HomeMy WebLinkAboutPC Minutes 1977_11_14MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, NOVEMBER 14, 1977, AT 7:30 P.M.
Meeting called to order at 7:34 p.m. by Chairman Fritz.
ROLL CALL
Present: Comm. Loosli (arrived late), Peirce, Rosenberger, Schubert, Chmn. Fritz Absent: Comm. Bishop Also Present: Rod Merl, Director of Planning & Environmental Servi.ces
APPROVAL OF MINUTES
Motion by Comm. Schubert, seconded by Comm. Peirce, to approve the minutes of the October 24, 1977, meeting as corrected:
page 4: page 6:
Ayes: Noes: Absent: Abstain:
( CUP Ordinance) 11So ordered to continue. 11 (1200 Hermosa Avenue - Tarling) 11We advised him that where he 1 i ves is not approved as a dwelling place; the legal status of habitation is questionable.11 Comm. Peirce, Schubert, Chmn. Frotz None Comm. Bishop, Loosli Comm. Rosenberger
Chmn. Fritz requested that staff see that P.C. 77-57 is transmitted to the City Council in regard to 333 -10th Street, and to note that the Planning Commission has not yet reviewed the resolution. He also requested that Comm. Peirce 1 s comment on the mazzanine (227-229 - 29th Street) be transmitted into the appropriate records in case it comes for appeal.
APPROVAL OF RESOLUTIONS
Resolutions P.C. 77-53, 77-56 and 77-57 postponed to the next regular meeting, due to a clerical error.
PROPOSED ZONE CHANGE -R-2 to R-1
Proposed zone change for area bounded by 7th Place, Prospect Avenue, and eastern city boundary. Mr. Merl reviewed the history, map and survey figures. He said a change of zone would make the existing duplexes le�on-conforming.
Comm. Loosli, zoning subcommittee said ��e �����was initiated because general plan and zoning are not iFf=�-a'�ft man , and state law requires consistency between general plan and zoning. He said it is a stable area, and predominantly single-family. He said most of the duplexes currently there are probably non-conforming now because of parking requirements, setbacks, and otherrecent code changes.
Comm. Rosenberger said he has calculated the percentages of single family dwellings as follows:
Block 1 = 93% Block 2 = 80% Block 3 = church
Block 4 = 65% Block 5 = 80% Block 6 = 91%
with an overall average of 84% for the area. ( ( l
•
Planning Commission Minutes -November 14, 1977 page 2
Public hearing opened 7:55 p.m.
Tom Collins, 1105 Sixth St. to 1122 Seventh (through lot), said he has two
houses with detached enclosed garages and four additional off-street parking
spaces. He said if the zone is changed and one house · burns down, he would
not be allowed to rebuild, and would therefore have one house and a vacant
lot, unusable because the lot cannot be split. He asked why a warehouse has
been allowed in this area, and said he highly opposes the change.
Mr. Merl said a complaint about the warehouse has been made to the Building
Department.
Frank Secan, 907 Sixth Street, said there are a lot of duplexes in the area
immediately to the north (R-1). He said the people who own the lots under
discussion have been paying taxes on R-2 property, and he wants to have the
capability of building a two-unit structure.
Virginia Snyder, 1146 Sixth Street, said she owns a duplex an ,d it has two
garage spaces and two off-street parking sapces; many single family homes
do not have garages, or do not use them for parking. She said only the lower
playground at Prospect Heights school is zoned open sp,ace, and asked about
the disposition of the upper playground. She said she concurs with the first
two speakers in opposing the zone change.
Mr. Merl said he beli ,eves the upper playground is unzoned and therefore should
automatically be R-1.
Jim Johnson, 1203 Sixth Street, said he has a small 1000 sq.ft. house on Sixth
Street and the lot extends to 7th Place. His intention has been to build
another unit on the other part of the lot; he also purchased 1218 Sixth Street
three months ago; the change of zone would defeat his entire purpose and he
and he disapproves the zone change.
Chip Positeri, 608 Hollowell, said he purchased a conforming duplex; many
people in the area had planned to build a duplex, and he disapproves the zone
change.
Kathy Secan, 1201 Sixth Street, and lives and 906 Sixth Street, said they
planned to develop their property; no one at this meeting has spoken in favor
of the zone change, and she feels the Commission should represent the people
who live in the affected area.
A member of the audience requested continuance of the public hearing. No one
on the Commission opposed, and Chmn. Fritz so ordered. continuance of the publi'c
hearing to the next regular meeting on November 28th.
