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HomeMy WebLinkAboutPC_Minutes_75.06.23MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, JUNE 23, 1975, AT 7:30 P.M. Meeting called to order by Acting Chmn. Collis at 7:40 p.m. ROLL CHILL Present: Comm. Haller, Hough, Loosli, and Acting Chmn. Collis Absent: Comm. Burt, and Chmn. Rosenberger Also present was Rod Merl, Planning Director APPROVAL OF MINUTES Motion by Comm. Hough, seconded by Comm. Haller, to approve the minutes of June 9, 1975, as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger APPROVAL OF RESOLUTIONS Motion by Comm. Hough, seconded by Comm. Haller, to approve Resolution P.C. 154-1031 as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Motion by Comm. Hough, seconded by Comm. Haller, to approve Resolution P.C. 154-1033 as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Motion by Comm. Haller, seconded by Comm. Hough, to approve Resolution P.C. 154-1034 as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Motion by Comm. Hough, seconded by Comm. Haller, to approve Resolution P.C. 154-1035 as submitted. Ayes: Comm. Hough, Chmn. Collis Noes: Comm. Haller, Loosli Absent: Comm. Burt, Chmn. Rosenberger taken, riotlalppropallof the action affirmative e vote on a Resolution is confirmation of the action Planning Commission Minutes -- June 23, 1975 page 2 Comm. Haller changed her vote to aye. Comm. Loosli confirmed his no vote. Motion by Comm. Hough, seconded by Comm. Haller, to approve Resolution P.C. 1.54-1036 as submitted. Ayes: Comm. Haller, Hough, Loosli, Chmn. Collis Noes: None Absent: Comm. Burt, Chmn. Rosenberger Motion by Comm. Haller, seconded by Comm. Hough, to approve Resolution P.C. 154-1037 as submitted. Ayes: Comm. Haller, Hough, Loosli, Chmn. Collis Noes: None Absent: Comm. Burt, Chmn. Rosenberger Motion by Comm. Haller, seconded by Comm. Hough, to approve Resolution P.C. 154-1038 as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt, Chmn. Rosenberger Motion by Comm. Hough, seconded by Comm. Haller, to approve Resolution P.C. 154-1039 as submitted. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger 160-168-176 HILL STREET Request by George F. Rickert for three -unit planned unit development (continued). Chmn. Collis said the applicant has requested the item to be continued to the next regular meeting of July 14. So ordered. R-2 AMENDMENTS Rod Merl, Planning Director, reviewed briefly the background of the R-2 amendments pro- posal. He said a question arose in discussion with the City Attorney concerning only four members of the Commission being present tonight; there are enough to make a decision but if the item was continued only these four members could vote on the final decision. He said that people were notified on the basis of lot ownership rather than just newspaper advertising. Comm. Haller said that at the first public hearing on R-2, several people brought to the attention of the Commission that not all property owners were aware of the proposed changes, therefore the commission voted to have each property owner notified and public hearing was set for tonight (June 23) . She said that through unforeseeable circumstances only three of thoss seven members are present tonight and according to the City Attorney, if the public Planning Commission Minutes -- June 23, 1975 page 3 hearing is held now, two members, Chmn. Rosenberger and Comm. Burt, will be unable to participate in the discussion or the voting. She said there was also a question by the City Attorney as to whether increasing the land requirement per unit, which would effect- ively reduce lot usage, would expose the city to liability and he would like time to consider this and make further input. She said it is not the purpose of the Commission to thwart public testimony at all, and they hope everyone here will attend the next meeting or make written testimony now or through the mail. Chmn. Collis said the recommendation of the City Attorney would certainly be precedent - making in his view . If in all public hearings , only those members present at the original public hearing could vote if the item were continued, he could forsee situations where a minority could approve or disapprove action, which doesn't seem like due process. He said this needs further study by the City Attorney, and he would open the public hearing but would accept only written testimony; no oral testimony will be received at this time. Public hearing opened 7:55 p.m. A member of the audience said if there is doubt about the future of these public hearings perhaps the hearing could be held on another day. He did not feel there would be a fair reaction from written testimony since people are not prepared for it at this time. Motion by Comm. Haller, seconded by Comm. Hough, to continue the public hearing on the proposed R-2 amendments to the next regular meeting on July 14, 1975. Chmn. Collis requested that the environmental impact report be made available, and