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HomeMy WebLinkAboutPC Minutes 1977_07_11' MINUTES OF THE REGULAR MEETING OF THE PL.ANNING COI\®JIISSION HELD IN CITY COUNCIL CHMJIBERS, CITY HALL, HERM:OSA BEACH, ON MONDAY, JULY 11, 1977, AT 7:30 P.M. Meeting called to order at 7:32 p.m. by Vice Chairman Fritz ROLL CALL Present: Comm. Fritz, Isgreen, Bishop, Peirce, Sc -hubert, Chmn. Rosenberger (arrived late) Absent: Comm. Loosli Also Present: Rod Merl, Planning Director; Ed King; Ed Putz, City Engineer APPROVAL OF lvfINUTES Motion by Comm. Schubert, seconded by Comm. Peirce, to approve the minutes of the June 27, 1977, meeting as corrected: Page 4, line 1: Page 6, para 6: '' ... ( but agrees ... ) '' Federal Aid Urban monies .Ayes: Noes: Comm. Fritz, Isgreen, Bishop, Peirce, Schubert l~one Absent: Comm. Loosli, Chmn. Rosenberger ELECTION OF OFFICERS Motion by Comm. Schubert to continue the election of meeting due to the long agenda, and to await the new 1200 HERMOSA AVENUE -SHENANIGAN'S officers to the next regular appointments. So ordered. Request for revised and consolidated conditional use permit for a restaurant serving alcoholic beverages and providing live entertainment. Mr. Merl briefly reviewed the materials provided for consideration, on reference from City Council, of a new conditional use permit (CUP) to supplant the existing three CUP's for the business. Public hearing opened 7:39 p.m . • Robert E. Courtney, 120 Fisherman's Vvharf, Redondo Beach, attorney for the applicant, said the 12 conditions in the April 26th memo were generally agreed upon, and items 1-7 of the preliminary environmental impact report represent the items to be discussed tonight. He said the biggest problem remains the noise level within the building which has disturbed the residents and the sound studio upstairs. He said Rapco Foamers, upon request of the owners of the soillld studio, had submitted a report and estimate regarding soundproofing of the ceiling at a cost of $2090 which would provide up to 50% more soundproofing, and they are willing to go through this process. He said other estimates were in the $20,000 bracket. He asked whether the city can or should impose conditions on the tenants within a building when the community at large is not complaining, when in fact it is people within the building who are complaining. • In regard to item 7, preliminary environmental impact report, :Mr. Courtney said the success of the business has resulted from the reputation established because they have the amplified music. He said all other problems, including the trash situation, are now under control. He said the hours of entertainment are from 9 p.m. to 1:45 a.m. and they intend to abide by them; also they have set aside space , . ' ' • PLANNING COMMISSION MINUTES -July 11, ]977 page 2 for a sound booth and intend to have equipment and a sound technician sometime in the future. He said apparently the musicians do come in and rehearse and test sound equipment. Comm. Peirce suggested setting a length of time for the set-up procedure. Comm. Bishop asked if air conditioning and exhaust units will be, or have been, installed. I\tfr. Raymond replied that they have installed some and are putting in others. Mr. Courtney said he is sure they meet all fire and building regulations. Vice Chairman Fritz asked if staff has any knowledge of building permits for modification of ventilation. Mr. Ivierl said no, that would not come through the Planning Department. Vice Chairman Fritz noted that they have advertised that the menu has been expanded but last Thursday the kitchen was not open. lvtr. Courtney said Mr. Raymond has been ill for over a week, resulting in problems which have since been rectified. Vice Chairman Fritz asked if it is to be the Commission's understanding that soundproof- ing of . the ceiling will be undertaken willingly by Mr. Courtney's client. lvir. Courtney said absolutely. Jack Dwosh, attorney, said he is not retained by Media Arts, but is associated there. He said he believes the city has a right to impose conditions on conduct of individuals when they invade right of ther people; that this does not hinge on 11edia Arts as a studio as the noise generated also interferes with thinking, read- ing, eating or sleeping; and he feels the city has a right to control that kind of conduct. He said the success of Shenanigan's is not a basic factor, but what is equitable. Regarding the controversy of who was in first, he said Charles recalled that a portion if not all of the construction (of the studio) was completed at the time the amplified music was becun. He said a restaurant was there; the sound studio checked the conditional use permits and determined that the business would not interfere with their type of business; and it was afterward when another kind of business, and one that the Planning Commission has already determined is in 'violation of the conditional use permit's, began. He said the soundproofing in the studio is not mobile; they do nothing that interferes with other peoples' enjoyment regardless of how many ho11rs they operate. 