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HomeMy WebLinkAbout2001-11-20 PC Minutes Regular MeetingMINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON NOVEMBER 20, 2001, AT 7:00 P.M. AT THE HERMOSA VALLEY SCHOOL, MULTI -PURPOSE ROOM The meeting was called to order by Chairman Perrotti at 7:05 p.m. Commissioner Tucker led the pledge of allegiance. Roll Call Present: Commissioners Hoffman, Pizer, Tucker, Kersenboom, and Chairman Perrotti Absent: None Also Present: Sol Blumenfeld, Community Development Director Michael Schubach, City Planner Bob Goldin, Project Manager, City of Hermosa Beach Diane Cleary, Recording Secretary Chairman Perrotti thanked the School District for the use of their Multi -Purpose Room and Michael Flaherty, Public Works Superintendent, for organizing the location of the meeting. He wished the public a Happy Thanksgiving. CONSENT CA1.,11,"NDAR Chairman Perrotti corrected the word "plantar" to read "planter" in the P paragraph from the bottom, page 2, of the October 16, 2001 Planning Commission minutes. MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE the October 16, 2001 Planning Commission minutes, as corrected. Hearing no objections, Chairman Perrotti so ordered. Commissioner Hoffman commented on Resolution P.C. 01-32 and noted that logos on the umbrellas will be directly underneath the permanently affixed logos on the awnings. Director Blumenfeld informed that the Building Code requires 7 feet minimum clearance from the bottom of an awning over a public way. In response to Commissioner Tucker, Director Blumenfeld said that the awnings fall under the historical nature of the building and were reviewed by the City's architectural historian. He also said that the issue of signing on the encroachment area is not addressed by the Sign Code. He also pointed out that the conditions occurring at the Bijou are the same across the street at Starbucks, where there are umbrellas with signage. Commissioner Hoffman pulled Resolution P.C. 01-32. MOTION by Commissioner Tucker, seconded by Commissioner Pizer, to APPROVE Resolutions P.C. 01-31, 01-33, 01-34 and 01-35. P.C. Minutes 11-20-01 AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None Resolution P.C. 0-32 — approving a Conditional Use Permit to allow outdoor seating in conjunction with a coffee house/snack shop at 1225 Hermosa Avenue. Commissioner Hoffman noted that he would not have approved this item had he been aware that the awnings would have the same logo and signage as the umbrellas. Director Blumenfeld explained that the Coffee Bean was issued a Certificate of Occupancy for everything exclusive of the outdoor dining area which had some outstanding conditions relative to the Public Works Department. He also said that since this is the final reading of the Resolution, the Planning Commission could continue it if it does not meet the intent of what was approved. He noted that he could get clarification from Public Works Department in the interim on the status of the encroachment permit related to the outdoor use. In response to Commissioner Tucker, Director Blumenfeld said that the applicant has received permit for the awnings over the public right-of-way. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to CONTINUE Resolution P.C. 01-32. AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None 5. Item(s) for consideration None. 6. ORAL/WRITTEN COMMIiNIC ATIONS Chairman Perrotti informed that a letter was received from Carol and Michael Fleisher expressing concern with the Heart of the City Project in Redondo Beach and requested that the City Council and staff review the project. In response to Commissioner Tucker, Director Blumenfeld explained that staff prepared a response to comment on the Draft EIR which pertains to access to the site, traffic circulation and parking issues. He said this was sent to the Redondo Beach's Planning Department. In response to Commissioner Tucker, Director Blumenfeld explained that the comments consisted of impacts to the southerly portion of Hermosa Beach by traffic, and to mitigate these impacts by 2 P.C. Minutes 11-20-01 either reducing the size of the project or reorienting it. There were further comments regarding visual impacts and the bike path, and the density proposed is far in excess of the surrounding area. Direction was given by the Commission that a letter be prepared and sent to City Council requesting that a representative from Hermosa Beach attend the public meetings regarding the Heart of the City Project. PUBLIC HEARINGS 7. VAR 01-3 — VARIANCE TO PARKING AND SETBACK REQUIREMENTS TO ALLOW A 750 SQUARE FOOT SECOND STORY ADDITION TO A DWELLING WITH ONE PARKING SPACE AND A LESS THAN THREE FOOT SIDE YARD SETBACK AT 55 5TH COURT (CONTINUED FROM OCTOBER 16, 2001 MEETING). Staff Recommended Action: To continue to December 5, 2001 meeting. Director Blumenfeld said that staff still has not received the boundary and topographical survey. Chairman Perrotti opened the public hearing. Chairman Perrotti closed the public hearing. In response to Commissioner Tucker, Director Blumenfeld said that if the applicant has not submitted the necessary information by the next meeting, the Commission could request that the project be re -noticed. MOTION by Commissioner Hoffman, seconded by Commissioner Pizer, to CONTINUE VAR 01-3 — Variance to parking and setback requirements to allow a 750 square foot second story addition to a dwelling with one parking space and a less than three `loot side yard setback at 55 5th Court. AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None 8. CON 01-14/PDP 01-17 — CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO.26483 FOR A TWO -UNIT CONDOMINIUM CONVERSION PROJECT AT 1015 & 101717TH STREET (CONTINUED FROM OCTOBER 16, 2001 MEETING). Staff Recommended Action: To continue to December 5, 2001 meeting. 