an analysis by the City Attorney of the legal implications. Mr. Merl said there are several court cases which the City Attorney is concerned with, and also the Commission would like analysis of the' public hearing format regarding absences on the part of Commission members. He said there will not be additional notices sent out but it will be advertised in the paper. Public hearing closed 8:00 p.m. A member of the audience requested information on why changes are being proposed. Chmn. Collis said this will be covered at the next meeting when Comm. Burt, Chmn. of the sub- committee, is present. Vote on the motion above: Ayes: Comm. Haller, Hough, Noes: None Absent: Comm. Burt and Chmn. 901-903 15TH STREET Loosli, and Chmn. Collis Rosenberger Request by Charles Gotanda for two -unit condominium planned unit development and tentative tract map. Mr. Merl reviewed the required considerations in detail, and had available the elevations of the proposal with landscaping plan attached. He displayed, at the request of Czmm. Planning Commission Minutes -- June 23, 1975 page 4 Loosli, a zoning map to show the relationship of this project to the surrounding area. He said the CC &R's are standard; there is a third party named; no prohibition on children; and it has been approved by the Design Review Board. Recommendation of staff is for approval. Public hearing opened 8:13 p.m. Gene Scott, 1601 Raymond, asked the exact location and extent of the project, which was pointed out on the map. Lois Clemens, 901 16th Street, said this block is surrounded by R-1 with most adjacent homes being one-story, and asked the zoning of that site. Mr. Merl said it is zoned R-2 on 15th Street up to Ocean. Catherine Smith, 6318 Vista del Mar, Playa del Rey, representing the applicant, said the redeveloped properties are now all multi -units; the buildings of 20 or 30 years are one- story, and the lots exceed the generally acceptable requirements for an R-2 zone. Clive Acker, 902 and 922 15th Place, asked the height limitation and how it is measured; and how a condominium is maintained. Mr. Merl explained the method of measuring height on a grade; and the legal requirement of plans for maintenance in the CC &R's . Public hearing closed 8:28 p.m. Motion by Comm. Loosli, seconded by Comm. Hough, to approve the planned unit develop- ment. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent; Comm. Burt and Chmn. Rosenberger Chmn. Collis requested that in the future, individual complete sets of plans be submitted to the Commissioners, made available by the applicant, to include elevations, floor plans, and items pertinent to this Commission excluding superfluous information such as the height of cabinets, etc. Motion by Comm. Hough, seconded by Comm. Haller, to adopt Resolution P.C. 154-1040, approving the construction ❑f a two -unit condominium at 901-903 15th Street after receiving testimony at public hearing because it conforms with the General Plan, zoning, and density requirements; meets or exceeds required yard and recreation space; landscaping plan and CC &R's have been submitted; with the condition that the final tract map be submitted within six months. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Chmn. Collis requested that staff make recommendations on all applications. 6 6 HERMOSA AVENUE Request by Larry Clark for conditional use permit for outside service of food, beer and wine; and live entertainment inside. Planning Commission Minutes - June 23, 1975 page 5 Mr. Merl reviewed the analysis with explanation that there are two requests: 1) live entertainment inside the existing establishment, and 2) service of food, beer and wine outside on a patio of30' x 15' and in a 6' sideyard area. He recommended a condition that the entertainment be unamplified as there is a residential area nearby; said there was no comment from the Police Department; and this is private property. Public hearing opened 8:44 p.m. Larry Clark, 648 1.2th Street, Manhattan Beach, said the patio is already being used for dining daytimes and weekends; the new area is the sideyard; and there have been no complaints from neighbors. He said he would like to stay open on weekends until 11 p.m. outside; does not intend to have amplified music because of the small space; and some- times prepares food to go but does not have a separate takeout food service or takeout window. He saked if the prohibition on amplified entertainment would pertain to radios. Chmn. Collis said it pertains to live entertainment. Herb Fredericks, Redondo Beach, said he operated the patio for more than 12 years, never had trouble or police problems, and does not anticipate trouble now. C. H. Hutchinson, 68 Strand, asked for verification that there would be no amplified entertainment. Public hearing closed 8:53 p.m. Chmn. Collis said he would vote no for the reason that there have been problems, not with this operation, but with this type of usage in a spot area; a similar