PLANNING COMMISSION MINUTES October 14, 2015

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1 Approved 10/28/15 PLANNING COMMISSION MINUTES October 14, 2015 A regular noticed meeting of the Planning Commission of the City of Laguna Beach, California, convened at 6:00 P.M. in the City Council Chambers on October 14, ROLL CALL: Present: Absent: Staff Present: Also Present: Chairperson Ken Sadler, Chair Pro Tem Sue Kempf and Commissioners Anne Johnson, Roger McErlane and Susan McLintock Whitin None Ann Larson, Assistant Director of Community Development Anthony Viera, Assistant Planner Ann Marie McKay, Administrative Assistant Phil Kohn, City Attorney PUBLIC HEARINGS 1. Conditional Use Permit , Planning Commission Design Review and Coastal Development Permit to modify existing Laguna College of Art + Design campus facilities and provide new classroom, gallery and ancillary space at an existing multi-tenant commercial development (2825 Laguna Canyon Road). Design Review is required for parking lot restriping and exterior building modifications. Anthony Viera restated the continuance request. Motion SK Second RM Action Continue Conditional Use Permit , Planning Commission Design Review and Coastal Development Permit to the October 28, 2015 Planning Commission Meeting. Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y 2. Temporary Use Permit and Coastal Development Permit to allow a seasonal tent from November 15, 2015 through March 15, 2016, for a three-year period at an existing mixed-use hotel, restaurant, banquet and golf course facility at Coast Highway (The Ranch). The seasonal tent will only be used for the purpose of protecting customers in an

2 existing outdoor dining area from potential inclement weather during this time period. The tent will not result in any intensification of use on the subject property. Ann Larson summarized the request and advised that staff is unaware of any opposition or letters of concern regarding the application. Questions of Staff: Regarding Condition #8, Ms. Larson advised Commissioner Sadler that the Fire Department reviews the plan and conducts an inspection to ensure the tent setup meets all fire safety requirements. Ms. Larson responded to Commissioner Sadler that only heaters approved by the Fire Department would be allowed, meaning no propane heaters. Regarding the emergency procedures on page 10 of the staff report, Ms. Larson confirmed for Commissioner Johnson that those procedures will be posted at each exit. Ms. Larson clarified for Commissioner Whitin that the application is for four months of the year, November through March, not three months of the year. Ms. Larson added that the request is seasonal, so the applicant is requesting the maximum time that the tent may be needed, but the intent is to reduce the amount of time the tent is in use as much as weather permits. Public Testimony Regarding the Project: Jim Tolbert, applicant, responded to Commissioner McErlane that they are requesting the maximum time allowable; however, they hope to not need the tent after a year. Motion AJ Second SW Action Approve Temporary Use Permit and Coastal Development Permit at Coast Highway, subject to conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y 3. Planning Commission Sign Permit to install a wall sign at 210 Forest Avenue, Suite A (previously Fingerhut Gallery). Anthony Viera summarized the staff report. Questions of Staff: Mr. Viera responded to Commissioner Johnson that staff administratively approved the largest size staff is comfortable with approving, with the sign at 35 inches. Mr. Viera explained to Commissioner Sadler staff s comments about the backdrop and staff s concerns about how the design and placement of the sign adds to the appearance of mass. Public Testimony Regarding the Project: Keri Cook, applicant, explained that they are revising their signage to be consistent with their other galleries. She stated that the wall sign is the primary building sign and faces oncoming traffic heading north on Coast Highway, so they feel they need a larger sign for the lettering to be visible; the lettering would be about 4 inches tall with the proposed sign. She noted that the building is a large two-story building and they are replacing the old Fingerhut sign, which was at least 45 inches, if not bigger. PC Minutes 2 October 14, 2015

3 Ms. Cook confirmed for Commissioner Johnson that if the Commission does not approve the proposed larger sign, they would proceed with the smaller sign that staff administratively approved. Ms. Cook responded to Commissioner Sadler that the letter size increases from 3 inches to about 4.5 inches with the proposed larger diameter sign. Commissioners Comments: Referring to the photo simulation provided showing the larger sign, Commissioner Whitin submitted that it would still not be legible from a vehicle. She acknowledged that the medallion design is eye-catching; however, she asserted that increasing the size would not make a difference to vehicles. In response to Commissioner Whitin on whether the applicant thought about using a blade sign, Mr. Viera advised that a blade sign has been approved for the Forest Avenue frontage and the applicant could propose one for the Coast Highway frontage. Commissioner