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HomeMy WebLinkAboutPC_Minutes_75.04.14MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, APRIL 14, 1975, AT 7:30 p.m. Meeting called to order by Chairman Rosenberger at 7:34 p.m. ROLL CALL Present: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Absent: None Also present was Rod Merl, Planning Director. APPROVAL OF MINUTES Motion by Comm. Burt, seconded by Comm. Collis, to approve the minutes of March 24, 1975, as submitted. Ayes: Comm. Burt, Chiu, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Collis and Hough Absent: None APPROVAL OF RESOLUTIONS Motion by Comm. Burt, seconded by Comm. Haller, to approve Resolution P.C. 154-1012 as submitted Ayes: Comm. Burt, Chiu, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Collis and Hough Absent: None Motion by Comm. Burt, seconded by Chmn. Rosenberger, to approve Resolution P.C. 154-1013 as submitted. Ayes: Comm. Burt, Chiu, Haller, Peirce, Collis and Chmn. Rosenberger Noes: None Abstain: Comm. Hough Absent: None Motion by Comm. Chiu, seconded by Comm. Haller, to approve Resolution P.C. 154- 1014 with corrections suggested by staff as follows: Under conditions, Item #1, delete "the Fire Chief and" Item, correct to read "...approval by the Building Director." Comm. Chiu asked if the conditions are transmitted to the applicant in written form. Mr. Merl replied that they are, and that he will be given the corrections as well. Ayes: Comm. Burt, Chiu, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Collis and Hough Absent: None Motion by Comm. Burt, seconded by Comm. Chiu, to approve Resolution P.C. 154-1015 with correction: Add Item #6. Six-month review by the Planning Commission PLANNING COMMISSION MINUTES - April 14, 1975 page 2 Ayes: Comm. Burt, Chiu, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Collis and Hough Absent: None Motion by Comm. Peirce, seconded by Comm. Burt, to approve Resolution P.C. 154-1016 as submitted. Ayes: Comm. Burt, Chiu, Haller, Peirce, and Chmn. Rosenberger Noes: None Abstain: Comm. Collis and Hough Absent: None GENERAL PLAN AND ZONE CHANGE REQUEST Request by Charles G. Johnston for General Plan and Zone change in order to construct nine tennis courts and a small clubhouse at 21st and Prospect. Mr. Merl referred to his memorandum of April 10th; the Board of Zoning Adjustments, at its meeting of April 7, continued this item having questions on alternatives; the Environmental Impact Report has not been cleared, therefore, a final vote cannot be taken tonight. He said there are two additional communications --one from the Chamber of Commerce in favor, and a petition in opposition. He said staff has met with the applicant and with Mr. Charles Pinney of the Chamber of Commerce, and talked by telephone with Mr. Tomlinson of United California Bank (Memo: April 11). Mr. Merl said the primary question for the Planning Com- mission concerns the highest and best use of the land, and that no pre -judgement statements should be made. Comm. Peirce asked if there is a time limit during which the Commission may act. Mr. Merl said the City Attorney has indicated no time limit, but he will check. Public hearing opened 7:50 p.m. Mr. John Jones, 1101 Opal Street, Apt. A, Redondo Beach, Asst. Vice President and Manager of Crocker Bank, confirmed that with reference to lending on the property, that Crocker Bank would not lend money for the program with a conditional use permit. Comm. Chiu asked if the city could maintain a right of first refusal. Mr. Jones replied that it could be writted in with the borrower and the city so long as that is properly prepared and documented with all parties; it could be an agreement that is acceptable. Comm. Burt asked if C-2 with a Precise Plan would be acceptable. Mr. Jones responded that that is a technical question because any lending institution must have some freedom of action as to how they would regain the funds because of default on the loan; it would be difficult to answer. Chmn. Rosenberger asked how they determine policy in regard to long term loans --isn't the value (of residential property) enough to offset the potential losses that may occur. Mr. Jones said he does not know the requirement as to dollars based on the land, so he could not give an answer. He said the loan must be considered on a straight commercial basis; they are not looking toward repayment from sale of the property, but from income generated from the business, and secondarily, from the assets of Mr. Johnston and his associates. Comm. Chiu asked if a lender would have a problem with a time limit to match the term of the mortgage, such as 30 years. Mr. Jones said he thought not, so long as ther term of the