request has been denied; and does not feel this is in the best interest of the community where there is a high con- centration of residential use. Comm. Haller said she is not opposed to service of food outside, but is opposed to live entertainment because of the residential use; and would like to separate the two requests . Public hearing reopened 8:58 P.M. Lee Burnheart, 168 1st Street, said he has eaten there many times, there have never been problems, and there is more live entertainment and noise in the residences than in the restaurant. Mrs. Edgarson, 66 Strand, said she would like to see them get the three months' trial at least for eating outside but not amplified music outside. She said the residents in the neighborhood all welcome them and would like them to have as much help as possible. Adrian Burnheart, 168 1st Street, said she enjoys the patio and would like to see it com- pleted; the boys run a fine place and the food is delicious . Public hearing closed 9:02 P.M. Comm. Hough said she has no objection to unamplified music inside; she feels this is different from the previous request mentioned because it is on private property and some- what secluded; she questions service of beer and wine outside as it is apt to be noisier Planning Commission Minutes -- June 23, 1975 page 6 when people are drinking; and she has talked to one of the neighbors who had no objection. Motion by Comm. Haller, seconded by Chmn. Collis, to approve the request for outside service in conjunction with a restaurant to include the service of beer and wine but exclude the live entertainment inside or outside, with conditions as follows: 1. Outside service hours to be no greater than 9 a.m. to 9 p. m. 2. That the grounds of the establishment and the surrounding public sidewalks, etc. be kept clean and neat at all times, and if a litter or trash problem develops that is not immediately dealt with by the business, the City is authorized to clean it up and charge the costs to the business. 3. Serving utensils and dinnerware for outside service shall be of "permanent" construc- tion, not throw -away paper plates or plastic utensils. 4. That there shall not be provided a separate "to go" food service. 5. That there be a three-month review. Ayes: Comm. Haller Noes: Comm. Hough, Loosli, and Chmn. Collis Substitute motion by Comm. Loosli, seconded by Comm. Hough, to approve the recom- mendation for Incredible Edibles to serve food, wine and beer outside and to have live entertainment inside, unamplified with the conditions as above, adding conditions 6 and 7 as follows: 6. Hours of live entertainment to be no greater than 11 a. m. to 11 p. m. 7. All entertainment must be conducted wholy within the building, that there be no more than three musicians, and that there be no sound amplification equipment of any kind. If the police chief, at a future time, determines that there is a noise problem from the entertainment, the Planning Commission can revoke this privilege. Ayes: Comm. Haller, because of the three-month review; Comm. Hough, with reluctance because she feels that service of beer and wine outside will increase the noise level; Comm. Loosli Noes: Chmn. Collis Absent: Comm. Burt and Chmn. Rosenberger Motion by Comm. Hough, seconded by Comm. Haller, to adopt Resolution P.C. 154-1041 approving the request for outside service and live entertainment at 66 Hermosa Avenue after receiving testimony in public hearing, to include the conditions 1-7 as above. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Planning Commission Minutes -- June 23, 1975 page 7 Chmn. Collis requested a review by the City Attorney as he believes staff was incorrect in the recommendation that a second action could be taken; he does not know of another instance when action was taken denying the request and then a subsequent action taken. He said he wants confirmation that proper procedure was followed, and he wants the applicant to be protected in this situation as there could be some problems. 2040 STRAND Request by Robert Grace for legal determination establishing recognition of two units. Mr. Merl reviewed the history of the property with recommendation of staff that in view of the Building Department recommendation it be allowed as a single-family dwelling only. Public hearing opened 9:18 P.m. Robert Grace, 2040 Strand, said he is asking for legal recognition of usage that has been tolerated by the city for at least 20 years; it has been rented as a triplex, used as a room- ing house, and was in a state of disrepair when they purchased it in April of 1974. He said he believes it has been taxed as single family, and he does have the tax papers. He said they rent the unit over the garage; and the single room with bath is occupied by a maid. He said it is a corner lot with four parking spaces; Ralph Grippo has signed that there were no apparent building code or zoning violations; and there are other rentals and duplexes in the vicinity. Comm. Hough