HomeMy WebLinkAbout2002-12-04 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE
CITY OF HERMOSA BEACH HELD ON DECEMBER 4, 2002, 7:00 P.M., AT THE
CITY HALL COUNCIL CHAMBERS
The meeting was called to order by Vice -Chairman Hoffman at 7:06 P.M.
Commissioner Kersenboom led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Hoffman, Kersenboom, Perrotti, Tucker
Absent: Chairman Pizer
Also Present: Sol Blumenfeld, Community Development Director
Denise Bothe, Recording Secretary
None.
CONSENT CALENDAR
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE the
November 19, 2002, Minutes as submitted. The motion carried as follows:
AYES:
Hoffman, Kersenboom, Perrotti, Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
Pizer
MOTION by Commissioner Tucker, seconded by Commissioner Perrotti, to APPROVE Resolution
P.C. 02-46, denying a Conditional Use Permit minor amendment to replace a window with a sliding
glass door for a two -unit condominium project at 644 10th Street. The motion carried as follows:
AYES:
Hoffman, Kersenboom, Perrotti, Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
Pizer
PUBLIC HEARINGS
6. PDP 02-17/CUP 02-9 -- Precise Development Plan and Conditional Use Permit to
allow the construction of a one-story 13,200-square-foot commercial building for a
drugstore, including a drive -through lane for purchase and pick-up of pharmacy
products, and adoption of an Environmental Negative Declaration at 155 and 159
Pacific Coast Highway, Sav-on Drugs (continued from the November 19, 2002
meeting).
Staff Recommended Action: To approve said request.
Director Blumenfeld advised that the applicant is seeking a continuance of this matter in order to
have more time to investigate additional site considerations.
a
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MOTION by Commissioner Perrotti, seconded by Commissioner Tucker, to CONTINUE this matter
to the January 21, 2003, Planning Commission meeting. The motion carried as follows:
AYES:
Hoffman, Kersenboom, Perrotti, Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
Pizer
Commissioner Tucker offered to meet with staff and the applicant to review his concerns with this
project.
7. CUP 02-10/PDP 02-22 -- Conditional Use Permit and Precise Development Plan
amendment to reconfigure an existing restaurant with on -sale general alcohol, live
entertainment and outdoor dining at 1301 Manhattan Avenue, Einsteins.
Staff Recommended Action: To approve said request.
Director Blumenfeld advised that the project is proposed to be developed as a new restaurant
under new management; noted that the interior floor space is 6,400 square feet; that the outdoor
dining decks totals 1,700 square feet; explained that the project parking is currently provided in the
existing multi -tenant building at 1301 Manhattan Avenue; and that the parking is proposed to be
maintained as it was originally permitted. He added that the applicant is proposing to make
substantial changes to the interior of the restaurant layout in order to resolve some of the code
enforcement problems that existed with the prior use; advised that the changes include a new
western steakhouse theme for the business, with a western -oriented menu; that a new seating
arrangement is being proposed, which will add more seating, but noted that the restaurant seating
plans are not available at this time; that the applicant is proposing to enclose the first level outdoor
dining deck sometime in August 2003, due to financial reasons; that 8-foot high walls are being
proposed for the second level, which will provide a noise surround for that outdoor dining area; that
two fire pits are being proposed as part of this second level outdoor space; and that as part of the
western theme, the applicant is proposing a mechanical bull ride.
With regard to the parking, Director Blumenfeld explained that the lower parking garage at 1301
Manhattan Avenue is available to all tenants; however currently, the lower 40 parking spaces are
only accessible through a keyed gate operation in violation of the original restaurant Conditional
Use Permit.; and stated that consequently the restaurant is not fully parked during its operation
With regard to noise concerns, Director Blumenfeld explained that the noise issues are proposed
to be addressed through some of the building renovation and restaurant and operation changes;
advised that the operation changes include a proposal for live entertainment, allowing for the
playing of recorded music and a piano; stated that outdoor amplified music on the second and
upper level patios will be eliminated; that higher surround walls will be installed to help attenuate
some of the noise; The entire lower patio will be enclosed and added that outdoor seating for
dining will be limited to the second floor patio.