zon- ing is adequate for the term of the mortgage because normally you would have a payoff during that period of time. PLANNING COMMISSION MINUTES - April 14, 1975 Page 3 Mr. Charles Johnston, 1676 Rico Place, Palos Verdes Peninsula, applicant, said he has never suggested that the nine tennis courts stood by themselves as a profitable entity; must be zoned as part of a whole complex; the only way it is a viable package is with the C-2 zone. Chmn. Rosenberger asked if he had looked into the suggestion of right of first refusal. Mr. Johnston said if they came to the city and suggested that they had a buyer for whatever price, the city would have a right to pick up that option; he is not sure the city wants to be in that position. He said he does not object on the surface to write in a right of first refusal but does not think it is in the city's best interest; and suggested talking to the City Attorney about it. He said they are irrevocably locked in financially to C-2. Comm. Chiu asked, in regard to traffic to be generated by the project, if it would be in the best interest of the city to acquire a dedication of land on the street between Pacific Coast Highway and Prospect to adequately handle the traffic. Mr. Johnston said he does not believe they will create any traffic problems; people will not all use the club at the same time. Mr. Johnston presented several letters to the Chairman. Charles Pinney, Manager, Chamber of Commerce, read a letter from the Chamber with regard to the project which enumerated the expected advantages to the city, the preferability of com- mercial to residential zoning for the area, the basis of their affirmation, and environmental considerations. He said the project was unanimously endorsed by Chamber members, and asked for favorable action. He said Mr. Johnston is a lifelong resident of the South Bay area, graduate of USC, in naval services during V1W II; went to Harvard Business Schoo, originated Tel -flower, Imperial Bowl in El Segundo, and owns restaurants. Tassie McCustion, 1829 Hillcrest, Hermosa Beacl%, spoke again in favor of the project. Margaret Boatright, 1211 21st Street, sopke again in opposition to the project. Paul Storich, no address given, asked if C-2 would be necessary to put in tennis courts; said he is in favor of the project, wants the swimming pool and tennis courts, but not the rezoning. He would like the city to have right of first refusal, and said he has not been aware of any police problems or garbage problems there in the past two years. Ada Neal, 24th Street, owns rental property on 21st and Prospect, and 24th Street. She said traffic is very bad; she is concerned with how this property will look from her tenants' windows; and the Bowl is commercial but the other property is surrounded by residential prop- erty. Elizabeth Bunch, 2039 Hillcrest Drive, said she carried the petition; none were against this development and believe it to be one of the finest things proposed for the neighborhood, but do not want the rezoning. She said they do not think it T7ill be a traffic problem, and no one mentioned noise; they are only worried about what would go in if this project failed. Joel Connor, 2120 Prospect, said he is basically in favor of the proposal, but has two questions: whether the money is available, and whether there is a letter of intent. He said he does not want miscellaneous commercial across the street. Mr. Merl said there is no letter of intent; the judgement must be on whether it is the highest and best use of the land, and that these questions of financing are peripheral to the issue. Mr. Johnston said he wishes to see the zone change but can understand the latent fears; would like to have anyone speak with the bank to discuss whether or not the project is in their opinion feasible; and invited anyone to examine his financial capacity, credibility and references. Motion by Comm. Burt, seconded by Comm. Peirce, to continue to the nexe meeting. So ordered. PLANNING COIS93SION MINUTES - April 14, 1975 page 4 Chmn. Rosenberger requested copies of the minutes of both meetings, minutes of the Board of Zoning Adjustments concerning this item, and any other pertinent documents, to be available for the next meeting. Comm. Chiu requested that staff obtain the opinion of the City Attorney regarding feasi- bility of a time limit of C-2 zoning for 30 or 40 years, to match the duration of a typical, or of this particular, mortgage on the property; also the feasibility of the city having the right of first refusal upon sale or upon change of lenders. 