HomeMy WebLinkAboutPC_Minutes_74.06.24MINUTES OF THE REGULAR MEETI�iiG OF THE PLANNING COMMISSION HELD IN THE CITY COUNCIL
CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, JUNE 24, 1974, AT 7:30 P.M.
Meeting called to order by A c t ing Chairman Rosenberger at 7:32 p.m.
ROLL CALL
Present: Comm. Burt, Chiu, Haller, Hough (arrived late), Peirce, and Comm. Rosenberger
Absent: Chmn. Collis
APPROVAL. OF MINUTES
Comm. Burt questioned the itern on page 10 of the minutes of June 10, concerning the
proposed disposal of school 1 and. He said the memo to the City Council uses the word
"disapproval", while the Comuni ssion, he felt, did not disapprove but pointed out the
conflict between the proposed disposal and the General Plan.
Motion by Comm. Burt, seconded by Comm. Chiu, to approve the minutes of the meeting of
June 10, 1974, of the Planning Commission as submitted.
Ayes: Comm. Burt, Chiu, Ho ugh, Peirce, and Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
APPROVAL OF RESOLUTIONS
Motion by Comm. Burt, seconded by Acting Chmn. Rosenberger, to approve P.C. 154-970 as
submitted.
Ayes: Comm. Burt, Chiu, Hough, Peirce, and Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
Motion by Comm. Burt, seconded by Comm. Hough, to approve P.C. 154-971 as submitted.
Ayes: Comm. Burt, Chiu, Hough, Peirce, and Acting Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
Motion by Comm. Burt, seconded by Chmn. Rosenberger, to approve P.C. 154-972 as sub-
mitted.
Ayes: Comm. Burt, Chiu, Hough, Peirce, and Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
Motion by Comm. Burt, seconded by Comm. Peirce, to approve Revised P.C. 154-946 as
submitted.
Ayes: Comm. Burt, Chiu, Peirce
Noes: Chmn. Rosenberger
Abstain: Comm. Haller and Hough
Absent: Chmn. Collis
PLANNING COMMISSION MINUTES - June 24, 1974
Page 2
COMMISSION BUSINESS
City Planner Crawford informed the members of the Commission that this is the last
meeting of the business year, and that the agenda of the next meeting will include
election of officers.
Comm. Hough asked the status of the Open Space Element. Mr. Crawford said that it is
being typed to be returned to the Planning Commission, with the addition of sections
required by the State Council Intergovernmental Relations. He said the deadline for
reporting to the State on the status of the General Plan is the first of October.
Comm. Hough suggested scheduling the public hearing for the Open Space Element at the
workshop meeting in July in order to get back on schedule.
Chmn. Rosenberger welcomed Comm. Haller to the Planning Commission.
22 PIER AVENUE
Referral from City Council: appeal of Planning Commission denial on Conditional Use
Permit for a cocktail lounge at 22 Pier Avenue.
Mr. Crawford slid that when an appeal is filed, the Planning Commission decision is
set aside and is null and void; City Council hears the item as a new request and the
action they take is substituted for the Planning Commission action. The minutes,
resolutions and testimony of the Planning Commission is part of the agenda material
and is reviewed by the City Council. They may hold additional public hearings and
determine whether the Planning Commission action was correct, or whether the Planning
Commission action was incorrect and/or the public hearings inadequate. If the City
Council overrules the Planning Commission, they must refer the matter, by State law,
back to the Planning Commission. It is required that the Planning Commission report
back within forty days or it is assumed that the Planning Commission approves. Whether
the Planning Commission approves the City Council action, or upholds its own original
action, the City Council is free to make their own decision, approving, denying, or
requiriAg.modifications.
After hearing new testimony, the City Council voted to overrule the Planning Commission
and approve the request subject to conditions initially recommended by staff with the
addition of a seventh condition "that there be a phasing in of on -premises hot meal
service within six months." The applicants agreed to the conditions.
Comm. Chiu asked the basis of the City Council action. Mr. Crawford replied that they
did not state specifically, but did find that the fears expressed by the Planning Com-
mission of a bar which could become detrimental would not be realized; and that the
City would have adequate control to protect the downtown area. He said the presence
of existing similar establishments in the area was not discussed.
Members of the Commission expressed a desire to hear additional public comment.