3 P.C. Minutes 11-20-01 Director Blumenfeld said that the applicant has requested that this hearing be continued to the next regularly scheduled meeting, as the applicant's representative was not available to attend the meeting. In response to Commissioner Tucker, Director Blumenfeld informed that the applicant is required to meet the noise attenuation standards and also the applicant would have to bring the building up to all Building Code standards including the roofing. Chairman Perrotti opened the public hearing. Chairman Perrotti closed the public hearing. MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom to CONTINUE CON 01-14/PDP 01-1.7 ­ Conditional Use Permit, Precise Developnielit Plan and Vesting Tentative Parcel flap No. 26483 for a two-miit condominium conversion project at 1015 & 1017 17'h Street:, AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN:. None 9. PDP 01-10 — PLANNED DEVELOPMENT PLAN/PRECISE DEVELOPMENT PLAN NO. 01-10 AND FINAL ENVIRONMENTAL IMPACT REPORT, TO ALLOW TYCOM NETWORKS INC. TO INSTALL TWO UNDERGROUND FIBER OPTIC CABLES, EACH WITH SELF-CONTAINED POWER, ONTO THE CONTINENTAL SHELF AND LANDING AT TWO BEACH LOCATIONS WITHIN THE CITY OF HERMOSA BEACH (A NORTH LANDING AT LONGFELLOW AVENUE AND A SOUTH LANDING AT 2ND STREET) WITH UNDERGROUND CABLE CONNECTIONS LOCATED IN PUBLIC PROPERTY TO A CABLE STATION IN REDONDO BEACH. Staff Recommended Action: To continue to December 5, 2001 meeting. Director Blumenfeld gave a staff report and said that in addition to this hearing this evening, there will be another hearing at City Council. Tonight, the item is being introduced to the Planning Commission and will be continued to the next scheduled public hearing date of December 5, 2001, at which time the Commission will make a decision regarding the Precise Development Plan and a recommendation regarding approving or certifying the Environmental Impact Report. Once there is disposition from the Planning Commission, the matter will be considered by City Council in December when the related lease agreement for the project will also be considered. At that point, the project would be transmitted the Coastal Commission for Coastal Development Permit review and any other state or federal permit requirements. He said that TyCom's goal is to be operational by May 2002. Bob Goldin, Project Manager, indicated that the project is being introduced tonight with highlighting of the process and discussion of major issues. He clarified that no formal action is 4 P.C. Minutes 11-20-01 being requested tonight other than to continue this item to December 5, 2001 which at that time, a followup staff report will be provided and the Commission will be asked to take final action on the Environmental Impact Report, the PDP application and consistency of the lease with the City's General Plan. Also, Resolutions will be provided with Conditions of Approval as well as mitigation measures for the Commission's consideration. Following the Commission's action on December 5, 2001, the City Council will then consider the item. Manager Goldin explained that TyCom is considered a public utility under the FCC and approached the City of Hermosa Beach earlier this year about the possibility of landing a fiber optic cable system for the transmission of voice data and Internet traffic. TyCom submitted a Precise Development Plan and Planned Development Permit application to the City. TyCom did a survey of the favorable ocean topography in the area and found that it would be suitable for a cable landing. Hermosa Beach is also in the heart of the area to be served. Also, there are no other cables or improvements in the immediate area to interfere with the system. The City owns the beach and the tidelands so TyCom can deal directly with the City first, reducing the time to process the applications, and other cities in the area did not express interest in the project. He indicated that the PDP application was submitted in May and consisted of three segments consisting of an ocean segment, a beach segment and land segment. Manager Goldin further said that the City determined that the best way to analyze the environmental impacts of the project would be through the preparation of an EIR. The City hired Ecology and Environment Inc. to prepare the report looking at both the short-term impacts during construction as well as the long-term impacts to the cable system and also provide alternatives to the applicant's original proposal. The EIR would also recommend appropriate mitigation measures to ensure the impacts are addressed and reduced to a level of insignificance. At the next meeting, a final EM will be provided to consider certification of, including a mitigation monitoring program as well as response to comments received on the circulation of the draft EIR. In addition, because the landings and the cable system are proposed on City owned property, TyCom and the City are currently negotiating terms of a lease agreement that will require TyCom to compensate the City for the use of the land based in part on fair market value for the length of the project which is approximately 25 years. The terms of the lease agreement are still being finalized which should be provided by the next meeting. As determined by state law, the Commission will be asked on December 5, 2001 to determine whether the lease is consistent with the City's General Plan. The funds from the lease are proposed to be allocated for upgrades to beach -related improvements such as the three existing bathrooms on the beach and a new bathroom near the pier, offsetting some of the City's ongoing.maintenance cost for the beach, storm drains and pier, reimbursement of City costs for the review and inspection of the actual design and construction of the facilities, as well as requirements for TyCom's obligation for maintenance of the system. Manager Goldin said that one of the main objectives of the review process is to ensure that the environmental impacts are adequately addressed and making sure all of the City's concerns are accommodated. He said it has been a complex project dealing with the various issues, the multitude of jurisdictions and their competing interests but also making sure that the