1433_HER40SA AVENUE Request by Lowe Construction Company for Conditional Use Permit for take-out food in conjunction with the construction of a restaurant. (continued) Mr. Merl said this was approved by Design Review with minor modifications as to land- scaping and color of the roof. He said the Downtown Committee indicated mixed feelings and gave no specific recommendation. There is correspondence from Barbara Bek Payne and H. Douglas Bek, apartment owners, in opposition. Public hearing opened 8:47 p.m. John K. Bakolas, 1400 Chestnut St., Manhattan Beach, said about 15% of the business volume Will be drive-thru, with the remainder walk-in; there will be 10 booths with maximum seat- ing of four persons per booth; they will be able to serve about 20 cars per hour; and this is his own business, not a franchise. Mr. Merl said the entrance will be on 14th and exit on Hermosa Avenue. Public hearing closed 8:52 p.m. Mr. Lowe provided a set of plans. Mr. Merl said they are providing 15 parking spaces, more than required. He said there is a five foot front setback, giving about 13 feet from the front of the building to the curb. Comm. Haller said she is opposed to a business that is car -oriented, there will be a noise problem, and traffic waiting on the street to enter could be a real problem, especially on weekends and during the summer months. Comm. Hough said she is concerned with the existing problem of loitering on the premises; and asked if Mr. Bakolas had prior experience in running a drive-thru restaurant and how he has planned to manage the property to avoid loitering. Mr. Bakolas said he has 20 years in restaurant business, but never had a drive-thru before; and that he will not have people standing around, but will have signs and may hire police. Comm. Chiu asked if the Environmental Impact Report included adverse environmental impact of traffic idling while waiting for orders. (negative) Chmn. Rosenberger said he is not in favor of the proposal as a drive-thru restaurant in the downtown area; it would be a burden on the pedestrian traffic; noise problem for neighbors; and will generate traffic on weekends. He said this area is walker -oriented and it Would destroy that image completely. Comm. Chiu concurred, including the environmental aspects of having cars idling there. Motion by Comm. Collis, seconded by Comm. Hough, to approve. Ayes: Comm. Hough Noes: Comm. BurtChiu, Collis, Haller, Peirce, and Chmn. Rosenberger , Absent: None PLANNING COMMISSION MINUTES - April 14, 1975 page 5 Chmn. Rosenberger announced that the applicant will have ten days to appeal the decision of the Planning Commission to the City Council and will be informed of his rights by a letter from the city. Mr. Merl added that this decision related just to the drive-thru portion. Motion by Comm. Collis, seconded by Comm. Burt, to adopt Resolution P.C. 154-1017, denying the request of the applicant for a drive-thru take-out window for the following reasons: Hermosa Avenue being a highly traveled location there is the possibility of creating additional congestion in traffic both in terms of drive -out portion as well as backup of cars on the street waiting to go through; this type of business is not in keeping with the proposed development of the Downtown business area, being on the fringe of the pedes- trian oriented section while this is car -oriented; similar type of request several years ago by Pioneer Take-out Food was denied; and would increase the noise level. Ayes: Comm. Burt, Chiu, Collis, Haller, Peirce, and Chmn. Rosenberger Noes: Comm. Hough Absent: None LEGAL DETERMINATIONS 32Z-311 Manhattan Avenue Request for determination that two units exist at this address. Mr. Merl added a copy provided by the applicant of original inspection by County Taxing agency which shows two units. Report of Building Dept. and Building Director recommends that recognition of two units be granted. Public hearing opened 9:15 p.m. No one wished to be heard. Closed 9:16 p.m. Motion by Comm. Peirce, seconded by Comm. Hough, to approve. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None 208 Manhattan Avenue Request for approval of five units, based on tax records and a letter from the owner of the property at the time of conversion. Public hearing opened 9:20 p.m. No one wished to be heard. Closed 9:20 p.m. Motion by Comm. Haller, seconded by Comm. Hough, to approve. Ayes: Comm. Burt, Chiu, Collis, Haller, Hough, Peirce, and Chmn. Rosenberger Noes: None Absent: None R-2 PROPOSED AMENDMENTS Mr. Merl provided a table of building heights in the R-2 zone; reviewed amendments with following proposed changes: Section 500: eliminate (3) and (4). Renumber (5) and (6) as (3) and (4). Proposed change (not confirmed) that (4) now read "...rear yards, building height,and lot are for dwelling units." PLANNING COMMISSION MINUTES - April 14, 1975 