Alan Bird, Attorney, Berth 77, Ports of Call Village, San Pedro, representing the
applicants, said this site has been used since 1953 as an on -sale liquor dispensing
premise. He said it is not true that the premises will be used for the sale of beer
and wine; they will be used for a cocktail lounge, and food within six months. He
said each one of the conditions are certainly agreeable and have been made the conditions
of granting of the Conditional Use Permit. He said the building permit was issued on the
advice of the City Attorney prior to any advice as to the necessity for a Conditional
Use Permit; Alcoholic Beverage Control has approved the license; they have a lease until
1980 and have been paying rent; parking permits have been issued by the Police Department;
building permits and business license has been issued. He said all of these preceded
the requirement for a Conditional Use Permit, with cost of work on the building exceeding
$66,000.
PLANNING COMMISSION MINUTES - June 24, 1974
Page 3
Comm. Hough asked to see the menu. Mr. Bird presented a copy of the proposed menu
and said it contains both Phase I and Phase II; Phase I to be initiated at opening
and Phase II within six months, requiring a stove and other kitchen needs.
Comm. Burt asked when the information was received that a Conditional Use Permit would
be required. Mr. Bird replied that it was two weeks after they started work; someone
called and told them it was because the use:of the premises as a cocktail lounge had
lapsed for more than ninety days.
Comm. Chiu asked if beer will be served. Mr. Bird said beer would be served; it is
a cocktail lounge with a Type 48 license which does not require the sale of food
although they intend to anyway.
Comm. Peirce asked if there was not an item in the packet in which a downtown merchant
opposed the permit. Mr. Bird said a notice went out with a statement at the bottom
opposing any liquor establishment in the city signed by Jeans West; but that not one
group or person has come to any of the hearings to object.
Comm. Rosenberger asked for clarification of the requirement for public hearing on
this matter. Mr. Crawford said the permits issued specifically to Mr. Benini regarding
live entertainment, would have had to come before the Planning Commission, but are not
being requested. He said the liquor license was continuous until vacated for more than
ninety days; it was actually vacant for four or five months, well over the ninety days.
Comm. Burt said he still feels the same way, but in view of City Council action, will
change his vote.
Leon Albertelli, 81 Pier Avenue, said the City Council and the Downtovn Businessmen
have given unanimous approval.
Comm. Rosenberger said he can see a need for a cocktail lounge without the necessity
for serving food.
Motion by Comm. Hough, seconded by Comm. Chiu, to advise the City Council that the
Planning Commission has reviewed the proposed conditions and the City Council's
intended action, and that the Planning Commission agrees with the revised conditions.
The addition of food will improve the atmosphere set there, will be beneficial to
them, make their business more competitive, and improve the Downtown area. The Planning
Commission concurs with the City Council and with -the seven conditions, as follows:
1. That the permit is temporary for a period of six months and subject to review and
renewal or cancellation at the end of that time;
2. That all noise and music be confined to the premises;
3. That no live entertainment or dancing be permitted;
4. That hours of operation be 12:00 noon to 2:00 a.m. with no occupancy of the
premises after 2:30 a.m.;
5. That exterior and all signs be subject to review and approval by the Improvement
Commission;
6. That no electronic or mechanical coin -operated games are permitted; and
7. That there be a phasing in of on -premises hot meal service within six months.
PLANNING COMMISSION MINUTES - June 24, 1974 Page 4
Ayes: Comm. Burt, Chiu, Haller, Hough, Peirce, and Chmn. Rosenberger
Noes: None
Absent: Chan. Collis
Mr. Bird requested that the Planning Commission finalize the action now. Mr. Crawford
replied that the Planning Commission must announce its findings and recommendation to
the City Council. Since the Planning Commission action was set aside by the City
Council, the Planning Commission has no further authority at this point.
AMENDMENT #9
Amendment #9 (Land Use Element) to the General Plan, was continued to the June 24
meeting to consider reducing density ranges to a maximum of 24,000 people. Mr. Craw-
ford presented two possible plans for altering the density chart, the first having
four dens€Cy categories; the second having three density categories, and showing median
figures, The maximum density of the residential area of 481 acres would be 48.8
persons per acre in the first chart, and 52.7 persons per acre in the second chart.
Comm. Peirce suggested changing the housing units per acre from 0-11, 12-25, 26-40,
resulting in a total of 23,078 which would bring the figure in line with the zoning
ordinance, (using the second chart).
Motion by Comm. Burt, seconded by Comm. Hough, to adopt the chart changes suggested by
Comm. Peirce showing low density as 0-11, medium density as 12-25 and high density as
26-4o.
