MINUTES OF THE PLANNING COMMISSION MEETING

OF THE CITY OF HERMOSA BEACH

HELD ON MARCH 4, 1997 AT 7:00 P.M.

IN THE CITY HALL COUNCIL CHAMBERS

Meeting called to order at 7:05 p.m. by Chairman Tucker.

Pledge of Allegiance led by Comm. Perrotti.

ROLL CALL

Present: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

Absent: None

Also Present: Sol Blumenfeld, Community Development Director

Michael Schubach, City Planner

Sylvia Root, Recording Secretary

CONSENT CALENDAR

Comm. Perrotti pulled Resolution P.C. 97-14, stating conditions requiring the full bath on the lower level be changed to a 3/4 bath and vermin control measures specification had not been included. After discussion, this item was CONTINUED to the March 18, 1997 meeting for clarification of both items. Approved 5-0.

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to APPROVE with no change:

3. February 18, 1997 Minutes,

4.a) Resolution P.C. 97-7 to recommend approval of a General Plan amendment from General Commercial to Medium Density Residential and a zone change from C-2 to R-2 and adoption of an Environmental Negative Declaration at 64 10th Street;

4.b) Resolution P.C. 97-8 denying a Parking Plan for a take-out restaurant at 506 Pacific Coast Highway,;

4.c) Resolution P.C. 97-9 approving a Conditional Use Permit amendment to allow general auto repair at 303 Pacific Coast Highway;

4.d) Resolution P.C. 97-10 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #24685 for a 2-unit condominium project, at 614 and 616 1st Street;

4.e) Resolution P.C. 97-11 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #24501 for a 2-unit condominium project, at 138-142 Manhattan Avenue;

4.f) Resolution P.C. 97-12 approving a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #24525 for a 2-unit condominium project, at 150-154 Manhattan Avenue;

4.g) Resolution P.C. 97-13 approving a Conditional Use Permit to allow outdoor seating in conjunction with a snack shop at 1031 Hermosa Avenue, and

Resolution P.C. 97-15 denying the expansion and remodel to an existing single family dwelling with nonconforming sideyard and building height, at 2024 The Strand.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

5. Items for consideration None

ORAL/WRITTEN COMMUNICATIONS : None

PUBLIC HEARINGS

7. CUP 96-15/PARK 96-7 -- CONDITIONAL USE PERMIT FOR A NEW GASOLINE STATION, INCLUDING A MINI-MART WITH OFF-SALE BEER AND WINE AFTER 11:00 P.M. AND AN AUTOMATED CAR WASH; AND, PARKING PLAN TO COUNT CAR WASH STACKING LANE AND FUEL DISPENSING AREAS TOWARDS THE PARKING REQUIREMENT, SIGN VARIANCE TO ALLOW TWO POLE SIGNS, AND EXTRA SIGN AREA, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 755 PIER AVENUE AND 1439 PACIFIC COAST HIGHWAY, UNOCAL.

Staff Recommended Action: To approve said Conditional Use Permit and Parking Plan, and a Adopt an Environmental Negative Declaration.

Director Blumenfeld described the proposed project and said the proposal was compatible with surrounding commercial uses, the noise generated was lower than current noise traffic levels, and traffic generation counts would be reduced. He said an approved Parking Plan was required, but Staff believed adequate on-site parking would be provided. A sign variance was being requested based upon total building frontage and two pole signs, which Staff believed could be made.

Chmn. Tucker opened the Public Hearing at 7:28 p.m.

Scott Peotter, applicant's representative, 1 Corporate Park, #101, Irvine, said site upgrades included multi-product fuel grades, fewer hoses, a convenience store and car wash, with equipment and tanks being brought up to 1998 standards. The four driveways will be reduced to two wider ones resulting in smoother traffic flow on Pacific Coast Highway. Landscaping as a barrier was being planned, rather than a fence. Mr. Peotter described the current sign area allowance computation versus the signs planned, stating another project has recently been completed with identical sign placement, which is considered standard in the industry. He detailed description and location of the proposed signs, hours of operation, possible number of employees, emphasis on high-quality service and product, building design, colors and materials with Commissioners. Chairman Tucker discussed his concern that the landscaping would not block pedestrians, possibly creating unsafe conditions.

Demostapa Alim, 1000 Pacific Coast Hwy., Hermosa Beach Car Wash, said his car wash had just opened after a large expenditure of money. Business build-up was slow because so many other car wash operations were in the area. He felt in unfair to authorize addition competition.

Bill Sours, 2101 Power Street, said the Pancake House had been a community asset, and he would miss it not being there.

Doss, 25th and Hermosa Avenue, said there were enough stores and car washes in the area, this project was not needed and a waste of money, and the sale of beer and wine would attract the wrong crowd. He stated opposition to the project.

Chairman Tucker stated a letter from James Lissner had been received and read by Commissioners.