City's position is the priority. The City is sensitive to the use of the beach as well as concerns over timing of the project, aesthetics, methods of construction, noise, traffic impacts and proximity to residential as well as the general disruption of the City. He noted that the City has undertaken an extensive public P.C. Minutes 11-20-01 participation process, with all residents being notified initially about the proposal and preparation of an EIR. Also, all local, state and federal responsible agencies were notified along with all active groups and interested parties. He said that the first public meeting was held in July where public comments were solicited from about 25 people. The project was also taken for review before the City's Environmental Review Committee, the Public Works Commission and the Parks and Recreations Commission at their public hearings. The project has been advertised in the newspaper along with public notice postings. He also said there was a neighborhood meeting exclusively for the residents along The Strand in October where approximately 12 residents attended. He said that they have been responsive to public inquiries and the project has been revised accordingly to minimize impacts of concerns received. He noted that overall, support has been received from the majority of the community that has contacted them. He also indicated that he spoke to a resident at 322 The Strand who expressed concerns about the project. He said that the staff report and draft EIR provide further details on the project, impacts and alternatives proposed and considered. He said it is being recommended that TyCom use the direct burial approach as an alternative method to reduce the time and disruption on the beach. This could reduce the time on the beach from four to eight weeks to approximately five to seven days and could reduce the staging areas in half of what is originally proposed. He also said it will be staff s recommendation to utilize the Manhattan alignment over the Greenbelt alignment in that it would have fewer impacts during construction. Overall, the draft EIR has concluded that the environmental impacts will be short-term and through mitigation, can be reduced to a level of insignificance with the exception of air quality which may exceed the daily allowance for approximately two to four weeks during the installation of the ocean segment. Therefore, the City would have to adopt a statement of overriding considerations. He said that given the system will be totally underground, constructed in accordance with all applicable local, state and federal standards with all the environmental impacts reduced to a level of insignificance in accordance with CEQA with the exception of air quality, staff feels that the project is consistent with the City's General Plan, Zoning Code, draft local Coastal Plan as detailed in the staff report and EIR. If TyCom is successful in gaining City approval, they still must process a Coastal Development Permit for the Coastal Commission who may impose different criteria. He noted that staff and TyCom have been working with the Coastal Commission staff and if successful and prior to any construction, TyCom will have to secure all required permits and approvals and all designs will require review and approval by the City. Chris Brungardt, Project Manager, Brungardt Honomichl & Company, explained that TyCom is a telecommunication company who started out as a division of AT&T and are now their own company. They are pioneers in the under sea marine cable installation and have their own fleet of ships. He said that the project involves installation of two segments of a submarine fiber optic cable system off the coast of California which will be part of the TyCom's Transpacific ring cable system. He said that the ring system and separation of fiber optic cable landings provide for additional protection should one cable be cut. He also explained that the original proposal of steel conduits will not be used and the direct land alternative will be used which will reduce the staging area by 100 feet and the time on the beach would only be five to seven days. He also said that the ocean ground beds have been moved out to 100 feet. He further reviewed the landing sites and the 6 P.C. Minutes 11-20-01 shore -end segment, the installation of the ocean ground beds and the process of the construction. He reviewed the work hours from 8 a.m. to dusk five days a week. He noted that the top foot of sand will be stockpiled separately from the rest of operation. He said that trenching operations should take approximately four weeks, achieving approximately 300 feet per day. He said that disruption will be kept to a minimum with proper traffic control and other measures being initialized. Upon completion of the project, there would no noise, light or vibration impacts. In response to Commissioner Tucker, Director Blumenfeld said that a route has not been decided. In response to Commissioner Tucker, Mr. Brungardt informed that the life expectancy of the project is 25 years. In response to Commissioner Kersenboom, Mr. Brungardt said that after 25 years, applications to remove the facility would occur with determinations being made at that time. In response to Commissioner Tucker, Director Blumenfeld said that the Commission would not be involved with the terms of the lease, but will make a determination about its consistency with the provisions of the General Plan. He also informed with respect to retirement of the system, the City has expressed interest in its removal at the end of the term of the lease. In response to Commissioner Tucker, Mr. Brungardt explained that the direct burial cable going across the sand would be approximately 9 feet deep. In response to Commissioner Tucker, Director Blumenfeld said that there could be a problem with emissions from the vessels which may require a statement of overriding considerations with respect to the EIR. He said that this should be addressed through the lease terms. Manager Goldin informed