Ayes: Comm. Burt, Chiu, Hough, Peirce, and Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
Mr. Crawford said some zone changes will be required, which will be done after the
amendments are adopted.
Motion by Comm. Peirce, seconded by Chmn. Rosenberger, to change the area north of
16th and east of Palm from high to medium density.
Ayes: Comm. Burt, Chiu, Hough, Peirce, and Chmn. Rosenberger
Noes: None
Abstain: Comm. Haller
Absent: Chmn. Collis
The Commission confirmed changes detailed in May 28 minutes with some additions, as
follows:
Page 1. Resolution - delete D and E; add "Prepare separate open -space element to the
General Plan."
Page 2. H6-182 Project Description - end sentence after "medium density residential."
delete "and". 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 - June 24, 1974
Page 5
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. Revise according to density chart adopted, this meeting.
Page 5. Rewrite this page to conform to density changes adopted this meeting.
Page 6. Last paragraph, rewrite. Mr. Crawford suggested possible wording as "The
concept of the plan is to create the downtown area as a community shopping
center with an additional provision of some specialty shops and beach enter-
tainment businesses. Chmn. Rosenberger suggested adding encouragement of
local crafts to differentiate from commercial centers that are franchise -
oriented.
Page 7. Delete Parks and Open Spaces section, to be put into Open Space Element.
Rewrite Administrative and Civic Facilities paragraph.
Comm. Hough requested addition of a statement concerning the philosophy and use by the
people of the open space to relate this Amendment to the Open Space Element.
Mr. Crawford said the General Plan includes Imperial Mills site as Civic Center expan-
sion. It is possible that the City may want to consolidate between Clark Stadium with
public housing or Senior Citizen housing. He said the Plan does provide for expansion
of the governmental center to the south to connect with Clark Stadium. He said the
Amendment is now scheduled for the July 8 agenda.
ZONING SUBCOMMITTEE REPORT
a. R-2 and R-3 zones. Comm. Burt reported that no changes are recommended in R-2.
Mr. Crawford displayed a map showing the locations of 197 lots of less than 2400 square
feet which cannot be used for duplexes; 454 lots of less than 3000 square feet which
will become single-family sites if this ordinance is adopted; and lots of 3000 square
feet or over which may have duplexes. No lot of less than 3000 square feet could be
used for R-2 development if the change is adopted.
Comm. Peirce said the change would affect 454 lots, or roughly 1/3 of a total of 1232
lots. He said 197 of that total are already nonconforming.
Mr. Crawford said the changes are: from one unit per 1200 square feet to one unit per
1500 square feet; and from one duplex per 2400 square feet to one duplex per 3000 square
feet. He said the findings of the Planning Commission will be added to the preliminary
Environmental Impact Report before it is sent to the Board of Zoning Adjustments. About
ten empty lots will be affected by the change. He said that under the present ordinance
the density could be doubled by removing a duplex and putting up two duplexes in its
place; this would not be possible under the proposed ordinance.
Comm. Rosenberger asked for figures on the number of nonconforming dwellings that would
be created by changing the ordinance.
Comm. Haller asked why the proposed R-1 zoning reduces building heights to two stories
or 25 feet. Mr. Crawford said it is possible to build a three-story building within
25 feet with a flat roof, and a two-story building with gable or hip roof, and its
purpose is to preserve the views. He said no two-story buildings have been requested
PLANNING COMMISSION MINUTES - June 24, 1974 Page 6
with heights above 25 feet; that there were some requests for two-story buildings with
basement garage reaching 30 feet, but none reaching 35 feet. Chmn. Rosenberger said
that noise canyons are created by additional height. Comm. Burt said it is desirable
to avoid the sub -basement for parking which makes the house stick up above ground and
is unattractive.
Chmn. Rosenberger said that under the current ordinance two living stories can be built
above a sub -basement; and asked if under the new ordinance the garage would have to be
built completely below ground or be considered one of the stories. Mr. Crawford said
"So long as you stay below the 25 feet."
The R-2 zone change is scheduled for public hearing on July 8.
Regarding R-3; Comm. Burt said the subcommittee recommends change from 950 square.feet
to 1000 square feet in Section 605.
Comm. Peirce questioned the three foot sideyard setback in relation to architectural
decorations. Mr. Crawford replied that architectural decorations such as cornices are
allowed to encroach six inches.