Mr. Peotter declined the opportunity for rebuttal.

No one else wished to speak, and Chmn. Tucker closed the Public Hearing at 7:57 p.m.

Discussion

Comm. Perrotti requested the Resolution, first paragraph, line A, be changed to read, "...service station and restaurant..." for clarification. He suggested the larger signs be reduced in size. He said the Commission did not decide what business succeeded or not, the closest business location offering beer and wine was in Redondo Beach, and the project appeared to be a good one for that intersection, with an opportunity for the City to install a gateway sign. Comm. Merl agreed the signs could be reduced in size, and explained the Commission addressed findings; not retention of current businesses, which was a private matter. He said he saw no grounds for denial. Comm. Schwartz stated concern regarding the signage, including a rational for 276 square feet of signage, which she felt sufficient at this location. Comm. Pizer said, assuming close compliance, he "could live with" the requested signage. Chmn. Tucker stated his largest concern was the signs, noted there was no diesel fuel signage, objected to increased/additional signs at other locations and the possibility this might happen at this location, and detailed specific sign reductions.

Responding to Commission requests, Mr. Peotter said the 60' sign would be tough to take off, sign G could become non-illuminated and recessed in the building, B could be downsized to 5' x 7', E could be changed to the same type as D, but the canopy logos should stay the same. He explained the canopies were light for safety and visibility. He said the signs could be reduced to 283 square feet, total, with signs 1 and 2 deleted or made smaller. Chmn. Tucker expressed a preference for sign D, without blue backgrounds. Comm. Pizer said the only significant sign was the monument on Pier Avenue. He felt this sign should be reduced in size, stating he did not believe in micro-managing businesses, commenting the signs were planned and an advertising element. Chmn. Tucker felt the illumination and signage was too intense.

MOTION by Comm. Perrotti, Seconded by Comm. Schwartz, to ADOPT this Resolution with the addition of the words, "and restaurant" in Paragraph 1, Line A, and a reduction in sign area including the monument sign, as agreed to by the applicant. Staff is to review and monitor the project, assuring a sign reduction to a total of 276 square feet.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Clerk within 10 days from this date.

8. SUB 96-1/CON 96-14 -- CONDITIONAL USE PERMIT FOR R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOUR FOR SINGLE FAMILY DWELLINGS AND ONE FOR A PRIVATE STREET), AND VESTING TENTATIVE TRACT MAP #52278, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532-540 20TH STREET.

Staff Recommended Action: To approve said Conditional Use Permit and Vesting Tentative Tract Map, and adopt an Environmental Negative Declaration.

Director Blumenfeld described the proposed project and unit construction, commenting the site had a drainage problem which could be addressed by construction of two detention/sump basins. A private street may be approved as part of the tract map, and would minimize environmental effects and permit flexibility in layout design and drainage. The plans comply with review requirements for a planned development. He detailed the applicant's proposal to result a majority of the site drainage problems, stating the Public Works Dept. has been requested to verify calculations, probability of design objective achievement and provide conditions to ensure its maintenance. He discussed planned drainage measures, drain pump capability and operation with the Commissioners.

Chmn. Tucker opened the Public Hearing at 8:40 p.m.

Cheryl Vargo, 5147 Rosecrans Ave., Hawthorne, applicant's representative, said the houses would average 3900 square feet with different fronts and materials, three-space garages and three open parking spaces. She said a private street was necessary to this plan, which preserved the hill side and addressed the inherent drainage problems. She discussed water direction, drainage plans and paths, and detailed the topography of this project for the Commission, including presentation of site photographs. She explained a Homeowners Association would be created and the street would be owned and maintained in common by the four property owners, which would be a CC&R requirement. Director Blumenfeld said Condition #5 addressed this requirement.

Bill Sours, 2101 Power St., stated his support of this project, but expressed concern regarding the turn at Power and 20th Streets, which he felt would become worse with this construction. He requested consideration of this area. His discussion with Staff assured him street lighting and underground utilities were planned in this project. He expressed concern regarding Police and Fire Depts. services on private streets. Director Blumenfeld explained the procedures and abilities to service these areas.

Vickie Garcia, 1835 Valley Park Ave., said nothing had changed; the storm drain still would not be able to handle the quantity of water. Three years ago, seven homes were flooded. She strongly opposed this project, stating the City is letting go of controls.

Celest Cour, on the top of the hill on Loma, asked everyone remember the trees. She said there used to be many trees, but all but three trees were now removed or dead. She requested as many trees as possible remain.

Mr. Garcia, 1983 Valley Park, said he got flooded, asked what size the sump pump was going to be, commented the project was a good one but many concerns regarding water containment had not been taken care of. He discussed enforcement of the Homeowners Association CC&R's with the Commission and Staff, requesting the flooding problems "be taken care of".