Kempf agreed with Commissioner Whitin on the size and agreed with the staff recommendation. Commissioner Johnson stated that she likes the design and logo and finds the proposed sign attractive. She stated that she would approve the sign at 35 inches, as recommended by staff. Commissioner McErlane commented that he also likes the logo, which he viewed as art. He agreed that it would be difficult for drivers to figure it out and read the sign even at the proposed size because of the design. He opined that the smaller sign would be as good a mark as the bigger proposed sign and the increase in size would not make a difference; therefore, he supported the staff recommendation. Commissioner Sadler agreed. He stated that the staff report is complimentary and makes valid points on why the requested increase in size is not consistent with City policies. Motion RM Second SW Action Deny Planning Commission Sign Permit Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y 4. Conditional Use Permit The Planning Commission will conduct a public hearing to review the business operations and compliance with the conditions established in the resolution approving the Conditional Use Permit for the business located at 266 Forest Avenue (Oceane Skin Care) and may consider and require immediate condition compliance, amendment of the conditions of approval or initiation of proceedings for the revocation of the Conditional Use Permit as specified in Municipal Code Section Anthony Viera summarized the staff report. Questions of Staff: Regarding the property s boundary line, Mr. Viera advised Commissioner McErlane that it appears the property has a zero setback, so the façade of the building is the boundary line. However, Mr. Viera explained that any interaction with pedestrians on the sidewalk violates the Downtown Specific Plan policies. PC Minutes 3 October 14, 2015

4 In response to Commissioner Sadler on whether staff s position is that the business is not in compliance with its Conditional Use Permit, Mr. Viera explained that one of the findings the Commission had to make was that the use is not contrary to the objectives and policies of the City s General Plan and Downtown Specific Plan and, as the business is currently operating, it is in violation of Downtown Specific Plan provisions. Mr. Viera confirmed for Commissioner Sadler that the additional language staff is proposing to add to the Conditional Use Permit conditions is to clarify activity that is already prohibited in the Downtown Specific Plan. Mr. Viera explained that staff s goal is to achieve voluntary compliance; however, Code Enforcement action, including notices of violation and citations, have not abated the issue. Therefore, Mr. Viera explained, staff is recommending that the Commission adopt a formal stance on the issue to direct staff on the noted violations of the Downtown Specific Plan and Conditional Use Permit. Lillian Irish, Code Enforcement Officer, advised Commissioner Whitin that the business has been issued three citations. Phil Kohn, City Attorney, responded to Commissioner Whitin that it is not just a presumption that a business must comply with the Laguna Beach Municipal Code, but a requirement. Ms. Irish advised Commissioner Kempf that staff ceased enforcement action one staff decided to bring the applicant before the Planning Commission; however, staff is monitoring the situation and has seen the violations continue, and staff has received additional complaints. Ms. Larson added that staff, with the City Attorney, met with the business operator and their attorney and explained the City s position, requesting that the business comply with the Code, so there is no ambiguity for the business on staff s position. That meeting took place on July 21. It was confirmed for Commissioner Johnson that staff has received additional complaints since July 21. Public Testimony Regarding the Project: Joseph Tilem, attorney for the applicant, referenced the letter he provided last week and the pictures provided today. He assured that the business operators are aware of the Code and Conditional Use Permit restrictions. He stated that the owners tried to reign in the store manager, but ended up terminating his employment and brought in a new manager who will ensure that the business complies with the Code and the Downtown Specific Plan. Mr. Tilem assured that there will not be future problems. He advised that the owners have installed five cameras in the store to watch remotely so they can address any issues that may arise. He asserted that the issue is a neighbor dispute; the stores are directly next to each other. Mr. Tilem stated that the business now has a new manager and a new system to prevent future problems. He said they understand that stepping on the sidewalk is not allowed; however, greeting from the doorway is a normal business practice. He noted restaurants with kiosks abutting the sidewalk, with employees that invite passersby to have dinner at their restaurants. He asserted that the practice is not upsetting the nature of the street, but is a matter of how rigid the City is in enforcement. Mr. Tilem speculated that the neighbor does not like his client and is the source of most of the complaints. He explained that his client s business model is to attract people on the street, but they are now advertising in the Laguna Beach magazine, and he provided a copy of the magazine with the advertisement. He stated that it is a new business that would like to be successful. Mr. Tilem advised Commissioner Whitin that the new manager was hired three weeks ago. PC Minutes 4 October 14, 2015

