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HomeMy WebLinkAboutPC_Minutes_75.01.13MIN VTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, jANUARY 13, 1975, 7:30 P.M. Meeting called to order by Chairman Rosenberger at 7:34 p.m. ,TOLL CALL Present: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Absent: None Also present was Anne Palatino, Planning Aide. APPROVAL OF MINUTES On page 2, in Res. 154-995, Comm. Peirce questioned whether it should read 25% open space, as written, or 35% open space since lot coverage shall not exceed 65%. Motion by Comm. Burt, seconded by Comm. Collis, to approve the minutes with request for answer to the above question. Ayes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent:, None Abstain: Comm. Chiu (absent at previous meeting) APPROVAL OF RESOLUTIONS Correction to the third Whereas: delete "substantial" and insert "substandard". Motion by Comm. Burt, seconded by Comm. Collis, to approve Resolution P.C. 154-995 with correction noted. Ayes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None Abstain: Comm. Chiu Motion by Comm. Hough, seconded by Comm. Burt, to approve Resolution P.C. 154-996 as submitted. Ayes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None Abstain: Comm. Chiu Motion by Comm. Burt, seconded by Comm. Collis, to approve Resolution P.C. 154-997 with correction: in third Whereas, delete "county" and insert "counting". Ayes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None :abstain: Comm. Chiu PLANNING COMMISSION MINUTES - January 13, 1975 page 2 Motion by Comm. Collis, seconded by Comm. Burt, to approve Resolution P.C. 154-998 as submitted. :yes: Comm. Burt, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None Abstain: Comm. Chiu Motion by Comm. Collis, seconded by Comm. Burt, to approve Resolution P.C. 154-999 with correction: in A. , delete "9, 986" and insert "19 , 986" . Motion passed. DETERMINATION OF LEGAL USE 637 Manhattan Avenue Request by Mary E. Stehman for recognition of two units. Miss Palatino said staff feels this is a building -related matter and the Building Department recommendations are adequate. Comm. Hough said the Planning Commission usually receives Building Department recom- mendations; she requests for the record why staff recommendations are not included. Chmn. Rosenberger directed that a memorandum be sent to,the Building Department to that effect, and Comm. Hough added that copies should be sent to Mr. Diller and the City Council. ublic hearing opened 7:44 p.m. Dick Williams , 319 Gentry Street, representing Mrs. Stehman as broker, said the records were probably furnished by Mrs. Stehman. He said the building was built as a duplex in 1949 and has not been touched except for maintenance; County Assessor's records show a lower unit as a bachelor on the original plans. She volunteered to have the city inspect; Mr. Clavell and one other inspector said there was no evidence of a bootleg. The two -car garage is usable and was legal at that time. Chmn. Rosenberger said the application for building permit shows proposed use as single family. Mr. Williams said originally the Stehman's mother-in-law was to have occupied the bachelor unit, but plans were changed and it was rented from the start; it is on tax records as two units. Public hearing closed 7: 48 p.m. Comm. Collis requested information on the minimum unit size as required by the State Housing Code. Comm. Peirce noted that the Los Angeles County tax record shows a laundry in the corner of the unit, and there are now a kitchen and bathroom in the unit. Motion by Comm. Collis, seconded by Comm. Peirce, to approve subject to the provision that it meet the minimum state area requirement for liveability. PLANNING COMMISSION MINUTES - January 13, 1975 page 3 Comm. Hough said they have no evidence of permits granted to create the bathroom and change the laundry room to a kitchen. She said she would prefer to continue the item in order to talk to Mr. and Mrs. Stehman. Second and motion withdrawn. 'lotion by Comm. Collis, seconded by Comm. Peirce, to continue to the next regularly scheduled meeting and ask applicant to be here if possible. Also request staff determination of the actual minimum square footage required by State Housing Code of that time; and if less than it is today, an opinion of the City Attorney on how to handle the situation. Ayes: Comm. Burt, Chiu, Collis , Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None 428 25th Street Request by Charles L. Marshall for recognition of two units. Public hearing opened 8:02 p.m. John Golden, 3600 Strand, Manhattan Beach, said he bought the property with the under- standing that it was R-2. He said a permit was issued in 1943 to fix up the downstairs; at that time the garage was eliminated and turned