Director Blumenfeld advised that staff is recommending the following additional conditions: a 6-
month review of the CUP relative to compliance for the business; to install a glass enclosure or
other barrier along the west side of the outdoor dining areas preparation of a noise attenuation
study by an acoustical engineer relative to potential noise impacts; limiting occupancy of the upper
patio to 10:00 P.M.; limiting occupancy of the lower patio to 11:00 P.M. if the existing condition is
allowed to remain on a temporary basis; that no live entertainment be permitted in the outdoor
seating areas and that the acoustical study address this condition; that the management be
responsible for maintaining and monitoring the noise to assist with code enforcement; that dancing
Planning Commission Minutes 12-04-02
be limited to the banquet area; and that all parking be available during the evening hours for all
customers of the business, with no assigned parking, or with keyed valet access to the lower
parking level area.
Commissioner Perrotti requested that the terminology in the resolutions be consistent with what's
reflected on the plans, specifically in this case, being consistent with identifying the patios.
Director Blumenfeld noted for Vice -Chairman Hoffman that the resolution could be amended to
limit what activities can take place on the patios, such as limiting the hours of operation; that
outdoor dining or seating shall not be allowed later than 11:00 P.M. on the lower patio and 10:00
P.M. on the upper patio; and that no other use be permitted in the patios beyond those hours.
Vice -Chairman Hoffman opened the public hearing.
Allen Sanford, applicant, 1710 Esplanade, No. C, Redondo Beach, distributed to the Planning
Commission and staff a copy of the acoustical engineering report which was done on the proposed
modifications that are being requested; stated that the report breaks down each of the areas that
are being proposed for modification, such as the installation of laminated glass walls, stucco walls
to block the migration of noise; and noted his conclusion that the report demonstrates some
solutions in attenuating the noise problems. He added that he is confident that he can operate a
successful restaurant while keeping the noise to a minimum. With regard to the two proposed fire
pits, Mr. Sanford advised that the City's Fire Chief and Fire Department officials have no problem
with the installation of the fire pits as long as the fire pits are maintained within the established fire
codes. Noting that adequate parking is crucial to the success of any business, Mr. Sanford
explained that he is closely working with the owner of the building to develop solutions to the
parking situation, such as valeting the bottom floor, the use of Becker's parking once Becker's is
closed, and plans to approach officials of the church on 16th Street for valet parking on their site.
Mr. Sanford mentioned that he welcomes a 6-month review.
Mr. Sanford explained that part of the concept for the steakhouse is late evening dining and that he
would prefer a later closing hour for the upper patio; and stated that taking away that seating at an
earlier hour would negatively impact the later dining activities and impair the ability to perform well
as a restaurant. He requested that the upper patio be permitted to remain open until 12:00
midnight. He highlighted the importance of providing an area for those patrons who smoke; stated
that modifications were made to accommodate those'who smoke, such as providing the laminated
glass walls, the 8-foot stuccoed wall on the south side, and the five general points. He added that
there is plenty of room and that this is an important issue for the success of this business. Mr.
Sanford stated that the only changes to the exterior of the building will be the placement of some
weathered cedar to the facade.
Mr. Sanford explained that the second level patio is somewhat of an artery to the entire restaurant;
that in order to get to the third patio, one has to access the second level patio; and noted that food
will be transported via the patio areas. He added that the third level patio is designed to be a
quieter patio.
Mr. Sanford noted for Commissioner Perrotti that he is proposing the type of music that will have a
low base sound, one that will not migrate as that of heavy based music; and stated that he would
like to have a piano in addition to the recorded music. He explained that the mechanical bull is
hydraulic and that it is a quiet operating system; stated that due to liability issues, the bull riding
activities will be operated by two employees; and mentioned that OSHA requirements will be
exceeded for the bull riding setup.
Planning Commission Minutes 12-04-02
Commissioner Perrotti noted, echoed by Commissioner Kersenboom, his concerns with the noise
coming from those cheering on the bull riding activities.
Mr. Sanford stated that the bull riding will be available to children and adults; that it will be well
supervised; and noted that he will not put the restaurant operation at risk for the bull riding activity.
Jed Sanford, 3119 Valley, Manhattan Beach, stated that the restaurant theme will be consistent
throughout the entire facility, but that they will be providing different atmospheres in this large
building, such as having a quieter area on patio 3 and a higher energy area on the first floor level.
Commissioner Tucker suggested placing the smoking area near the fire pits.
In response to Commissioner Tucker's suggestion, Mr. Sanford stated that that option has been
discussed; and added that the facility can be compartmentalized and closed off to the restaurant
patrons for banquet activities.
