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PC MINS 197704120 0 M I N U T E S City of Rancho Palos Verdes Planning Commission Regular Adjourned Meeting April 12, 1977 The meeting was called to order at 7:40 p.m. in the City Council Chambers, 30942 Hawthorne Boulevard, by Chairperson McTaggart. Mr. McTaggart presented Jacki Bacharach as the newly appointed Commissioner and explained that although she could participate, she would not be able to vote until the required disclosure period terminates. PRESENT: Blue, Hughes, McTaggart, Rosenberg ABSENT: None (99) Also present were Director of Planning Sharon Hightower, Associate Planners Larry Davis and Gary Weber, and Interim Commissioner Bacharach. MINUTES APPROVAL were approved with the following to the end "...for increasing the presented." On motion of Mr. Hughes, seconded by Mr. Blue, and carried, the minutes of the meeting of March 17 amendment: page 1, paragraph 6, add density within the document as On motion of Mr. Blue, seconded by Mr. Hughes, and carried, the minutes of the meeting of March 22 were approved with the following amendments: page 2, should read "Tentative Tract Map No. 31714"; page 5, paragraph 5, should read "...reducing the number of lots..."; page 5, paragraph 15, should read "...only the Uniform Building Codes...". On motion of Mr. Hughes, seconded by Mr. Blue, and carried, the minutes of the meeting of March 29 were approved with the following amendments: page 2, paragraph 8, should read "...as rear yards was..."; page 3, paragraph 3, should read "...O'Melveny and Myers". It was requested that approval of the minutes of the meeting of April 7 be postponed to the next meeting as Mr. Rosenberg did not receive a copy of it in his agenda. As there were no objections, Mr. McTaggart so ordered. COMMUNICATIONS Joan Grey, 6424 Chartres Drive expressed concern about the recent approval of four homes on Rhone Dr. to be built with a commonly -built driveway. She said the homeowners association will not permit this. Director Hightower explained that the applications complied with all of the City's ordinances. Mr. McTaggart pointed out that conflict with a homeowners association was a civil matter. TENTATIVE TRACT MAP NO. 31714 Mr. Davis gave the background of the CONDITIONAL USE PERMIT NO. 28 request and said the County Engin- Crenshaw Blvd., behind St.John eerts response to the Hydrology Fisher Church Report was attached to the staff Applicant: Urban West Comm. report and indicates that the City should not be concerned over approv- ing the project prior to storm drain improvements in Altamira Canyon. He said a condition of approval of the tract map is that 4.70 of the cost for Flood Control improvements be assessed and that this assessment directly corresponds with the percentage of watershed which this project affects. He read the staff recommendations as listed in the staff report. • Mr. Rosenberg said the conditions should include the additional lot which will be under common ownership and that the CC&Rs should state that the lots shall be kept open. Director Hightower said that #8 of the tract map conditions includes that, and said "ownership and maintenance"could be added to make that clear. Mr. McTaggart was concerned about access to the common open space, and Mr. Davis said that City will require that all vehicular access rights be given to the City on the final tract map. Clark Leonard, Lanco Engineering, asked some questions about the con- ditions, and Director Hightower explained that the Flood Control District has at this time indicated $200,000 minimum (re tract map condition #3) and that #7 applies only to the landscaped portion of the public area and should reflect that. Mr. Leonard discussed the plans and said there will be three commonly - owned non-contiguous lots. Don Hill, president of the Del Cerro Homeowners Association, said he was concerned about the size of the lots and did not feel they were large enough. Teena Clifton, Rolling Hills City Manager, representing the City Council, said the Council wondered if larger lots could be required, that they were opposed to this kind of development and urged the Commission to recommend that the developer revise the plans. Mr. McTaggart pointed out that it would require a General Plan amend- ment to change the density, and explained the problems with the unstable soil, and said this appears to be the only approach to the development without an enormous amount of grading. He further explained that the applicant changed to this type of development at the Commission's suggestion. Ms. Clifton said Rolling Hills seems to have more latitude in aesthetics. The Commission responded that the City of Rancho Palos Verdes does not have that kind of latitude, and that the City Attorney said the Commis- sion does not have the right to require an applicant to build under the density allowed unless there are substantial reasons. In response to a question of Mr. Hill, Mr. Leonard explained where the drainage course was located. Public hearing was closed. Mr. Rosenberg proposed a motion, seconded by Mr. Hughes, to adopt Resolution No. 77-7 (PC) approving Conditional Use Permit No. 28, subject to the conditions listed in Exhibit "A", as amended tonight, and that,also, the .first paragraph of the resolution be changed to include "31 residential lots with three common lots." Roll call vote was as follows: AYES: Hughes, Rosenberg, McTaggart NOES: Blue ABSENT: None Ms. Clifton requested a copy of the Environmental Impact Report, to be notified of the Council meeting, and to be sent any and all information/ re this matter.r�c%,ids rwciu,o-C��cC� tiui ,t -C-'/} �L; LGti.d.oi ,Q -lilt. -i. `c+sDc.'Q- J 't., �'lr-�-�/=�L1_��t.