Loading...
HomeMy WebLinkAboutPC Minutes 1977_10_24MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, OCTOBER 24, 1977, AT 7:30 P.M. Meeting called to order at 7:35 p.m. by Chairman Fritz . • ROLL CALL Present: Comm. Bishop, Peirce, Rosenberger, Schubert, Chmn . Fritz Absent: Comm. Isgreen,Loosli Also Present: Ed King, Staff APPROVAL OF MINUTES Motion by Comm. Rosenberger, seconded by Comm. Schubert, to approve the minutes of the October 10, 1977, meeting, as corrected: Page 6: Ayes: None Noes: All . Page 7: Comm. Bishop left the meeting after the . hearing on 227-229 -29th Street. Comm. Bishop should be listed as absent in all subsequent actions . Ayes: Noes: Absent: Comm. Bishop, Peirce, Rosenberger, Schubert, Chmn. Fritz None Comm. lsgreen, Loosli Corrections in the minutes to be forwarded to the City Council. APPROVAL OF RESOLUTIONS Comm. Rosenberger n1oved to delay approval of resolutions to the end of the meeting. So ordered. 333 -10th STREET Request by Douglas J. Cook for construction of proposed two-unit con.dominium. Mr. King reviewed the analysis, statistical summary, and recommended conditions. Public hearing opened 7:45 p.m. Jack Wood, 803 Loma Drive, designer, said neither he nor the applicant had received a copy of the staff report. A copy was supplied, and Chmn. Fritz delayed this hearing to give the applicant and his representative an opportunity to review the report. 127 MANHATTAN AVNEUE Request by Fer.raro Construction for approval of Tentative Parcel Map 10081 . Public hearing opene ·d 7:50 p.m. Russ McGuire, South Coast Builders, representing Mr. Ferraro, said this map is for a common interest subdivision, not a condominium; he has talked to the City Attorney, who concurred that this is not a condominium, and requires a parcel map rather than a tract map. Mr. King said, in response to a question about storage, that in lieu of 200 sq.ft. per unit of storage, private storage was allowed in the form of separate enclosed parking. .. . · Planning Commission Minutes -October 24, 1977 page 2 Corrm. Rosenberger requested that a condition be added stating that a landscqping plan must be submitted to be approved by the Improvement Commission . Comm. Peirce requested that a condition be added stating that there will be no fence di vi ding the property. Mr. McGuire indicated that the conditions were acceptable, saying that they would present no problem . Public hearing closed 7:55 p.m. Motion by Comm. Schubert, seconded by Comm. Peirce, to approve Tentative Parcel Map No. 10081, as submitted. Ayes: Noes: Absent: Corrm. Bishop, Peirce, Rosenberger, Schubert, Chmn. Fritz None Corrm. Isgreen, Loosli Motion by Comm. Schubert, seconded by Comm. Rosenberger, to adopt Resolution P.C. 77-56, identical to Resolution P.C. 77-36, with the addition of: 9. A landscaping plan will be submitted, to be approved by the Improvement Commission 10. The property will not be divided by a fence. Ayes: Noes: Absent: Comm. Bishop, Peirce, Rosenberger, Schubert, Chmn. Fritz None Comm. Isgreen, Loosli 333 -10th STREET (continued from above) Mr. Wood said he was ready to proceed with the hearing, and questioned Condition No. 6. Mr. King said this condition is standard procedure, and that the applicant can request an extension of the one year limit if necessary. Comm. Peirce asked Mr. Wood to describe the backyard to the west. Mr. Wood said it was an 8' open sapce available to the owners; there are no specific plans for landscaping; no concrete patios are planned; there will be no fences, there are very few windows on that side and no visual impact. Comm. Rosenberger asked the square footage of the units . Mr . Wood said they have a total of 1600 sq.ft. per unit of which 375 ft. are in the garage space and about 100 sq.ft . in the internal stairway. He said they were planned as three- story in order to achieve parking, to provide integration of the floors, and to maximize the view. He said they are willing to have curbing if necessary, but also would be willing to bond for it and put it in later, as it is not in character with the neighborhood. He said there are vaulted ceilings on the third floor but he feels it is not as high as the city's figures indicate. Mr. Cook spoke in favor of the project and said he plans to live in one unit. Public hearing closed 8:16 p.m. .. Planning Commission Minutes -October 24, 1977 page 3 Comm. Schubert said he feels these small