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HomeMy WebLinkAboutPC_Minutes_74.05.28MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON TUESDAY, MAY 28, 1974, AT 7:30 P.M. Meeting called to order by Comm. Rosenberger at 7:35 p.m• Special Public Hearing. ROLL CALL Present: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis (arrived late) Absent: Comm. Noble C-74-11 Request of L. Scott for a Conditional Use Permit in order to have a cocktail lounge at 22 Pier Avenue. City Planner Crawford said the hearing had been advertised to all property owners within 300 feet. The action of the Planning Commission at the May 13 meeting ended with a 3/3 vote, with no resolution adopted to approve or deny; also the previous hearing had been incorrectly advertised, therefore the City Attorney advised a new public hearing, and indicated that the Planning Commission could utilize all testimony from the first public hearing in addition to any new testimony from the second public hearing. New information is a report from the Downtown Committee endorsing the plans and recommending approval of the Conditional Use Permit. Public hearing opened 7:39 p.m. Art Splawn, speaking for the applicant, L. Scott, said the Charmer of Commerce came to 22 Pier Avenue and endorsed the plans. He said in answer to the question of whether it would be an adult game palace, the old occupancy load of the building was 160 people; the darts, pool and shuffleboard were expected to accommodate about twelve people. He presented snapshots of the interior of the building and showed some flags intended to be displayed in the bar. He said the entire code of signals would be on the ceiling. In answer to questions from the Commissioners, Mr. Splawn said about $60,000 would be spent in establishing the business and about $10,000 had been put into remodeling to date. He said they have built a kitchen, removed a sign from the roof, painted the outside of the building, and used acoustic tile on the ceiling that will contain 75% of the sound inside the building. He said new carpeting will be installed. They have appeared before the Sign Review Board and they approved the sign intended to be used. Ben Wasserman, 1112 Hermosa Avenue, President of Chamber of Commerce, said the Chamber approved the request; and that he also spoke for Leon Albertelli of the Businessmen's Association which also approved. He said they feel it will be a pretty good operation and serve a good purpose in providing a place where people can go and have a drink. He said the lack of loud rock and roll will produce a better kind of clientele. He feels it would upgrade the area. Mr. Splawn said that under license type 48, no minors would be allowed on the premises; no one under 21. He said there would be people by the front and back doors to control entrace. No others wished to be heard. Public hearing closed 7:48 p.m. PLANNING COMMISSION MINUTES - May 28, 1974 Page 2 Chmn. Collis said the policy of the Planning Commission over the past six years has been to approve serving of alcoholic beverages only incidental to the serving of food, and not to allow cocktail lounges only; to allow this request would be a departure from the actions previously taken as attempts to upgrade the commercial district. He said the action taken by the Planning Commission in this matter may be precedent - making. Mr. Crawford said that prior to Schlumpfelders the premises had been a straight bar of rather low quality, and the previous owners had been able to buy, renovate and change the character of the bar without a Conditional Use Permit because it was a continuing use. He said this is the first time the license had lapsed for more than ninety days, which brings it under the control of the Conditional Use Permit. Comm. Rosenberger said there are now two bars, one serving food, that have the privilege of serving drinks separately. He said the situation as it now exists is in effect monopolistic. He said the Planning Commission must be concerned with encourag- ing some kind of diversity in the town, and that a clause could be added limiting hours and stipulating that food must be served during certain hours. He mentioned the precedence of using the building for that purpose, and the goal of making Hermosa Beach the recreation center for the South Bay. Comm. Chiu said the applicant is really asking for a cocktail lounge and doubted whether he would be willing to make food a larger part of his business. Comm. Peirce said the Planning Commission should take into consideration the statements of the Downtown businessmen and the Chamber of Commerce. Comm. Hough said she thinks the decor creates a certain atmosphere and should be con- sidered. She said if this type of thing is allowed, there may be a lot more of them, so it should be considered what the downtown is going to turn into. Comm. Rosenberger felt a precedent was established by previous use of the building. Chmn. Collis said the Planning Commission now has control and an opportunity to help change the area but if this is granted It will be very difficult to have that Conditional Use Permit eliminated; this should be a concern of the Planning Commission. He said there had been a very large number of liquor establishments based on the population; and that the five existing bars represents a pretty good diversity. He said it is not really a game room, that part Is incidental; the applicant was aware