that any compensation for air quality emissions would go directly to the South Coast Air Quality Management District to offset impacts from the emissions. Director Blumenfeld pointed out that it would be the responsibility of the applicant to address all mitigations. In response to Commissioner Hoffman, Mr. Brungardt stated that due to the complexity of the project, the timing is crucial and staying on schedule is imperative. He also said that they are certain that they can be available and prepared to install by May. He stated that they do not want to agree with a summer lockout, as they want the City to make this decision and to dictate this to them. In response to Commissioner Hoffman, Director Blumenfeld explained that the revenues are some mitigations that are charged as improvement to the beach and other sources of the funds would not necessarily go to beach improvements. In response to Commissioner Hoffman, Mr. Brungardt stated he was unsure as to why the City of Los Angeles rejected the project. He also said that that there would be no loss of sand along the route where the trenching occurs. 7 P.C. Minutes 11-20-01 Commissioner Pizer clarified that the beach section would take seven days, however, the street and land sections would take 30 days. In response to Commissioner Pizer, Mr. Brungardt said that the steel conduits proposal would have allowed future cable without further trenching. In response to Chairman Perrotti, Manager Goldin noted that hours ending at dusk would be as the sun hits the horizon. Chairman Perrotti believed that "sunset" would be a more appropriate term rather than "dusk." In response to Commissioner Tucker, Manager Goldin informed that the hours of operations from 8 a.m. to sunset during the week would be only for the beach segment of the project to minimize the impacts on the beach to the residents directly affected. The City can allow longer and less restrictive hours for the street sections. In response to Cliairn an Perrotti, Mr. Brungardt explained that they want to maintain the integrity of the ring systein by not Having both cables arriving at 2...11 Street. He said that a storm event, Landslides and human error are the main causes of cable failures. He also informed that if both the cables were installed on 2nd Street, both would be in one trench and on the opposite sides of the street. In response to Commissioner Tucker, Mr. Brungardt said the trench down Manhattan Avenue would be 42 to 48 inches deep and 1 foot wide. In response to Commissioner Kersenboom, Director Blumenfeld explained that the Public Works Department was not in favor of using the Greenbelt. Manager Goldin said that there are a number of utilities existing in the Greenbelt, and also direct access for construction would not be allowed except for via the intersection. Also, the Parks and Recreation Commission and Public Works Commission were not in favor of tying up the Greenbelt for up to four weeks, restricting the use of the community. The advantage of Manhattan Avenue is that there are less utilities with no impact to pedestrians and traffic flow can continue, maintaining two-way circulation. In response to Commissioner Pizer, Director Goldin said that he will provide information on a consolidated map of underground utilities. Mr. Brungardt noted that their design drawings are detailed and provide a good source of information. In response to Commissioner Kersenboom, Mr. Brungardt explained that the trenching along Manhattan Avenue will be done per Public Works specifications with a sand seal over the top. P.C. Minutes 11-20-01 In response to Chairman Perrotti, Director Blumenfeld said that ultimately, it will be up to Public Works to establish the extent of the improvements, wherever the street is cut and needs to be repaired or resurfaced. In response to Commissioner Kersenboom, Manager Goldin said that they are coordinating with Public Works regarding the improvements on Manhattan Avenue. He said one option being considered is going down Hermosa Avenue to 2 "" Street and then cutting up to Manhattan. Avenue to avoid the improvements in that section. Commissioner Tucker hoped to see a bond for settling on the street which occurs generally 18 to 24 months after the trenching is completed. In response to Commissioner Hoffman, Mr. Brungardt said that the terrestrial work would start three weeks ahead of the beach work, which should occur sometime in May. In response to Commissioner Hoffman, Mr. Brungardt said that they will do biological surveys to determine if there are any impacts to fish and game which will be addressed in the EIR. Manager Goldin also said that the City received a letter from the State Fish and Game regarding any impacts. Commissioner Hoffman expressed concern with the project carrying over through the summer season. Director Blumenfeld said that the Coastal Commission is a permitting agency and has a special concern with work occurring during the summer months. Chairman Perrotti opened the public hearing. Jim Scott and Phil Trusion spoke on the project. Chairman Perrotti closed the public hearing. Commissioner Tucker said that the City has spent a lot of money to publically notice this project and it will greatly impact the City. He expressed disappointment with the public turnout and hoped to see more public on December 5, 2001. He further expressed concern with activities on the beach and timing. Commissioner Hoffman questioned the cost/benefit to the City. In response to Commissioner Pizer, Mr. Brungardt said that there are two separate conduits in the ring system going from Herondo to the cable station, maintaining the integrity of the ring. Chairman Perrotti expressed concern with having two separate landings, one at Longfellow Avenue and the other at 2" d Street. MOTION by Commissioner Hoffman, seconded by Commissioner Kersenboom, to CONTINUE PDP 01-10 — Planned Development Plan/Precise Development Plan No. 01-10 and Final 9 P.C. Minutes 11-20-01 Environmental Impact Report, to allow TyCom Networks Inc. to install two