apartment-like townhouses are very poor and far too small, although they do meet code. Comm. Peirce said it offers very little if anything to the city under the condo- minium concept; is a de facto lot split, and out of character with the neighbor- hood. Comm. Bishop said she is not in favor of encouraging further division. Chmn. Fritz said his major objection is that it is new for this neighborhood and he does not like to set a precedent which will tend to downgrade what is at present a small-house neighborhood. Comm. Rosenberger said it is the option of the Planning Commission to assess the project as to whether it will benefit the community and said he is not in favor, and feels such projects will becoma problems for the city in the future with overcrowding and narrow streets. Motion by Comm. Peirce, seconded by Comm. Rosenberger, to approve the proposed two-unit condominium as submitted, with conditions 1-8 as recommended by staff, with the addition of condition 9 stating that no fence will be placed on the property so as to divide the common area. Condition 6 was rewritten as follows: A tentative tract map for this development must be filed within one year of permit approval. Ayes: Noes: Absent: None Comm. Schubert, but he feels that the code should be changed to make it more clear tha a two-unit project like this will not be approved; it is not desirable; Comm. Peirce, Bishop, Rosenberger, Chmn. Fritz Comm. Isgreen, Loosli Motion by Comm. Peirce, seconded by Comm. Bishop, to adopt Resolution P.C. 77-57, denying the two-unit condominium at 333 -10th Street. After holding public hearing it was determined that the project is out of context with the neighborhood as to height and bulk, and will substantially block views of neighboring properties in several direction~. It would tend to change dramatically the character of the area, and no benefit will be derived either by the occupants or by the city from the relatively small units on a small lot, or from the proposed recreation space; and the size is considered marginal as far as utilization for family purposes. Parking is limited with no parking allowed on the east side of Loma, and the proposed loss of parking space due to the driveways on the west side. The ordi- nance clearly intended to abhieve more imaginative land use and unit clustering, which does not appear to be the case in this particular development. There is a potential for problems developing in the future, and likelihood of city involve- ment in legal problems, with two owners. Ayes: Noes: Absent: Comm. Bishop, Peirce, Rosenberger, Schubert, Chmn. Fritz None Comm. Isgreen, Loosli The applicant was advised of his right of appeal. Mr. Wood said he wished to add to the testimony the statement that the maximum building area has been met based on Coastal Commission requirements, therefore, if the amount of square footage is substandard it is not because of their reluc- tance to give more, but because of the requirements of the Coastal Commission. Planning Commission Minutes -October 24, 1977 page 4 PROPOSED ADULT NEWSRACK ORDINANCE Mr. King said that Mr. Merl has requested continuance of this item. Chmn. Fritz said the order of procedure is to consider first the proposed ordinance dated 8/25/77 relating to newsracks on public rights of way; and second, to consider Resolution 77-4160 (City Council) establishing the requirement of a conditional use permit to place and maintain an adult newsrack in the city. Comm. Rosenberger noted that there is no section relating to prosecutions and violations; and he does not understand why the Director of Public Works shall approve placing them, and the City Manager approve removal of them. Chmn. Fritz said Mr. Merl will ask the City Attorney what constitutes an existing newsrack; it is proposed that if there is no method of identifying ownership it will not constitute an existing newsrack. It is also suggested that the 1000 ft. ruling be changed to 750 ft. Comm. Rosenberger said he does not agree with the state's definition of the term "adult", and by that definition he assumes that all newspaper racks are adult. Comm. Schubert suggested making the ordinance consistent with the existing bookstore ordinance. Public hearing opened 9:09 p.m. No one wished to be heard. Closed 9:09 p.m. Chmn. Fritz surrmarized actions to be taken as: 1. pursue with the City Attorney who will delineate what can be done about existing newsracks; 2. determine whether this can be combined to inalude all newsracks, including all newsracks, not just adult newsracks, including all newspapers, avoiding the definition of "adult" or including all newsracks as "adult"; 3. 