Comm. Perrotti opined that private streets and drives were the future. Director Blumenfeld explained the Conditions were enforceable, establishing project controls, discussed the division wall, water flow and planned water containment with the Commission. When asked, he stated Staff did not believe a traffic study was required for this project, stating the current condition will change per the proposal. After discussion with Commissioners, he stressed this would be a local street, with requirements no more excessive than for other local streets. Comm. Pizer noted the Public Works Dept. would be reviewing and monitoring this project, addressing the issues of draining and safety. Comm. Schwartz suggested signage or mirrors be placed at the private street exit for safety purposes.

REBUTTAL

Cheryl Vargo responded most of the on-site trees were not healthy, many had root systems that would interfere with construction and plumbing, and most would be removed. The street lights will total five or six low level lights and will be the responsibility of the Association. She felt a cul-de-sac at 20th and Power Streets would improve the "bad turn", stated the southern-most house would be sprinkled, as approved by the Fire Dept., and that sump pump failure was not an issue because it would not be operating during flooding, but before and after.

Chmn. Tucker stated a letter from Kathleen Milner had been received and read.

No one wished to speak, and Chmn. Tucker closed the Public Hearing at 9:30 p.m.

Discussion

Comm. Perrotti said he was familiar with hydraulic studies completed in other cities, suggesting the Conditions specify the Public Works Dept. must review the adequacy of the draining plan, including power source and pipes. He requested Condition #5, the paragraph concerning conditions and restrictions should include language stating the City would be held harmless for liability purposes, and everything in the paragraph would be reviewed and meet the City Attorney's approval. Referencing the issue of the private street, he said the City would have such developments with private streets and landscaping.

Comm. Merl agreed with these statements, with the proviso the street outlet be widened, taking space from the corner for entering and exiting, which would give more visibility. Chmn. Tucker stated his agreement, commenting this was a good project, but he would like to see trees planted as shown in the plans, a wider sweep at the corner access, with the water system and storage subject to Public Works Dept. approval. He requested added language to Condition #5 requiring an annual inspection, not funded by the City. He suggested these requirements be included in the CC&R's.

MOTION by Comm. Merl, Seconded by Chmn. Tucker, to APPROVE Staff's recommendation, with addition of Conditions discussed by the Commission including the liability waiver, annual inspection requirement included in the CC&R's, a requirement to work with Community Development Director in developing and implementing an adjustment to the 20th Street entrance in a westerly direction, widening and widening the access and eliminating the blind spot and street width, addressing the blind intersection of the easterly side, and to require the number of mature trees shown on the plan to be reflected in the finished project, as presented.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Council within 10 days from this date.

A break was taken at 9:45 p.m. Chairman Tucker reconvened the meeting with all Commissioners present.

9. CON 97-3 -- CONDITIONAL USE PERMIT MINOR AMENDMENT TO MODIFY PLANS TO RELOCATE REAR DWELLING UNIT BALCONY AS ORIGINALLY REQUIRED BY THE PLANNING COMMISSION FOR A TWO-UNIT CONDOMINIUM AT 928 17TH STREET.

Staff Recommended Action: If approved, to adopt the attached resolution.

Mr. Schubach said a condition had been imposed regarding the balcony, requiring a diagonal balcony and moved 6 feet to the west. The designer requested approval of only shifting the balcony 6' to the west, resulting in it being opposite the rear garage wall of the neighbor's to the south. He said this balcony was not necessary to meet the open space requirement.

Chmn. Tucker opened the Public Hearing at 9:55 p.m.

Elizabeth Srour, 101 6th St., Manhattan Beach, contested Mr. Schubach's statement, saying the applicant had been originally told the balcony was necessary to meet the open space requirement. She explained the building foot print had been moved by two feet, and the proposed balcony would be over the garage to assure more privacy to the adjacent neighbors. She said this balcony would have access from the living space of the living room, dining room and kitchen, noting the balcony was required to comply with the open space requirement. Noting the deck had been reduced in length, she requested that it remain as part of the plans, and the plans be approved. Neighbors to the south had been contacted, with no response.

Sandy Thomas, 929 16th Street, said her garage is 14' in width; the proposed balcony is 12', 7' wide. The new residents will now be looking directly onto her property and into her bedroom, with the balcony 15' in the air. She suggested the balcony be placed on the west side of the building. Stating she wished to preserve her privacy, she said with the land build-up, the new residents will be looking directly into her back yard.

Ron Thomas, 929 16th Street, said he was not opposed to the project, it did not matter where the deck was, but it was so high that his back yard and bedroom will lose all privacy. He requested the deck be totally removed since it was not needed to meet the open space requirement.

