HomeMy WebLinkAbout2003-01-27 PC Minutes Special MeetingMINUTES OF THE PLANNING COMMISSION
REGULARLY ADJOURNED MEETING OF THE CITY OF HERMOSA BEACH
HELD ON JANUARY 27, 2003, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Chairman Pizer at 7:01 P.M.
Vice -Chairman Hoffman led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Hoffman, Kersenboom, Tucker, and Chairman Pizer
Absent: Commissioner Perrotti
Also Present: Sol Blumenfeld, Community Development Director
Denise Bothe, Recording Secretary
TOPICS FOR DISCUSSION
1) Chimney Design and Height for all Residential Projects
Director Blumenfeld stated that this matter has been brought forth in order to discuss whether to
amend the zoning ordinance for the allowable height of chimneys; and added that Louie Tomaro,
who works as an architect and does many projects in the City, has been invited to this evening's
meeting to present some information and lend his expertise in regard to this matter.
Director Blumenfeld noted that the Planning Commission's previous direction was to see
uniform height for all chimneys, not more than 3 feet above the allowable roof height; but that
this direction has created its own special problems that need to be addressed. He highlighted
staff s recommendation to define chimney assemblies to include the elements that make up the
chimney -- the chase, the flue, the spark arrestor, and the chimney cap; to limit the bulk of listed
chimney assemblies to 3 feet wide by 3 feet long for single -flue assemblies, 3 feet wide by 5 feet
long for double -flue assemblies, and 3 feet wide by 7 feet long for triple -flue assemblies; to limit
the maximum height of chimneys to not more than 5 feet when the chimneys are located on the
sloped roof section and not more than 4 feet when the chimneys are located on the flat roof
section; and, lastly, to prohibit non -listed chimney assemblies.
Referring to the Uniform Building Code (UBC) requirements, Director Blumenfeld advised that
any chimney must be at least 2 feet above the nearest roof within 10 feet; and explained that if
you have non -rated and rated assemblies, it can complicate matters. He added that depending on
the location of the chimney, the Planning Commission may want to give consideration to how
high the Commission wants to allow a chimney — stating that, for instance, in the case of a flat
roof, the Commission may want to consider limiting the height of the chimney to 4 feet, and on a
sloped roof condition, the Commission may want to consider limiting the height of the chimney
to 5 feet. He pointed out that each chimney assembly requires 30", including the framing, the
chimney wall and the spark arrestor. Highlighting the drawings in staff report, Director
Blumenfeld pointed out that the chimneys are typically part of the building design.
Planning Commission.. Special Meeting
January 27, 2003 4 all
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Louie Tomaro, 1001 6ch Street, Manhattan Beach, architect
Mr. Tomaro addressed some of the limitations that have cropped up with chimneys during the
building design stages; explained that one of the problems architects are faced with is using
unattractive, prefabricated chimneys with spark arrestors; and stated that architects would like to
see more latitude to allow for design creativity that they can use with the fireplaces, but pointed
out that architects face some liability in what they design for custom chimney caps, such as
ample venting and the separation requirements for combustible materials. Mr. Tomaro stated
that each chimney manufacturer makes different types of shrouds with decorative colors that
cover the spark arrestors; and advised that there are a number of different fireplace
manufacturers, each one having their own listed assemblies. He addressed the importance of
proportionately designing the chimneys to fit with the character of the architecture; and added
that in most cases, he tries to combine multiple chimneys into one so that the chimneys are not
scattered across a roof.
Director Blumenfeld highlighted the drawings on page 6 which illustrate some of the problems
confronted by architects; stated that what is shown on page 6 is a manufactured listed chase
which is non-combustible; added that when you have that entire assembly, you can go up 3 feet
from the roof and comply with the 2-and-10 requirement; but noted that if you have a condition
with a combustible chase, then you have to come up another 3 feet; and that if you don't have the
rest of the listed assembly, what you're looking at is an unadomed/plain chimney cap with a
spark arrestor. He stated that staff would like to avoid this situation and added that this design
feature should not be compromised with this code requirement. He reiterated staff s 5
recommendations, including the recommendation to prohibit non -listed chimney assemblies.