Jim Lissner, Hermosa Beach, requested that the resolution specifically call out for what live
entertainment will be permitted; he addressed his concerns with those leaving this establishment
and the noise from their departure late in the evening or early morning hours; and requested that
the Planning Commission limit the hours of operation to 11:00 P.M. five days a week and to 12:00
midnight two days a week.
Barbara Garvey, 1530 Manhattan Avenue, addressed her concerns that this establishment will add
to the existing late evening and early morning noise and other nuisances caused by the business
patrons; and noted her concern that the restaurant will eventually operate more as a bar.
Mr. Sanford explained that it is his goal to serve, from a restaurant perspective, a broad range of
patrons, not exclusively for families or any one particular demographic; stated that he is targeting
for the later evening hours a conversational environment, typically people from ages 25 to 45,
where they can stay and have a drink and listen to some music; and reiterated that the foundation
of this business is a restaurant, balanced with a minimal bar service.
There being no further public input, Vice -Chairman Hoffman closed the public hearing.
Commissioner Kersenboom suggested that the resolution limit the live entertainment to acoustic
and recorded music.
Vice -Chairman Hoffman suggested that the resolution be revised to consistently identify the patio
levels.
Commissioner Perrotti stated that he is concerned with noise, parking, and restaurant operations.
He noted his support for the vestibule, and suggested that this type of feature be included in future
restaurant/bar proposals; and expressed his belief that the resolution adequately identifies parking
requirements, but noted the need to correctly implement the parking requirements. He noted his
concern with the potential of ultimately limiting the restaurant hours and increasing the bar/club
hours and operations; and suggested that if there are concerns with the operations at the 6-month
review, that the review period be extended for another 6 months. He expressed his belief that the
internal noise has been adequately addressed and suggested that if the patrons create a nuisance
when leaving this establishment, that the police increase their presence during those affected
hours.
Commissioner Tucker advised that he had met with the applicants; noted his support for the 6-
Planning Commission Minutes 12-04-02
month review process; and suggested that the same conditions imposed upon the Pitcher House
be applied to this business. He suggested that the parking area be well maintained and
adequately lit.
Vice -Chairman Hoffman noted his concern that the bull riding activities will create a noise problem;
addressed his concern with the potential of this restaurant ultimately operating more like a bar or
club; and expressed his belief that the only way to mitigate the external noise is to limit the hours of
operation. He stated that he would not support this proposal as currently presented, noting his
hesitancy to approve this concept.
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE CUP
02-10/PDP 02-22 -- Conditional Use Permit and Precise Development Plan amendment to
reconfigure an existing restaurant with on -sale general alcohol, live entertainment and outdoor
dining at 1301 Manhattan Avenue, Einsteins. (This motion was ultimately amended; see page 6.)
In response to the Planning Commission's comments, Director Blumenfeld suggested that a
Condition No. 19 be added, stating that live entertainment shall be limited to piano and acoustical
music only.
With regard to further noise attenuation measures, Director Blumenfeld suggested incorporating
the following additional conditions:
1) an acoustical study shall be prepared by an acoustical engineer, including proposed
sound dampening features to baffle and direct sound away from the entrance/exit and window
areas to assure compliance with the noise ordinance; said study and sound dampening features
shall be reviewed and approved by the Community Development Director and shall be
implemented inside the building;
a) the acoustical study shall be based on a worst -case scenario or on a sound level
that will not exceed, at any given time, the levels pursuant to the Hermosa Beach Municipal Code;
b) management shall be responsible for the music and entertainment volume level;
c) during the performance of any live entertainment, the exterior doors and windows
shall remain closed; and
d) the acoustical study shall be prepared biannually and shall be submitted to the
Community Development Department for biannual review by the Planning Commission. Prior to
any entertainment being conducted, an adequately sized air conditioning system shall be installed.
Vice -Chairman Hoffman expressed his concern with the external noise caused by the patrons
leaving this establishment.
Commissioner Tucker addressed the need to minimize the noise nuisance from individuals outside
of this and other establishments near residential areas and the need for proactive enforcement in
making sure the nonamplified music does not migrate outdoors. He added that he would like to
see a seating plan submitted to the Planning Commission for review.
Director Blumenfeld stated that any acoustical study submitted to the City must be prepared by a
licensed acoustical engineer.