750 ft. ruling; and 4. incorporate as 1015.1 of Article 10 on Conditional Uses. Motion by Chmn. Fritz to continue for the above information, and determination of whether standards applied to book stores can be applied also to newsracks (which may not be practical because there is no controlled access to the racks). PROPOSED CONDITIONAL USE PERMIT ORDINANCE Mr. King said the proposed ordinance is for the purpose of consolidating three different sections of the code relating to conditional use permits; The Board of Zoning Adjustments approved the preliminary environmental impact report on the consent calendar. Public hearing opened 9:18 p.m. No one wished to be heard. Closed 9:18 p.m. Motion by Corrm. Rosenberger, seconded by Comm. Peirce, to continued until the adoption of the newsrack ordinance. So ordered. Mr. King will recheck Section 1015, (2) on page 6 of the proposed ordinance. SOCIAL ELEMENT Chmn. Fritz requested the subcommittee members to review pages 84-90 and report out at the next regular meeting. Public hearing opened 9:26 p.m. No one wished to be heard. Closed 9:27 p.m. Comm. Rosenberger left the meeting. Planning Commission Minutes -October 24, 1977 page 5 COASTAL ISSUES IDENTIFICATION Motion by Chmn. Fritz to continue to the next regular meeting with expectation of completing the final list at that time. So ordered. CONDOMINIUM DEVELOPMENT Chmn. Fritz said the subcorrrnittee, at its meeting on October 25th, will request a moratorium on all condominium applications for six months in order to review the condominium ordinance, and will request that this subject be introduced at the City Council meeting on October 25th. REVIEWS 1200 Hermosa Avenue -Shenanigans Mr. King said this is a review of an existing business which is now under new ownership. Chmn. Fritz reviewed the history of the conditional use permits. John Mccann and RussMcCubbin, 1200 Hermosa Avenue, werer present. Mr. Mccann said they have consulted the Fire Department regarding the construction of a wall, and have a contractor coming in this week. He asked for clarification of condition No. 1 regarding food, and said they plan to have an oyster and seafood bar. He said they do not see any problem with the conditions. Jack Dwosh, 9255 Sunset Blvd., #1020, Los Angeles, CA 90069, representing Media Arts, not as an attorney but because of vested interest, said there is still a problem with the amount of noise and the times it is generated. Chmn. Fritz said the Commission';s job is to protect health, safety, and welfare of the general public and not to take up co-tenant problems; and suggested that the tenants discuss the problem and come to some agreement. Mr. Dwosh said he feels it is not a co-tenant problem but an issue where one business generates sound or other interference with another business and he feels the Planning Commission has not only the right but the obligation to look into it. Comm. Peirce said the Planning Commission does not plan to alter this conditional use permit to add a noise level control within the building. Chmn. Fritz said the Planning Commission is able only to enforce the 11 conditions of t he conditional use permit. Mr. Dwosh said it was his understanding that they had three months to come to a solution that would be added to the conditional use permit. He said they believe they will be able to come to an amicable agreement but are concerned that whatever coersion might exist because of the authority of the Planning Commission will be lost because of the position now being taken. He requested a clear statement on whether the Planning Commission considers this a co-tenant problem or an issue of one business interferring with another business. Comm. Peirce said the Planning Commission will ask the City Attorney what con- stitutes a health and safety problem in regard to noise, what kind of powers the Planning Commission has in that regard, and what criteria they can act upon. Planning Commission Minutes -October 24, 1977 page 6 Dave Tarling, 1216 Hermosa Avenue, said he and other tenants, including Mrs . Nicholson who is approximately 87 years old, live in the building ; his business is being hurt by the noise pollution, and