PC MINS 19780509M I N U T E S
City of Rancho Palos Verdes
Planning Commission
Regular Adjourned Meeting
May 9. 1978
The meeting was called to order at 7:40 p.m. in the City Council Chambers,
30942 Hawthorne Boulevard, by Chairman Hughes. Roll call was answered as
follows:
PRESENT: Bacharach, Brown, Hinchliffe, McTaggart, Hughes
ABSENT: None
Also present were Director of Planning Sharon Hightower, Associate Planner
Gary Weber, Assistant Planners Keith Turner and Richard Gonzalez.
OATH OF ALLEGIANCE
Commissioner Brown
execution of the Oath, Dr. Brown
mission by Chairman Hughes. Mrs.
and did not return.
I
Director of Planning 'Hightower--kdmiEsf—
tered the Oath of Allegiance for Public
Officers and Employees to newly appoint-
ed Commissioner Harvey Brown. Following
was formally welcomed to the Planning Com -
Hightower left the meeting at this time
APPROVAL OF MINUTES Page three of the April 25, 1978, Plan-
ning Commission minutes was corrected
to read (third full paragraph), "He
said he was not prepared to give blanket approval...". On motion of Mr.
Hinchliffe, seconded by Mr. McTaggart, and unanimously carried, the minutes
of April 25, 1978, were approved as corrected.
RESOLUTION NO. P.C. 78-34 The Commission made changes to the con -
Tentative Parcel Map No. 10241 ditions contained in Resolution 78-34
as follows: Condition #8, "on the basis
of information in the geology report
dated April 28, 1977...". Condition #2 is to be reworded by staff to require
the developer to j2j:a a sewer district, rather than file a waiver of non-
objection to sewer district. The first paragraph of the resolution was cor-
rected to read "...which would allow for the division of a 1.48 acre lot..."
Assistant Planner Turner indicated that the Commission's denial of a variance
for the creation of three lots on this parcel map has been appealed to the
City Council; if that appeal is granted, Resolution No. P.C. 78-34 will be-
come null and void.
On motion of Mrs. Bacharach, seconded by Mr. Hinchliffe, and unanimously
carried, the Commission approved Resolution No. P.C. 78-34 as amended.
GRADING APPLICATION NO. 262
Appeal of Staff Denial
11 Rockinghorse Road
Appellant: Richard Hardie
ceived, and it was Mr. Turner's
reduction in grading.
Assistant Planner Turner indicated this
item was continued from the last meet-
ing to allow the applicant to revise
his plans to more closely comply with
the intent and criteria of the Grading
Ordinance. Revised plans had been re -
opinion that there had been a substantial
Richard Hardie, 11 Rockinghorse Road, outlined the changes made to his plans,
including decreases in the amount of cut and fill, the total graded area,
the amount of 2:1 slope grading, the maximum height of fill and maximum
depth of cut.
There being no one else wishing to speak on this matter, Commission discus-
sion ensued. It was the consensus of the Commission that the appellant had
taken significant steps to meet the concerns of the Planning Commission.
Accordingly, it was moved by Mrs. Bacharach, seconded by Dr. Brown, and
unanimously carried to approve Grading Application No. 262, with a land-
scape plan to be approved by the Director of Planning.
TENTATIVE PARCEL MAP NO. 8947 Assistant Planner Turner summarized the
Request for Revision to Condition request for a revision to one of the
Applicant: Narvan Corporation conditions of approval for Parcel Map
No. 8947. It was the applicant's con-
tention that the means of payment of
$9,251 to the City for improvements to Altamira Canyon was inequitable, in
that he is being required to pay the assessment on land which will not be
developed for some time. It was his request that the $1,869 assessment for
Parcel 2 be paid immediately, prior to the approval of the final parcel map,
but that the $7,381 payment for Parcel 1 be delayed, to be paid prior to
the issuance of any permits or the acceptance of any application for further
subdivision for Parcel No. 1. Mr. Turner indicated that the Director of
Planning and the Director of Public Works had reviewed the request, and it
was their recommendation that the request be approved.
Concern was expressed with the possible precedent of granting this request.
It was pointed out that a recent subdivision at the end of Crenshaw had been
assessed a large amount for Altamira Canyon improvements; since that tract
also has considerable undevelopable land, they might make a similar request.
Thus, if a substantial portion of the land feeding into Altamira Canyon and
slated to contribute to its improvement was undevelopable, insufficient
funds would be generated to make substantial improvements to the drainage
of the canyon. It was suggested that this matter be reviewed by the City
Attorney.
On motion of Mr. McTaggart, seconded by Mr. Hinchliffe, and unanimously
approved, this item was tabled to the next meeting to allow staff to further
research the matter, including discussions with the Director of Public Works
regarding his reasons for recommending approval of the request, and submit-
ting the issue to the City Attorney so he might review the concerns of the
Commission and provide the Commission with an opinion.
GRADING APPLICATION NO. 265 Assistant Planner Gonzalez summarized
Lot 127, Tr. 25160, Sattes Drive the request for grading for a two-level
Applicant: Robert Sutton single family residence. It was Mr.
Landowner: Mr. & Mrs. Norman Birch Gonzalez's opinion that the project
meets the criteria established in the
Grading Ordinance (grading is not ex-
cessive, minimizes disturbance to the natural contours, and will not signi-
ficantly affect the visual relationship with, nor the views from, neighbor-
ing sites), and that Grading Application No. 265 should be approved.