Public hearing continued at 8:32 p.m.
Chmn. Fritz recommended that owners of duplexes or people who are considering
building duplexes check with the Planning or Building Departments to find out
what is involved and whether their existing duplexes are legally conforming.
He further suggested that everyone living in the area under discussion consider
whether it will remain a desirable place to live if every property owner e·rects
a shoebox-style condominium.
•
PLANNING COMt1ISSION MINUTES -November 14, 1977 page 3
49 EIGHTH STREET
Request by Kenneth Saunders for a four-unit condominium and tentative parcel
map No. 10098. Mr. Merl reviewed the analysis a.nd statistics. Chmn . Fritz
noted corrections of the PEIR as fol l.ows:
. I. line one: de 1 et,e duplex, insert 11 s i ngl e family''
I I. line two: delete duplexes, insert 11 condomi ni urns 11
He also pointed out that the new proposed parking ordinance, page 6, will require
that unenclosed parking spaces shall be located only where a garage would be
permitted.
Public hearing opened 8:43 p.m.
' Morgan Ralls, 1200 Manhattan Beach Blvd., Manhatta Beach, attorney, representing
the applicant, said the project exceeds the minimums in almost all respects,
is identical with the project to the west, complies with Coastal Zone Commission
requirements and meets the 1.5 rule. He said it is his view of the ordinance
that the required standards exceed the requirements for an apartment in the
soundproofing, landscaping, etc., and if these are considered beneficial as
stated, then they are beneficial to prospective residents an.d to the city. He
said condominiums are a form of ownership, recognized by stat,e law, the property
is zoned for it, and they have met the building code requirements.
Comm. Loosli asked if the buildings could have different kinds of surfacing
rather than being identical.
Mr. Ralls said in a condominium there is a Home Owners' Association through
recorded convenants that are liens upon the land that run with the land, and
meet state standards. He said the Home Owners Association has the ability to
place liens on the property and can foreclose if necessary and sell that
property. He said he does not see that problems experi·enced with other con-
ditional use permits have any effect upon this application. He said by placing
the building in the center of the prop1erty it would give adjacent property
owners more open access, air circulation and sunlight.
Chmn. Fritz said that tandem parking does not work, in his opinion, and the
access is from a 20 ft. wide alley; and that he would be interested in more
imaginative design. Mr. Ralls said tandem parking is not a problem of condo-
miniums, but a problem of the parking ordinance; and he does not think it
appropriate to, create laws allowing discretionary actions by which one person
will be allowed to build in a certain way denied to others.
Robert Marks, 56 Eighth Street, across the street from the proposed project,
said the present neighborhood is basically on ,e-story with some two story over
garages; he believes this will change the entire character of the neighborhood
by building three stories and two lots thick--a tremendous mass. He said the
other has one-story garages on the alley and side yards that can be looked
down. He said it was stated that the project meets the 1.5 rule; he believes
it does not, that combi.ned lots over 4000 sq.ft. do not have to comply with
the rule, and the building area can be increased by at least 40% in density.
He said he does not object to the combined lots, but to the three stories
and the solid mass. He said, however, that he would not favor a zone change
to R-2.
Public hearing closed 9:30 p.m.
\ }
PLANNING COMMISSION MINUTES -November 14, 1977 page 4
Comm. Rosenberger said it meets the letter of the law, if you want owners to stay
they should be offered some amenities; consideration of noise problems, air
circulation and light are all minimal .in this kind of structure.
Comm. Peirce said he concurs with Comm. Rosenberger, he does not object to the
height because it is allowed by code, but other than better construction he
does not think it offers anything to the tenants or city over an apartment.
Comm. Schubert said the quantitative part of the requirements have been met; the
qualitative part appears to be vaguely defined, and he feels the specifics
stated in regard to concepts should be added to the code.
Chmn. Fritz said he is concerned about the lack of imagination in design and
realizes that it ;·s somewhat imposed by the· size of the lot; he is also concerned
about the tandem parking as it is usually poorly utilized.