5 Michael McFadden, owner of Rock Martin Jewelry, adjacent to the subject business, assured that he does not dislike Oceane and in fact finds the personnel very nice. However, he explained his problem trying to do business when potential customers are being pulled from his display window. He noted that Rock Martin Jewelry has been in business for 47 years and it is not getting easier, with high rents, competition and changes to the town. Mr. McFadden expressed his frustration with such a distraction 6 inches from his door and asserted that it is not about him, but about the town. He acknowledged that such practices occur in other places, but not here. He also mentioned the noise and commented on the new manager s loud speaking voice and noted that the business practices have not changed. Mr. McFadden stated that he understands a new business trying to succeed, but explained that he is a small business owner and Oceane s tactics disrupt the peace on the sidewalk to the extent that people do not want to go near the area. He said he is trying to stay in business and the tactics continue to occur, as recent as yesterday, not two weeks ago. David Rubel, owner of a store down the street, stated that he walks up and down the street and has seen both Oceane and the new business across the street approaching passersby, and he thought it was the same business because they are using the same tactics. Mr. Rubel explained the sensitivity of the retail jewelry business, which requires a soft sell because jewelry stores can be intimidating and such aggressive tactics displayed by Oceane would backfire. He noted the importance of people enjoying the environment and stated that it would kill his business if someone stood next to his display window approaching people with their products. Mr. Rubel asserted that such tactics are killing the ability for someone to window shop at Rock Martin. He noted that business is tough now and having people s attention diverted in such a manner puts them on the defensive. Mr. Rubel also countered that such tactics are not a normal way to do business; on this street, in this environment, it is counterproductive to everyone else and hurts other businesses on the street. He stated that he has noticed that people are starting to divert from their usual route to avoid the area and he asked how many distractions are businesses expected to absorb, in addition to the homeless and street musicians. Marisa Jamison, manager of Bushard s Pharmacy, stated that they receive complaints everyday about Oceane. She stated that their customers are being harassed and are going to the pharmacy for something to help resolve issues they got from using Oceane products. Ms. Jamison asserted that Oceane s tactics are not appropriate for Laguna and not what Laguna wants tourists remembering; visitors should remember how nice the people were in the store. She stated that she has a list of customers experiences with Oceane and she indicated to Commissioner Johnson that she will provide that list to City staff. Rebuttal: Liam Ben-David, one of the owners of the business, noted that they opened at the end of May. He stated that they have always made things work and got along with their neighbors and the city, but in this case, they have a neighbor dispute and issues with establishing the boundaries. He explained that the entrance to the business is shared with the neighbor, but has different cement from the sidewalk, so they thought that area was part of the lease as the property line. He explained that until the July meeting, they thought it okay if their employees stood in that area. Mr. Ben-David asserted that they surveyed the area and found it to be a normal practice, such as by restaurants on the street. He also stated that the Police Department advised him that as long as they stay within their business, they can do whatever they want. He said that he understands that the neighbor is not happy and that is not their intention, so they have now started advertising and they terminated the previous manager. He stated that they do not feel that standing in the doorway distributing samples is prohibited and he contested Ms. Jamison s remark about unhappy PC Minutes 5 October 14, 2015

