extended hours and outdoor dining. 2) To direct staff as deemed appropriate in regard to the request for on -sale general alcohol. Director Blumenfeld stated that this is a request to approve floor plan alterations, extended business hours, outdoor dining, and a request to approve on -sale general alcohol; advised that the existing restaurant is located on the first floor of a two-story building that was constructed in 1985; noted that the first floor has been a restaurant use since the building was constructed; advised that the second floor contains an office; and noted that parking is located in the driveway, behind and under the building. Director Blumenfeld stated that the building is nonconforming to parking since it was constructed in 1985 when the requirement was one parking space per 300 square feet for both office and restaurant uses; and he advised that currently, the requirement is one space per 100 square feet. He stated that the conditional use permit (CUP) is required for on - sale beer and wine for the first -floor restaurant, noting that the conditional use permit was issued by the Planning Commission in 1985 for the former restaurant on the property. He stated that the operating hours contained in that CUP are from 11:00 A.M. to 10:00 P.M. Sunday through Thursday and from 11:00 A.M. to midnight Friday and Saturday. Director Blumenfeld stated that the applicant is proposing to make these interior alterations shown in the floor plan, to change/modernize the interior space on the ground floor. He advised that the restaurant will continue to operate with an Italian menu, noting that the Planning Commission was provided a copy of the proposed restaurant menu. Director Blumenfeld stated that the applicant is proposing to remove/relocate the westerly wall of the facility in order to accommodate a new outdoor dining area that will take advantage of the ocean views; advised that the new balcony will be located on the westerly side of the restaurant; and that it will replace an existing indoor floor space., Director Blumenfeld stated that there will be no net increase in the amount of floor area in this establishment, that it is only a reconfiguration of the existing footprint of the building. He stated that the applicant will have to provide a detailed seating plan in order for staff to calculate the occupant load for the business; stated that the applicant is proposing to extend the hours of operation from 10:00 A.M. to 11:00 P.M. Sunday through Thursday and no change in the current midnight hours on Friday and Saturday. He explained that the outdoor dining may result in some conflict for the nearby residents; and noted that staff is suggesting that the balcony area include a 6-foot high glass sound attenuation barrier. With respect to the on -sale general alcohol, Director Blumenfeld stated that the applicant is proposing a full alcohol permit for the establishment; and related applicant's argument that this establishment is not likely to become a bar and nightclub because of the midnight closing hours. 4 Planning Commission Minutes July 20, 2004 He explained that there is also concern with the parking; advised that 17 parking spaces are currently allocated to the restaurant; that originally, there were 15 parking spaces which were conditionally provided offsite through an agreement with the adjoining property, but advised that that agreement was never executed and proved to be impractical. He stated that it was not a condition that was enforced and that over the years, that additional parking was not utilized for this property. He pointed out that since there is no expansion within the business, there's no increased parking demand as calculated under the City's parking regulations. Given the proposed development, he stated that staff is recommending approval of the floor plan alterations, extended hours of operation, outdoor dining and that staff is looking for Planning Commission direction with respect to the on -sale general alcohol request. He briefly commented on the posting and noticing requirements for this matter. Commissioner Koenig requested clarification on the 15 additional parking spaces with the original CUP. In response, Director Blumenfeld explained that currently, this is a condition of the original CUP; and advised that unless this condition is amended, it would remain a condition with the CUP. He stated that while staff has found it difficult to enforce, it does not preclude it from being enforced; and he pointed out that he is not aware of any noise or parking complaints stemming from the operations at this site. Director Blumenfeld explained that with regard to parking requirements, the Zoning Ordinance is based on gross floor area or sometimes on seats for assembly uses; and reiterated that there is no net increase in gross floor area with this proposal. He mentioned that providing a seating plan