Director Blumenfeld noted for Chairman Pizer that the termination cap, the decorative shroud is
part of this recommendation and would be incorporated into the overall height. He stated that
custom designed termination caps could be used as long as they are ICBO approved as non-
combustible assemblies.
Mr. Tomaro explained that it would take a tremendous amount of time to obtain a UL rating or
ICBO approval on a custom design; and stated that this provision would limit the architects in
what they could do, but he reiterated that he would support this limitation because of the liability
concerns with designing custom caps, making sure that they draft and vent properly. While
wanting greater design flexibility, Mr. Tomaro explained that the architects are seeking direction
on the maximum size of chimneys; stated that he is in agreement with the dimensions
recommended in staff report; expressed his belief that the manufacturers would allow different
materials to be used to make decorative shrouds; and that it is his belief there are plenty of
designs in the marketplace for the architects and the manufacturers to use listed, decorative
shrouds.
Director Blumenfeld explained for Chairman Pizer that the architects would use the listed
shrouds and then apply another material over that assembly, though not covering the spark
arrestor.
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January 27, 2003
Mr. Tomaro confirmed for Vice -Chairman Hoffman that he is comfortable with using a listed
assembly and working with it to create a character that would be reminiscent with whatever style
of architecture he is working on at the time.
Director Blumenfeld stated that it is staff s belief that a maximum 5-foot limitation would allow
for enough space on any roof pitch and a maximum 4-foot limitation would allow for enough
space on a flat roof.
Mr. Tomaro noted for Commissioner Kersenboom that the above -mentioned dimensions should
work with all fire box assemblies, be it single, double or triple designs.
Director Blumenfeld clarified that on the steepest part of a roof, a chimney may extend 5 feet
above the roof; that the chimney height would be measured from the roof from which it extends,
not from the adjacent roof, and stated that if you had a stacked set of roof lines, then the 2-and-
10 rule would apply, measured no greater than 5 feet at the top.
Mr. Tomaro explained that where the increased dimension is needed is where the chimney comes
out of the roof.
Director Blumenfeld pointed out that Recommendation Nos. 2, 3 and 4 relate to design issues
and that the others are enforcement issues; and requested direction from the Planning
Commission on whether to come back with a text amendment to Chapter 1746.010 of the Zone
Code relative to the 5 items.
MOTION by Vice -Chairman Hoffinan, seconded by Commissioner Kersenboom, to
APPROVE staff s recommendation to define chimney assemblies to include the elements that
make up the chimney -- the chase, the flue, the spark arrestor, and the chimney cap; to limit the
bulk of listed chimney assemblies to 3 feet wide by 3 feet long for single -flue assemblies, 3 feet
wide by 5 feet long for double -flue assemblies, and 3 feet wide by 7 feet long for triple -flue
assemblies; to limit the maximum height of chimneys to not more than 5 feet when the chimneys
are located on the sloped roof section and not more than 4 feet when the chimneys are located on
the flat roof section; to prohibit non -listed chimney assemblies; and directed staff to return with a
text amendment to Chapter 1746.010 of the Zone Code for the 5 recommended items.
Commissioner Tucker suggested that the Mechanical Code also be amended to include these
changes.
The motion carried as follows:
AYES: Hoffinan, Kersenboom, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: Perrotti
3 Planning Commission Special Meeting
January 27, 2003
2) Snack Shop Definition
Director Blumenfeld addressed staff s desire to make the code more understandable with regard
to snack shop versus restaurant uses; stated that a snack shop is parked at a less restrictive
parking ratio than a restaurant, at the retail parking ratio of 4 per thousand as opposed to a
restaurant parking ratio of 10 per thousand; and explained that the City needs to uniformly and
consistently make its determinations when distinguishing between the two uses, stating that it
can sometimes become problematic when some of the uses sell more than just snacks, such as
offering table service, food menus and providing a large number of tables/chairs. He highlighted
the importance of promoting more retail, particularly in the Downtown area; and stated that staff
is proposing 5 potential recommendations to clarify the differences.