underground fiber optic cables, each with self-contained power, onto the continental shelf and landing at two beach locations within the City of Hermosa Beach (a north landing at Longfellow Avenue and a south landing at 2" d Street) with underground cable connections located in public property to a cable station in Redondo Beach. AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None The Commission took a break at 8:24 p.m. The Commission reconvened at 8:37 p.m. 10. CON 01-16/PDP 01-18 — CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP NO.26490 FOR A TWO -UNIT CONDOMINIUM AT 415 HOPKINS AVENUE. Staff Recommended Action: To approve said request. City Planner Schubach gave a staff report and reviewed the project and noted the lot coverage is only at 35 percent and has large open space areas at over 1,000 square feet for each of the two units and do meet the requirement of access directly off the primary living area. Also, there is a large ground open space as well. He said the lot is a convex curve which rapidly rises and then levels off. Based on the convex slope, the height of the buildings are below the 30' maximum height. He noted that the landscaping meets all requirements including the two 36" box trees. In response to Commissioner Tucker, City Planner Schubach explained that the lot is a convex slope since it rises more rapidly in the front and then levels off. In response to Commissioner Tucker, Director Blumenfeld said that it appears the convex condition reflects unaltered grade. He also said that the neighboring lots have a similar grade. He further explained the calculation for the height of the wall. Chairman Perrotti opened the public hearing. Fran Uralman, representing the applicant, stated that the project conforms and exceeds all standards. She said that these are two beautiful single family homes and would be an excellent addition to the neighborhood and City. She also said that the applicant agrees to all conditions. Mr. Obelisk, architect for the project, said that the wall would be finished at grade. He also said that they will be providing a new wall further onto the property line. He further said that there will be a sump pump in the back. 10 P.C. Minutes 11-20-01 In response to Commissioner Tucker-, Director Blumenfeld informed that there would potentially be adequate turning radius to get a car around the guest stall. Chairman Perrotti closed the public hearing. Commissioner Hoffman pointed out that the development is sensitive to the neighborhood concerning setbacks and the amount of open space proposed. In response to Chairman Perrotti, Director Blumenfeld said that part of the Commission's approval this evening should include a finding that the project complies with the requirement for determination of the slope being convex. Chairman Perrotti expressed approval with the size of the lot, setbacks and low coverage. Commissioner Tucker believed that the lot is not a convex slope. MOTION by Commissioner Hoffinan, seconded by Chairman Perrotti, to APPROVE CON 01- 16/PDP 01-18 — Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 26490 for a two -unit condominium at 415 Hopkins Avenue, with the finding that the project conforms to the maximal allowable height using a convex slope determination, and that the front unit downstairs bath be a 3/4 bath only. AYES: Hoffman, Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: None ABSTAIN: None 11. CON 01-17 — CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN AMENDMENTS FOR MODIFICATIONS TO BUILDING EXTERIOR OF TWO -UNIT CONDOMINIUM AT 813 & 817 MONTEREY BOULEVARD. Staff Recommended Action: To approve said request. Commissioner Hoffman recused himself at 8:55 p.m. Director Blumenfeld gave a staff report and stated that the developer of the project notified the City of the changes that occurred to the exterior facade and submitted revised exterior elevations after their completion. Upon review of these changes, the Community Development Director determined that the changes were significant and could not be considered minor. Staff believes, however, that the changes are comparable to the original approved plan. In response to Commissioner Tucker, Director Blumenfeld said that there were some structural modifications to accommodate the change from a roof to a deck area. Chairman Perrotti opened the public hearing. 11 P.C. Minutes 11-20-01 Kim Komick stated that the floor structure did not change and that the City was notified. She noted that the building looks better than it did before. Chairman Perrotti closed the public hearing. Commissioner Tucker agreed that the project looks better than the original plan. In response to Chairman Perrotti, Director Blumenfeld said that staff received a plan when the structure was modified which was approved by Building. However, the way the Conditional Use Permits reads, any major modifications have to be approved by Commission. Commissioner Pizer also agreed that the project looks better now than it did before. MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE BY MINUTE ORDER CON 01-17 — Conditional Use Permit and Precise Development Plan amendments for modifications to building exterior of two -unit condominium at 813 & 817 Monterey Boulevard. AYES: Pizer, Tucker, Kersenboom, Chairman Perrotti NOES: None ABSENT: Hoffman ABSTAIN: None Commissioner Hoffman returned to the dais at 9:01 p.m. 12. CON 01-18 — CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN AMENDMENTS FOR MODIFICATIONS TO BUILDING EXTERIOR OF THREE -UNIT CONDOMINIUM AT 1419 MONTEREY BOULEVARD. Staff Recommended Action: To approve said request. City Planner Schubach gave a staff report and said that the applicant has proposed to use bands and window trim plant-ons to replace the riglets. In response to Commissioner Pizer, Director Blumenfeld said that the architectural treatment has not been done. In response to Commissioner Tucker, City Planner Schubach said there would be banding around the windows just above the garage with some plant-ons around the round window. In response to Commissioner Tucker, Director Blumenfeld said that there would be a shadow line, since there is dimension to the plant -on which would give some relief on the building, which would be opposite to the cut -in riglet. Chairman Perrotti opened the public hearing. 