6 customers. Mr. Ben-David assured that they have plenty of happy customers that are happy with the product, and he noted that Oceane is the only skin care store in the area. Commissioners Comments: Commissioner Kempf stated that she reviewed the record and the staff report and application for the February hearing on the Conditional Use Permit. She noted that the applicant at that time was Sanja Simidzija but the resolution was signed by Shay Ben Hamo. Ms. Simidzija responded that she is a silent partner and she explained to Commissioner Kempf that she was the owner of the previous business in that location, was approached by Oceane, and made a deal with them as a silent partner. Commissioner Kempf noted the Profit and Loss section on the fourth page of the partnership agreement and Ms. Simidzija stated that she is unsure about the amount of interest she will receive because the business is new. Ms. Simidzija stated that she trusts the other partners. Commissioner Kempf referenced the text messages between Michael McFadden and Ms. Simidzija where Mr. McFadden asked Ms. Simidzija if she is listed as a partner of Oceane Skin Care and Ms. Simidzija responded that she is not. Ms. Simidzija explained that no profits have been shared and it is possible she misunderstood Mr. McFadden s question. Commissioner Kempf noted that Ms. Simidzija appeared before the Commission as the applicant, but did not sign the resolution, and Ms. Simidzija argued that those details are not a concern of the Planning Commission. Regarding the statement in Mr. Tilem s letter that Laguna Beach appeared to be flexible, Commissioner Whitin stated that in regards to solicitation, the City is not flexible. She noted that the Laguna Beach Municipal Code clearly prohibits the practice. She also noted that Mr. Tilem is a former mayor of Beverly Hills, which has the same restrictions, so he is familiar with such regulations. She added that if the business was unaware of the restrictions, she did not understand how they would think the City is flexible after receiving three citations, the first of which was received 14 days after the store opened. Also, she noted the meeting with the City Attorney, where they were advised that if the actions continue, they run the risk of having their Conditional Use Permit revoked, yet the solicitation has continued. Commissioner Whitin noted the videos taken subsequent to the meeting, the receipt of at least 30 complaints and the citations issued. She stated that every time she has been downtown, including today, she has witnessed the solicitation occurring. Therefore, she asserted, the idea that the new manager is making a difference is not true because the conduct has not stopped. Commissioner Whitin submitted that Oceane s tactics are the kind of predatory solicitation that occurs in malls and such conduct is not permitted by the Laguna Beach Municipal Code or the Downtown Specific Plan. She argued that they have been given plenty of reminders and have demonstrated that they are not interested in following the rules, but instead choose to flagrantly flaunt them. She stated that she does not know how else to interpret their actions. Commissioner Kempf stated that she also passed by the store just before 5:00 p.m. today and had the same experience; Oceane employees were on the sidewalk passing out white bags. Though they may have a new manager, she asserted that they continue to operate the same way. Commissioner Johnson asserted that the issue is not a neighbor dispute, but a community dispute and the City has received complaints from many people. She noted that the Commission approved a specialized, high-end store, yet since it opened, it has been the source of chronic complaints. She noted that there are six documented complaints since the July meeting, which does not include the anecdotal or the Commissioners personal experiences, and there has been no change with the new manager. However, she stated that she is willing to give them one more chance with two PC Minutes 6 October 14, 2015

7 conditions in addition to staff s recommendation: that the business automatically comes back before the Planning Commission in 90 days for another review even if no complaints are received, or immediately if any complaints are received within those 90 days. Commissioner McErlane concurred with Commissioner Johnson, stating that her added conditions are a great idea. Commissioner Whitin stated that she is leaning towards revocation, but is willing to consider staff s recommendation with Commissioner Johnson s additions. Mr. Kohn advised Commissioner Whitin that the City cannot automatically revoke the Conditional Use Permit if a violation occurs; however, the business could be brought back before the Planning Commission for revocation if a single violation is documented. Mr. Kohn suggested that if the Planning Commission is inclined to take the action recommended by Commissioner Johnson, then they may want to invite the applicant back to the podium to ensure they have a clear understanding of the limitations on activities, and to obtain acknowledgement that any violation would result in revocation proceedings. Commissioner Sadler agreed that the Commission should make the determination to initiate revocation proceedings. He submitted that adding additional language to make clear what is already clear would not make a difference; there should be no misunderstanding of what is allowed at this point. He stated that all business activity is to occur within the building itself; employees should not stand in the doorway to get the attention of pedestrians. Commissioner Sadler noted that he saw them today yelling out to people, handing out bags, like a carnival hawker and he said he does not understand why they thought such tactics are appropriate. He referenced the Code Enforcement activity log and questioned continuing to use City resources to