Director Blumenfeld mentioned that the Planning Commission had amended the Building Code
to make the snack shop/restaurant distinction with whether a business had a Type I hood vent
versus a Type II hood vent; and he expressed staffs belief that it would be better to limit the
seating area for these types of uses. He stated that staff is recommending that the Planning
Commission address uses that cater to walk-in traffic; to address limiting the service area; and to
address limiting menus and limiting cooking and food preparation areas.
Director Blumenfeld recommended establishing a limit on the maximum number of seats and
tables that are permitted to qualify as a snack shop, such as allowing no more than 5 or 10 tables,
which would place a business outside the realm of most restaurants. He suggested prohibiting
table service and establishing a limitation on gross floor area, stating that if a business has a large
kitchen, it should not be considered a snack shop.
Director Blumenfeld noted for Commissioner Tucker that both indoor and outdoor seating would
be included in the total permitted; and stated that staff would suggest no more than 5 tables, with
a total of 20 chairs.
Chairman Pizer suggested using the kitchen hood types for certain businesses as a guide to
determine if it's a snack shop versus a restaurant.
Commissioner Kersenboom stated, echoed by Commissioner Tucker, that he would prefer to see
no more than 5 small tables with a total of 10 chairs in a snack shop establishment.
Director Blumenfeld explained that if you limit the number of users, you ultimately limit the
parking demand.
Commissioner Tucker noted his support for no table service and to place a limit on the gross
floor area.
Director Blumenfeld pointed out that a parking plan will continue to be required for every
project; and that the Planning Commission would have the ability to use discretionary review.
With regard to limiting gross floor area, Chairman Pizer pointed out that there are a large number
of restaurants in Hermosa Beach that have small square footage.
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January 27, 2003
Director Blumenfeld stated that staff is suggesting that the gross floor area where the patrons are
allowed be no more than 1,000 square feet.
Director Blumenfeld noted for Commissioner Tucker that this would apply citywide.
Commissioner Tucker stated that he would prefer limiting the total gross floor area for customer
usage to 800 square feet.
Director Blumenfeld stated that he will obtain a sampling square footage of public areas for
businesses, such as Starbucks and the Coffee Bean, and obtain a clearer picture on how much
floor area would be needed for 5 tables and 10 chairs.
Director Blumenfeld explained for Vice -Chairman Hoffinan that staff will return with some
regulations to limit an active retail use, such as a Krispy Kream or Jamba Juice business/drive-
through.
Commissioner Tucker questioned if a snack shop needed a Type I hood vent, would it be
permitted with this change.
Director Blumenfeld explained that if the staff recommendations are adopted, the Type I or Type
II hood vents would no longer be a consideration. Director Blumenfeld explained that certain
businesses are pedestrian oriented and don't generate any parking demand, particularly in the
Downtown area; that some of these uses tend to sell retail products, such as Starbucks selling
coffee mugs and coffee making equipment; pointed out that certain uses have a retail component
to them; and that the City does not want to penalize these businesses which have a retail
component.
Vice -Chairman Hoffman suggested defining a snack shop as an ancillary activity that's
conducted in a retail establishment and whether or not the business has a kitchen; and suggested
creating a list of permitted items for sale — pointing out that this list would be occasionally
modified.
Director Blumenfeld advised that staff did visit some of these local businesses to try and get an
idea of the size needed to operate; and he reiterated that staff will return with some figures on
square footage, using a ratio of public area to gross floor area in looking at this limitation.
It was the consensus of the Planning Commission to approve staff s Recommendation Nos. 1
through 4 as reasonable additions or limitations on what would be permitted for a snack shop
(address uses that cater to walk-in traffic, limit the seating and table area, prohibiting table
service, limiting gross floor area), and to exclude Recommendation No. 5 (limiting menus and
limiting cooking and food preparation areas.)