Comm. Hough said there is confusion between the terms 'open space" and "recreation area"
in Section 604. The Commission agreed that these references should be standardized to
read "usable open space" in each instance. Comm. Hough said she believes there should
be no open space on roofs unless it is specifically improved and approved by the Plan-
ning Commission. Comm. Peirce agreed, saying that open space on the roof is really
not feasible and creates higher density use of the land than is warranted, and that if
it is to be allowed this section should be reworded to be very specific.
Chmn. Rosenberger requested that the question be referred to the Zoning Committee to
develop adequate criteria for clarifying Section 604, and requested that they consult
with the Improvement Committee on the matter.
Comm. Burt asked that Comm. Haller serve on the Zoning Committee.
Comm. Peirce asked that the agenda of the regular meetings of the Planning Commission
be sent to the Daily Breeze for the purpose of making the public hearings better known
to the public and increasing public input. Comm. Hough suggested giving the agenda
to Station KPOL to announce.
SEISMIC ELEMENT
Darrell Yagodich, Planning Intern, presented a Preliminary Report of the Seismic Safety
Element, and requested Planning Commission comments on the study before July 13. He
said the report contains geological data on the area following the outline prepared by
the Council on Intergovernmental Relations, but it is necessary to hire an expert as
consultant to complete the report in order to develop a workable program for seismic
safety.
Comm. Chiu asked whether a joint seismic study was being considered by the beach cities.
Mr. Crawford said that a consultant group is being hired by E1 Segundo, Redondo Beach,
and Manhattan Beach, and that Hermosa Beach can be included in this study for a cost of
$2400. The group will do a geological study and write a report which will be beneficial
to the City: for example, in showing what will happen to this kind of soil in the
different kinds of earthquakes that have occurred in the past; what will happen to the
buildings such as the apartments, which were not here in 1933; problems of flooding
resulting from breaking of supply lines; and the area of maximum security in the event
that an evacuation is necessary.
PLANNING COMMISSION MINUTES - June 24, 1974
Page 7
Comm. Chiu asked If a change of zoning might be indicated. Mr. Yagodich said the
whole city is in one zone as far as seismology is concerned.
ZONING SUBCOMMITTEE REPORT (cont'd)
b. Condominium conversions - Chmn. Rosenberger asked how much open -space is required
in this ordinance. Mr. Crawford said that any condominium would have to meet
Planned Development requirements In addition to the requirements of the ordinance,
and that the proposed ordinance concerns both new condominiums and conversions.
Comm. Hough suggested that a chart be drawn up showing the various requirements in
R-1, R-2, R-3, the C zones and PD.
Chmn. Rosenberger asked for clarification of definition #5 - Community Apartment
Project. Mr. Crawford said it is an apartment in which one buys the right of occupancy
and can sell it, but it is not described as a condominium. It is a cooperative apart-
ment.
Chmn. Rosenberger believed the statement in Contents of ApRilcation, page 2, to be
too general, and require criteria known to both the applicant and the reviewing body.
Regarding "sound community planning, the economic, ecological, cultural and aesthetic
qualities of the community, and on public health, safety and general welfare", the
Planning Commission should either delete or explain the material required. This is to
be taken up in Development Committee.
c. Definitions
Comm. Burt recommended that in Section 224.2 the word "transients" be replaced by the
term "paying guests". Chmn. Rosenberger said this item is scheduled for public hearing
July 8.
DEVELOPMENT SUBCOMMITTEE REPORT
a. Zoning of the Biltmore Site - Chmn. Rosenberger met with a member of the Downtown
Committee who is also a member of the Chamber of Commerce. These groups do not wish to
have C-1 and R-3 zoning with,C+2 potential, but C-2 designation. This is the last piece
of property available to enhance the City and should have a restaurant of two or three
stories, not apartments. The land behind the Biltmore site is R-3. For these reasons,
would like to see the whole parcel rezoned C-2. Concern has been expressed by the
Planning Commission that the City would lose control of the property. This is not so,
because the City Council would have the final say on lease agreements or deed restrictions.