1vfr. Dwosh said the request for the soundproofing people to come and look at the ceiling was an effort on the part of Media Arts to accommodate; they are not asking to force soundproofing on Shananigan's; ideally they would like the noise level described in terms of dba rather than in specific projects. He suggested that the city determine that 60 dba is acc ,eptable outside on the street; said he was concerned about the ward-up time and playing at odd hours; and even in the proposed hours of entertainment, the amount of noise now being generated cuts seriously into the business. Vice Chairman Fritz said it is the Commission's job to enforce the conditions. Comm. Peirce said the Commission is concerned about the health, safty and welfare of the people in the building. Vice Chairman Fritz asked if ·the report from the insulation firm satisfies their desire for a sound buffer between the two businesses; and it doesn't sound like the contractor is going to guarantee reduction of noise. Comm. Peirce said sound is usually discussed in terms of decibels rather than percentages; BO% is J dba and he questions whether that· is really soundproofing. Mr. Dwosh said he does not want the situation of Rapco Foamers being considered an agent who will satisfy his client with this particular procedure. PLANNING COfuiMISSION MINUTES -July 11, 1977 page 3 David Tarling, co-owner of Media Arts studios, brought several samples of sound- proofing materials but said foam is just part of the solution; he had a list of measures that should be taken including fiberglass on the ceiling and decoupling of the speakers. He said the hours proposed for Shenaniganrs are also the favorite hours of musicians and they have been very much restricted; they have lost customers who will not record while Shenanigan's is going. He urged a review within a reasonable time after the work is to be · done. Richard Greer, employed by Upjohn Company, makers of urethane foam, said urea formal- dehyde foam is a heat-insulating material; it is open-celled, absorbs moisture, and ' deteriorates rapidly; it requires a 15 or 20 minute fire barrier on the surface, and he feels the Planning Commission should refer this to the Fire Department. He said it has been used in Europe in closed ducts, and stands up well when not exposed. Public hearing closed 8:36 p.m. Motion by Corrnn. Schubert, seconded by Comm. Peirce, to approve. a conditional use permit for Shenanigan rs, 1200 Hermos.a Avenue, with conditions as follows: 1. 2. Full food service, cons.isting of a menu offering at least five hot entres, be available from 5 p.m. to 10 p.m. Provision of a free-standing permanent interior wall in front of the external entrance to act as a baffle for sound. This must be approved by the Building and Fire Departments f ,or structural integrity and proper exiting dimensions. 3. Electronically amplified musical entertainment shall be limited to the hours of 9 p.rn. to 1:45 a.m. daily. Noise-generating setup time is limited to 15 minutes daily; 4. Non-amplified musical entertainment is permissible from 11 a.m. to 1:45 a.m. daily (it is understood that this means non-electronic musical instruments, and that it does not prohibit use of a microphone) 5. Trash disposal must be in accordance with the provisions of the sanitation, refuse and garbage ordinance. Trash bins must be kept from overflowing and must be cleaned internally every two months. 6. No bottles or cans to go; operator of the business must police the sidewalks which are directly adjacent to the business for litter and maintain in a clean and orderly manner on a daily basis. 7. No off-sale alcoholic beverages allowed. 8. Maximum permissible occupancy must be clearly posted at all times and may not be exceeded at any time. If the Police and/or F.ire Departments determine that the maximum permissible occupancy of the building is being violated they may cite the business and initiate a conditiona.l use permit revocation. 9. If the Police Chief determines that a police problem exists in relationship to this business he may require t -hat the business provide a doorman. 10. The,re will be a three ( 3) month review by the Planning Commission to determine compliance with these conditions. If the Planning Commission finds that non-compliance exists it will initiate a conditional use permit revocation. 