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January 27, 2003
3) Three -Quarter Bath Requirement for Two or More Units
Director Blumenfeld stated that the Planning Commission had eliminated the ability to build full
baths at the ground level, believing that it may be easier to convert to bootleg units; and stated
that it is staff s belief this provision is not effective in preventing an owner from converting a
space to a bootleg unit, adding that there is no evidence to support this theory. He suggested that
this provision be eliminated and that the City continue its enforcement pursuit of these illegal
units.
Vice -Chairman Hoffinan expressed his belief that this provision is not effective and stated that
he would support eliminating this provision.
Commissioner Tucker stated that he would support the elimination of this provision as long as
the unit stairways are open and a deed restriction is signed.
It was the consensus of the Planning Commission to eliminate this condition.
4) Standards to Reduce Sound Attenuation Requirements for Condominiums other
than Stacked Flats
Director Blumenfeld explained that the City uses a noise attenuation rating for the components
that make up the walls, the floors and other assembly units that make up the construction of a
condominium unit; stated that the current requirement is a 58 Sound Transmission Co -Efficient
(STC) rating for condominiums; and explained that this rating is only achieved by pouring a light
weight concrete floor typically for stacked units. He added that the light weight concrete floor is
an expensive and difficult endeavor; that it is only effective with stacked units as opposed to
side -by -side units; and pointed out that side -by -side units are typically built in the City. He
stated that staff is recommending eliminating the 58 STC rating for non -stacked projects; and
requiring an STC rating of 54. Director Blumenfeld recommended that wording be added to the
last line of Item G,
"The minimum wall insulation rating between units shall be 52 STC. Floor/ceiling assemblies
between stacked wall units shall be 58 STC. In all other cases, the floor/ceiling shall not be less
than 54 STC. These ratings shall be detailed and referenced on the approved plans." In addition,
he advised that staff is suggesting a common wall definition, "Common wall means staggered
stud walls on one upper and lower plate separating two condominium units. For the purpose of
this chapter, parallel stud walls with separate top and bottom plates in the air space between are
not defined as common wall." He stated that staff wants to ensure that no plumbing fixture shall
be located in a common wall of a floor/ceiling assembly between stacked units; and he added
that the plumbing can be located in the parallel stud walls.
Director Blumenfeld explained for Vice -Chairman Hoffinan that if you have a stacked unit, you
would have to comply with all of the condominium law requirements and the 58 STC rating; but
that side -by -side units will have to conform to no less than a 54 STC rating.
It was the concurrence of the Planning Commission to concur with staff recommendation.
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January 27, 2003
5) Limitations of Open Space Coverage for Trellis Structures
Director Blumenfeld advised that a homeowner is allowed to provide some of the required open
space on decks, but that one cannot enclose more than two sides on the deck and that the trellis
not result in more than 50-percent coverage. He stated that this provision is unclear. He
explained that the Planning Commission had previously approved the layout of trellises that
could occupy the entire space, holding back the trellis from 50 percent of the floor area, which
has from time to time resulted in unsatisfactory results for the architect/builder. Director
Blumenfeld suggested that the Planning Commission may want to dispense with this requirement
and allow the homeowner to cover the entire deck area with trellis, making sure that the trellis
spacing is 50 percent open space area. He noted the need for trellis and patio cover to be better
defined for code enforcement purposes.
Commissioner Kersenboom stated that he would support 25 percent coverage.
Vice -Chairman Hoffman stated that he would support covering the entire area provided the
coverage is less than a certain percentage, yet to be determined.
Director Blumenfeld stated that if the Planning Commission left the 50-percent limitation intact,
staff would calculate the open space between the framing. Director Blumenfeld suggested that
the Planning Commission could leave the 50-percent coverage intact and direct staff to ensure
that there is no prohibition when reviewing plans on covering the actual deck area up to the full
extent of the deck.
The consensus of the Planning Commission was to support staff s first recommendation, that the
trellis shall be allowed to cover the entire open area as long as the open areas between the
framing represent at least 50 percent open space.