noted that there is a two -car garage, and asked if the other two parking spaces were on city or private property. Mr. Grace said two of them are on city property for which he has a permitted usage. Comm. Loosli asked if there is a restriction on the deed. Mr. Grace said he did not read it that closely; he relied on the report, has a title search, and is not aware of the restric- tion. He said that in buying this property he had a condition in the purchase that it be legalized as a duplex; that he bought it as a single-family home that could be used as a duplex if all codes were complied with. Mary Donahue, 2008 Strand, said she has lived there 40 years and ever since that property was built it has been used as an apartment, that is, two units and maid's room downstairs. Coralie Ebey, 2466 Myrtle, said the fact that it is legal R-2 usage does not mean that was a legal use of the property since it was built. She said two parking spaces are on city property; the R-2B would be fine if brought up to code and parking is provided. Alfred C. Bowman, 2024 Strand, said he has lived there 11 years and the things that Mary Donahue said have been true as long as he has lived there, and also those things that Mr. Grace has said . Pat Fuhring, 21-21st Street, who has lived there 27 years, said everyone on the street has parking spaces on city property; and said the property under discussion was a rooming house for a while, and has been improved. Mr. Grace said the report does not mention an inspection which was made by the Building Department and that the inspector said there were no violations and the unit above the Planning Commission Minutes -- June 23, 1975 . -- garage met all ordinances as a habitable unit. Public hearing closed 9:36 p.m. Comm. Hough asked if the deed restriction takes precedence. Mr. Merl said that is a civil matter. Chmn. Collis said the outgrowth of the R-2B zone is applicable in this situation and this structure differs no more than any other structure there in terms of parking; the original development, based on testimony, has been and continued to be a duplex, if not more, in use. Mr. Grace said he will be happy to give an affidavit restricting use to two units. Comm. Loosli suggested adding a deed restriction; Chmn. Collis said the city has no way of enforcing that. Motion by Chmn. Collis, seconded by Comm. Loosli, to find that it falls into the cate- gory of many properties in that area of mixed use and recognize it as legal nonconforming use of two units. Ayes: Comm. Collis Noes: Comm. Haller, Hough, and Loosli Chmn. Collis announced that the application has been denied and the applicant has the right to appeal to the City Council within ten (10) days. Motion by Comm. Haller, seconded by Comm. Hough, to adopt Resolution P.C. 154-1042 denying the request for determination of legal use for two units because Building records indicate that two units have never been legal; the conversion was made without the approval of the city; the present owner was aware of the usage of one unit !,at the time of purchase; and there is a deed restriction limiting it to a single-family dwelling. Ayes: Comm. Haller, Hough, and Loosli Noes: Chmn. Collis Mr. Merl said decisions on legal determinations automatically go to the City Attorney for findings of evidence and proper procedure. 1129 TENTH STREET Request by Paul Bettiol for rehearing of legal determination. Mr. Merl said the applicant's attorney requests continuation and City Council has con- curred with that request. Motion by Comm. Hough, seconded by Chmn. Collis, to continue to the regular meeting of July 14, 1975. Chmn. Collis said he will accept written testimony but no oral testimony on this item. Planning Commission Minutes -- June 23, 1975 page 9 Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger Members of the audience asked if noitce could be given earlier in the meeting when an item is to be continued; if there is a deadline for receiving written testimony; if they could have a lawyer to represent them also; and if there would be any limit to the number of con- tinuations allowed. Mr. Merl said any written testimony received before the next meeting will be duplicated for the Commissioners and will also go with the documentation to any other Commission that hears this item. Comm. Hough suggested notifying the applicant that this item will be heard in the meeting of July 14. Chmn. Collis directed that a letter be sent to the applicant that at the regularly scheduled meeting of July 14, the Planning Commission intends to take action on this request. 