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to APPROVE CUP
Planning Commission Minutes 12-04-02
02-10/PDP 02-22 -- Conditional Use Permit and Precise Development Plan amendment to
reconfigure an existing restaurant with on -sale general alcohol, live entertainment and outdoor
dining at 1301 Manhattan Avenue, Einsteins and to include the following conditions: 1) an
acoustical study shall be prepared by an acoustical engineer, including proposed sound
dampening features to baffle and direct sound away from the entrance/exit and window areas to
assure compliance with the noise ordinance; said study and sound dampening features shall be
reviewed and approved by the Community Development Director and shall be implemented inside
the building; a) the acoustical study shall be based on a worst -case scenario or on a sound level
that will not exceed, at any given time, the levels pursuant to the Hermosa Beach Municipal Code;
b) management shall be responsible for the music and entertainment volume level; c) during the
performance of any live entertainment, the exterior doors and windows shall remain closed; and d)
the acoustical study shall be prepared biannually and shall be submitted to the Community
Development Department for biannual review by the Planning Commission. Prior to any
entertainment being conducted, an adequately sized air conditioning system shall be installed.
This motion carried as follows:
AYES:
Kersenboom, Perrotti, Tucker
NOES:
Hoffman
ABSTAIN:
None
ABSENT:
Pizer
8. CUP 02-8 -- Conditional Use Permit amendment to allow on -sale general alcohol;
non -amplified live entertainment; a take-out food service window; to add bar seating
in the patio area and extended hours of operation in conjunction with an existing
restaurant; and adoption of an Environmental Negative Declaration at 1100 The
Strand, Scotty's (continued from November 19, 2002 meeting).
Staff Recommended Action: To deny said request.
Director Blumenfeld advised that the applicant is requesting to amend his existing CUP that is
limited to beer and wine sales and to add full, general on -sale alcohol; and stated that the request
includes the addition of live, nonamplified, acoustical entertainment (piano), a bar area, a
modification to the floor plan for bar seating, a dance floor area, and a walk-up/take-out window —
pointing out that no expansion of the building or increase in occupancy is being proposed. He
noted the applicant's request to modify the hours of operation from 7:00 A.M. to 10:00 P.M. to 6:00
A.M. to 2:00 A.M. Director Blumenfeld commented on the similar uses within the Downtown area
and stated that the proximity of the business to residential uses, at the end of Pier Plaza meant
that there is increased potential for noise related conflict. He pointed out that no noise complaints
have been specifically directed towards Scotty's. He addressed staff's concern that the proximity
of the business to residential uses at the end of Pier Plaza may increase the potential for conflict
between uses. Furthermore Director Blumenfeld explained that noise related to live entertainment
could not be mitigated by closing doors and windows because there is no air handling system in
the building and that there are large expanses of glass that are left open in the summer; and that
for this reason, staff recommends including in the conditions that double -glazed windows and an
air conditioning unit be added to this establishment if the project is approved. With regard to the
proposed take-out window, he addressed staff's concern that locating the window at the northwest
corner of the dining area would present a problem with respect to the Strand and would conflict
with the adjacent pedestrian/bicycle traffic. He mentioned that customers may order take-out food
from inside the restaurant.
Pete Mangurian, Hermosa Beach, clarified that his proposal does not include a request for a dance
floor area; and advised that his establishment has received no complaints or violations in the past
Planning Commission Minutes 12-04-02
12 years of operation.
Mr. Mangurian noted for Commissioner Perrotti that he plans on incorporating double -paned glass
in the patio area.
Vice -Chairman Hoffman expressed, echoed by Commissioner Kersenboom, his concern that
approval of the applicant's request for a 2:00 A.M. closing time and the sale of general alcohol will
result in a change in operation, from a restaurant to a bar, and that the proposed changes will most
likely result in complaints of noise and other nuisances.
Jim Lissner, Hermosa Beach, urged the City to be consistent in its decision making; and
highlighted the owner's clean track record with this business.
There being no further public input, Vice -Chairman Hoffman closed the public hearing.
Director Blumenfeld noted for Commissioner Perrotti that if it is the owner's intent to install double -
glazed windows and an air handling system this must be indicated on the plans; and added that
the doors and windows must be closed during live entertainment performances.