6) Garage Entries and Finished Height
Director Blumenfeld highlighted the need for uniformity of requirements for areas covering the
driveway and areas that lead into a garage, both commercial and residential; noted staffs
preference to be guided by the UBC standards, which require 7 feet clear from the finished floor
to the finished garage door opening, unobstructed head room to head room clearance of not less
than 7 feet above the finished floor, with the door in the open position.
J.R. Reviczky, stated that the UBC doesn't reference garage door openers, that it references
piping and obstructions; advised that some garage door openers will not work unless the motors
and rails are lower than the height of the door; and he urged the Planning Commission to take
this into consideration.
Director Blumenfeld stated that by approving the proposed change that the building may become
more compressed and this may become a design issue for the architect.
7 Planning Commission Special Meeting
January 27, 2003
It was the consensus of the Planning Commission that the code be consistent and require a 7-foot
clearance, with no obstructions, from the finished surface of the garage to the finished surface of
the garage door opening.
7) General Plan Update
Director Blumenfeld highlighted the various elements in the City's General Plan and the date the
various elements had been adopted and/or amended; advised that the City Council had directed
staff to develop a draft RFP for the update of the City's General Plan; and commented on some
of the inconsistencies in the General Plan. He stated that the Land Use and Circulation Elements
must be internally consistent with each other and all other elements, in particular, the Housing
Element. He added that an environmental analysis would have to be performed, either preparing
an Environmental Impact Report (EIR) or a Mitigated Negative Declaration, which would
depend on the results of an Initial Study for the project. Director Blumenfeld stated that the
consultant would need to conduct some initial data collection identifying potential significant
impacts and prepare a Draft Technical Study, which would be used for the environmental review.
He stated that the environmental review would include traffic reports, an air quality analysis, a
noise analysis, and a review of the initial analysis and studies conducted by staff; and on that
basis, the consultant would then make a determination as to whether an EIR is required.
Director Blumenfeld commented on the public hearing cycle that would need to take place to
complete the various element updates and the update of the General Plan as a whole; and he
estimated that the entire process would take approximately a year to complete. Director
Blumenfeld stated that this process can be very costly and noted that funding may limit what can
be undertaken in this scope of work.
Vice -Chairman Hoffman suggested updating the Urban Design Element and the Seismic
Element and noted his support for conducting a Land Use and Circulation Elements update.
Commissioner Tucker expressed his opinion that the City should conduct a comprehensive
General Plan Update, bringing all of the elements up to date. He mentioned that he would like to
increase the minimum size of condominium square footage from 1350 to 1750 in order to
alleviate density in the City.
Director Blumenfeld stated that this process can be very costly and that it would be more feasible
to carry out the project in a phased manner; and highlighted the need for community outreach,
such as conducting various workshops.
Chairman Pizer expressed his preference that a General Plan Review Committee be formed prior
to the RFP going out to bid in order to assure that the public has adequate input with this process.
Commissioner Kersenboom requested that the Planning Commission be provided a copy of the
Economic Review Committee's report/booklet that was presented to the City Council.
8 Planning Commission Special Meeting
January 27, 2003
Director Blumenfeld suggested that each Planning Commissioner present to staff their ideas for
the RFP to prioritize what to pursue; and stated that the City could obtain a cost analysis for each
task.
Commissioner Tucker stated that he would like to see the following element updates: housing,
noise, urban design, economic, seismic, parks and recreation, and conservation; and stated that
he would support Chairman Pizer's request for the creation of a committee to address this matter.
Director Blumenfeld stated that it is his understanding the Planning Commission is directing
staff to not issue the RFP at this time; that a cost analysis be provided for each task; and to wait
until a determination has been made for the creation of a committee.
Vice -Chairman Hoffman expressed his appreciation for all the work Director Blumenfeld had
put into creating the staff reports for this extra meeting.
ADJOURNMENT
MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to ADJOURN
the meeting at 9:34 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 regular scheduled meeting of January 27,
2003.
Ron Pfizer, Chairman
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Date
9 Planning Commission Special Meeting
January 27, 2003