REBUTTAL

Elizabeth Srour said an effort had been made to remove to deck from the area immediately adjacent to the neighbors, commented the deck was only 84 square feet and oriented to capture the west view, similar to the one on the property to the east. She reiterated the deck was necessary to comply with the open space requirement, commented the applicant had agreed to put landscaping between the two properties to increase privacy, requesting the applicant be granted the same opportunities as adjacent property owners. She said the building was designed to accommodate a family with children who would play in the downstairs area. She discussed the setback and building footprint with the Commissioners.

No one else wished to speak, and Chmn. Tucker closed the Public Hearing at 10:15 p.m.

Discussion

Chmn. Tucker said he could approve the application with the addition of required landscaping between the properties and requiring the deck be made smaller. Comm. Schwartz said she was concerned with the width; only the length.

MOTION by Chmn. Tucker, Seconded by Comm. Merl, to APPROVE applicant's request concerning CON 97-37 Conditional Use Permit minor amendment, with the added requirement that the deck be 10' x 7' or smaller.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Council within 10 days from this date.

10. GP 96-5 -- GENERAL PLAN AMENDMENT: WATER CONSERVATION PLAN

Staff Recommended Action: To recommend approval of said General Plan Amendment.

Mr. Schubach said this amendment would put into the General Plan what the Water District was planning and had been done already to some extent and was required by State law. Comm. Perrotti noted the green belt had not been included as one of the water sites. Mr. Schubach said that was included but not noted. Chmn. Tucker asked if provisions had been made for the downtown area, to which Mr. Schubach responded that might be a future plan. Chmn. Tucker suggested provision be made in the downtown area while it was torn up to save future money.

Chmn. Tucker opened the Hearing at 10:27 p.m. No one wished to speak on this subject, and Chmn. Tucker closed the Hearing at 10:27 p.m.

Discussion

MOTION by Comm. Perrotti, Seconded by Comm. Merl, to ADOPT the Resolution, as recommended by Staff.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Council within 10 days from this date.

11. TEXT 95-8 -- TEXT AMENDMENT TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE TO ALLOW UP TO A 10% MARGIN FOR ADMINISTRATIVE DECISION IN CERTAIN JUSTIFIABLE CASES ON LOTS OF 2,100 SQUARE FEET OR LESS, AND STUDY THE POLICIES OF OTHER CITIES TO DETERMINE THE EFFECT OF A 10% OPEN SPACE REQUIREMENT FOR ALL R-1 LOTS.

Staff Recommended Action: To recommend approval of said text amendment.

Director Blumenfeld said this text amendment was to provide relief on small lots, with the issue being City wide. Mr. Schubach said all open space would be allowed on decks, with provisions which he detailed. Staff also recommended pursuing a study of the requirements of the percentage of lot sizes of R-1 lots throughout the City. The Council asked Staff study the possibility of a fluctuation in the 2,100 square foot amount, which is not recommended by Staff as being too arbitrary. Director Blumenfeld said the proposal would be to make the open space requirement 300 square feet for lots of 2,100 square feet or less, with lots of up to 2,300 square feet being considered on a case-by-case basis.

Chmn. Tucker opened the Public Hearing at 10:35 p.m. No one wished to speak, and Chmn. Tucker closed the Public Hearing at 10:35 p.m.

Discussion

MOTION by Comm. Merl, seconded by Comm. Perrotti, to APPROVE Staff's recommendation.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Council within 10 days from this date.

HEARINGS

12. NR 97-1 -- A REMODEL AND EXPANSION TO AN EXISTING SINGLE FAMILY DWELLING WITH NONCONFORMING SIDEYARDS RESULTING IN A GREATER THAN 50% INCREASE IN VALUATION AT 1105 FIRST STREET.

Staff Recommended Action: To approve said request.

Mr. Schubach said this was a typical request for remodel, of which Staff recommended approval with standard conditions.

Chmn. Tucker opened the Public Hearing at 10:39 p.m.

James Montero, 1105 1st Street, applicant, said the project was model in size and approach, with the building set back 52' from the front property line. He said the chain link fence was being removed in sections, leaving only a 15' length.

No one else wished to speak, and Chmn. Tucker closed the Public Hearing at 10:42 p.m.

Discussion

MOTION by Comm. Merl, seconded by Comm. Perrotti to APPROVE Staff's recommendation.

AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker

NOES: None

ABSENT: None

ABSTAIN: None

Chmn. Tucker stated this decision may be appealed to the City Council within 10 days from this date.

STAFF ITEMS:

13.a Community Development Department activity report of January, 1997.

Receive and File

13.b Tentative future Planning Commission agenda.

Director Blumenfeld said building and planning activity had increased, resulting in a second meeting this month. Chmn. Tucker said the next meeting was scheduled March 18, 1997.

Receive and file.

13.c City Council Minutes of February 11, 1997.

Receive and File

COMMISSIONER ITEMS None

ADJOURNMENT

MOTION by the Commission to adjourn at 10:46 p.m. No objections; so ordered.