Commissioner Tucker expressed his belief that extending the closing time to 2:00 A.M. will
increase the potential for complaints; and stated that he would not be opposed to extending the
hours to 12:00 midnight, but that he would be opposed to granting a general alcohol operation for
this establishment so close to residential uses along the Strand.
Commissioner Perrotti expressed his concern that approval of this request could result in another
bar or club operation at this site in the future if this business changes ownership; and noted his
support for extending the hours of operation to 12:00 midnight.
Given the granting of a CUP for this site, Vice -Chairman Hoffman highlighted the need to anticipate
the future operation at this site and expressed his belief that this request will create a change in
use from a restaurant to a bar operation.
MOTION by Vice -Chairman Hoffman, seconded by Commissioner Kersenboom, to ADOPT staff
recommendation to deny CUP 02-8 -- Conditional Use Permit amendment to allow on -sale general
alcohol; non -amplified live entertainment; a take-out food service window; to add bar seating in the
patio area and extended hours of operation in conjunction with an existing restaurant; adoption of
an Environmental Negative Declaration at 1100 The Strand, Scotty's; and moved that this matter
be returned to the Planning Commission for the modification of the existing CUP, extending the
hours of operation to 12:00 midnight. The motion carried as follows:
AYES: Hoffman, Kersenboom, Perrotti, Tucker
NOES: None
ABSTAIN: None
ABSENT: Pizer
Vice -Chairman Hoffman recessed the meeting at 9:00 P.M. and reconvened the meeting at 9:07
P.M.
9. GP 02-2/ZON 02-2 -- General Plan Amendment from General Commercial (GC) to
Medium Density Residential (MD) and a Zone Change from General Commercial (C-3)
to Two -Family Residential (R-2) or to such other designation/zone as deemed
appropriate by the Planning Commission and adoption of an Environmental Negative
Planning Commission Minutes 12-04-02
Declaration at 726 10th Street.
Staff Recommended Action: To direct staff as deemed appropriate.
Director Blumenfeld advised that the project site is 4,860 square feet, a single-family residence
constructed in the 1920's, and is located on the south side of loth Street; noted that the lot is
located at a depth of 155 to 200 feet from Pacific Coast Highway; and explained that loth Street
dead -ends from both the easterly and westerly directions and that a planted and curbed barrier sits
directly in front of the property. He stated that the existing use is nonconforming in this C-3 zone
and that it would be limited to a 50-percent maximum expansion. Director Blumenfeld mentioned
that the older zoning and land use maps prior to 1965 show the commercial depth at 110 feet. He
explained that the property directly to the south and behind this lot is zoned R-2 and is residentially
developed; and that it is the applicant's desire to re -designate and rezone this lot to MD Residential
and R-2, which would allow for exclusive residential use of the lot for a single-family home or a 2-
unit development — pointing out that a 2-unit development would result in a density that is
consistent with the surrounding residential densities and would be compatible with the surrounding
pattern of development in the area. He advised that if the Planning Commission approves this
request, it would preclude any future expansion of Pacific Coast Highway fronting commercial
properties and would preclude separate use of this lot for commercial use. He mentioned that
Exxon/Mobil has indicated no interest in incorporating this lot into its service station property; and
he added that it is the City Council's direction to maintain the commercial depths along Pacific
Coast Highway.
Director Blumenfeld advised that the applicant is proposing that this lot is unique because of the
street barrier that sits in front of the lot and that commercial development of this L-shaped lot is
extremely limited and not the best use for the primarily residential neighborhood. Further, he noted
that the depth of the commercial zone is greater at the south side of loth Street than the adjacent
block to the south and the other streets between 8th and 1 oth Streets. He noted that the R.V. park
use across the street is also inconsistent with the General Plan. Given that the zoning in this
section of the Pacific Coast Highway corridor is C-3 rather than S.P.A, Director Blumenfeld stated
that the lot has no other opportunity for new residential use other than the limited expansion
allowable under the nonconforming ordinance. He stated that this property does have some
unique conditions and that it may warrant some special consideration relative to the applicant's
request.
Director Blumenfeld noted for Commissioner Perrotti that it might be possible to load the driveway
on the westerly end of the lot and still not disturb the location of the barrier.
Vice -Chairman Hoffman opened the public hearing.
Gloria Kolesar, 714 10th Street, Hermosa Beach, applicant, made the following corrections in the
report: that the R-3 designation and General Plan reference to her application should be amended
to reflect R-2, Medium Density.