-�-y� ..�`c-cw6 PARCEL MAP NO. 6862 Mr. Weber said this was first heard 29075 Palos Verdes Drive East by the Commission on January 11, 1977, Applicant: Jack & Janet Behrendt at which time conceptual approval was granted subject to the approval of a minor exception permit and revision of the map. These have been accomplished and staff recommends approval of the map subject to the conditions listed in Exhibit "A" of the draft resolution. P.C. Minutes -2- 4-12-77 0 0 00' Jack Behrendt said they have complied with all the Commission requests of the last meeting. Public participation was closed. After a brief discussion, Mr. Blue proposed a motion, seconded by .Mr. Hughes, to adopt Resolution No. 77-8, approving Tentative Parcel Map No. 6862 subject to the conditions listed in Exhibit "A". Roll call vote was as follows: AYES: Blue, Hughes, Rosenberg, McTaggart NOES: None ABSENT: None TENTATIVE TRACT MAP NO. 29795 Mr. Weber discussed the concerns Via Campesina of the Commission at the March 22 Applicant: N.E. Nordahl, etal meeting, as listed in the staff report. He explained that in re- sponse to these concerns, the revised plans call for the tennis court to be shifted to the west, reducing the roadway incline from 20o to about 17% by moving the entrance to the east onto an adjacent property, lot realignment, and the elimination of the commonly -owned lot #7 which responds to the concern about maintaining horses within a common area. Re an alternative access approach, staff prepared a preliminary alternative which illustrates the road on the downslope side of the site. Staff recommends discussion and continuation. Mr. Nordahl said they have moved the tennis court considerably to the end of the canyon. Public participation was closed. The Commission expressed the following concerns: a tennis court in the canyon area is inappropriate, a 17% slope on a roadway is still quite steep, lot #6 within a hazard zone, six lots being excessive because of the topography, and improvement of Via Campesina. Mr. Weber said there is enough and that one of the conditions Campesina. He said a building slopes are 35% and over. buildable area on lot #6 for a house, would be for the improvement of Via line could be established where the Clark Leonard, Lanco Engineering, said they would eliminate the tennis court. The Commission discussed the proposed roadway and alternatives. Mr. Rosenberg felt the roadway should not divide the lots because of maintenance problems. Mr. McTaggart felt changing the roadway would increase the grading. Mr. Hughes felt without direct access to Via Campesina, there were no practical ways to bring a roadway in there, but he also felt Mr. Rosenberg's concern was balid and that perhaps there was another approach. Mr. Hughes suggested the possibility of a parallel road to Via Campesina and direct access to the homes from the parallel road. Mr. McTaggart suggested a work session on this matter to discuss the concerns and alternatives. Mr. Nordahl said that was agreeable to him, but re a parallel road, he did not feel this was a better solution. Mr. McTaggart requested that staff study the possibility of redesign- ing the road, and said the Commission would discuss this further at its grading work session. On motion of Mr. Hughes, seconded by Mr. Blue, and carried (with Mr. Rosenberg dissenting), this item was continued until the grading work session, which will be scheduled tonight. RECESS At 9:05 p.m. a brief recess was called. The meeting reconvened at 9:13 p.m. with the same members present. P.C. Minutes -3- 4-12-77 CONDITIONAL USE PERMIT NO. 16 TENTATIVE TRACT MAP NO. 32744 Porto Verde Apartments, Beach - view & Nantasket Drives Applicant: Porto Verde Assoc./ E. L. Pearson solve certain issues or deny the jo Director Hightower said notice of the continued hearing was posted in the apartment complex as request- ed by the Commission, and that in- cluded in the agendas were four letters which were received. Staff recommends that the Commission re- application based on the proper findings. John Trethaway, representing the applicant, said re the plumbing issue in the family section, they would deposit $200,000 instead of $10,000 into the association fund to be reserved for plumbing until such time as all of the conversions are made. He did not feel the applicant should be required to convert the plumbing at this time, because if the condominiums do not work out, the applicant will have spent the money before it was necessary. Re more parking, he said they can find no way of putting parking on the Marineland side, but could use a section of the recreational area for it. Re the top of the present parking area, he said they could put potted landscaping and shuffleboard, etc. Re the sound testing, he said if the Commission indicates approval, they would immediately have the testing done. He said they have been approached by 31 people who are interested in purchasing a unit if this is approved. Carlton W. Miller, 6568 Beachview #337, asked if all improvements would be accomplished prior to sale of the condominiums. Mr. Trethaway said the storage areas, parking spaces, balconies, and recreational area would be