26 PACIFIC COAST HIGHWAY Six-month review of conditional use permit (continued) . Mr. Merl said a memorandum had been received from the Licensing Department regarding sale of new cars on the property; in regard to the six-month review, all conditions seem to be met except for the landscaping. Don DeSpain, G-B Datsun, said there are new cars on the used -car portion of the lot tem- porarily due to the construction taking place on 190th Street and Pacific Coast Highway, which has taken about 40' of property; the new cars are not dealer -prepared for sale at the time they are on the used -car lot. Regarding landscaping, he said a planter has been placed adjacent to the Hermosa Beach sign on Pacific Coast Highway; additional planters had been planned but the Water Department has taken the sidewalk away; it has been torn up no less than six times; and the landscaping will be completed as soon as possible after completion of the construction. Motion by Comm. Collis, seconded by Comm. Hough, that the conditional use permit be continued for an additional year with a review at the end of 12 months; that the landscaping plan as submitted be completed within 60 days of the completion of all public work taking place along Pacific Coast Highway and 190th Street; and that the applicant's explanation of the sale of new cars is that the sale of new cars is not taking place within the city of Hermosa Beach without a license based on the testimony presented by the applicant. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger 1100 PACIFIC COAST HIGHWAY. Request for six-month extension on the granting of parking on R-3 lot. Planning Commission Minutes -- June 23, 1975 page 10 Mr. Merl said the original approval was for six monthsg and the request is for an extension of the same approval for another six months. Motion by Comm. Hough, seconded by Comm. Haller, to extend for six months. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt and Chmn. Rosenberger FINAL HOUSING ELEMENT APPROVAL Mr. Merl said the Housing Element has gone through Board of Zoning Adjustments with no change, and requested final approval by the Planning Commission. Motion by Comm. Hough, seconded by Comm. Haller, to approve the Housing Element since it has been approved in tact by the Board of Zoning Adjustments, the environmental impact report is approved, and direct that it be forwarded to City Council with all attach- ments thereof. Ayes: Comm. Haller, Hough, Loosli, and Chmn. Collis Noes: None Absent: Comm. Burt, and Chmn. Rosenberger PARKING DISCUSSION (continued) Motion by Comm. Hough, seconded by Comm. Haller, to continue. So ordered. STAFF REPORTS Mr. Merl said the Open Space Zoning is on the present City Council agenda tomorrow to set for public hearing at their next meeting on July 8th. One item from the Planning Com- mission was appealed, that is, the request for outside service, which will be on the agenda of July 8th. Mr. Merl said the Noise Element has been totally rewritten, is now a more comprehensive document, and will hopefully be issued to the Commissioners by next week. He also expects to have the Safety Element by the last meeting in July. COMMISSIONERS' ITEMS Comm. Haller said she would like to have the minutes of the Improvement on several items -- the three identical houses (Hill Street), and the drive -through on Hermosa Avenue. Comm. Hough suggested meeting with the Improvement Commission and recommended the estab- lishment of guidelines. She requested staff to send a letter to the Improvement Commission requesting a joint meeting; and asked staff to prepare an agenda incorporating suggestions from the Improvement Commission. Chmn. Collis suggested that in the future the applicant submit nine sets of plans to include topography, plot plan, floor plan and all exterior elevations; and a colored rendering for the Improvement Commission. Planning Commission Minutes-- June 23, 1975 page 11 Comm. Hough said there is manufacturing on Hill Street; a warehouse with living unit above, called Bay Area Cabinet. Mr. Merl said he believed that was a pre-existing, non- conforming building. Comm. Hough said Fenners' are serving outside; two doors to the patio are open; tables and chairs are in use which were ordered to be removed. She requested that a letter be directed to the City Manager concerning Fenners', noting that since the application to consider service outside on June 9th, the tables have not been removed, they are not complying with the original conditional use permit, and are in violation of the permit. Outside service has been continued and she requests corrective action. Chmn. Collis suggested calling the City Manager tomorrow to tell him about the letter with a request to expedite by sending someone to the site. Comm. Hough asked that a carbon be sent to the City Council or that the letter be included in the packets for their next meeting. Comm. Loosli said there are a number of zones on the old zoning map designated potential; he feels the Commission should study these areas separately and decide what should be done with them in regard to zoning. Meeting adjourned 11:13 p.m. CERTIFICATION I hereby cent the forego;minutes were approved at a public hearing held June 23, 1975 by e 1Wrianning,0mission of the City of Hermosa Beach. A HOUGH, SECRETARY JAMES COLLIS, ACTING CHAIRMAN DATE