12 P.C. Minutes 11-20-01 David Raider, architect, said that this approach to the architecture would present relief to the facade, and the horizontal effect of bands draws around the building. In response to Commissioner Tucker, Mr. Raider said that the balcony has a lot of articulation on the east elevation and the focus would be around the windows. Chairman Perrotti closed the public hearing. Commissioner Pizer believed that this proposal would be a better solution than the original. Commissioner Tucker believed that the plant-ons around the windows and the belly -band should be two different styles. Commissioner Kersenboom suggested using a different color. MOTION by Commissioner Pizer, seconded by Chairman Perrotti, to APPROVE BY MINUTE ORDER CON 01-18 — Conditional Use Permit and Precise Development Plan amendments for modifications to building exterior of three -unit condominium at 1419 Monterey Boulevard. AYES: Pizer, Kersenboom, Chairman Perrotti NOES: Hoffman, Tucker ABSENT: None ABSTAIN: None 1IEA.III:NGS 13. CON 01-2/PDP 01-2 — APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION REGARDING MINOR MODIFICATION TO A TWO -UNIT CONDOMINIUM PLAN AT 222 & 226 6TH STREET. Staff Recommended Action: To approve said request. Director Blumenfeld gave a staff report and stated that this is a request that the Commission consider a proposal to add a balcony on the second floor of the rear unit located adjacent to a living room area, taking advantage of ocean views and providing additional relief to the building. Staff felt that the change would be consistent with the building architecture, but because it was a major exterior change, it was referred back to Commission. In response to Commissioner Tucker, Director Blumenfeld said that the work has not been completed. Chairman Perrotti opened the public hearing. Fran Uralman, representing the applicant, said that the change is a benefit to the building with no impacts to the neighbors. She requested approval of the proposed modification. 13 P.C. Minutes 11-20-01 Chairman Perrotti closed the public hearing. Commissioner Pizer expressed approval of the modification which looks better. Commissioner Tucker said that he will vote no on this request for consistency purposes, since he never liked the elevation on the east side. Chairman Perrotti stated that he likes the decks and windows with two large windows rather than four small windows. He also said he likes the french doors that replace the windows. MOTION by Commissioner Hoffman, seconded by Commissioner Kersenboom, to APPROVE BY MINUTE ORDER CON 01-2/PDP 01-2 — Appeal of Community Development Director's decision regarding minor modification to a two -unit condominium plan at 222 & 226 6th Street. AYES: Hoffman, Pizer, Kersenboom, Chairman Perrotti NOES: Tucker ABSENT: None ABSTAIN: None 14. TEXT 01-7 — SIGN ORDINANCE STUDY ON CURRENT PROHIBITION OF SIDEWALK SIGNS (CONTINUED FROM SEPTEMBER 18 AND OCTOBER 16, 2001 MEETINGS). Staff Recommended Action: To direct staff as deemed appropriate. Director Blumenfeld gave a staff report and said that the issue before Commission involves consideration as to whether signs for private businesses could be placed on public property for advertising purposes. He said a business owner originally wrote the City requesting that the Sign Code be changed to permit one sidewalk sign per business and to place limitations on the size and placement of the signs to avoid obstructing pedestrians. The business under this proposal would need to assume liability for these signs in a public right-of-way. Currently, both the Sign Code and Municipal Code prohibit placing signs which encroach into the public right-of-way and the Codes would have to be amended if the proposed change were approved. The Sign Code prohibits mobile signs including portable signs, A -frame signs or sidewalk signs. The regulations intend to protect the City from liability of obstructions on the sidewalk and also to minimize the amount of signage on a business for aesthetic reasons. He noted that most cities have similar regulations about signs in a public right-of-way except for menu board signs which are sometimes allowed in downtown districts. He pointed out that the Sign Code already allows a certain amount of signage which is meant to address pedestrian orientation. He also said that awnings could be installed which could act as an identification information for the business. He further said that staff feels that it is arguable that the level of pedestrian signage is adequate given the provisions of the Sign Code. He said that a business has an opportunity to install a wall sign or monument sign as well. He also said that there is ample opportunity to install a window sign and the City's Sign Code is not overly restrictive. It is also arguable that if every business were to install a sidewalk sign, it would be virtually impossible to ensure pedestrian access. He said 14 P.C. Minutes 11-20-01 that staff is looking for direction from Commission as to whether or not A -frame or sidewalk signs are to be permitted. In response to Commissioner Pizer, Director Blumenfeld said that other cities may allow menu boards but these are not allowed in Hermosa Beach. In response to Chairman Perrotti, Director Blumenfeld noted that it is possible to have different sign provisions for different areas of the City and the Sign Code reflects a geographic area for the Cl, C2 and C3 zones. Chairman Perrotti opened the public hearing. Emily Baum, Emily's Piano Studio, requested the possibility of the use of signs in downtown for the businesses. She said that they have had meetings with local business members with studies to verify that signs are compatible. She said that the businesses need the signs which