Director Blumenfeld advised that he concurs with the highlighted amendments.
Ms. Kolesar presented a videotape that addressed her request for the subject site and addressed
the neighboring businesses and residential areas. Ms. Kolesar explained that her L-shaped
property is much deeper than any of the other properties in a five -block area; and that the property
has a medium density to the south, west and north, putting it deeper into a residential area. She
confirmed that Exxon is not interested in purchasing this lot due to its odd configuration; and
pointed out that condominiums and houses run down the entire length of this block. She
Planning Commission Minutes 12-04-02
expressed her belief that the 21-unit R.V. park across the street and the nearby church do not
conform to the General Plan. She stated that this lot does not have the essentials to make it a
good commercial property, such as adequate use, circulation and visibility. Ms. Kolesar explained
that this property is considered a legal, nonconforming property; that because of the existing
restrictions, approximately 250 square feet could be added to the original footprint and that this
would not be a useful living space, and, therefore, creates no incentive to improve this property
because of this restriction. Because of the setback requirements with an R-2 zone next to a
commercial use, she expressed her belief that setback requirements would severely limit the
frontage for commercial use. She added that she was not able to find in the City any stand-alone
C-3 lots facing on a side street with residential uses on three sides; and mentioned that this
property has a significant cul-de-sac as its frontage and does not lend itself to commercial use.
She urged the Planning Commission to grant her request and allow the property to be used in the
same manner as it has for the past 80 years. Ms. Kolesar stated that this site will create property
tax revenue for the City; and she summarized the uniqueness of this site: cul-de-sac in the front of
the property, property situated 150 to 200 feet from Pacific Coast Highway, barrier at the front of
the property, and residential use all the way around on 3 sides.
Director Blumenfeld noted for Commissioner Tucker that the Public Works Department has not
provided any input on removal of the barrier; stated that the Public Works Department has
replaced and improved similar type barriers within the City; and expressed his belief that, if
necessary, this barricade could be relocated somewhat at the applicant's expense with
redevelopment of the property.
Commissioner Perrotti expressed his belief that this property is not that unique and that it could be
adequately merged and developed with the gas station site — highlighting the increasing closures
of gas stations upon merging with other gas companies.
Commissioner Kersenboom concurred with Commissioner Perrotti's comments; noted his
reluctance to change the zoning; and stated that adding this lot to the commercial lot at the front
just might accommodate a better use in the near future with the possible closure of the gas station.
Commissioner Tucker pointed out that a similar request across the street had been denied by the
Planning Commission; and addressed the need to maintain the depth of the properties in the
commercial corridor along Pacific Coast Highway — pointing out his hesitancy to lose that added
square footage that will be needed for commercial development in the future.
Vice -Chairman Hoffman highlighted what he perceives is an incongruity between the zoning map
and the general plan map; expressed his belief that if it this property is not merged with the current
Exxon site, the only viable thing this lot could be used for would be if there was an intensification of
use, for instance, on the Rocky Cola site, where they would want offsite parking; and noted that
this scenario would not be acceptable.
MOTION by Commissioner Perrotti, seconded by Commissioner Tucker, to DENY GP 02-2/ZON
02-2 -- General Plan Amendment from General Commercial (GC) to Medium Density Residential
(MD) and a Zone Change from General Commercial (C-3) to Two -Family Residential (R-2) or to
such other designation/zone as deemed appropriate by the Planning Commission and adoption of
an Environmental Negative Declaration at 726 10th Street. The motion carried as follows:
AYES:
Kersenboom, Perrotti, Tucker
NOES:
Hoffman
ABSTAIN:
None
ABSENT:
Pizer
Planning Commission Minutes 12-04-02
10, CON 02-16/PDP 02-20 -- Conditional Use Permit, Precise Development Plan and
Vesting Tentative Parcel Map No. 26664 for a two -unit condominium at 310 Monterey
Boulevard.
Staff recommended Action: To approve said request.