11. The outer doors are : to be closed at all times ·when electronicallv-amnlified musical entertainment is occurring . .Ayes: Noes: Absent: Comm. Bishop, Isgreen, Peirce, Schubert, Vice Chairman Fritz None Comm. Loosli, Chmn. Rosenberger , PLANNING CO:Miv1ISSION MINUTES -July 11, 1977 page 4 Motion by Comm. Schubert, seconded by Comm. Peirce, to adopt Resolution P.C. 77-34 approving a conditional use permit for Shenanigan's, 1200 Hermosa Avenue, subject to the 11 conditions as listed in the motion above. The Planning Commission held public hearing on the conditional use permit application of Shenaniganrs and the only i tern which brought aey comment was: the noise level inside the building. The Commission considered food service, trash, off-sale liquor, occupancy, police problems, and a free-standing interior wall. The Commission anticipates a three- month report from both Shenanigan's and Media .Arts as to their investigation of satisfactory soundproofing and consideration of conditions causing emission of not more than 60 dba outside of the restaurant as a goal, and that these would be hopefully accompanied by actual readings taken during hours of operation, done in c,ooperation with city staff. Ayes: Noes= Absent: Comm. Bishop, Isgreen, Peirce, Schubert, Vice Chairman Fritz None Comm. Loosli, Chmn. Rosenberger Vice Chairman Fritz said the conditional use permit has been approved, it supercedes all previous conditional ·use permits, they are now operating under this con.di tional use permit · subject to the ten-day appeal period, and the applicant adknowledged this fact. 17 36 LOlviA DRIVE Request by St. Cross Beach 1v1inistry Projects for a conditional use permit for the operation of a foster home and extension of the 1736 House Crisis Services. Mr. Merl reviewed the proposed project and said the conditions recommended are those established on a previously approved facility at 186 Second Street. Public hearing opened 9:53 p.m. Jane Turner, 1520 Manhattan Avenue, Member of the Board, said this project is to extend services available at 1736 House, as a temporary residence for people leaving home with parental consent as an interim place while completing education, job training, etc., but will not handle crisis cases. She said it would have professional staff and be under the aegis of 1736 House; and police and parents are notified whenever a juvenile arrives to stay overnight. She said the duplex will have mixed use since the upstairs is occupied by a renter, but that he is contented with the shift in use. She said she believes the young people staying there will not have cars, staff and visitors will use the church parking lot, and the people upstairs still have their parking space. A spokesman from the audience said there are many people present who speak in favor of the proposal and feel the service is desperately needed. John Newhart, 1728 Monterey, said he lives closest to the house, has no connection with it, and finds that in its years of operation he has experienced no inconvenience, no problems, and there have been no public disturbances. Jane Bishop, 1654 Loma Drive, objected to the use in a residential neighborhood, and to the increase in density. William Cole, owner, 1846-48 Loma Drive, said they do not cause any trouble, but he objects to the expansion into a residential area and to the anticipated increase in traffic congestion and parking problems on the ·street. He said it is not possible to drive from Loma into the church parking lot because there is a chain across the entrance. PLANNING COM~ISSION MINUTES -July 11, 1977 page 5 Dean Abbott, 436 -29th Street, ask•ef if the use as a foster home in terminated could the house be used for other than a residence; and is there a problem with spot zoning in the city. Chmn. Rosenberger resnonded that the conditional use uermit would terminate if the allowed use was discontinued for over 90 davs~ and that the proposed use is compatible with R-1 zone by ordinance. Jane Turner said they have had a small contribution from revenue sharing which will not be repeated; otherwise they have no access to public money and there is no fee charged for their services. She said the home will be privately supported. She said the area can be posted to require people to park in the church lot, and there are six parking spaces on the lot itself. Rev. Richard Parker, 1818 Monterey, said the parking problem has not been generated by the church but by the growth of the community, and the increase in nwnber of cars owned by people;, and that their purpose is to servie the community by r e aching out to young people in trouble. Public hearing closed 10:29 p.~. Comm. Fritz noted that four letters have been received; two in favor, and two opposed due to parking and congestion. Motion by Comm. Peirce, seconded by Comm. Isgreen, to approve the conditional use permit for a foster home and crisis service center at 1736 Loma Drive with the following conditions: 1. Safety inspection by the Building and Fire Departments 2. Provision of a smoke detector J. 24-hour supervision 4. Six-month review 5. Signing in front of the structure which says that visitors must park in the church parking lot. Comm. Schubert said a service of this kind which is good, but free, will tend to find more need, and he feels there is a point where a town of this size cannot have more homes of this type so t .hat in spite of the fact that the need will grow, we have to look at a point where we cannot have more of this. .Ayes: Noes: Absent: Comm. Bishop, Fritz, Isgreen, Peirce, Schubert, Chmn. Rosenberger None Comm. Loosli Motion by