is a building code requirement. Chairman Perrotti questioned if this CUP would supersede the existing CUP. In response, Director Blumenfeld stated that this evening's proposed CUP would supersede the existing CUP and noted that the Commission could choose to maintain the original parking provision. Director Blumenfeld noted for Commissioner Koenig that the applicant is not requesting live entertainment; and he commented on projects that involved studies by an acoustical engineer to measure the noise of live entertainment. Chairman Perrotti opened the public hearing. Carl Rogers, 620 9th Street, Manhattan Beach, applicant, explained that the agreement for offsite parking was established by the previous owners to meet the original CUP requirement; and noted that since the previous restaurant and adjacent building had changed owners, the agreement was abandoned. At the suggestion of staff, Mr. Rogers advised that he has obtained a signed agreement with the property directly to the north of his establishment for an additional 10 parking spaces for the evening hours that are consistent with the hours in the original CUP; with regard to the increased seating and how it impacts the parking requirements, he noted that he is limited by the City to serve a maximum of 91 occupants — pointing out that he is not seeking to increase that number. Mr. Rogers stated that he is attempting to make the restaurant more successful and to draw more people to the dining area; and expressed his belief that because of pedestrian travel in this area, he does not believe there will be a major impact to vehicular traffic. He advised that he has no interest in live entertainment; and that his intent is to make this a landmark restaurant for Hermosa Beach. He stated that this proposal will allow this property to have a dramatic ocean s Planning Commission Minutes July 20, 2004 view from Palos Verdes to Malibu and that this will be a special place to celebrate important occasions; and stated that for this reason, a full beverage service would be appropriate. He thanked staff for their assistance during this process. Vice -Chairman Pizer requested clarification on the new parking agreement. In response, Mr. Rogers stated that it is an annual agreement, renewable by mutual consent by either party with 30 days' notice. He expressed his belief that this facility will ultimately not need the offsite parking arrangement; advised that he is working with three surrounding properties on parking arrangements; stated that two property owners have expressed support; and that he is still in the process of pursuing the third property owner for their consent. Vice -Chairman Pizer questioned if a more permanent parking agreement can be reached. In response, Mr. Rogers explained that there are complexities in establishing an agreement like that because it imposes additional requirements on other property owners with regard to analysis of their parking; stated that he will do his best to continue to work for that effort; and reiterated his belief that he will be able to accommodate his parking on his own lot, but to have an alternate parking arrangement as a backup. He noted his doubt that a property owner will be able to represent to him in writing that they would provide him with an irrevocable right to park on their property. Director Blumenfeld reiterated that there is no increased parking demand because no additional floor area is being proposed and stated that it would not be proper to apply a higher parking standard on this project on that basis. Chairman Perrotti questioned if the restaurant complies with the current parking requirements. In response, Director Blumenfeld stated that the restaurant is a legal, nonconforming use with parking at 1 per 300 instead of 1 per 100 square feet of gross floor area. Mr. Rogers advised that valet parking will be utilized during peak hours and any other time it is warranted; stated that with the valet parking, he will gain 5 to 7 additional parking spaces on his lot; and he noted that he currently has 17 parking spaces. Mr. Rogers noted for Commissioner Koenig that he anticipates no increase in the number of employees from the original restaurant use. Carol Lawson, 728 24th Street, stated that she lives down the hill from the restaurant, approximately 100 to 150 feet away; and noted her support for the glass barrier which will help with mitigating the noise. Ms. Lawson noted her preference for a fully enclosed balcony and stated that she is not supportive of a full liquor license. Chairman Perrotti commented on the 6-month review process that will be included in the conditions and stated that after 6 months of operation, this matter will be revisited to determine if any problems arise. Jay Schuster, owner of the office building at 2401 Pacific Coast Highway, stated that his building is approximately 300 feet from this establishment; noted