Director Blumenfeld advised that this is a request to develop two detached 3-level units containing
basements with two stories above; noted that the units would contain four bedrooms each,
including two bedrooms and a full bath in addition to the garages at the basement level; and
advised that each unit would have a roof deck. He stated that the buildings are contemporarily
designed; noted that the required parking is provided in the ground -level garages, with access both
off Monterey Boulevard and Culper Court; and stated that entries to the units are located facing the
street and facing the alley. Director Blumenfeld advised that there is one parking space for each
unit in front of the garages on the alley and two on Monterey Boulevard; stated that the curb cut on
Monterey Boulevard will cause a loss of on -street parking, but that this loss is compensated for
with two guest parking spaces. He mentioned that this building complies with the zoning
requirements and is consistent with the maximum allowable 30-foot height; advised that the roof
plan does not show all the critical point information and, therefore, a new roof plan would have to
be submitted. He stated that the lot coverage is slightly over the maximum permitted and that it will
have to be adjusted to meet the 65-percent maximum allowable; and noted that sound attenuation
measures will have to be provided if the buildings are not separated.
Director Blumenfeld noted for Vice -Chairman Hoffman that if there is no separation between the
units, then the building will have to be reduced in size to conform to the 65-percent lot coverage
regulation.
Director Blumenfeld explained for Commissioner Perrotti that if the units are separated, it will
require 8 feet of clearance in between the units; that if they are not to be separated, then the
buildings must connect and noise attenuation would be required between the two units.
Vice -Chairman Hoffman opened the public hearing.
Cheryl Vargo, representing the applicant, advised that this is a single structure with a continuous
roof although the plan shows a building separation; and stated that each unit has its own wall, two
walls abutting each other rather than a common wall — pointing out that this will provide an
increase in noise attenuation. She stated that if the building code so requires, the gap would be
eliminated. She stated that the driveway slope will meet code and added that there are several
ways to achieve the reduction in the driveway slope and meet the height requirement. Ms. Vargo
added that the lot coverage of the building will be adjusted to meet the 65-percent maximum; and
stated that this adjustment will not create a significant alteration of the building or floor plan. Ms.
Vargo mentioned that a couple neighbors who live in the condominium complex to the south have
expressed concern with the property line wall that is shared between the two properties; and
advised that she has assured these neighbors that the existing wall is on the neighbors' property,
that the developer cannot alter that wall, and that anything the developer does has to be done on
the applicant's property. She mentioned that she will contact these neighbors and make sure that
if any changes need to be made, that it be done with these neighbors' concurrence.
Ms. Vargo, in response to Commissioner Tucker's concern with the integrity of the property line
wall, explained that it is not likely the wall will be affected by these activities because of an 18-inch
separation between the property line and their walls.
There being no further input, Vice -Chairman Hoffman closed the public hearing.
10 Planning Commission Minutes 12-04-02
Commissioner Tucker stated that if the property line wall is damaged, that the applicant should
repair the wall and put it back in better condition than it was prior to the damage.
Commissioner Perrotti requested that decorative paving be added to the driveway.
Director Blumenfeld stated that the decorative paving could be added to the conditions; and noted
that since Ms. Vargo has clarified that the building is intended to be one structure, that the
Planning Commission may want to strike Condition 1e; and suggested that a condition be added to
include decorative driveway paving.
Vice -Chairman Hoffman noted his interest in revisiting the issue of installing three-quarters bath
areas versus that of full baths; stated that in this particular case, he would prefer to see a full bath;
and briefly commented on his disappointment in the loss of this original dwelling.
MOTION by Commissioner Tucker, seconded by Commissioner Perrotti, to APPROVE CON 02-
16/PDP 02-20 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel
Map No. 26664 for a two -unit condominium at 310 Monterey Boulevard; moved to delete existing
Condition le, replacing it with a condition for decorative paving on the driveway; and moved to
permit the full bath in the garage level. The motion carried as follows:
AYES:
Hoffman, Kersenboom, Perrotti, Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
Pizer
11. CON 02-18 -- Conditional Use Permit amendment to an existing four -unit
condominium to enclose existing second floor decks and add new decks on the third
floor at 49 and 55 8th Street.
Staff Recommended Action: To approve said request.
Director Blumenfeld explained that this request is to enclose covered second -story decks on the
rear units facing the alley; advised that enclosing the covered portion of the second -story decks
would_ result in a 63-square-foot reduction of open space for each unit; and stated that the
applicants are proposing to add additional deck areas on the third floors of each unit to offset the
loss of open space by enclosing the covered decks on the second floors. He stated that the third -
story decks would result in an additional 135 square feet of gross floor area for each unit. He
explained that the project complies with all the zoning regulations, but that it may not comply with
all the condominium ordinance regulations, unless there is an adequate STC rating attenuating the
noise from the open space to the living space below. Director Blumenfeld recommended the
following additions to the conditions of approval:
1 a) Submitted plans shall include a new roof plan and section drawings;
2a) The project shall meet all condominium ordinance requirements, with a minimum floor -
ceiling insulation rating between units at 58 STC, to be clearly noted on the plans; and
2b) Proof of concurrence by the condominium association regarding the proposed changes
shall be submitted prior to the final building permit approval.