deal with an applicant that refuses to comply. However, he stated that he is willing to go along with Commissioner Johnson, but asked if the Commission can require them to come in sooner than 90 days. Mr. Kohn explained that Commissioner Johnson s recommendation was for them come in automatically in 90 days even if no complaints are received, but immediately if any complaints are received within those 90 days. Commissioner Kempf stated that she firmly recommends revocation on the grounds of misrepresentation on the application, public nuisance and violations of the Downtown Specific Plan. She argued that the Commission should not grant an extension because today, the day of their hearing before the Planning Commission, they continued the violations. She asserted that the City should not spend any more time on the issue and that it is not good use of staff time to continue monitoring the situation. She reiterated that it does not make sense to grant the applicant more time and stated that Oceane s practices do not reflect how this City operates. Commissioner Sadler stated that he can be swayed either way. He doubted that the behavior will change and submitted that the tactics are a bad business practice. He noted that the store has a small doorway, so the employees are blocking the entrance, which is counterproductive. Commissioner Sadler noted that the Commission can add additional language to the Conditional Use Permit, or proceed with revocation, and he stated that Commissioner Kempf made good points. He said he also has concerns and he stated that the Planning Commission and the City try to be business friendly. Commissioner Sadler stated that the Commission has never had this issue in the time that he has been a Commissioner, with weighing the possibility of revoking a Conditional use Permit, so it is a very unique situation that should not happen. PC Minutes 7 October 14, 2015

8 Commissioner Kempf made a motion to revoke the Conditional Use Permit, Commissioner Whitin seconded and the motion passed, with Commissioner Johnson voting against. Mr. Kohn advised that the item should be continued to the next Planning Commission meeting for staff to draft a revocation resolution for the Planning Commission to adopt. He confirmed for Commissioner Johnson that the business can continue to operate until the end of the appeal period, which would start after the resolution is adopted at the next meeting. Commissioner Kempf amended the motion to include Mr. Kohn s direction regarding the resolution. Motion SK Second SW Action Revoke Conditional Use Permit at 266 Forest Avenue, with the revocation resolution to be approved at the October 28, 2015 Planning Commission meeting. Motion carried 4-1. Vote: Johnson N McErlane Y Whitin Y Kempf Y Sadler Y 5. Planning Commission Design Review to modify the storefront of an existing commercial building with a new glass bifold system at 266 Forest Avenue (currently Oceane Skin Care). Anthony Viera summarized the staff report. Questions of Staff: Mr. Viera confirmed for Commissioner McErlane that the building has no historic rating; it was built in 1949, only 30 years before the Historic Inventory was created. Public Testimony Regarding the Project: Joseph Tilem, attorney for the applicant, advised that they will not pursue this request unless the City Council overturns the Planning Commission s revocation of the Conditional Use Permit. Should that occur, Mr. Tilem stated that they will make changes to the application based on staff s comments. He explained that the purpose of the request is to have the store s entrance farther from the neighboring store s doorway so they are no longer on top of each other. He requested that the project be continued to a date certain or tabled until a determination is made regarding the Conditional Use Permit. Ann Larson recommended that the Commission table the project, which will be re-noticed if the applicant decides to pursue it. Motion AJ Second RM Action Table Planning Commission Design Review Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y 6. Conditional Use Permit to allow a cryotherapy establishment in conjunction with ancillary retail sales at 1400 South Coast Highway, Suite 103 (previously Journey Boutique). Communication Disclosures: Commissioners Whitin and Kempf reported that they each met with the applicant. PC Minutes 8 October 14, 2015

9 Anthony Viera advised that staff is unaware of any opposition or letters of concern regarding the application and the applicant supports the staff recommendation. Public Testimony Regarding the Project: Salil Sharma, applicant, thanked the Commissioners and staff. He explained his engineering background with Fortune 500 companies, and advised that his wife is a licensed occupational therapist. Mr. Sharma described suffering with back pain for 20 years and trying several alternative treatments that only provided temporary relief, so he had to take pain medications. He stated that he tried cryotherapy and immediately felt a difference. He said he noticed his pain reduced and he felt younger, better and slept better. Mr. Sharma stated that after just three more sessions, he stopped taking pain medications. His wife, who had knee problems, then tried it with similar