will help their success. She presented a picture and list of business owners. Ron Newman supports the small businesses in Hermosa Beach. He said that there are a lot of tourist businesses in Hermosa Beach and the signs are needed. He also said that he took pictures up and down the coast of various cities. He suggested setting standards in the City with a simple way of over-the-counter approval of custom signs. He presented pictures of signs to the Commission. Edward , said that the signs have been tested and work very well and the message on the signs s would attract customers. He also said that the signs help the retail in Hermosa Beach. He indicated that safety would not be a factor. He also believed that if signs are not allowed, it would be discriminatory. He also informed that at their meetings, it was suggested that a nice looking sign would be appropriate and that the owner could apply for a permit. Bill Robb, Treasure Chest, indicated that retail is tough and seasonal and all the help they can get is needed. He said that the Plaza directs customers to walk down the center of the street close to the businesses. He said that a portable sign gives customers direction into his business. He stated that he would agree with an annual feel for insurance, permits, etc. He also agreed with maintaining an appropriate pedestrian egress, and a size limit for a sign is deemed appropriate. He also said that standardization should be limited to allow each business to express itself. He stated that safety is necessary. Ron Newman stated that at their meetings, they discussed the size of the sign being possibly 6 feet, and also fees for insurance were discussed. He also said that a regular standard size sign would be appropriate and said that they could come up with some further guidelines. Emily Baum further said that at their meetings, they discussed a plan which would allow the signs to be similar in a certain size and not create a hazard for the pedestrians. Also, applying for a permit could be a possibility. She said that freedom of expression and attracting customers was discussed. Bill Robb suggested that a sign be 6 square feet if there is enough space and room for pedestrians. 15 P.C. Minutes 11-20-01 Chairman Perrotti closed the public hearing. Commissioner Hoffinan expressed concern with aesthetic issues and too much signage could be less attractive for the City with a smaller potential customer population. He said that a legal liability would not be an issue, and the Economic Development Review Committee may be coming up with some recommendations addressing specifically the commercial districts in the City which may include this signage issue. Commissioner Pizer believed that there should be further investigation and study on this issue. He expressed concern with aesthetics and all business having the opportunity to be equal. He said that an encroachment permit with an annual fee, insurance and standards for the sign support and maximum sign size would be needed. Commissioner Kersenboom agreed and said that a sign permit, size requirement, design review, type of material, etc., are necessary and perhaps a trial period could be examined. Commissioner Tucker said that the Plaza design originally had some kiosks and thought they may be intended for use for some of the isolated businesses. He said that there are some areas on Hermosa Avenue that are not very wide. He pointed out that most of the cities that he visited on his tour up and down the coast had no signboards on the streets. Chairman Perrotti expressed concern with liability with signs on a public right-of-way and suggested that liability insurance may be needed. He suggested that a pilot program be adopted for a limited period of time with definite requirements in place such as a permitting process and sign review. He concurred that a lot of cities do not allow these signs at all and they may not be the best thing for the City as a whole. He also expressed disapproval with having the signs out on Friday, Saturday and Sunday only. In response to Chairman Perrotti, Director Blumenfeld informed that the Economic Development Review Committee is preparing a report which is intended to be presented to the City Council in December dealing with a number of issues, and this sign issue could fit within a regulatory recommendation. Ron Newman said that the Committee discussed looking at different types of signs. He pointed out that if there were a sign approval, it does not mean every business would have a sign. He also questioned liability with newsracks, mailboxes, planters, etc. In response to Mr. Newman, Director Blumenfeld informed that the City receives trip and fall lawsuits. Mr. Newman also said that on Hermosa Avenue, signs are against the building. He also noted that many other cities have a strong marketing tourist attraction, and Hermosa Beach is very weak on their marketing. He believed that a decision should be delayed until a final plan is submitted. He also pointed out that the City needs all the tax revenue possible. 16 P.C. Minutes 11-20-01 Commissioner Pizer believed that the business owners should sit down and get a standard base, coming up with a tasteful sign to present to the Commission. MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to APPROVE a one-year trial period to allow sidewalk signs 18 inches wide by 30 inches high, no higher than 5 feet on black metal, and require a permit form with insurance. Director Blumenfeld pointed out that the Zoning Code would have to be amended, and the prohibition would have to be eliminated. AMENDED MOTION by Commissioner Tucker, seconded by Commissioner Kersenboom, to DIRECT staff to come back with draft regulations to allow sidewalk signs 18 inches wide by 30 inches high, no higher than 5 feet on black metal, and require a permit form with insurance. AYES: Pizer, Tucker, Kersenboom NOES: Hoffman, Perrotti ABSENT: None ABSTAIN: None 15. STAFF ITEMS a. Interpretation of small lot exception for the property located 3220 The Strand. Director