Vice -Chairman Hoffman opened the public hearing,.
11 Planning Commission Minutes 12-04-02
Brian Durham, 49 8th Street, applicant, explained that the existing second level decks are primarily
over the units below; that the new third level decks will span the roof, not sit on the roof, and that
they will be attached to the walls on either side of the decks; and that these new decks will
encompass much of the same area that the decks currently cover on the neighbor's unit. He
stated that elementary tests were successfully conducted to satisfy the neighbor's concern with
noise. Mr. Durham mentioned that the second floor balconies are on the rear of the alley and are
not useful nor used; and that they create a noisy condition due to their location. He added that the
condominium association is in concurrence with this proposal.
Mr. Durham clarified for Commissioner Tucker that the main large deck areas on the front of the
units are already over the neighbor's kitchen and dining areas; and that this proposal will simply
add to that same deck area that is currently over the neighbor's dining room and will not encroach
any new areas of his unit that aren't already encroached by the existing deck above. He added
that the spa will be removed from the deck.
There being no further input, Vice -Chairman Hoffman closed the public hearing.
Commissioner Tucker requested that a letter of concurrence from the condominium association be
provided to staff.
Highlighting a similar proposal for the property that the Planning Commission previously denied,
Vice -Chairman Hoffman expressed his belief that this proposal is dissimilar due to the front having
an open space feel.
MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE CON
02-18 -- Conditional Use Permit amendment to an existing four -unit condominium to enclose
existing second floor decks and add new decks on the third floor at 49 and 55 8th Street; and to
include 1 a) submitted plans shall include a new roof plan and section drawings; 2a) the project
shall meet all condominium ordinance requirements, with a minimum floor -ceiling insulation rating
between units at 58 STC, to be clearly noted on the plans; 2b) proof of concurrence by the
condominium association regarding the proposed changes shall be submitted prior to the final
building permit approval. The motion carried as follows:
AYES: Hoffman, Kersenboom, Perrotti, Tucker
NOES: None
ABSTAIN: None
ABSENT: Pizer
12. CUP 02-4 — Six-month review of the Conditional Use Permit minor amendment to
change hours of alcohol sale of an existing drive -through market with off -sale beer
and wine at 205 Pier Avenue, Alta -Dena Dairy.
Staff Recommended Action: To receive and file.
Director Blumenfeld stated that the Police Department has indicated that no complaints have been
reported during the past six months with respect to the operations of this business.
MOTION by Commissioner Perrotti, seconded by Commissioner Kersenboom, to RECEIVE and
FILE CUP 02-4 — Six-month review of the Conditional Use Permit minor amendment to change
12 Planning Commission Minutes 12-04-02
hours of alcohol sale of an existing drive -through market with off -sale beer and wine at 205 Pier
Avenue, Alta -Dena Dairy. The motion carried as follows:
AYES:
Hoffman, Kersenboom, Perrotti, Tucker
NOES:
None
ABSTAIN:
None
ABSENT:
Pizer
13. Staff Items
Director Blumenfeld stated that staff is preparing the materials for the special meeting of the
Planning Commission scheduled for Monday, January 27, 2003
14. Commissioner Items
Director Blumenfeld noted for Commissioner Perrotti that no building plans have been submitted
for the Pavilion site.
Vice -Chairman Hoffman requested that a future Planning Commission agenda include an item to
discuss general policy guidelines for the use of audiovisual presentations; to impose a possible 5-
minute time limitation for these presentations; and suggested that these materials be submitted to
staff prior to being presented to the Planning Commission.
On behalf of the Planning Commission, Commissioner Tucker wished everyone a happy holiday
season.
15. Adjournment
MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, for adjournment at
10:34 P.M. No objection was noted.
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 December 4, 2002.
* k WA k V (rv/
Peter Hoffman#ce- irman Sol Blumenf Id, cretary
December 4, 2002
Date
13 Planning Commission Minutes 12-04-02