he feels that general welfare might include the right to run a business. He said his partner, Alan Glenn, spoke to one of the new owners (of Shenanigans) and was told they have no money for soundproofing. He said only one person said the traffic level was too loud to get readings; there are many times when the noise level can be tested; and it is not an unknown quantity. Comm. Peirce said that is true, and he recommended that the item of testimony just cited be ignored. Mr. Tarling said if it is true that nothing can be done without revocation of this conditional use permit, then he requests that the conditional use permit be revoked as there is no food being served and the required baffle has not been built. He said the same level of noise still exists, with no change. Comm. Peirce requested continuance and recheduling for review as soon as the Planning Commission-has a response from the City Attorney . Chmn . Fritz said the Planning Commission would appreciate a report form both parties on a meeting to seek solutions to the problem, and he believes the new owners should have a reasonable time to comply with the conditions . 1000 Pacific Coast Highway -Hermosa Car Wash Mr. King said the sign has been raised 4 ft. The Commission noted that the violation had been corrected, and scheduled a review in one year. RETAINING WALL Chmn. Fritz continued this item until Comm . Isgreen's return. SUBCOMMITTEE REPORTS City Council subcommittee will meet Tuesday, Octboer 25, at 7:30 a .m. Zoning subcommittee will meet Wednesday, October 26th, at 5 p.m. to review R-2 and R-28 zoning ordinances which need revision. COMMISSIONERS' ITEMS Chmn. Fritz directed staff to request the City Manager to attend the next regular meeting of November 14th . Comm. Peirce pointed out that the mazzanine on the plans of 227-229 -29th Street was 40 %, which is in excess of the 33 % allowable. Chmn. Fritz discussed the concreting of a front yard on the Strand in direct violation of the permit with recommendation to initiate action to enforce the conditions of the permit, in which the Commission concurred . The Commissioners discussed the problem of having proposed Resolutions acted upon by the City prior to the time that they receive final approval by the Planning Commission, and the possible consequences of acting upon a proposed Resolution which is, in fact, still subject to change and/or correctio n. Planning Commission Minutes -October 24, 1977 page 7 APPROVAL OF RESOLUTIONS Motion by Comm. Peirce, seconded by Comm. Bishop, to approve Resolution P.C. 77-49, as submitted. Ayes: Noes: Absent: CoITJTI. Bishop, Peirce, Schubert, Chmn. Fritz None Comm. Is green, Loosli, Rosenberger Motion by Comm. Peirce, seconded by Comm. Schubert, to approve Resolution P.C. 77-50, as submitted. Ayes: Noes: Absent: Abstain: Comm. Bishop, Peirce, Schubert None Comm. Isgreen, Loosli, Rosenberger Chmn. Fritz Motion by Comm. Perice, seconded by Comm. Schubert, to approve Resolution P.C. 77-51, as s ubmi tted. Ayes: Noes: Absent: Comm. Bishop, Peirce, Schubert, Chmn. Fritz None Comm. Isgreen, Loosli, Rosenberger Motion by Comm. Peirce, seconded by Comm. Schubert, to approve Resolution P.C. 77-52, as s ubmi tted. Ayes: Noes: Absent: Comm. Bishop, Peirce, Schubert, Chmn. Fritz None Co1T111. Isgreen, Loosli, Rosenberger Resolution P.C. 77-53 continued for correction. So ordered. Motion by Comm. Peirce, seconded by Comm. Schubert, to approve Resolution P.C. 77-54, as corrected: Comm. Bishop was absent Ayes: Noes: Absent: Abstain: Comm. Peirce, Schubert, Chmn. Fritz None Comm. Isgreen, Loosli, Rosenberger Comm. Bishop Motion by Comm. Peirce, seconded by Corrvn. Schubert, to approve Resolution P.C . 77-55, as corrected: Conm. Bishop was absent Ayes: Noes: Absent: Abstain: Comm. Peirce, Schubert, Chmn. Fritz None Comm. Isgreen, Loosli, Rosenberger Comm. Bishop STAFF REPORTS Mr. King noted that a report was made on outside parking spaces, as requested. Chmn. Fritz said the Commission still needs to know the reason why the width was set at 9 1 611 initially. Planning Commission Minutes -October 24, 1977 Chmn. Fritz said the zone change from C-1 to R-3 in the south end has been appealed and will be heard on November 22nd. Meeting adjourned 11:00 p.m. CERTIFICATION page 8 I hereby certify that the foregoing minutes were approved at a meeting held by the Planning Commission on November 14, 1977. PEIRCE, SECRETARY DATE