results. So they decided to pursue opening their own practice, focused on something tried and tested. He explained that cryotherapy has been in Europe over 20 years; there are six cryotherapy centers in Orange County and about 100 in the United States. Mr. Sharma stated that people have experienced huge benefits. Ashima Sharma, applicant, advised that she is an occupational therapist. She explained that the cryotherapy treatments are two- to three-minute sessions, stimulating the central nervous system and releasing endorphins. She stated that cryotherapy is used for anti-aging, weight loss by helping to burn calories per session, facial treatment to reduce pore size and diminish fine lines, along with several other benefits. Commissioners Comments: Commissioner Whitin commented that cryotherapy is popular with athletes because it is good in treating joint inflammation. She submitted that with the City s demographics, the business should have a lot of customers. Commissioner Sadler stated that he is willing to support approval of the application. Commissioner McErlane supported approval and agreed that it is a beneficial therapy. Motion RM Second AJ Action Approve Conditional Use Permit at 1400 South Coast Highway, Suite 103, subject to conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y 7. Conditional Use Permit to establish and operate a body art facility specializing in tattoos and body piercings in conjunction with ancillary retail sales at 1850 South Coast Highway (previously Sin is Pretty). Anthony Viera summarized the staff report and advised that the County conducts annual inspections. Questions of Staff: Mr. Viera advised Commissioner Whitin that the Police Department reviews of applications entail using prior experience on whether additional conditions of approval should be imposed because of the use, location, etc. He stated that the Police Department has no concerns about this application. PC Minutes 9 October 14, 2015

10 Mr. Viera advised Commissioner Kempf that there are currently two tattoo establishments in Laguna Beach: Laguna Ink Spot in North Laguna that obtained a Conditional Use Permit in 2012 and was the first establishment approved under the Tattooing Establishment Ordinance, and Laguna Tattoo, which predates the Conditional Use Permit requirement. Mr. Viera responded to Commissioner Whitin that there have been no calls for service or complaints regarding either establishment. Regarding the hours of operation, Mr. Viera advised Commissioner Kempf that Laguna Ink Spot s approved hours are 8:00 a.m. to 8:00 p.m. daily and until 10:00 p.m. for art-related events and Laguna Tattoo s posted hours are 12:00 p.m. to 8:00 p.m. daily. He also advised Commissioner Whitin that Laguna Ink Spot was approved as by-appointment-only; since Laguna Tattoo predates the Conditional Use Permit process, it does not have such restrictions. Regarding maintenance of records, described in paragraph (2)(a) on page 18 of the staff report, Commissioner Johnson requested clarification on whether the two years is for each individual record or for whatever records have been collected two years after the shop opens. She asserted that records should be kept for two years for each individual because the purpose is in case a medical or service issue arises. Mr. Viera confirmed for Commissioner Whitin that the County inspects tattoo establishments annually. Public Testimony Regarding the Project: Mason El Hage, applicant, confirmed for Commissioner Johnson that the County Health Department requires medical information on individuals to be maintained for two years. He thanked everyone, especially City Planning staff. He stated that he is a husband and father of three, grew up in Orange County and came to Laguna all times of the year to visit his favorite beaches and the art festivals. He stated that he has thousands of fond memories of Laguna and wants to preserve, protect and share those memories with his children. Mr. El Hage viewed this as an opportunity to give back to the area by providing tax revenue and artwork. He described his background in art and business, noting that he won his first award at six years old and was a docent at the Huntington Beach Art Center. He noted his various degrees and explained that he is inspired to create and learn something new through his passion of the arts. Mr. El Hage stated that he uses many different art forms and each one is an expression of himself in a positive way, but tattooing is his favorite art form because it is the most technically challenging and inspiring. He assured that his goal is to provide a fun, safe, familyoriented environment. Mr. El Hage confirmed for Commissioner Kempf that the store manager onsite may also be a body art practitioner; however, there will be someone manning the front when the onsite manager is with a client. Mr. Viera explained to Commissioner Whitin that the allocation of square footage for retail specified in the resolution as 32.3 square feet was calculated using the 3% figure provided by the applicant. Mr. El Hage confirmed for Commissioner Whitin that the retail items will be clothing, such as shirts, and also jewelry and artwork prints. PC Minutes 10 October 14, 2015