page 6 Section 502: addition proposed (but not confirmed) of a limit of ten feet required, should be established. Section 503: eliminate (2) entirely. Section 505: Correct to read "The minimum area required for a. new lot through parcel map procedure or subdivision shall be four thousand square feet." The other amendments stand as indicated. Public hearing opened 9:43 P.m- R. D. Freed, 438 30th Street, said it is highly improper to make such changes; people purchased these lots as R-2; there are only two or three lots vacant in his area; and about 54o are single family. Mr. Merl said 269 lots are affected. Curtis Cravens, 909 Loma Drive, said his property was R-3; a ruling passed in 1965 restricted him to R-2 development but he has been paying taxes on R-3. He said the proposal to reduce those lots to R-1 is not fair to the people who have been paying taxes. He said he has not been notified; has not received the paper in six weeks; and his area was not posted because it is zoned R-3. Betty Ryan, 532 Pine Street (in Hermosa Beach between 5th and 6th Streets), said she is opposed to reducing the minimum for developing; she owns rental property and has invested in Hermosa Beach. She said at present her property meets R-2 requirements but if the amendments are adopted she will have R-1 next to two duplexes. She made two requests-- (1) that in the future when notices are being posted, change the color of the paper, and (2) if 269 people are directly affected that they receive a mailed notice. She said she will volunteer time to make a list of R-2 properties, eliminating the complaint that they cannot provide time to cull out the R-2 owners from the records. She also requested that the public hearing be continued until the 269 owners are notified. Mr. Merl said it would be necessary to request authorization from the City Council. Owner of 859 Loma (did not state name), said he bought property with the intent to fix it up and build on it; if the requirements are changed, he will be unable to do so. Peter Tucker, 235 34th Street, said he has spent money for plans to add on the back of his property of 2689 sq. ft. He said he will not pay taxes on R-2 if it is only R-1; and he felt they should have been notified by mail. Rick Eaton, 2115 Monterey, asked the reason for down -grading; said he will donate his time to giving notifications; there should be money set aside for postage; and emphasized that there should be notification when there are zoning changes to be made. Public hearing closed 10:26 p.m. Motion by Comm. Burt, seconded by Comm. Hough, to continue this hearing until it is determined whether the City Council will provide funds to notify owners of the properties concerned. Comm. Hough said that as several people have mentioned, the amendments actually change the zones so people are being taxed even though they cannot use their land as they expected; if the usage is restricted, perhaps the zoning should be changed. Chmn. Rosenberger said that would require that the whole city be -rezoned, or perhaps even single lots. PLANNING COMMISSION MINUTES - April 14, 1975 page 7 Comm. Collis said they should not be considering what the zoning is per lot, but the density for a given area. While the Planning Commission is very concerned with indivi- dual property owners, there is a responsibility not only to the immediate people present, but to the future, to employ good planning practices to avoid creating serious density problems and to realize greater potential from the property. Comm. Peirce said he believes the Planning Commission should vote now; they have been on R-2 for a number of months; have heard the types of comments that they would hear in the future; and it might take a considerable length of time before the City Council returns a decision on this matter. Vote on motion above: Ayes: Comm. Burt, Chiu, Haller and Hough Noes: Comm. Collis, Peirce and Chmn. Rosenberger Chmn. Rosenberger said the item will be continued, and requested a copy of the letter to the City Council in the next packet. Comm. Hough requested that the City Council be asked to please expedite their decision. HOUSING ELEMENT Public hearing opened 10:40 p.m. No one wished to be heard. Closed 10:41 p.m. This item to be continued as Mr. ODell is absent due to family emergency. So ordered. PARKING PRESENTATION BY TOWNE HALL A presentation of T.V. films was made showing various parking problems and violations common in Hermosa Beach, signs obscured by foliage; parking of cars across public side- walks, etc. SID94ALK IMPROVEMENTS Request by Mr. John Warren for approval of proposed sidewalk beautification in front of Greeko's. Mr. Merl said the Improvement Commission approved last Thursday