completed prior to the sales program. Jerry Knotten, #70 of the Porto Verde Apartments, asked if the roofs, railings, and balconies will be tested to see if they conform with the building codes. Director Hightower said the building was constructed in 1969 and should meet the code and that at this point the City did not know of any structural deficiencies, but that if staff is made aware of them, they could require they be corrected. John Faherty, 6600 Beachview Drive #106, said the soundproofing was currently very poor. Mr. Folley said the plumbing was terrible. Otis Tabler, 6568 Beachview #133, felt the owner of the apartments was currently in violation of many codes and that the City Attorney should review this. He felt there was a health hazard as there is consistent flooding, the basement is full of filth, mildew, rodents and smaller vermin and that there were currently no usable storage areas. He felt there should be a specific plan for the recreational area and that the description of existing private open space areas was misleading. He said several of the units experience frequent flooding, his own was flooded six times, and that although the proposal has merit, he did not approve of the implementation. Rick Sharon, 6600 Beachview, felt the building was not intended to be used as a condominium, and that the idea was not feasible or practical. Dave Hall said the problems brought up tonight should be looked into. Elizabeth Faherty said she chooses to be a renter, but there were very few rental units in the area. Bill Burns, #113, said he has never had any trouble with the apartments and that the management has always been very cooperative. Walter Delmate, 6568 Beachview #403, said they were not informed of the proposal prior to the notice being posted. He said there was bacteria in the pool and that the parking area was always wet. Mr. Trethaway said part of the conversion would be to refurbish and correct some of the problems brought up tonight. P.C. Minutes 0 -4- 10 4-12-77 Carol Davis, 6568 Beachview, asked if these would be general improve- ments or based on the needs of the individual units. She also expressed concern about noise. Mr. Trethaway said primarily the improvements would be on a general basis and that they would have to meet the standard noise test. Gordon Bradley, said he agreed with most of what has been said and felt the owners should take a personal interest in the problems discussed, and that staff should take an interest to see that everything is done in meeting City and County codes. He suggested the owners meet with the individual renters and discuss the problems. He further said there was a crack in the concrete of the parking structure and that he has a crack in the ceiling of his apartment. Mr. Trethaway said the Department of Real Estate prohibits them from discussing the possible sale of the units with the renters at this time. Mr: Tabler felt the responsibility for enforcement of the ordinances is with the City and again stressed that the complex is now a health hazard. Stewart Belknap wondered what was the use of all the testimony tonight if nothing was going to be corrected. Public hearing was closed. RECESS At 10:25 p.m. a brief recess was called. The meeting reconvened at 10:35 p.m. with the same members present. Mr. McTaggart said the applicant has requested to make one more statement. Mr. Trethaway said the owner did listen and will consider the issues raised tonight and will look into the problems. Mr: Hughes said whether it was viable as a project depends a great deal on the sound testing, and it was inconceivable to him that the testing has still not been done. He felt the plumbing was a major problem and that it should be taken care of now if they are interested in the welfare of the potential buyers. 0 Mr. Rosenberg felt the owner should analyze the complaints of the tenants and come back with a more definite plan. He felt if there were firm legal commitments on the part of the applicant, perhaps they could re- quire the work to be done prior to 50% of the units closing escrow. Mr. McTaggart felt the number of people interested in purchasing the units indicates they are interested in living there, but the complaints make his concerns stronger. Mr. Blue said he agreed with Mr. Rosenberg and would like to see an analysis of the problems presented tonight and some solutions. Mr. Trethaway again said it would be extremely difficult for them to meet with the tenants because of the Department of Real Estate and that there could be legal problems as a result. He suggested that Staff discuss the issues instead. The Commission felt something could be worked out, perhaps a question- naire that the resident manager could distribute. On motion of Mr. Rosenberg, seconded by Mr. Blue, and carried, this item was tabled. TENTATIVE PARCEL MAP NO. 7956 Lots 51-54 of Tract 21143 (Chandeleur Drive) Applicants: V. & M. Jaksic M. & S. Real G. & K. Schepak Mr. Weber explained the property location, the zoning and minimum lot size requirements, and said many lots in the vicinity are 15,000 square feet which is a re- flection of the County zoning. He P.C. Minutes -5- 4-12-77 said the request was to subdivide the four existing lots into three lots. Staff recommendation is for approval sub3ect to conditions. As there were no speakers, public participation was closed. After a brief discussion, Mr. Rosenberg proposed a motion, seconded by Mr. Hughes, to