that the applicant contacted him in regard to a parking arrangement; and addressed his concern with the potential for noise and how it will impact the tenants in his building. He stated that his tenants are mostly professionals who work 6 Planning Commission Minutes July 20, 2004 late in the evenings and on weekends; and commented on his concern with the noise and parking impacts. He urged the City to obtain assurances for a quiet establishment and for adequate parking. Pat Zingheim, property manager at 2401 Pacific Coast Highway, noted her concern with the limited parking in this area and Mr. Rogers' inability to secure the 15 conditional parking spaces; and advised that many of the business operators in this building primarily operate between 5:00 P.M. and 8:00 P.M. and on Saturday afternoons. She noted her discomfort with allowing a full alcohol license for this establishment and urged the Planning Commission to require that the applicant obtain the required offsite parking. Mr. Rogers stated that if there is a parking enforcement issue on Mr. Schuster's property that results from his restaurant business, he will work with Mr. Schuster in placing signage and that he will help police the parking as best he can. He stated that he will proactively work with Mr. Schuster so that he is not impacted by the restaurant operations. Mr. Rogers requested that in order to further mitigate any noise on the balcony, that he be permitted to erect an 8-foot glass barrier. There being no further public input, Chairman Perrotti closed the public hearing. In response to Commissioner Koenig's inquiry, Director Blumenfeld reiterated that as long as he has been with the City, no complaints have been received with respect to noise or parking problems at this property; and noted that the CUP for parking runs with the land. Commissioner Koenig addressed his concern with noise that might impact the neighbors. Director Blumenfeld noted that the Planning Commission has previously required an applicant to obtain the services of a qualified acoustical engineer to prepare a study to evaluate the noise from a particular establishment. Vice -Chairman Pizer questioned if the prior parking agreement had been submitted to the Planning Department. Director Blumenfeld noted for Vice -Chairman Pizer that that was done; stated that after the sale of the property, the agreement was not maintained and is no longer in effect; and explained that the condition is still a provision of the CUP and that it can be enforced. Director Blumenfeld stated that the Commission could maintain or modify the parking condition; and reiterated that there is no increase in parking demand. Vice -Chairman Pizer noted his support for this project; expressed his belief that this establishment will operate as a restaurant as opposed to a bar because of the lack of live entertainment, a dance floor and its midnight closure — pointing out that typically, bars operate until 2:00 A.M. in the morning; commented on the 6-month review for this business; and expressed his belief that the project will be a major improvement for this property. He noted his support for enforcing the full CUP. 7 Planning Commission Minutes July 20, 2004 Chairman Perrotti expressed his belief that offsite parking agreements are difficult to enforce and that they don't work well and questioned the need for an offsite parking agreement; noted his support for increasing the height of the glass sound barrier; stated that with the midnight closure, he does not see a problem being generated down the road with the on -sale general alcohol; and highlighted the 6-month review process should any issues arise in the future. Commissioner Allen stated that he is supportive of the restaurant upgrade; that he is supportive of the 8-foot glass barrier; but noted his opposition to the on -sale general alcohol license. MOTION by Vice -Chairman Pizer, seconded by Chairman Perrotti, to APPROVE CUP 04-3 -- Conditional Use Permit amendment to allow outdoor dining, on -sale general alcohol and extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast At Large, and to modify Section 5-lA to increase the glass sound barrier from 6 feet to 8 feet. The motion failed as follows: AYES: Pizer, Perrotti NOES: Allen, Koenig ABSTAIN: None ABSENT: Hoffman MOTION by Commissioner Koenig to APPROVE CUP 04-3 -- Conditional Use Permit amendment to allow outdoor dining, extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast At Large, modifying Section 54A to increase the glass sound barrier from 6 feet to 8 feet and that the applicant obtain the services of an acoustical engineer to provide a noise study prior to a building permit being issued. (This motion was ultimately rescinded.) Director Blumenfeld clarified that the requirement previously for this type of condition has been for a qualified acoustical engineer to prepare an acoustical study