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HomeMy WebLinkAboutPC_Minutes_74.11.13MINUTES OF THE REGULAR MEETING OF THE PLANNING CONNISSION HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON WEDNESDAY, NOVEMBER 13, 1974, AT 7:30 P.M. Meeting called to order by Chairman Rosenberger at 7:32 p.m. ROLL CALL Present: Comm. Burt, Chiu (arrived late), Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Absent: None Also present was Edward King, Staff. APPROVAL OF MINUTES Motion by Comm. Burt, seconded by Comm. Haller, to approve the minutes of the meeting of October, 28, 1974. Ayes: Comm. Burt, Collis, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Hough Absent: Comm, Chiu APPROVAL OF RESOLUTIONS Motion by Comm. Burt, seconded by Comm. Haller, to approve Resolution P.C. 154-991 as submitted. Ayes: Comm. Burt, Collis, Haller, Peirce, and Chmn. Rosenberger _Noes: None Abstain: Comm. Hough Absent: Comm. Chiu LEGAL DETERMINATIONS 429 29th Street Mr. King said staff recommends approval based on findings of Building Inspector, Mr. Clavell, and subject to Building Department requirements: 1. Remove door from garage to living -sleeping room and seal opening. 2. Door between bathroom and kitchen shall be a tight -fitting door. Public hearing opened 7:38 p.m. John Wilkins, real estate, Manhattan Beach, representing the seller, Louise Jacques, said he would like to see it a duplex, he went with the inspector to the property, and he has not seen the Building Department recommendations. Public hearing closed 7:40 p.m. Motion by Comm. Hough, seconded by Comm. Burt, to approve as a two -unit, legally nonconforming use, subject to Housing Code and with stipulations 1. and 2. as above. Ayes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: Comm. Chiu PLANNING COMMISSION MINUTES - November 13, 1974 Page 2 1523-1525 Manhattan Avenue/1522 Palm Drive Mr. King said staff recommends approval of two dwelling units and a sleeping room as legally nonconforming. (Comm. Chiu arrived) Comm. Haller requested a definition of a sleeping room, and a facility for a roomer. Public hearing opened 7:44 p.m. Cecil Wade said in his opinion a sleeping room would be one with no entrance other than through the main quarters of the building, with no outside enterance; and sleeping quarters would be like a bachelor apartment without kitchen. Comm. Chiu asked how it would be counted for purposes of code. Mr. Wade said it would come under zoning ordinances or under State Housing Act; it does not come under the codes in any way. He said sleeping room is used in terms of zoning, and could apply to a room in a hotel with no other facility except a bed; or could apply to a room rented out in a single family residence provided that there is no outside access to that room. Robert E. Courtney, 2617 Hermosa Avenue, presented copies of a declaration with various exhibits attached. He said he purchased the property in 1965 and has the deed received plus escrow instructions signed by Bank of America, Hermosa Beach, showing a two -bedroom apartment, a one -bedroom apartment, and a bachelor apartment. He said he has paid for a business license every year, the first was for four units (an error) and subsequently, for three units. The mailing address shows three units. Chmn. Rosenberger asked if Mr. Courtney is aware of staff recommendations. Mr. Courtney said this is the first he has heard of them, and will request approval of three units. He said the unit in question is a one -room bachelor apartment; ❑ne lady has lived there the whole time and is over 90 years old. There is a bar area, refrigerator and hot plate. Comm. Chiu asked if it is possible to add a kitchen; if there is room for additions. Mr. Courtney said he does not think so; the land level drops from the street to the alley; he will not build on. Chmn. Rosenberger said if approved as three units, it would be subject to housing code violations or repairs; under that premise would the applicant be willing to make repairs to make it three units. Mr. Courtney said he would be happy to meet with staff and discuss the different possibilities as to the best way to classify it, and continuance would cause no problem. Mr. Wade said the definition of sleeping room would depend on the zone; in R-3 the entrance would have no bearing. Public hearing closed 7:55 p.m. Motion by Comm. Collis, seconded by Comm. Burt, to continue with recommendation that the applicant, with the building inspector, inspect and make recommendations to be presented to the Planning Commission for consideration at the next regular meeting. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None PLANNING COMMISSION MINUTES - November 13, 1974 Page 3 2644 Hermosa Avenue/2643 & 2643k Palm Drive Mr. King said staff recommends approval of three units as legally nonconforming use. Public hearing opened 7:57 p.m. Donald McLarnan, 135 South Norton Avenue, Los Angeles, CA 90004, said this is a single family residence with two -car garage having an apartment on the second floor and an apartment in front of the garage. He said it was built that way, according to existing laws of that time, with no alterations; this has been inspected and confirmed. Public hearing closed 7:59 p.m. Motion by Chmn. Rosenberger, seconded by Comm. Hough, to approve as legal nonconforming subject to meeting minimum Health and Safety Code. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None 1830 Strand Mr. King said staff recommends approval of three units with only two parking spaces as legally nonconforming. Public hearing opened 8:03 p.m. Betty Rampey, 1728 Strand, said the owners are in France and know nothing about this; she has power of attorney. She said the property was purchased in 1961 as three units, and there has been an inspection. Earl Kenny, 36 19th Street, said he wants to go on record that there is a serious parking problem that should be considered. James M. Parker, 29 19th Street, said this had been a single family dwelling, and the people went away because they were unhappy with congestion and parking problems. Mrs. Rampey protested that this property has never been used as a single family dwelling; have been paying for licenses every year; have had three tenants; and were denied a license this year. She said they have no intentions of selling. Geraldine Parker, 29 19th Street, said she would like to see this questioned, and an inspector go through and find out; approximately 9 or 10 people are living there now. Mrs. Rampey said five people are living there. Chmn. Rosenberger said staff recommendations show that the field inspection verified that the construction has existed since 1950; the three units and two parking spaces have been used for 24 years. He said that based on information available to the Commission, it will no be necessary to wait for the Boisseaus to return; the dwelling has been inspected and a finding will be made in this meeting. Public hearing closed 8:12 p.m. Motion by Comm. Collis, seconded by Comm. Hough, to approve as legal nonconforming subject to meeting minimum Health and Safety Code. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None PLANNING COMMISSION MINUTES - November 13, 1974 Page 4 635 Longfellow Avenue Request of G. Manion to split a combined lot at 635 Longfellow Avenue. Mr. King said that at a previous meeting the request was denied, in a review but not a public hearing. He said the City Attorney has ruled that a public hearing is required as property is affected. No new information has been presented. This has been advertised as a public hearing. Public hearing opened 8:14 p.m. Emmett and Ginette S. Manion, 635 Longfellow Avenue, reviewed their request for a lot split, to put a single family dwelling on each lot. Chmn. Rosenberger said the Planning Commission is not trying to take away rights to develop two units, but is not encouraging the small lots which are below minimums. The lots, if split, would have 2500 sq. ft. each -- the minimum is 4000 sq. ft. Comm. Collis said the city has a minimum land area reglirement where lots have been combined by building over a property line. The combined lots offer more flexibility in design. He said the Manions' request does not conform with the zoning, and is a request for a spot zone where they would enjoy an advantage that the people to the west do not have. He noted that no further information had been offered. Mr. Cecil Wade said he has done research on this matter and passed to the City Attorney information on a similar case that was upheld in apellate court. He said that legally the Planning Commission is creating inverse condemnation by lowering property values in declaring two lots of record to be one lot. He said he does not think it is right of the Planning Commission or City Council without court action. A. E. Stone, Jr., 634 Longfellow Avenue, said the double lot to the east has been split and it looks like discrimination not to allow Mrs. Manion to do the same. Comm. Burt said the City Council passed an ordinance concerning lot splits about six months ago. Comm. Hough said the purpose was to maintain the character of the street, to preserve open space, and prevent canyon effect. Comm. Collis said the building is not restricted to a duplex; there might be a duplex, or one single-family home. He said in the R-2 zone no more than two units can be built anyway; it is a matter of how it is developed. Comm. Haller added that it is also possible to build two townhouses which will not look like a duplex. Mr. Wade said he does not believe the value would be the same; that single family dwellings would sell for $10,000 each more than townhouses. Herb Basant, 2207 Pacific Coast Highway, said he wanted to compliment the Commission for working for more open space. Public hearing closed 8:45 p.m. Motion by Comm. Hough, seconded by Comm. Burt, to approve the lot split. Ayes: Comm. Peirce Noes: Comm. Burt, Chiu, Collis, Haller, Hough, and Chmn. Rosenberger Absent: None PLANNING COMMISSION MINUTES - November 13, 1974 Page 5 Motion by Comm. Collis, seconded by Comm. Hough, to adopt Resolution P.C. 154-992 denying the request to split the combined lot at 635 Longfellow Avenue for the following reasons: 1. the general neighborhood consists of combined lots and the Planning Commission is trying to maintain