and forwarded a recom- mendation to the City Council, for decorative pavement, gas lights and tree planting. Mr. John Warren, owner of Greeko's, displayed plans showing existing trees; the three posts with bronze antique lamps, and the fishscale sidewalk. He said it would cost from y$'3,000 to $3500 to complete; over a year ago he taa:ed to local Merchants and sent a letter to property owners, most of which were returned, signed, indicating that they are in favor of the project. He said he would ask two things of the city; a new sign to replace one that is damaged in front of his store (to be mounted on one of his lamp posts) and the city's pipe line to water his trees. Motion by Comm. Hough, seconded by Comm. Burt, to recommend approval of this project to the City Council and to ask them to consider an assessment area with the other business- men to see if they would like to do the same thing through the city. Also request that city cooperate in providing new signs and hooking up the water pipe for his trees. So ordered. CITY YARD BUILDING Request by City of Hermosa Beach for new city yard building with five garages and small office for maintenance and vehicle storage. PLANNING COMMLSSION MINUTES - April 14, 1975 _ Mr. Merl said that Mr. Clark of the Engineering Dept. spoke to the Improvement Com- mission. He said all -metal buildings must have approval of the Planning Commission. He noted the soils report indicated a more substantial structure could not be reason- ably developed on the site. Comm. Collis said appropriate mitigation for the appearance of a metal building should be required of the city as it would of a private business; every effort should be made to make it as attractive as possible through use of landscaping. Comm. Peirce suggested moving the fence; and that they should present a positive plan for improvement of the property. Comm. Haller agreed that the city should be asked for a plan for improvement of the fence and landscaping. Motion by Comm. Hough that this item be continued and that the Planning Commission request further information, a plan for fencing and landscaping outside the fence, and more specific plans for the building. So ordered. DRIVE67AY LENGTHS Comm. Collis proposed that in the planning process the city should require adequate off- street parking, or should at least require that the cars will be off the gutter line and preferably off sidewalks. He said continuance of these practices are permitted by the ten -foot setback, which on a 40 foot lot is minimal. He said the ten -foot setback is inadequate, lends to physical blight and safety problems, and the city may be incurring liability in these situations. Comm. Peirce said he agrees that further setbacks are needed but a more immediate action would be to enforce the law by ticketing illegally parked cars. Chmn. Rosenberger referred this item to the Zoning subcommittee. R-2B continued Comm. Collis requested continuance. RENT CONTROL Continued for information on alternatives before discussion.. STAFF REPORTS Mr. Merl said the R-1 amendments are set for public hearing in City Council, and the question has been raised as to whether the Planning Commission would consider eliminating discretion in regard to height of buildings, the primary concern being to maintain a low profile. Comm. Haller said the purpose of Planned Unit Development is flexibility for architectural design. Comm. Peirce and Burt preferred to leave it as an option. So ordered. Preliminary Plan of the Coastal Zone Commission is set for hearing at Torrance City Hall, May 7th. Mr. Merl said the League of California Cities has some suggestions also, and he will try to provide digests of these policies. The Southwest Area Planning Council will meet Friday to discuss the Social Services Element which will attempt to combine all the functions of government and private services in consistent and usable format. To be held at the Pen & Quill, Manhattan Beach, Friday. PLANNING COMMISSION MINUTES - April 14, 1975 Page 9 COMMISSIONERS' ITEMS Comm. Collis asked for information, if available, on the zoning of other private tennis court developments. A status report on the complaint filed on 3104 Manhattan Avenue was requested. Chmn. Rosenberger said a League of California Cities Planning Commission is scheduled in June in San Diego. Comm. Peirce requested that staff order some books, particularly Job of the Planning Commission for the library. Comm. Chiu advised the Commission of a Housing meeting May 9. Meeting adjourned 11:58 p.m. CERTIFICATION I hereby certify that the foregoing minutes were April 14, 1975, by the Planning Commission of th JAMS ROSEIUMGERC11AIRMAN DA at a public hearing held Hermosa Beach.