Motion by Comm. Hough, seconded by Chmn. Rosenberger, to schedule the Biltmore Site
for public hearing to consider a zone change to C-2. Passed by unanimous voice vote.
b. New Legislation and AB 2090. - Comm. Chiu requested that the Planning Commission
indicate its support or opposition to proposed legislation at the state or federal
level and make its position known to the City Council. AB 2090 proposes to authorize
communities to require that a percentage of the units in a residential development be
made available for low and moderate income people. Some of the requirements are: that
the ordinance be in effect thirty days prior to implementation; include definite stan-
dards for determining the percentage; not apply to a development of less than ten units;
and there would have to be a housing element in the community. This does not impose
requirements on the cities, but is supplemental and additional to any authority held
by city commissions.
PLANNING COMMISSION MINUTES - June 24, 1974
Page 8
Comm. Chiu believes the Planning Commission should take an affirmative position on
AB 2090 and communicate that stance to the City Council so that the Council can
report to the appropriate persons in Sacramento.
c. Area dousing Council - Comm, Chiu reported that an Area Housing Council is a
joint venture between cities and counties coordinating the neighborhood areas. It
specifically provides for a funding source; up to 1/20 of 1% surcharge may be added
to the building permit fees, etc., which funds are collected by the Area Housing
Council to implement area housing planning, When a community adopts the area housing
plan, it receives half of its contribution back. It is then reviewed each year and if
making progress in implementing the plan, receives the other half of the contribution
back. it is important to have a housing element as it is necessary in order to
receive funding from sources such as revenue sharing, HUD, Better Communities Act,
etc. Comm. Chiu suggested to the Planning Commission to recommend to the City Council
that they investigate forming an Area Housing Council with Manhattan Beach, Redondo
Beach and perhaps other communities. The Circulation Element and Seismic Element
should also be worked together with neighboring cities.
Motion by Chmn. Rosenberger, seconded by Comm. Chiu, to recommend to City Council
endorsement of AB 2090 with copies of their endorsement sent to area legislators.
Passed by unanimous voice vote.
Motion by Chmn. Rosenberger, seconded by Comm. Hough to start communications with other
cities and enter into discussion with Redondo Beach and Manhattan Beach with the idea
in mind of forming an Area Housing Council. Passed by unanimous voice vote.
SCENIC CORRIDORS
Mr. Crawford said the Coastal Commission has requested the City to designate scenic
points and roads. The Open Space Committee was working on the same idea. He presented
a map showing scenic corridors and designating view points within those areas, the map
being subject to change in creation of the Open Space Plan.
Motion by Comm. Hough, seconded by Comm. Peirce, that the Planning Commission send
this map to the Coastal Commission and point out that it is not a scenic highway but
scenic vistas. Comm. Chiu suggested adding Gould to Ardmore, and Ardmore south to
5th Street. Passed, with additions, by unanimous vote.
SALE OF SCHOOL PROPERTY
Mr. Crawford said the State code requires some definite approval or disapproval of
the sale of school property, and the memo to City Council has been withheld to insure
that it is consistent with the Planning Commission's intent.
Wilma Burt, 1152 7th Street, representing Dr. Rogers, said she wished to bring to the
attention of the Planning Commission that since this is State land it has to be zoned
according to the adjacent land; and that the land area, according to the standards of
the state, Is inadequate to build an elementary school. To be sold it must, by state
law, bring a fair market price, the determination of cost made within sixty days, and
the purchase price within ten years.
Mr. Crawford said that in regard to the last paragraph of the Planning Commission memo
to City Council, the Planning Commission does not have a statement of the School Board
on their position. The Planning Commission should not change the General Plan until
there is an indication from the Board as to their plans.
PLANNING COMMISSION MINUTES - June 24, 1974
Page 9
The second paragraph from the bottom was revised to read "The General Plan, Land Use
Element and Open Space Element will have to be revised if these areas are to be used
for other purposes."
Comm. Hough said that she neither favored nor disfavored the request at this time.
Chum. Rosenberger said the Planning Commission cannot approve under its own laws with
the information presently available. Comm. Burt asked that the Planning Commission
send a copy of the revised memo to Dr. Joyce.
Motion by Comm. Hough, seconded by Chmn. Rosenberger, to send the revised memo to the
City Council with a copy to the School Board and the school staff. Passed by unanimous
vote.
The Development Subcommittee will meet Monday, July 1, at 4 p.m., to discuss the condo-
minium conversion ordinance.
The Zoning Subcommittee will meet Thursday, June 27, 4 p.m. to discuss the zoning
ordinance and use of roof as usable open space.
Meeting adjourned at 11:38 p.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 June 24, 1974.
JAMES ROSENBERGER, ACTING CHAIRMAN