that type of character 2. the lot area consisting of 5000 sq. ft. permits greater flexibility of design 3. the act of splitting the lots to permit single family dwelling sites is not keeping with the general character of the area 4. the act of splitting the lots does not reduce the density Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, and Chmn. Rosenberger Noes: Comm. Peirce, said he voted against the majority because with three houses to the east in good taste and an additional two houses to the west, it would not change the nature of the neighborhood. Absent: None CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES Request of Marcel Collette for a conditional use permit for the sale of alcoholic beverages in conjunction with a restaurant. Mr. King said staff would like to point out that based on one parking space per 300 sq. ft. of floor area, seven spaces would be required, and 20 parking spaces will be provided. He said the structure currently is residential use in a commercial zone and the applicant indicates garden improvements along the street. Also, staff has received copies of a report from some of the citizens regarding their position on the proposed transformation. Mr. King called attention to the five recommendations made by staff provided the request is approved. Chmn. Rosenberger read the petition from residents opposing the permit for sale of alcoholic beverages. Public hearing opened 8:54 p.m. Marcel L. Collette, 25232 Tandem Way, Torrance, CA, said his intent is to establish a' high class French restaurant, surrounded by gardens and space. Liquor will be served only to those who come for meals. He said it will not be a noisy place. He is a retired University professor and intends to run a quality restaurant like the ones in his own country. Chmn. Rosenberger asked if Mr. Collette had seen a copy of the staff recommendations or conditions attached to the permit. Mr. Collette said he had not seen them, but everything required will be done. He said the hours will probably be from 11 a.m. to 11 p.m. Perhaps from 11 a.m. to 2, and from 5 p.m. to 11 p.m., with no entertainment. Comm. Chiu asked if he has seen the petitions from residents concerned about traffic. Mr. Collette said there will be traffic during certain hours, but no noise. He said from Pacific Coast Highway they will enter in front of the house on 24th Place and then enter the parking lot, driving only the length of the building. Behind the parking lot is theparking area of another house, and behind the restaurant there is a garage. PLANNING COMMISSION MINUTES - November 13, 1974 Page 6 Comm. Hough asked what kind of restaurant experience he has had. Mr. Collette said none; his experience has been as a client of the Sent European restaurants, and as a connoisseur of wines. He said he'is also a good cook. Comm. Chiu asked how many parking spaces are being provided. Mr. Collette said 21 is his estimate and also the estimate of staff. He will have seating for about 80 people. He said he can expand the parking and will do anything required, but it would not be realistic to make the parking area too big, as all the people do not come at once, and it would spoil the garden. Comm. Collis said the Planning Commission should be concerned with the traffic congestion in that area, but it is not a part of this develop- ment and to ask the applicant to relieve a problem already there is unfair. He said if seven spaces are required, and 20 will be provided, that should be sufficient. He said he believes this plan will be an asset to the community. Mr. Collette pointed out the parking and garden areas on the sketch. He said the fences will be covered with high plants, with smaller plants along the street and the wall. Sam Wallace, 2447 Pacific Coast Highway, said he was before the Commission earlier when they wanted to use this property for a residence, and the people protested its use as a residence; they wanted it developed commercially. He said there are seven more lots available if Mr. Collette needs to expand his parking area. Mr. Wallace said dirt had been removed to relieve pressure on the wall, and more dirt could be removed if Mr. Collette wants to use that space. Pat Baron, 740 24th Place, said the restaurant idea sounds good; they are concerned with parking and the retaining wall. She said they have the adjacent property and are concerned about the safety factor. She said it was inspected three times and should be on record; the decision was that there should be only foot traffic on the back two lots. She suggested a medical facility for development on the property. Comm. Peirce asked if her only concern is with the safety of the parking in the back of the area, and if she would oppose the restaurant if this area could be brought up to city code. Mrs. Baron said her second concern would be ingress and egress from the highway; she is not opposed to the restaurant. Henry Rado, 720 24th Place, said they do have a traffic problem on 24th Place and an increase in traffic perhaps due to 24th Street having been made one-way. 24th Place is posted one -tray on the south side. He said that due to the construction