in conformance with the City's noise ordinance that provides noise attenuation for an establishment and such improvements shown on the project plans prior to the issuance of a building permit; and he suggested that the Commission may wish to require the applicant to provide a proposed operating program for the televisions and the locations of speakers. In order to get a more accurate measure of noise at an establishment, Vice -Chairman Pizer stated that most noise studies should be conducted after a business is in operation. MOTION by Commissioner Allen, seconded by Commissioner Koenig, to APPROVE CUP 04-3 -- Conditional Use Permit amendment to allow outdoor dining, and extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast At Large, and to modify Section 5-1A to increase the glass sound barrier from 6 feet to 8 feet; that the project be conditioned upon the original CUP; that the applicant provide an acoustical engineering study based upon the operating conditions of the business, such as the location of speakers, televisions, and amplified music; that such study be included in the project plans and prepared prior to the issuance of the building permit; and to deny the on -sale general alcohol. Chairman Perrotti stated that requiring this applicant to obtain an acoustical study is more Planning Commission Minutes July 20, 2004 restrictive than what this body has done in the past; and explained that the only time the Commission has involved acoustical studies is when there was live entertainment or amplified music. Vice -Chairman Pizer noted his concurrence with Chairman Perrotti's comment that this is not consistent with the Commission's standard policy. The motion failed as follows: AYES: Allen NOES: Koenig, Pizer, Perrotti ABSTAIN: None ABSENT: Hoffman MOTION by Commissioner Koenig to APPROVE CUP 04-3 -- Conditional Use Permit amendment to allow outdoor dining and extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast At Large, modifying Section 5- 1A to increase the glass sound barrier from 6 feet to 8 feet; that a full acoustical engineering study be performed before a building permit is issued, which includes all electronic devices; that the original CUP be enforced for parking; and that the on -sale general alcohol be denied. This motion failed due to the lack of a second. MOTION by Chairman Perrotti, seconded by Commissioner Koenig, to CONTINUE CUP 04-3 - - Conditional Use Permit amendment to allow outdoor dining, on -sale general alcohol and extended hours of operation in conjunction with an existing restaurant at 2205 Pacific Coast Highway, Mama's Feast At Large, to a meeting wherein all members of the Planning Commission are present. The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan (Agenda Item No. 7 was considered at this time.) 7. CON 04-13/PDP 04-14 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061176 for a two -unit condominium at 165 Manhattan Avenue. Staff Recommended Actiow To approve said request. Senior Planner Robertson stated that this project is located on the west side of Manhattan Avenue with alley access to the rear along Palm Drive; advised that the property gradually slopes down to the west; explained that the project consists of detached structures containing basements and two stories above; that the rear unit on the lower side of the lot contains four levels, including a basement and a mezzanine level; that the front unit contains three levels, including a basement and a roof deck; and noted that the units contain two bedrooms and a bonus room on the ground floor. 9 Planning Commission Minutes July 20, 2004 He stated that the building is designed in a contemporary style, with a smooth stucco finish, concrete tile roofing, vinyl windows with tined glass and glass guardrails. Senior Planner Robertson stated that the 36-inch box trees will need to be reflected on the landscape plans; that the plans will need to specify the location for trash receptacles; stated that the size of the guest parking space on the alley needs to be 9 by 22 feet clear between the support columns; and that other dimensions will need to be reflected on the plans. He noted that the applicant has complied with most of the requirements for the R-3 zone. Chairman Perrotti opened the public hearing. Jerry Compton, project architect, stated that he will make all required modifications and additions required by staff; and noted that the 36-inch trees were inadvertently left off the plans. Vice -Chairman Pizer questioned how the guest parking for Unit A will work with its 12.5- percent slope. In response, Mr. Compton noted for Vice -Chairman Pizer that if possible, in order to clear that parking space at the rear, he might have to raise the garage to decrease the slope, noting that this has been done elsewhere in the City. Kurt Jones, 164 Manhattan Avenue, addressed his concern with the loss of on -street