that he could not open a business until he had approval from the Planning Commission and made improve- ments with no assurance that it would be approved; that the Planning Commission should not be concerned with the nature of the improvements; but the issue is whether the Planning Commission wants another cocktail lounge in this area. He said the use of many buildings downtown has been changed, and use need not continue in perpetuity. Motion by Comm. Rosenberger, seconded by Comm. Peirce, to approve the request as submitted. Ayes: Comm. Peirce and Rosenberger Noes: Comm. Burt, Chiu, Hough, and Chmn. Collis Absent: Comm. Noble Chmn. Collis announced that the motion had failed to pass, and that the applicant has the right to appeal to the City Council within ten days of this action. PLANNING COMMISSION MINUTES - May 28, 1974 Page 3 Motion by Comm. Chiu, seconded by Comm. Burt, to adopt Resolution P.C. 154-969 to deny the request of L. Scott for a Conditional Use Permit in order to have a cocktail lounge at 22 Pier Avenue, for the following reasons: the proposed use, as submitted, would not be compatible with existing and planned uses in the area, that additional cocktail lounges of this sort are not necessary in the downtown area, the Planning Commission has established a policy of not approving requests for cocktail lounges without full meals. Ayes: Comm. Burt, Chiu, Hough, and Chmn. Collis Noes: Comm. Peirce and Rosenberger Absent: Comm. Noble RE ZEPPY'S Questions were raised by the Commissioners as to why Zeppj's is still serving food, how they got permission to operate without meeting the conditions of the Planning Commission permit, and what steps can be taken to prevent this from happening again. Mr. Crawford explained that the request for Mr. Altamura to appear before the Planning Commission was not a public hearing; and must be an advertised public hearing in order to revoke the license. He said the business license ordinance is not a regulatory ordinance and will be issued to any person who applies for it as it is for revenue only. The City Attorney feels that as long as he is proceeding to meet,the require- ments of the City he cannot be put out of business. Mr. Altamura has a.problem in that he cannot get the paper goods stamped, and wishes to discuss this with the Planning Commission in public hearing to request a change of conditions. On the advice of the City Attorney, a public hearing has been scheduled for the June 10 meet- ing, at which time the Planning Commission can take whatever action it considers necessary. Comm. Rosenberger asked what remedial action can be taken since Planning Commission actions do not seem to carry any force under the law. Chmn. Collis suggested con- sidering what steps can be taken to prevent this from happening again. He said this man is competing with others who are acting in conformance with City regulations, and since this man will not meet the regulations or meet the intent of the Commission it points up the ineffectuality of the City Commissions. Mr. Crawford discussed the difficulty of enforcing the sandwich -board signs. It was brought out in discussion as a fine under either the revenue or regulatory laws, business license. Comm. Burt said he would be in favor sign on private property but not on public property. Adjourned to workshop meeting at 8:42 p.m. ROLL CALL sign ordinance pertaining to that there is no penalty such and no limitation on a temporary of allowing the sandwich -board Present: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Absent: Comm. Noble APPROVAL OF MINUTES Motion by Comm. Rosenberger, seconded by Comm. Hough, to continue to the next meeting. Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble PLANNING COMMISSION MINUTES - May 28, 1974 Page 4 APPROVAL. OF RESOLUTIONS Motion by Comm. Rosenberger, seconded by Comm. Hough, to approve P.C. 154-963 as submitted. Ayes: Comm. Burt, Chlu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble Motion by Comm. Rosenberger, seconded by Comm. Burt, to approve P.C. 154-964 as submitted. Comm. Peirce corrected Condition 1. to read "reduced to 8-10 feet" (delete "by"). Approved as corrected. Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble Motion by Comm. Rosenberger, seconded by Comm. Hough, to continue Resolution P.C. 154-965 for clarification as to whether this tentative map meets all the requirements, and for the report by the City Engineer stipulated in Condition #2. Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble Motion by Comm. Rosenberger, seconded by Comm. Chiu, to approve P.C. 154-966 as submitted. Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble Motion by Comm. Rosenberger, seconded by Comm. Peirce, to approve P.C. 154-967 with addition at top of page 2, following "The Plan proposes the following 'arterial' streets:" (see attached map, Exhibit A). Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble Motion by Comm. Burt, seconded by Comm. Hough, to approve Resolution P.C. 154-968 as corrected by Comm. Chiu: "WHEREAS, the Planning Commission determined that the two lots are equal in size and in approximately the same location; and" Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes; None Absent: Comm. Noble COMMISSION BUSINESS Mr. Crawford said that communications from the City Council indicate that they would like the Planning Commission to consider the change of the Biltmore site from C-1 to C-2, and that the height of buildings in the downtown area has been discussed with the PLANNING COMMISSION MINUTES - May 28, 1974 Page 5 Downtown Committee and the Coastal Zone Commission. The Coastal Zone Commission recommends thirty feet as a maximum but refuses to be bound by any decision. Chmn. Collis said the Planning Commission should consider what is best for our own needs and hopefully the Coastal Zone Commission will agree with the best for the City. Comm, Rosenberger suggested a joint commission meeting with the Downtown Committee; expression of more support for this committee and the plans they have presented; and sending a member of the Planning Commission to the committee, which meets 8:00 a.m. Thursday mornings, 1st and 3rd Thursdays, the next meeting being June 6. Comm. Chiu volunteered to represent the Planning Commission at Downtown Committee meetings and was so appointed by Chmn. Collis. Comm. Rosenberger suggested setting up a meeting with the Development Committee at the June 6 meeting. Chmn. Collis asked Comm. Peirce to serve on the Zoning Committee, with Comm. Burt as Chairman, and to schedule a meeting. Mr. Crawford said the bike path on the beach question has apparently been set aside for two years; and the question of keeping of animals will be eliminated from the Zoning Ordinance, and taken care of by the Animal Ordinance. He also distributed copies of a letter from the League of California Cities thanking the Planning Commission for their letter of endorsement concerning the Planning Commissioners' Institute. AMENDMENT #9 Mr. Crawford said the minutes of Planning Commission hearings will be added, as listed In the Table of Contents. He said the public hearing on Amendment #9 was continued, so it will not have to be re -advertised. He pointed out that the revised map now shows four lettered areas of continuing concern and potential conflict: A. the Prospect School area B. the commercial recreation area C. the commercial recreation area Manhattan to the Beach D. high density area zoned R-3 at in the Herondo/Monterey area between IOth and 8th Streets, and from present Comm. Peirce suggested adding area E to the map in the area from 16th to 19th high density area, as a problem area, and consider changing to lower density. Additions and corrections were made as follows: Page 1. Resolution - delete D and E; add "Prepare separate open space element to the General Plan." Page 2. HB-182 Project Description - end sentence after "medium density residential." delete Wand". Correct next sentence to "The proposed park between Prospect Heights School and the parochial school is to be removed." Last sentence - correct "medium" to "median". Environmental Setting - C. add period after "auto sales." Delete remainder of C. PLANNING COMMISSION MINUTES - May 28, 1974 Page 6 Page 3. Environmental Impact - B. delete "above" and "along". Correct to "the restriction of commercial east of Manhattan Avenue to the Pier Avenue . . ." D. Third sentence - delete "Resource" and reword for clarity. F. Requires rewriting since combined lot ordinance, and should have items in separate paragraphs. Page 4. G. Comm. Rosenberger noted that there is a conflict between the City Council Ordinance, their resolution of December 4, 1973, and the density range figures of Amendment #9. Page 5. Table. Correct total 413 to 433. Correct total 683 to 703. Total 895 is correct. Left column, second paragraph. The Plan designates (delete four) five general categories of residential density, as follows: Third paragraph. Delete "Under 15.0" and insert "Up to 10". Page 6. Rewrite last paragraph, second column. Page 7. Delete Parks and Open Spaces, and all following to end of second column. Map, Exhibit A:, Add area E as noted above. Change designation on Pier Avenue School site from "P" to "S". Change text on previous page (7) concerning junior high school, to be moved to Valley Vista. Reduce park acreage to reflect change in map. Motion by Comm. Hough, seconded by Comm. Rosenberger, to continue to next workshop meeting, June 24, with suggestion to consider reducing density ranges to a maximum of 24,000 people. So ordered. BOARD OF ZONING ADJUSTMENTS Proposal to increase the Board of Zoning Adjustments to seven members and to refer legal use determinations to the Board of Zoning Adjustments. Motion by Comm. Hough, seconded by Comm. Burt, to approve. Ayes: Comm. Burt, Chiu, Hough, Peirce, Rosenberger, and Chmn. Collis Noes: None Absent: Comm. Noble SCHOOL PROPERTY Consideration of proposed sale of school property to be continued to June 10. CONDOMINIUM CONVERSION ORDINANCE Chmn. Collis directed that this item be referred to the Development Committee. BICYCLE PATH Comm. Hough requested that a study of alternatives for the bike path plan be placed on the agenda for the next workshop. PLANNING COMMISSION MINUTES - May 28, 1974 Page 7 PROPOSED REVISED R-i R-2 AND R- ZONES Motion by Comm. Rosenberger, seconded by Comm. Hough, to set for public hearing on June 10. So ordered. B I LTMORE S 1 TE Proposed change of land use zone on Biltmore Site from C-1 to C-2. Chmn. Collis observed that with this zone change the Planning Commission would have no control, and if the City Council sold it, they would have no further control. Alternatives suggested were to designate the zone potential, requiring a precise plan before development; or for the City to retain ownership of the land and allow development