of the build- ing, he believes the service entrance will be on 24th Place; the egress of the parking lot would have to be from Sepulveda or Pacific Coast Highway. He said the property owners are cognizant of the value of the commercial property, and aware of it when they purchased their property, but do have a congested traffic problem. Jack Fbster, 647 24th Place, said their traffic is worse since 24th Street one-wayed, and traffic is very fast. He said people approaching the restaurant from the west could beat the signal only by using 24th Place. He suggested making it a cul-de-sac. Comm. Collis said the objection does not seem to be to the restaurant operation but only to the circulation problem in the area. Bob Mercer, 651 24th Place, suggested putting this off until the traffic problem is settled; apartment people do not use their garages; and there is not ample driveway space. He said there is no major objection to the restaurant. Darwin Shermer, 730 24th Place, said if there was congestion going in and out of the parking lot, those who live there could not get in and out. PLANNING COMMISSION MINUTES - November 13, 1974 Page 7 Herb Basant, 2207 Pacific Coast Highway, asked for delay until they find out what the restaurant will do about the parking; parking is the problem; no objection to a nice restaurant. Pat Baron asked whether there are plans to rebuild the retaining wall. Mr. Collette said he knows nothing about it; it has been inspected. Public hearing closed 9:48 p.m. Motion by Comm. Collis, seconded by Comm. Burt, to approve subject to final approval before a business license is issued and subject to the following conditions: 1. Sale of alcoholic beverages with meals only. 2. Provision of adequate parking (20 spaces suggested). 3. Permit is to this applicant only and any transfer of operation must be reviewed by the Planning Commission. 4. Provision of driveway and curb on 24th Place. 5. Paving of the parking area. 6. Site plan to be provided by the applicant indicating topography, parking, egress and ingress, landscaping; to be reviewed by City Engineering Department. 7. Solution to the problem along the west line regarding the retaining wall. 8. Planning Commission should request the City Engineer to investigate the traffic circulation problem on 24th Street and 24th Place, considering pros and cons of entering from Pacific Coast Highway, with recommendations to be presented at the next meeting if possible, or no later than the following meeting. 9. Suggested hours of operation similar to those of Ricardo's. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None Comm. Collis asked that a letter be directed to staff to the attention of Public Works Department or City Engineer that it has been brought to the attention of the Planning Commission that circulation problems exist in the 24th Street and Place area due to recent one-waying of 24th StrgQt, and there appears to be lack of enforcement of current no parking requirements. This should be given immediate attention and a report submitted to this Commission at their regular meeting of December 9th. He asked that the petitions of the residents be attached to the letter. Motion by Comm. Collis, seconded by Comm. Hough, to adopt Resolution P.C. 154-993 recommending that the conditional use permit be granted, allowing the sale of alcoholic beverages in conjunction with a restaurant, being in conformity with the current zone, C-3, and all of the requirements for parking have been met. Include findings from the motion above. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None PLANNING COMMISSION MINUTES --November 13, 1974 Page 8 Comm. Collis left the meeting. AMENDMENT NO, 9 Public hearing continued from October 28. Public hearing opened 10:13 p.m. No one wished to be heard. Closed 10:13 p.m. Comm. Haller suggested adopting Amendment No. 9 with the changes, designating the corner of Herondo and Valley as a special study area. Comm. Burt said he would like to have it referred back to Zoning Subcommittee. Comm. Peirce suggested approving the three changes listed. Chinn. Rosenberger said the additional changes suggested were given only verbally, and must be presented in written form so they can be evaluated. He said the city has hired a consultant who will have a report ready by next meeting or the first meeting in December; this information was received at 5 o'clock this evening. Motion by Chmn. Rosenberger, seconded by Comm. Hough, to put in abeyance until a complete report is submitted. Comm Hough requested copies of Amendment No. 9 as far as it is developed, showing all changes to date. Ayes: Comm. Burt, Chiu, Haller, dough, Peirce, and Chmn. Rosenberger Noes: None Absent: Comm. Collis FINAL REVIEW OF LEGAL DETERMINATIONS Motion by Comm. Burt, seconded by Comm. Haller, to approve final review of legal deter- mination for: a. 1157 Ninth Street b. 2142 Circle/2147-49 Monterey c. 1839 Manhattan Avenue d. 901 Aviation e. 1850 Hermosa/112 - 19th Street f. 1427 Monterey/1426-28 Bayview g. 1430-14301-1432 Bayview h. 1901 Palm Drive/115 - 19th Street Ayes: Comm. Burt, Chiu, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: Comm. Collis Comm. Peirce questioned the reason for the present procedure of making preliminary legal use determinations, requesting review by City Attorney, followed by final review of legal determination. Chmn. Rosenberger requested a report from staff on the reason for this policy at the next meeting. FEDERAL FLOOD INSURANCE PROGRAM Mr. King said no action need be taken on this item but any recommendation or comments can be forwarded to the City Council. Hermosa Beach has been designated as a community where the flood zones apply. PLANNING COMMISSION MINUTES - November 13, 1974 Page 9 Comm. Peirce said the Valley area has new storm drain and is no longer in a special flood area; this will increase the cost of housing to people in the area unnecessarily. Comm. Chiu said the city would have to do land use changes in order to allow anyone in this area to apply for FHA or any kind of loan. Chmn. Rosenberger said than being on the coast, the city cannot deny that there are flood areas. He moved to send a letter to the City Council saying that the Planning Commission has reviewed the Federal program for flood control insurance and requests. the City Council, through the Engineering Department, to investigate whether the map sent to the city by the Federal Government is accurate as to inland areas of the city designated on the map as flood zones, taking into consideration the flood control safety procedures in the Valley area. So ordered. RESIDENTIAL PLANNED UNIT DEVELOPMENT MODIFICATION Comm. Haller said the Planned Development ordinance went to Zoning Subcommittee for changes from gross to net, and was then sent to Development Subcommittee for the required findings. Comm. Rosenberger said the latest changes will be xeroxed and made available at the next meeting. Motion by Comm. Hough, seconded by Comm. Haller, to review the Planned Development Ordinance at the next regular meeting, and set for public hearing on December 9th. Ayes: Comm. Burt, Chiu, Haller, Rough, Peirce, and Chmn. Rosenberger Noes: None Absent: Comm. Collis REPORTS OF SUBCOMMITTEES Zoning Subcommittee Comm. Haller reported that following the joint workshop of Planning Commission and Board of Zoning Adjustments, the Zoning Subcommittee met, with two members of the Board of Zoning Adjustments attending, to consider their objections and suggestions. She suggested that the Planning Commission consider the results of that meeting, after which the Subcommittee will write the final draft of a resolution for each of the zones. It can then be set for public hearing. Review of subcommittee report: R-1 1. Leave height at 25' (delete remainder of sentence). 2. Front set back - minimum of 10% of lot rather than 10'. 3. Reword for clarity. 4. Remove restrictions on roomers, but reword to simplify verbiage. 5. Space between buildings - leave at 8' rather than reducing to 6'. R-2 1. Leave as written originally. 2. Height 30'. 3. Leave at 1500 sq. ft. per unit. Comm. Peirce requests a count of usage of R-2 lots in the NW area 4. Chmn. Rosenberger agreed that better communication is necessary;suggested press release. PLANNING COMMISSION MINUTES - November 13, 1974 Page 10 R-3 Commissioners agreed that Conditional Use Permit is necessary; design review board does not duplicate the functions of the Planning Commission, and has no enforcement powers. Comm. Hough requested that a letter be directed to City Council asking the results of the City Attorney review of the Commission's letter regarding review of Environmental Impact Reports sent in August. Develo went Subcommittee Comm. Chiu reported on the types of questions that were suggested for subcommittee consideration: 1. Capital Improvement Program 2. Housing Element 3. Parking policies 4. Energy Conservation 5. Summary of all required findings used in Planning Commission actions. He asked if the Planning Commission had any preference as to priorities. Comm. Burt said the Housing Element should have priority. COMMISSIONERS' NEW BUSINESS Comm. Hough noted that according to the Improvement Commissions minutes of October 24, Dewey Weber was altering his construction plans, which were approved under Conditional Use Permit with certain conditions. She requests a report from staff as to the changes he wants to make and whether they will require a review of the Conditional Use Permit. She requested that this be added to the next agenda. Comm. Peirce said the school board has requested of the Board of Zoning Adjustments a lot split; and from City Counciy, a General Plan change on Hermosa View. They are not coming coming to the Planning Commission. Comm. Burt said if the parcel is more than four lots it must come to the Planning Commission. Chmn. Rosenberger said the Planning Commission can get a report by the next meeting. Mr. Ring said they have advertised a zone change in the Review and it was a mistake as they are already R-1. Meeting adjourned 11:25 p.m. CERTIFICATION I hereby certify that the foregoing minutes were approved by the Planning Commission of the City of Hermosa Beach at a public hearing held on the 13th day of November, 1974. 11 r. i JIM ROSENBERGER, CHAIRMAN S ;