parking; and noted that with all the construction going on in the City, many contractors are ignoring the regulations for start/end times and making a mess on the roadways and sidewalks. He questioned how the building height is calculated and confirmed. Director Blumenfeld commented on the process staff utilizes to compute building height; stated that a building project is surveyed at the rough framing stage to ensure that what has been approved on the plans is actually what has been built; and he encouraged Mr. Jones to visit him during business hours so that he could personally go over the information he is seeking. He added that the City is aggressive in its attempts to make sure contractors start and finish on time and asked Mr. Jones to contact the Community Development Department when he witnesses a contractor ignoring the rules. Mr. Compton offered his business card to Mr. Jones should there be a problem with this project. There being no further input, Chairman Perrotti closed the public hearing. MOTION by Vice -Chairman Pizer, seconded by Commissioner Koenig, to APPROVE CON 04- 13/PDP 04-14 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 061176 for a two -unit condominium at 165 Manhattan Avenue. The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan 10 Planning Commission Minutes July 20, 2004 RECESS AND RECONVENE Chairman Perrotti recessed the meeting at 8:40 P.M. and reconvened the meeting at 8:47 P.M. HEARING(S) 10. NR 04-5 -- Remodel and addition to an existing nonconforming single-family dwelling resulting in a greater than 50% increase in valuation at 760 Loma Drive. Staff recommended Action: To direct staff as deemed appropriate. Director Blumenfeld stated that this is a one-story single-family dwelling that was constructed in 1923; noted that the request is for an addition and remodel to the existing single-family dwelling, which has nonconforming guest parking, nonconforming front yard, side yard, and garage setbacks; and stated that the proposed redevelopment of the property results in greater than 50 percent increase in valuation. He stated that there is currently 2 parking spaces; advised that the existing building encroaches one foot into the public right-of-way along Loma Drive rather than having a required front yard of 5 feet; that the existing building encroaches several inches into the public right-of-way along 8th Street rather than having the required northerly side yard of 3 feet; that the southerly side yard is 2.2 feet rather than the required 3 feet; and that the garage setback is 13 feet rather than the required 17 feet. He noted that nonconforming side yards can be continued and extended subject to Planning Commission approval. Director Blumenfeld stated that the applicant is proposing to construct a 686-square-foot addition on the second floor and a roof deck totaling 400 square feet; noted that the proposed addition is consistent with the 30-foot height limit; advised that the expansion will increase the living area of the house from 915 feet to approximately 1,600 square feet, which results in a 73-percent increase in valuation relative to building expansion; and stated that the project otherwise conforms to the Zoning Ordinance and to planning requirements. Director Blumenfeld stated that the Public Works Department has submitted comments to the Community Development Department regarding the existing building encroachments; that according to Public Works, the encroachments will be required to be removed and the project will further require installation of new curbs, gutters and sidewalks on Loma Drive and 8t Street; and noted that the encroachments for removal include all fences, railings, planters, and building encroachments. He stated that the one -foot encroachment on the front of the dwelling unit will need to be removed where it encroaches on Loma Drive and that the several -inch encroachment on 8th Street would also have to be removed. With removal of those elements, he indicated that the property will then have nonconforming landing and steps and that those will have to be corrected to provide the correct lateral clearance of the required stairway; and he noted that the existing main entrance to these dwellings will likely be affected. Director Blumenfeld stated that installing the new curb, gutter and sidewalk on 8th Street will further decrease the garage setback to 5.8 feet as opposed to 13 feet, thereby creating a collateral effect that makes this project more nonconforming. Because of the extent of these nonconformities, he stated that staff is looking for direction from the Planning Commission with respect to the approval of the project. Mark Hanna, applicant, stated that he and his wife purchased this house two years ago and noted 11 Planning Commission Minutes July 20, 2004 his interest in expanding the living space. Charlie Schwartz, building designer, stated that this