Comm. Fritz, seconded by Comm. Bishop, to ad,opt Resolution P.C. 77-.35 approving a conditional use permit for a foster home and counseling facility at 1736 Loma Drive. As a result of public hearing during which testimony was taken both pro and con, the Planning Commission resolves that there does not seem to be significant potential for increased parking and traffic problems. Parking is readily available in the church parking lot. It is consistent with zoning code. Questions of financing and long-term usage of foster homes were explored; it will serve primarily local community needs of South Bay residents; and this establishes a first time for this type of use in providing a long-term residence for their clients. Ayes: Noes: Absent: Comm. Bishop, Fritz, Isgreen, Peirce,Schubert, Chmn. Rosenberger None Comm. Loosli • I PLANNING COiv1MISSION MINUTES -July 11, 1977 page 6 2519 PACIFIC COAST HIGHWAY (southwest corner of Gould/Pacific Coast Highway Request by Terraco Investments, 432 Culver Blvd., Playa Del Rey, CA -90901, for a commercial planned development permit for hotel, restaurant, coffee shop, stores and 33 condominiwn units= and tentative tract man 33744 annroval. Mr. Merl noted that the PlannillQ" Commission has available the analvses. nreliminarv environmental imuact renort. comments from the Board of Zonine-Ad.iustments. letters from affected agencies, and plans. He said there is presently a restaurant on the Pacific Coast Highway frontage and a hotel to the rear. He reviewed .the statistical summary and distributed a memo from the City Engineer regarding traffic problems and sewer capacity. Public . hearing opened 10:50 p.m. Cathy .Anderson, representing the applicant, said the intent is to make the project conform to existing grade, with balconies slanted slightly to the southwest to enhance the view. There will be concrete block walls for privacy along the south . side, and an existing block wall will remain on the 25th Street side, approximately 6' high with a 6' fence above, and heavily landscaped. She said there will be storage provided in the parking areas, probably above the parking stalls; lower residence area will have indiv-dual garages with storage units provided. She said they propose access for commercial traffic at the south end of the property on Pa.cific Coast Highway; a loading dock off Gould; and access for residential parking off Gould. She proposed a 10' entrance lane on Pacific Coast Highway along part of the width _of the p,roperty . not to include the north end because the structure is being built to the property line at that point. :rvtr. Putz, City Engineer, explained the need for a 10' dedication along the total frontage in order to provide enough turning radius to allow a double left turn lane; and also a safety lane for access and in the fut1_1re for possible widening of Pacific Coast Highway. He said he talked briefly with the applicant about the possibility of building part of the parking structure below the rught of way but has not ascertained yet whether the State will allow this. He said it is a · legal, not an engineering, probl~m. Ms. .Anderson said the fir ,st level of subterranean parking extends slightly above grade. She said if a lane or part of a lane is dedicated the landscaping will be moved back but will not be omitted. She said· two more guest parking spaces can be added outside the parking garages; there will probably be a gate on the parking garage; and residents and delivery trucks can make a U-turn on Gould at Porter Ln. Mr ·. Putz median. on Gould said it might be feasible to have another left turn lane through the Chmn. Rosenberger suggested widening the driveway for commercial trucks so they could U-turn rather than back out on Gould. Dean Abbott, 436 29th Street, said he would like to see traffic flow counts for the affected streets. He said there seemed to be very little rear yard abutting the property to the south, or anything that architecturally relates to the property on the south. He said he is concerned with the fact that no traffic flow study has been presented, egress, what faces the property to the south, and the architectural plan. Joe Matthews, 7.33 -24th Place, said he has the first resident.ial lot to the south and is concerned about traffic entering ·on Pacific Coast Highway, and about noise from the proposed motel. • • PLANNING CO:M1v1ISSION MINUTES -July 11, 1977 page 7 Vicki Earhart, 622 Porter Lane, said _s~e is _concerned about noise, particularly from the pool area; parking overflow, and play space for -children. Ms . .Anderson said the pool will not be lighted, and the CC&R's will restrict use of the recreation area after certain hours. Richard Greer, 269 -24th Place, said he agrees with Mr. Abbott that there is little concern shown for traffic planning, noise, and recreation spac_e. He said he feels the recreation area should be in the middle of the development, more available to the resid,ents and shielded from the neighbors. Betsy 1vfiller, 640 Porter Lane, said she believes there will be overflow parking and Porter Lane is too narrow at the entrance for parking on both sides. Chmn. Rosenberger asked if the Fire Chief has seen the plans as he is concerned about access. Jvfr. Merl said there is a driveway through at the west boundary._ Ms. Ander- son said there is access all the way through (at the south boundary) for foot traffic. A member of the audience asked if motel guests would use the pool. Ms . .Anderson • said no, there could be a locked wrought iron gate on the walk from Pacific Coast Highway along the south boundary. Public hearing closed 11:58 p.rn. - Comm. ·Fritz said he would need more information on the following points before voting: . 