by lease, as in the Redondo Marina area. Comm. Hough moved to continue to workshop meeting. Mr. Crawford will have background information and zoning options for the next meeting, and anticipates the public hearing in July. Comm. Collis will have information from the Downtown businessmen regarding their suggestions for this area. LOT SPLITS Revisions to Subdivision Ordinance and Zoning Ordinance relating to lot split. Motion by Chmn. Collis, seconded by Comm. Rosenberger, to schedule public hearing in July. So ordered. MOTEL -HOTEL DEFINITIONS Proposed Zoning Ordinance amendments. Motion by Comm. Rosenberger, seconded by Comm. Hough, to continue to workshop. So ordered. ASPO MEETING City Planner's report on ASPO meeting concerning a), Federal legislations and b) future of local planning. Mr. Crawford reported that the ASPO convention in Chicago was oriented toward the politics of scarcity. The Congress has been making new laws that will either pre-empt local planning or give it a new dimension. They will require states to establish land development policies for all renewable resources and for all land development in the state. Organizations such as SCAG may well be absorbed as part of the state, and organizations like the Coastal Zone Commission will become permanent. In regard to ecological areas, the state will have more to say about development than local govern- ments will. At the same time, individuals want to be a g"reat deal more active in government, and City Councils now prefer City Administrators rather than City Managers. Since the Federal push is to get more responsibility and more control at the state level, the conflicting factions will cause chaos. The state might possibly replace much of the planning now being done by the City, or might accept the plans of the City as the planning of the state. Comm. Rosenberger commented that there are a lot of sociological implications in these moves, and further discussions are needed. PLANNING COMMISSION MINUTES - May 28, 1974 Page 8 PUBLIC EDUCATION Comm. Hough said that one of the duties of the Planning Commission is the education of the people. She would like to add to the next workshop agenda a discussion of the kinds of things the Planning Commission might do for the education of the public. She said that the Planning Commission was to have had a report on Open Space at this meeting; and felt that there should be a workshop meeting with the Planning Commission, City Council, Park & Recreation Commission, Improvement Commission, and Board of Zoning Adjustments to discuss the philosophy of the Open Space decisions and the schools. They are meeting Wednesday, June 5, 7:30 p.m. in the City Council Chambers. At the next workshop or public hearing, she would like to discuss going back to two public hearing meetings per month. SIGN ORDINANCE REVISIONS Comm. Rosenberger reported on and conducted a review of the Proposed Sign Regulation Revisions, with changes or corrections proposed as follows: Section 258 - (36) - Temporary sign. In the last lines delete "limited" and 'only", to read "intended to be displayed for a period not to exceed sixty days." Add definitions (39) and (40) as written on eighth page. Add definition (41) to be a definition of "Commission" as used in Section 806 (F). Section 409. Delete (A) (5) and (B) (6) . Section 806 (A) (5) correct "election" to read "erection." Delete 806 (E) and substitute "(E) Rooftop Signs. No more than one (1) roof sign shall be permitted on any one commercial building." In (F), delete "any sign having a device, symbol, design or figure used as identification, other than numbers or letters." and substitute the following: "any sign, including window signs, having a trademark symbol unless the symbol is approved by the Commission." Add these words in C-2 and C-3 also. (J) After "Window signs." insert the words "Permanent and/or" temporary signs inside of (etc) . Restore the original item (H), shown as deleted, with correction as follows: (H) The exterior walls of the building painted or constructed of materials in more than one color, or values of one color, shall be construed as a sign at the discretion of, and shall require review and approval by, the commission." NOTE: word "planning" was deleted. In the additional item (H), second column, add a listing of the variety of signs to choose from. Re -letter corrected items. Note additions on eighth page. PLANNING COMMISSION MINUTES - May 28, 1974 Page 9 Section 807. Note deletions. In last paragraph entitled "Exception:" correct the 5th line to read: "the measurement shall be taken from either the elevation of the grade or the side- walk, whichever is higher," provided that (etc.). Add (E) on rooftop signs, same as in C-1. (F) Revise this item and be sure to include "window signs". Section 808 Restore (D) which is shown as deleted, adding "with a maximum of 125 square feet." Add item on second -story signs as in Section 806 (k). Motion by Comm. Hough, seconded by Comm. Rosenberger, to place the Sign Regulations Revisions on the June 10 agenda as corrected. So ordered. WALK A walk was scheduled for June 15, 9:30 a.m. at City Hall, to review the area north of Pier Avenue. Meeting adjourned at 12:30 a.m. CERTIFICATION hereby certify that the foregoing minutes were approved by the Planning Commission of the City of Hermosa Beach at a public hearing held on May 28, 1974. __000� GLORIA HOUGH, ACTING SECRETARY