is an old building that encroaches City property in a couple places; pointed out that the new addition conforms to the standards outlined in the current Zoning Ordinance; advised that useable open space is provided; and that lot coverage is not exceeded. He stated that the addition is in excess of 50 percent only because the existing building is very small; and noted his intent to make the space more useable for the homeowners. He stated that if a portion of the northerly side yard porch has to be removed, there will still be a 3-foot entryway. Director Blumenfeld stated that the survey indicates there may be a problem with the entryway on the northerly yard, noting that it appears to vary from 12 to 18 inches. Vice -Chairman Pizer asked how this project can go forward if Public Works is specifying these conditions on the property. Director Blumenfeld stated that the project has to conform with the requirements of the Municipal Code to the extent practicable; and that since the project exceeds a certain threshold for development, it's subject to review by the Public Works Department and that the Public Works Department can require that certain encroachments be removed. Mr. Schwartz asked that the discussion this evening not address public property issues and stated that he did not receive the memorandum from the Public Works Department; and stated that he will separately deal with the Public Works Department on its issues. Vice -Chairman Pizer suggested that the applicant be permitted to deal with Public Works on their issues with this project. Director Blumenfeld mentioned that any encroachment issue can be appealed to City Council. MOTION by Vice -Chairman Pizer, seconded by Commissioner Koenig, to APPROVE NR 04-5 -- Remodel and addition to an existing nonconforming single-family dwelling resulting in a greater than 50% increase in valuation at 760 Loma Drive, subject to Public Works review and approval; and moved that the Resolution reflect that this matter come back to the Planning Commission if there are major changes to the project that affect the extent of the remodel or building valuation. The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan 11. NR 04-6 -- Remodel and addition to an existing nonconforming single-family dwelling resulting in a greater than 50% increase in valuation at 949 13th Street. Staff Recommended Action: To approve said request. 12 Planning Commission Minutes July 20, 2004 Senior Planner Robertson stated that the increase in valuation for this project is 78.2 percent; advised that the existing house is 1,186 square feet, with a proposed addition of 950 square feet; noted that the dwelling is currently nonconforming to garage setback, rear and side yard standards, building separation requirements and guest parking requirements; advised that the westerly side yard is 2.75 feet at the existing roof deck rather than the required 5 feet — pointing out that this particular nonconformity is proposed to be corrected by removal of that deck. He stated that the main building and garage are 4 feet apart rather than having the required 6 feet of separation; and that the garage is set back from the alley by 12 feet rather than the required 3, 9 or 17 feet. He stated that the 950-foot addition is on the second floor and that the 218-square-foot deck addition is on the second floor. Other than the existing nonconformities, he stated that the proposal does conform to all planning and zoning requirements. With respect to guest parking issues, he noted staff s belief that this can be resolved with a minor redesign; and noted that if a parallel guest parking space were required, a 9-foot depth by 22-foot length in front of the garage would accomplish a widening of the driveway by 1.5 feet, thus eliminating the nonconformity with guest parking. He stated that the remaining nonconformity conditions, the garage setback and the building separation issue, if maintained, are relatively minor and are not considered unusual and that staff would recommend approval of the project with these conditions. MOTION by Vice -Chairman Pizer, seconded by Commissioner Allen, to APPROVE NR 04-6 -- Remodel and addition to an existing nonconforming single-family dwelling resulting in a greater than 50% increase in valuation at 949 13th Street. The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffinan 12. NR 04-2 -- Roof deck addition to an existing duplex with a nonconforming side yard resulting in the extension of an existing nonconforming side yard at 1085-1087 Monterey Boulevard (continued from June 15, 2004 meeting). Staff Recommended Action: To continue to August 17, 2004 meeting. Senior Planner Robertson stated that the applicant is requesting a continuance in order to have more time to submit the necessary application and fees relative to making a legal determination with respect to the garden room below the roof deck. ,MOTION