1. South boundary wall and -landscaping on the south side 2. West side landscaping near residential property 3. Landscaping, lighting and layout of the pool and recreation area·s, including walls, fencing, trees and shr_ubberyto reduce noise impact. . 4. Update on knowledge of traffic situation, especially at the _corner of Gould/PCH. 5. Traffic study on Gould, impact of two left turns on traffic, projection of the number of cars turning left into the project per day; and whether or not the added traffic will interfere with the highway traffic during peak hours. 6. Have developer, City Engineer, and State get together on the 10 ft. lane. If it is necessary to widen PCH in the future we should be looking at this before the motel is built and to fully explore t~ese possibilities. We should not make it impossible to widen or to have two left turn lanes in the future. 7. Consider a garage beneath the highway at this point or in the future and arrange so that it can be done. Comm. Bishop requested a traffic flow chart showing how traffic would enter and leave the project, where U-turns would be required, where right-turn only would be required, and how that traffic would join the main f1ow of traffic. Comm. Schubert said he thinks the project is good and is needed; his main concerns are: 1) the 10' lane, whether the present nwnber of parking spaces can be preserved 01--whc:ther some of them have to be relinquished; 2) considering the U-turn on Gould, he feels it would be better to have another left turn lane there; 3) both the second left turn lane, and the 1or declaration lane are needed. Comm. Isgreen said he is concerned with movement of people within the project . PLANNING COMMISSION MINUTES -July 11, 1977 page 8 Chmn. Rosenberger said t ,hat JO three-bedroom ,uni ts will encourage families with children; arrangement and type of landscaping, recreation areas and noise problems should be addressed by the developers, and should consider more than an outdoor pool and a park two blocks away. Ms. Anderson said if the 10' lane is important, it can be done. Comm. Schubert said they are talking about both the 10' declaration lane and the 10' dedication. A member of the audience asked that the trash areas be shown on the plan. Motion by Comm. Fritz,. seconded by Comm. Peirce, to continue in order to receive information on the points outlined abov·e. The applicant comcurred with the continuance. So ordered. 38-42 SEVENTH COURT Request by Terraco Investments for a Planned Unit Development permit for a four-unit condominium. :Mr. Merl reviewed the analysis and statistical summary. Public hearing opened 12:42 a.m. Cathy Anderson, representing the applicant, said the units would have common walls, will be tovmhouse style, will have tandem parking, and there will be a parapet. Public hearing closed 12:46 a.m. Motion by Corrnn. Schubert, seconded by Comm. Peirce, to approve a planned unit development permit at 38-42 Seventh Court and Tentative Tract Map 32448, with conditions as follows: 1. Project shall meet all construction standards in Section 29.5-18A of the condominium ordinance; 2. Submissio,n of final CC&R' s which contain all the declarations in Section 29.5-19 of the condominium ordinance J. Provision of a smoke detector for each dwelling unit. 4. Complete utility plan be submitted and approved by the City Engineer; all utilities shall be underground. 5 . .All meters, utility service connections and major roof chimneys, pipes or struc_tures shall be integrated with the design of the building and screened architecturally and/or by landscaping. 6. CQnstruction of a.11 public improvements such as curbs, gutters, sidewalks, and drives to be approved by the City Engineer. 7. Project is to meet the 65% maximum lot coverage, and with balconies to be minimum of 150 sq.ft. each unit, or to be returned to the Planning Commission for rehearing. Comm. Fritz said he does not like the exterior aesthetics of this project, and does .• not feel that it meets the standard of the highest and be,st use of the land. He said he would like to see the applicant return with plans that meet the standards and with improved aesthetics, with a decision on the parking spaces and the storage. Vote on motion above: Ayes: Noes: Absent: Comm. Peirce, Schubert Comm. Bishop, Fritz, Isgreen, Cbmn. Rosenbe.rger Comm. Loosli