11 Marta Ritchey, United States Postal Service Redondo Beach Postmaster, advised that Mr. El Hage is her son and he was commissioned for a mural in Huntington Beach. She expressed her appreciation for the Commission s consideration. Commissioners Comments: Commissioner Whitin supported approval with some changes to the conditions. She requested that the applicant have the same hours as Laguna Ink Spot, and possibly also be appointment-based. It was confirmed for Mr. El Hage that the First Thursday Art Walk extends beyond the location for his business. Regarding being appointment-based, Mr. El Hage responded to Commissioner Whitin that he intends to operate that way during the week; however, weekend operations are different, so he asked about the conditions of what would be considered an appointment. Commissioner Whitin acknowledged that it would be difficult to regulate such a requirement, unless there are complaints, so she withdrew the appointment-based suggestion. Commissioner Kempf recommended that the hours of operation permitted to 10:00 p.m. for artrelated events be expanded to special City events, so the applicant is not limited to just art-related events. Motion SW Second AJ Action Approve Conditional Use Permit at 1850 South Coast Highway, subject to amended conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Whitin Y Kempf Y Sadler Y REGULAR BUSINESS 8. Discussion 2016 Meeting Calendar. Commissioner Kempf advised that she has conflicts with three dates: February 24, May 25 and September 28. If an appointed official misses three meetings, that person must appear before the Council; therefore, she requested that at least one of those meetings be moved or canceled, if possible. Ms. Larson noted that the City Council changed its meeting dates from the first and third Tuesdays to the second and fourth Tuesdays. She suggested that the Planning Commission could change its schedule to the first and third Wednesdays, which would reduce the number of weeks there are City Council, Planning Commission and Design Review Board meetings all in the same week. The Planning Commission changed its meeting dates for 2016 from the 2nd and 4th Wednesdays to the 1st and 3rd Wednesdays, except for November and December 2016, where its one meeting for those months will be on the 2nd Wednesday, November 9 and December Minutes The minutes from the September 23, 2015 meeting were approved as amended. 10. Departmental Reports Ms. Larson reported on the first reading of an ordinance at the last City Council meeting that will enable Code Enforcement to write citations for violations of Conditional Use Permit conditions, which they cannot currently do. Ms. Larson confirmed for Commissioner Whitin that there are fines associated with administrative citations. Ms. Larson noted that the second reading will occur at the City Council s October 20, 2015 meeting. PC Minutes 11 October 14, 2015

12 Ms. Larson also reported that the City Council approved a Temporary Use Permit for a temporary parklet at Alessa as a demonstration project. Ms. Larson also reported that the City Council approved the abandonment of the Temple Hills pathway unimproved strip of right-of-way located between Bayview Place and Canyon View Drive, after hours of public testimony. Ms. Larson also reported that the City Council approved amendments to Mozambique s Conditional Use Permit, which include the ability to charge fees for valet parking, and also approved a lighted 25-foot flag pole, with the lights to be turned off at 10:00 p.m. Ms. Larson also reported that the City Council remanded the Alessa façade improvements that were denied by the Planning Commission back to the Planning Commission to consider additional information to be provided by the applicant and his consultant. She stated that the applicant s consultant will provide a historic report that must be received by the Community Development Department within 90 days, to then be peer-reviewed by the City s consultant. Mr. Viera reminded the Commission about the exterior modifications approved for the National Geographic building, subject to the conditions that color swatches are painted on the walls for the Commissioners to review and provide their input to staff for final administrative approval of the wall colors. He advised that he sent an to the Commissioners requesting their top two choices and requested their responses within the next week so staff can approve the final colors. 11. Commissioners Reports Ms. Larson advised Commissioner Johnson that the Community Development Director and City Attorney need to add a couple items to the Planning Commission bylaws before the bylaws are ready for City Council approval; however, with the current workload, these changes have not yet been incorporated. Commissioner Johnson requested that the revised bylaws be presented to the Planning Commission at its next meeting, and prior to going to the City Council, to allow the new Commissioners to review the bylaws and provide input. The Commission echoed Commissioner Kempf s recognition of Mr. Viera s excellent staff reports and preparation to be able to respond to the Commission s questions. 12. Adjourn The meeting adjourned at 7:55 p.m. to the regular Planning Commission meeting on October 28, PC Minutes 12 October 14, 2015