into another unit which it has been since that time. He said it was listed as R-2 legal non -conforming. Miss Palatino said the property is in the R-2 zone but due to lot size, the legal use is R-1. ,omm. Hough asked if it was legally developed as R-2 at the time. Comm. Haller said that it is listed as no off-street parking, but the curb cut is still there, and asked if cars park in the driveway. Mr. Golden said they do, and there is also an on -street parking space designated in front of that driveway. He said he is trying to get a legal determination, and that he has a paper signed by Pat Brown. Public hearing closed 8:12 p.m. Comm. Peirce said, in reference to the paper mentioned, that Pat Brown signed a section saying that it is based on city records and visual inspection, clearly states that there is one unit on the property, and "recommended that further investigation be conducted." Chmn. Rosenberger said it appears that the records were not coordinated; the conversion took place a minimum of 30 years ago with permits , and he sees the action of the Planning Commission as confirming legal non-conformance. Motion by Comm. Burt, seconded by Comm. Chiu, to approve as legally non -conforming. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None PLANNING COMMISSION MINUTES - January 13, 1975 W page 4 45 - 16th Street Request by Larry V. and Sandra L. Tomazewski for recognition of three units. _✓Liss Palatino said three units now exist on the property; there is no indication of the time of conversion but it probably dates from the 1920's. Public hearing opened 8:18 p.m - Larry Tomazewski, 45 - 16th Street, said the records show that permits were issued, there is a three -car garage, and access to the third unit, which is not now in use. He said they purchased the property about seven years ago, and would like it to be considered for the purpose for which it was converted. Mrs. Tomazewski said they were notified by the city that records were being brought up to date; she has collected plans and records from the County Assessor's office, affidavits from neighbors and tenants, and they have a business license. Public hearing closed 8:21 p.m. Motion by Comm. Hough, seconded by Comm. Peirce, to approve as three -unit legal non- conforming. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger. Noes: None Absent: None Comm. Peirce noted that the applicant said he has submitted records to the city which are not in the packets. Chmn. Rosenberger directed that a memo be sent to the City Manager, City Council and Building Director expressing the Planning Commission's dissatisfaction with the procedures used in writing up the information for this packet, and that they would like to have a member of the Building Department present who has direct knowledge of the matters under consideration. He asked that the memo be sent directly, and that the Planning Commission receive a copy of it. Unanimously approved. So ordered. Mrs. Ebey said that more help is needed in the Building Department; they have only two inspectors and no Building Director. Chmn. Rosenberger said that information should go to the City Council. CONDITIONAL USE PERMIT - SALE OF ALCOHOLIC BEVERAGES Request by Roger Stone for Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant, with entertainment. Miss Palatino read the staff recommendation and conditions,. Roger Stone, 326 Manhattan Avenue, Hermosa Beach, said in regard to parking that the high school district offices parking lot is available after five, with 20 spaces. He said his hours would be 11:30 a. m. to 1:30 p. m. for lunch on weekdays; 5:06 P. M. to 11:00 P. M. )n weekdays; 11:30 a.m. to 11:30 p.m. on weekends. He also said he would close at PLANNING COMMISSION MINUTES - January 13, 1975 She will establish a meeting date to review the changes suggested by City Council. Public hearing opened 9:42 p.m. No one wished to be heard. Closed 9:42 p.m. Motion -by Gomm Peirce, secondedby Comm. Hough, to continue to the next regular meeting of January 27, 1975. So ordered. 2447 PACIFIC COAST HIGHWAY A memorandum was received from Edward T . Putz , Assistant City Engineer, in answer to Planning Commission request for a traffic study. Chmn. Rosenberger read the memo for the benefit of the audience and said they may get copies from the Engineering Dept. Several residents from 24th Place asked that the entire neighborhood be notified when this appears on the agenda again. Chmn. Rosenberger said the city will try to notify everyone who signed the petition. A resident said the neighbors object to the sale of liquor; several Commissioners recalled that no objection was made to the sale of liquor, but to parking, traffic, and concern about a retaining wall. Move to continue by Chmn. Rosenberger to await staff report at the next meeting. 