adopt Resolution No. 77-9 approving Tentative Parcel Map No. 7956 subject to the conditions listed in Exhibit "A". Roll call vote was as follows: AYES: Blue, Hughes, Rosenberg, McTaggart NOES: None ABSENT: None GRADING APPLICATION NO.152 Mr. Weber said the request was for 7447 Via Lorado grading 2800 cubic yards of earth Applicant: E. & B. Slauta for the construction of a single family home and access, and that the average overall slope of the lot was over 430. He discussed the Code criteria, pointing out that Section 9667-E does not apply in this case. He said the primary consideration is the overall steepness of the lot and the amount of grading necessary to construct a residence and access. Based on the Council's policy re development of lots of record, staff feels that the concept is acceptable with certain modifi- cations which staff would recommend tonight if the Commission concurs with the overall concept. In response to the Commission, Mr. weber explained the proposal of access from William Hauf's existing driveway (with Mr. Hauf's permission) which would greatly reduce the amount of grading. Staff also recommends the use of retaining walls on the rear portion of the lot with a wall on the uphill side of the house as a viable alternative. Another concern is the ten -foot wide driveway, as the Director of Public Works and the Fire Department both feel it is too narrow. Eugene Slauta said he tried previously to make such arrangements for a common driveway with Mr. Hauf, but that he was not agreeable at the time. The Commission felt that perhaps Mr. Hauf would be of a different opinion now since he has received approval for his grading application. Dale Dunn, designer of the residence, discussed grading, and spoke in favor of the application. Mr. McTaggart explained that one of the concerns with the grading was to maintain as natural an appearance as possible. Charles Forbes, 7343 Via Lorado, immediately east of the subject property, said he was opposed to the driveway approach and view obstruction. He felt the location of the house could be in such a way as to not obstruct the neighbors' views. He further said he would be willing to prepare plans which would accomplish this. Mr. McTaggart said he had inspected the wrong site and would like to view the subject lot from some of the neighboring structures, and Mr. Blue said he would like to see Mr. Forbe's plans. Mr. Blue proposed a motion, seconded by Mr. McTaggart, to table this item until the next regular meeting. Mr. Rosenberg felt the Commission should consider the application before them and either approve or deny it. The other Commissioners felt the applicant should be given time to look at alternate proposals, as the grading is excessive. Mr. Blue pointed out that sometimes more grading will allow for a better overall proposal. Roll call vote on the above motion was as follows: AYES: NOES: ABSENT: P.C. Minutes . Blue, Hughes, McTaggart Rosenberg None -6- 0 4-12-77 HEIGHT VARIATION NO. 45 Director Hightower explained that 5911 Clint Place application was received February 1 Applicant: D. & E. Schmidt to allow a 500 square foot second story addition, and that staff re- ceived the application and found it to be a marginal case. Two objections were received. The application was denied based on two criteria, com- patibility and the cumulative effect. The letter of appeal was received March 16. Since that time the City Attorney has changed the interpre- tation of the criteria. Director Hightower indicated that staff had received a phone call from a Mr. Luerkin on Grayslake in opposition to the request because of the character of the area, the project would disrupt views, the property tax rate would increase and the property values would decrease. Elaine Schmidt stated the addition would not block anyone's view, that there are already three two-story homes in the area, and explained that they need the additional room. Public participation was closed. The Commission felt this would not be an impact on the neighborhood, there were already two-story structures in the neighborhood, and that they would have no trouble making the findings, particularly in view of the City Attorney's letter of March 17, 1977. Mr. Hughes proposed a motion, seconded by Mr. Blue, to grant Height Variation No. 45 based on the fact that the findings can be met and in view of the City Attorney's interpretation, there is no impact on the neighborhood, the views or the vistas of the neighborhood, and this structure as proposed does not interfere with the neighborhood vistas. Roll Call vote was as follows: AYES: Blue, Hughes, Rosenberg, McTaggart NOES: None ABSENT: None COMMISSION REPORTS The Commission decided on May 5 for the Grading Work Session. Director Hightower reminded them that they had continued Mr. Nordahl's application to that meeting. Mr. McTaggart asked staff to contact Mr. Nordahl and explain the problem the Commis- sion had in selecting the soonest possible date and that if he can come up with some proposals by the next regular meeting, he can be on the agenda. Re the Antenna Ordinance, the Commission decided if they receive a response from the City Council by May 5, they would discuss it at that work session. If they do not receive a response, they would schedule public hearing for June 9. ADJOURNMENT At 12:50 a.m., it was moved, seconded, and carried, to adjourn to Thursday, April 14, 1977, at 7:30 p.m. P.C. Minutes -7- 4-12-77