Blumenfeld gave a staff report and said staff is requesting that the Commission consider the conditions relative to this property with respect to the following, and apply the small lot open space exception to the property: • The requirement to provide two front yards due to the location of the property. • The requirement to provide a 10' of setback on the Strand side of the site due to the R-1 minimum open space standard. The overall lot size relative to these issues. He said that the architect was given some misinformation which resulted in the preparation of plans that currently don't contain the 8.38' front yard setback requirement. The staff planner mistakenly assumed that since the building was situated on an alley, the alley setback requirement applied. However, it does not apply since the Code expressly defines dual front yard requirements for the property. The subject lot is approximately 183 square feet over the 2,310 square foot small lot open space exception but would comply with the exception requirements if the double front yard and 10' setback off the Strand were omitted out from calculation of the lot size. These requirements are unusually restrictive for development of the lot. Thus, staff is requesting that the Commission determine that the project conforms to Section 17.08.030L(1) (the small lot exception) based upon one of the following criteria for approval: • It achieves a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood, • It allows design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures; 17 P.C. Minutes 11-20-01 It allows an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone; It addresses unusual lot configurations or topography, as compared with surrounding lot and development patterns. In response to Commissioner Kersenboom, Director Blumenfeld explained that in this particular section of Hermosa Avenue, there is a service road fronting the properties. He believed that the original policy may have been predicated in wanting to make it appear that the buildings actually have frontage on Hermosa Avenue. However, this becomes a major development restriction on some of the lots that are not particularly large, such as the one under consideration. If the Commission found the project qualified as a small lot, it would still be required to maintain the minimum front yard standard and appearance of the property from the street, but they could take advantage of the exception relative to open space in a more flexible and less restrictive manner. In response to Commissioner Hoffman, Director Blumenfeld explained that the garage setback is 3, 9 or 17 on an alley which is different from the building line setback. The front yard would be measured from the property line at 8.3' back from the property line on the building line for the structure above. He also said that there are 14 other affected properties, so a variance would not be appropriate. He suggested that the Zoning Ordinance could be amended. In response to Commissioner Tucker, Director Blumenfeld said that a nearby new home lot is larger and is not of similar size. He also said that this project is well into the plan review process and consideration is needed in respect to the property. Chairman Perrotti informed that he could find for one of the four criteria and that the project conforms to the small lot exception. The Commission AGREED BY MINUTE ORDER that the subject property meets the small lot exception as it achieves a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood per Section 17.08.030L(1) and that staff investigate amending the Zoning Ordinance to resolve the problem for similarly affected lots. b. Memorandum regarding steps encroaching into required front yards, and trellises over required open space. C. Planning Commission and Public Works Commission workshop on Wednesday, February 27, 2002 at 7:00 p.m. d. Memorandum for requested information regarding restricted parking at Alfredo's Restaurant/Wells Fargo ATM at 1031 Hermosa Avenue. e. Tentative future Planning Commission agenda. f. Community Development Department Activity Report of September 2001. 18 P.C. Minutes 11-20-01 In response to Chairman Perrotti, Director Blumenfeld explained the drop in fees collected from last year for Parks & Rec. and Building Permits. He said there was a huge Building Permit for the Hampton Inn project last year, and he also said that the construction activity is starting to taper. In response to Chairman Perrotti, Director Blumenfeld explained that the CUP's for condominiums have already been approved on the Activity Report. g. City Council minutes of September 24 and 25, October 9 and 23, 2001. 17. COMMISSIONER ITEMS In response to Commissioner Tucker, Director Blumenfeld said that the cell site at St. Cross Episcopal Church is starting up again, and the project was submitted prior to the adoption of the City's new wireless communication ordinance. He explained that the cell site was approved under the original Ordinance which defines satellite dishes and other similar equipment as an accessory use. Because it is an accessory use, it is allowed in any zone. Because of this provision, the applicant applied for a permit under the provisions solely for screening and obtained a building permit on that basis. He also said that the project is part of a larger property which has more than adequate parking on the site. He indicated that the applicant has submitted a revised plan that will screen the project from view. He also informed that a weather head is allowed, even if there is below grade service, as is done in the City's undergrounding districts. 18. ADJOURNMENT MOTION by Chairman Perrotti, seconded by Commissioner Kersenboom to ADJOURN the meeting at 10:40 p.m. No objections, so ordered. CERTIFICATION I hereby certify that the foregoing minutes are a true and complete record of the action taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of November 20, 2001. 11 I "-tlt ,/tI,, Sam Perrotti, Chairman Date Sol Blu.I e f l , Secretary 19 P.C. Minutes 11-20-01