Motion by Comm. Peirce, seconded by Comm. Schubert, to approve the four-unit
condominium and tentative parcel map No. 10098 at 49 -Eighth Street, subject
to the recommendations as follows:
1. Project shall meet all construction standards in Section 29-5-18A of the
condominium ordin·ance;
2. Provision of a smoke detector for each dwelling 1unit;
3. Complete utility plan shall be submitted and approved by the City Engineer;
4. All meters, utility service connections, and major roof vents, chimneys,
pipes, or structures shall be integrated with the design of the building;
5. Construction of all public improvements such as curbs, gutters, and side-
walks and drives shall be approved by the City Engineer; bonds may be
required by the City Engineer;
6. Approval of a landscaping plan by the Hermosa Improvement Commission
7. A deed restriction limiting the use of the property to four units shall
be record,ed by the owner before a Certificate of Occupancy is issued;
8. There shall be no further dividing of the common property by fences;
9. City Council approval.
Mr. Ralls said he had received a copy of the conditions; he finds them and
the changes acceptable.
Ayes:
Noes:
Absent:
Comm.
Comm.
Comm.
Loosli, Rosenberger (reluctantly), and Schubert
Peirce, Chmn. Fritz
Bishop
Motion by Comm. Schubert, seconded by Comm. Rosenberger, to adop,t Resolution
P.C. 77-58 approving the four-unit condominium and tentative parcel map #10098
at 49 -8th Street. After holding public hearing and taking testimony both
pro and con, t 'he project was approved based upon the key points: that it met
the condominium code, was consistent with zoning, and consistent with general
plan.
Ayes:
Noes:
Absent:
Comm.
Comm.
Corrm.
Loosli, Rosenberger, Schubert
Peirce, Chmn. Fritz
Bi shop:
The audience was advised of the right of appeal.
,I
PLANNING COMMISSION MINUTES -November 14, 1977 page 5
ADULT NEWSRACK ORDINANCE
Continu,ed from October 24, 1977. Mr. ~1erl said the City Attorney agree,d that
existing racks found without identification can be temporarily removed until
someone claims them and them public hearing can be held.
Public hearing opened 10:07 p.m. No one wished to be heard. Closed 10:07 p.m.
Motion by Comm. Rosenberger, seconded by Comm. Loosli, to recommend to the City
Council one newsrack ordinance that covers all newsracks without differentiation
as to contents, and that it be as restrictive as the proposed 11 adult 11 newsrack
ordinance; to apply the same standard in regard to space as in Preliminary
Environmental Impact Report 77-063; each location must have a combined rack
rather than several separate stands to reduce clutter on the sidewalk, this
restriction to include existing newsracks as well; the opaque covers of these
machines may show only the name of the publication, and the iss ,ue and date
currently contained therein; all racks lacking identification shall be picked
up by the City; and the penalty c 'lause shall apply to all newsracks in the City.
Staff will submit Resolution P.C. 77-59 at the next regular meeting.
Ayes:
Noes:
Absent:
Comm. Loosli, Peir,ce, Rosenberger, Schubert, Chmn. Fritz
None
Comm. Bishop
SOCIAL ELEMENT
Comm. Rosenberger, reporting for the sub .committee, said they realize the sta-
tistics themselves are not completely accurate and cannot be accurate, due to
passage of time and the na.ture of the census, and that they have to look at
trends shown by the statistics. He said the subcommittee's recommendation is
to adopt the Social Element, change it when necessary to be consistent with
other elements as they change, and update as newer statistics become available.
He recommended one addition on Page 88, adding the word 11 purchase 11 as follows:
''planned for property maintenance, purchase and rehabilitation ... 11
Public hearing opened 10:09 p.m. No one wished to be heard. Closed 10:10 p.m.
Motion, by ·Comm. Rosenberger, seconded by Comm. Peorce, to adopt the Social
Element, as amended to date.
Ayes:
Noes:
Absent:
Comm.
None
Comm.
Loosli, Peirce, Rosenberger, Schubert, Chmn. Fritz
Bishop
Staff will submit Resolution P.C. 77-60 at the next regular meeting.
CONDITIONAL USE PERMIT ORDINANCE
Public hearing opened 10:13 p.m. No one wished to be heard. Closed 10:14 p.m.
Motion by Corrm. Schubert, seconded by Comm. Ros ,enberger, to app,rove the Con-
di ti ona l U,se Permit Ordinance as submitted.
Ayes:
Noes:
Absent:
Comm.
None
Comm.
Loosli, Peirce, Rosenberger, Schubert, Chmn. Fritz
Bishop
PLANNING COMMISSION MINUTES -November 14, 1977 page 6
Staff will submit Resolution P.C. 77-61 at the next regular meeting.