420-504 24th PLACE Request by Frank Ramogida for permit for wet bar installation in two single-family residences. Comm. Chiu said present policy is that the Building Department will review requested permits for wet bars and bring before the Planning Commission only if there is some problem. Chmn. Rosenberger said that since there is no recommendation from staff, this item will be referred back to staff with request for a response in regard to whether this matter should come before the Commission, and if so, there should be a staff recommendation. Frank Ramogida, 5815 Doverwood Drive, Apt. 29, Culver City, said he is building for resale and was directed by both the plumber and the Building Department to come to the Planning Commission, so he wrote the letter and sketched the floor plan. Chmn. Rosenberger said it displeases the Planning Commission not to be able to act upon this but they are not sure of ramifications of taking action without staff input. There is no information as to review, approval or recommendation by the city. This should be before the Planning Commission again in two weeks with recommendation and staff report from the Building Department. He said his recommendation to the applicant would be to call Building Director Pat Brown and if he does not receive satisfaction, to go to the City Manager. Comm. Collis said the Planning Commission has certain procedures under which they operate and they should not take any action without those procedures being followed. PLANNING COMMISSION MINUTES - January 13, 1975 page 9 1332 STRAND Request from Don Sciarrotta, Quantum Recording Company, 1425 Marcelina Street, Torrance, for approval of putting in a recording studio at 1332 Strand. No staff report. Chmn. Rosenberger asked if this business is legally allowed in C-2. Comm. Collis said the Planning Commission is in no position to make a decision due to lack of information. Motion by Comm. Collis, seconded by Comm. Peirce, to continue to the next meeting for staff report. Don Sciarrotta, 1306 Sartori, Torrance, said• the Business License Dept. told him that the area is zoned for recording studios and he would need approval from the Planning Commission. He said he bought the property and made a deposit subject to approval of the business. He said the Business License Department told him the only thing the Planning Commission would want to know is that he is not going to make noise. Comm. Chiu asked if they did not mention parking or hours of operation. (negative) . Chmn. Rosenberger said the Planning Commission cannot act because there is not enough material to make a decision of any kind. Comm. Collis suggested that the applicant go to the Planning Department and explain the problem to the Director of Planning. Mr. Sciarrotta said he went to the Planning Department originally and they sent him to the Business License Department. Comm. Chiu suggested that he contact the City Manager. 1200 HERMOSA AVENUE Complaint to Planning Department regarding operations at Shenanigan's Restaurant, stating that: 1) Part of the menu was dropped; 2) Alcoholic beverages are being served without meals, and 3) Electronic games are in use. Miss Palatino said a memo was sent to City Manager and City Attorney regarding the use of electronic games but there has been no response. She said the games were mentioned in the minutes of May 13th but were not mentioned in the conditions. Comm. Hough said the first time the applicant came before the Planning Commission, it was decided to have no games. The second time they did not ask for games and so it was not written into the Conditional Use Permit. About that time a law was being considered concerning games, which came back saying they could not be forbidden, but saying nothing about electronic games. She said they should look at the minutes of those meetings and review the Conditional Use Permit. Comm. Collis said the second time the applicants came in they asked only for serving of alcoholic beverages with meals. He said the intent of the Planning Commission was to allow no games, and suggested sending a letter fo City Attorney as to the intent of the PLANNING COMMISSION MINUTES - January 13, 1975 page 10 Planning Commission and asking him to review the whole packet in regard to that piece of property. Comm. Hough said Item 1 of the complaint does not concern the Planning Commission; part of the menu can be eliminated. Item 2 seems to be covered in the memo. Item 3, inform the City Attorney of the intent of the Planning Commission and ask for his recom- mendations. Chmn. Rosenberger said the owner should attend the six month review. He said condi- tions can be changed but they should be requested by the owner. He directed that a letter be sent to the City Attorney, the