by Commissioner Koenig, seconded by Commissioner Allen, to CONTINUE to August 17, 2004, NR 04-2 -- Roof deck addition to an existing duplex with a nonconforming side yard resulting in the extension of an existing nonconforming side yard at 1085-1087 Monterey Boulevard (continued from June 15, 2004 meeting). The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffman 13 Planning Commission Minutes July 20, 2004 13. NR 04-7 -- Addition and remodel to an existing single-family residence with an extension of an existing nonconforming side yard at 926 21st Street. Staff Recommended Action: To approve said request. Senior Planner Robertson stated that this site has an existing nonconforming side yard of zero feet; advised that the applicant wants to extend that condition along the property line on the west side; stated that this is an existing two-story dwelling that was constructed in 1976; that the dwelling is nonconforming to rear and side yard requirements; explained that the subject dwelling is attached to the existing dwelling unit on the adjacent property and is separated by a common party wall — pointing out that the westerly side yard is 0 feet rather than the required 4.5 feet; and advised that the expansion stays on the property owner's side of the thick common party wall. He advised that the second story addition measures 315 square feet; that it encloses the second floor deck; and noted that the applicant also proposes to build a 217-square-foot roof deck. He explained that this evening, the Commission will review the continuation of the deficient westerly side yard. Senior Planner Robertson stated that the rest of the proposal conforms to planning and zoning requirements; but that the height needs to be verified and can be resolved as a condition of approval. He highlighted this unique situation, noting that this is neither a condo nor a planned unit development. MOTION by Vice -Chairman Pizer, seconded by Commissioner Allen, to APPROVE NR 04-7 -- Addition and remodel to an existing single-family residence with an extension of an existing nonconforming side yard at 926 21 st Street. The motion carried as follows: AYES: Allen, Koenig, Pizer, Perrotti NOES: None ABSTAIN: None ABSENT: Hoffman It was the consensus of the Commission to combine Item Nos. 14 and 15 since they're basically the same appeal. 14. A-14 -- Appeal of director's decision regarding the grade used for height measurement at 430 Longfellow Avenue; and 15. A-14 -- Appeal of director's decision regarding the grade used for height measurement at 434 Longfellow Avenue. Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld stated that this is a request for the Planning Commission to use an alternative measurement for the corner point elevation for consideration of building height as permitted in the Zone Code; and advised that this project and the abutting property, Item No. 15, have very similar slope conditions, both requesting to consider another point as the datum for measuring grade. He advised that the properties are zoned R-1; noted that there is a 25-foot height limit in the zone; and commented on the difference in elevation at the property line along Longfellow Avenue, noting that when an adjacent street is cut, it is typical to cut the adjacent lot to make the site accessible. 14 Planning Commission Minutes July 20, 2004 He noted staff s belief that the retaining wall protects the cut and is likely to represent an unaltered grade and that staff believes the retaining walls along the northerly property line represent an unaltered grade for both lots. It was the consensus of the Commission that the northerly property line represents an unaltered grade as interpolated from the top of the wall elevations at 430 and 434 Longfellow Avenue. 16. STAFF ITEMS a. Summary of General Plan update status. Director Blumenfeld stated that the Planning Commission had been provided the survey results which were discussed at the prior meeting, summarizing what was discussed at the last meeting. Vice -Chairman Pizer stated that he will create an outline from his notes from that meeting, have the Planning Commission review that outline, then submit that outline to the rest of the Committee. He stated that the next meeting will focus on urban design, determining neighborhood districts within the City. 17. COMMISSIONER ITEMS Chairman Perrotti stated that the area all around Dano's needs to be cleaned up, 1320 Hermosa Avenue. Director Blumenfeld stated that he will contact the property owner. 18. ADJOURNMENT The meeting was formally adjourned at 9:34 P.M. CERTIFICATION I hereby certify that the foregoing Minutes are a true and complete record of the action taken by g Hermosa Beach at the regularly scheduled meeting of July 20, 2004. the Polannin "` m ts�on of "Sam Perrotti, Chairman MSoIlumrilfl Secretary t ;/ 0 a� � � Dat 15 Planning Commission Minutes July 20, 2004