PROPOSED MODIFICATION OF THEM-ZONE
Mr. Merlsupplied copies of the assessor's map for the M-zoned areas along
Ardmore Avenue between 5th and the :south ci,ty boundary.
CG>mm. Loosli said he is concerned, that the boatyard be preserved, and should
be maintained as M zoning. Comm. Peirce recommended a study of the use of
the area.
Chmn. Fritz requested that staff forward to City Council. a memo frorrl the :1
Planni·ng Commission stating that the Zoning Subcommittee and the entire
Planning Commission has discussed this item and decided that it will require
a review of zoning in the entire area to 1 ook into consistencies and i neon.~
sistencies existing, but feel that there are more urgent issues, such as
Pacific Coast Highway, which should be considered first, and that review of
the zoning in the area under discussion will be picked up when the Coastal
Plan is reviewed. So ordered.
PROPOSED R-2 AND R-2B ZONING : !ORDINANCE CHANGES
Recommendations made were as follows:
1. that all requirements of R-2 be applied to R-2B
2. that the height limit be decreased from 35 ft. to 30 ft.
3. that the square footage requirement be increased from 1200 to 1300 sq. ft.
4. that a requirement for usable open space be established, stating
300 sq.ft. per unit, at least one-half to be at ground level with a
minimum dimension of 7 ft; one-half may be in decks or balconies with
a minimum dimension of 5 ft.
5. front setbacks to be established at 10% of the depth of the lot with
a maximum requirement of 10 ft.
Chmn. Fritz requested that staff check into the matter of an easement granted
to a person, Warren Gillelen, ascertaining the purpose of the easement and
whether that person still lives; and to recommend for preliminary environ-
mental impact report and set for public hearing.
So ordered.
Staff will submit Resolution P.C. 77-62 at the next regular meeting.
COASTAL ISSUES
The following chan,ges were made to the existing list:
2. add the Biltmore site
5. del.ete 11 NO new'' and 11 no 11 • Add: bike path on the beach.
7. • delete 11 no substantial issues''. Add: Beach, intertidal zone, and
zone, and ocean are definitely sensitive habitat areas
11. g) delete 11 along PCH 1'
l ,2. add: 11 s i gni ng'1•
15. Add 11 ( 1 oca l and regional) 11
13. following city lights, add 11 and uti,lities 11
PLANNING COMt1ISS ,ION MINUTES -November 14, 191 77 page 7
Motion by C,omm. Schubert, seconded by Comm. Loosli, to forward this list,
as amended, to the City Co unci 1 .
Ayes:
Noes:
Comm. Loosli, Peirce, Rosenberger, Schubert, Chmn. Fritz
None
Absent: Comm. Bishop
Staff will submit Resolution P.C. 77-63 at the next regular meeting.
STAFF REPORTS
Mr. Merl noted that responses from the City Attorney and City Manager were
included in the packets.
He said the meetings will be advertised as beginning at 7:30 p.m., with public
hearings scheduled for 8:30 p.m.
COMMISSIONERS 1 ITEMS
Chmn. Fritz said that at th ,e subcon1mittee meeting with the City Council, they
discussed the Coastal Issues, the Social Element, and enforcement problems.
Comm. Peirce said the City Manager suggested that the Planning Commission,
meet with the District AttorJiley, and he requested that the meeting be :hel ,d
here. Mr. Merl said he would schedule a meeting of the Planning Commission an
Board of Zoning Adjustment with the District Attorney.
Chmn. Fritz requested that the Condominium Ordinance be considered by the
Development Subcommittee. Members are Comm. Peirce, Rosenberger, and Schubert.
They agreed to meet at 7:30 a.m. on Thursday, November 17th.
Comm. Loosli requested reconside,ration of tandem parking, be placed on the
agenda.
Comm. Peirce noted that the sound barrier is in at Shenanigan's, but the
noise issuing from Hennessy's is very loud. Mr. Merl said he will submit a
model Noise Ordinance for consideration of the Planning Comisssion. He said a
State Court decisions :state that cities have the right to enforce a reasonable
noise ordinance.
Mr. Merl said, in regard to the condominiums, that the City Attorney has
suggested putting into the CC&R 1 s that if there is a zone change, the condo-
minium is affected by that change.
Meeting adjourned 11:31 p.m.
CERTIFICATION
I hereby certify that the foregoing minutes were approved by the Planning
Commission at their regular meeting of November 28, 1977.
..
M PEIRCE, SECRETARY
V /6;/
DATE