contents to be determined from the minutes of this meeting and previous meetings. Comm. Collis asked that copies of the letter be included in the packet for the next meeting so the Planning Commission will be aware of the infor- mation forwarded. So ordered. COMMISSIONERS' ITEMS Comm. Hough requested correction of the minutes of the December 9, 1974 meeting, page 11 to read: "Comm. Hough said she called in about an illegal body shop operating out of a garage behind the Marina Liquor Store, and also there is an explsed cable for Cable T.V. in the alley on the west side of the Surfboarder. , , She said, to her knowledge neither one has been corrected; and also she had asked, at the last meeting, for a report on the oil rig next to South Park. Chmn. Rosenberger said the rig was apparently needed to restart the well, but is gone now. Comm. Haller said the Planning Commission passed Amendment #9 but it was not completed to their satisfaction, and asked if it could be put back on the agenda. Chmn. Rosenberger said it would go before City Council on Tuesday, January 14, and the Planning Commission will have to wait until it comes back. Comm. Peirce said the Planning Commission has inquired about cars illegally parked on the dirt lot behind the old Datsun property, and asked if the cars have been removed. Comm. Burt said people are still parking on that lot. Comm. Collis said the Police Department will not go in unless called by the owner. Chmn. Rosenberger said it is a zoning ordinance violation, and asked for a report from the Planning Department at the meeting of January 27, as to whether that department can take action against the owner. Comm. Peirce said he has asked for a copy of the Ross condominium judgement (for each Commissioner), copies of the current condominium ordinance, and a plot plan for the lot split at the water tower property being sold by the school. He asked the disposition of the Oldaker case. Chmn. Rosenberger said it was discussed at the December 10 meeting of the City Council. He said the City Council concurred with the Planning Commission in denying Mr. Oldaker's request. The City Attorney said he is negotiating with the attorney of Oldaker to work out a solution. Chmn. Rosenberger asked how he could do that when the decision was to cease and desist. The City Attorney said it was a keystone case because upon it will rest PLANNING COMMISSION MINUTES - January 13, 1975 page 11 subsequent cases. Chairman Rosenberger said he did not consider this a satisfactory answer, and feels that some kind of follow-through by the city is needed in these maters. Comm. Burt requested, on December 9, the date by which the car wash was to have raised its sign four feet. Comm. Haller recalled that the Planning Commission had requested a meeting with the City Council and asked if a memo had been sent to that effect. Chmn. Rosenberger said a meeting was requested in September but the City Council wanted the Planning Commis- sion to meet with the Board of Zoning Adjustments first, which they did. The Commissioners decided to direct staff to send a letter to the City Council requesting a joint meeting as soon as possible because from what they have seen of the agenda at this meeting, the situation is deteriorating rapidly and there needs to be more direction and input on the part of the city. Comm. Collis said if a meeting cannot be scheduled very quickly he intends to resign. The letter should further state that if a meeting cannot be scheduled within the next couple of weeks, the City Council should send some response as to what they expect of the Planning Commission. The letter should contain a partial agenda, to include the Sign Ordinance, the Bootleg Ordinance, R-1, R-2 , R-3 , and the Environmental Impact Report request, and Amendments #9 and #11. Chmn. Rosenberger said the Planning Commission has not been able to pass many things ahead to the City Council, is not getting staff support, nor responses to reasonable requests made by the Commission or individual Commissioners for basic information. He said there is no communication between the various departments; and that continuing in this manner would be to the detriment of the citizens. Comm. Hough requested that copies of the letter be in the packet with the items listed as a partial agenda. The Commissioners require this letter to be on the City Council agenda of January 14, 1975. Mr. Becker said he would like to see this on the agenda tomorrow night (Jan. 14) and he thinks the citizens could interject something to the City Council on this .matter. Meeting adjourned 10:56 p.m. CERTIFICATION I hereby certify that the foregoing minutes were approved by the City Planning Commission of Hermosa Beach at a public hearing held January 13, 1975. Jim Rosenberger, Chairm n