The landowner, Norman Birch, 1709 Martis Avenue, San Pedro, was present.
I
On motion of Mr. Hinchliffe, seconded by Mr. McTaggart, and unanimously
carried, Grading Application No. 265 was approved.
CONDITIONAL USE PERMIT NO. 35 Assistant Planner Turner summarized the
VARIANCE NO. 25 request for a conditional use permit
Landowner/Applicant: Matt BrLMinlng and several variances for the construc-
tion of a two-story commercial profes-
sional structure at the corner of Silver
Spur Road and the Silver Spur frontage road. Variances to the City's parking,
landscaping, and street setback requirements would be required. Since the
project's concept design is largely based on the request for a parking
variance, Mr. Turner focused his comments on that request, indicating he did
not feel the necessary findings could be made to allow such a variance. A
more cursory review of the other two variance requests revealed that staff
would have difficulty making findings for them also. Staff also expressed
preliminary comments on the height of the structure and the amount of grad-
ing required. It was Mr. Turner's recommendation that following public
testimony, the Commission encourage the applicant to revise the concept plan
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to eliminate the need for a parking variance and that this item be tabled
in order to allow the applicant an opportunity to do so. The other two
variances, and the concerns of staff re grading and structure height, would
be addressed after a revised concept Flan is received.
Chairman Hughes declared the public hearing open.
Mr. Brunning, the applicant, made the following points: (1) The parking
requirement should be applied to the leasable footage, rather than the total
footage of the building; this structure has 10,000 square feet of leasable
area. (2) This proposal compares favorably to nearby commercial structures,
both in terms of visual impact and parking spaces provided. (3) The City's
parking requirements are much more restrictive than the requirements of
neighboring cities, requiring 2.4 times more spaces than the most rigid of
the codes from adjoining cities. (4) If the variance is approved, he would
stipulate that no medical and dental tenants would be allowed in the build-
ing; without such uses, which generate a great deal of traffic, the proposed
3.5 spaces per 1,000 square feet of leasable area would be more than adequate.
In response to questions from the Commission, Mr. Brunning indicated that
multi-level parking structures had been considered, but he did not feel they
were suitable to the atmosphere of the Peninsula. Roof -top parking had also
been considered, but there were concerns with maneuverability. The 15 -foot
retaining wall on the property could be reduced, but that would further cut
down on the number of parking spaces available. There has been a slight
failure on the slope of the property, caused by the failure of a swale; that
is, it was caused by a mud slide, not a geologic failure. According to the
geologist for the project, some corrective grading will be required to
reconstruct the swale.
Mr. Turner indicated the City has a 50% maximum coverage requirement. Further-
more,in`''researching the reason for the City's parking requirement, it was
his understanding that the requirement had been written into the Code based
on the anticipated incorporation of medical and dental uses in commercial
professional zones.
Dan Thompson (6726 Los Verdes Drive), an associate of Mr. Brunning's, presented
a preliminary rendering of the structure. Mr. Thompson also submitted photo-
graphs of parking in lots adjacent to the Silver Spur frontage road taken at
various times; it was his contention that the existing parking available be-
hind the offices along the frontage lot is not currently being utilized,
contributing to congestion of on -street parking.
Paul Lieberman (19815 Mildred Avenue, Torrance) an investor in the project,
spoke in favor of the project.
Ralph Ferm, 27645 Longhill Drive, immediately above the property in question,
expressed concern with the stability of the slope and questioned the extent
of geologic tests which will be conducted on the property before any grading
takes place.
Mr. Turner responded that a geology report had been done on the property, and
a copy of that report will be obtained by Staff. Geology review is conducted
by the County, who will thoroughly review the geology in the area before
granting any permits.
There being no one else wishing to speak on this matter, it was moved by
Mr. McTaggart, seconded by Mr. Hinchliffe, and unanimously carried that the
public hearing be continued. Commission discussion ensued.
Concern was expressed with the City's parking requirements; based on the
traffic generation figures contained in the initial study for the project, it
was suggested that perhaps the City's requirements might be excessive. It
was suggested that a standard of 4 spaces per 1,000 sq. ft. of net leas-dble'
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area would be more appropriate. It was questioned whether the City could
actually exclude certain uses (i.e., medical and dental) which would normally
be permitted in this zone; moreover, it was pointed out that imposing this
condition now could not guarantee that the conditions would not be changed
by some future Planning Commission, a procedure which is fairly easy to
accomplish. It was suggested that it would not be in the best interests of
the City, on the first application for a commercial use, to cut the Code
requirements in half. The City might wish to consider a change in the Code.
It was suggested that some small parking spaces for compact cars could be
utilized to increase the number of parking spaces available.
With regard to the street setback variance, concern was expressed with inter-
section visibility. It was suggested that there would be adequate visibility
if landscaping was not too extensive; moreover, adhering to the 20, setback
requirement would only exacerbate the parking problem. It was further suggested
that, since the project constitutes only 14 of the Peninsula Center, much of
which has very small setbacks, a setback variance for this project would be
appropriate. It was the consensus of the Commission that a reduced setback
may -be acceptable -.-
With regard to landscaping variance, it was further the consensus of the
Commission that some reduction in the minimum landscaping requirement may
be acceptable.
Mr. Turner indicated that the staff would insist on maintaining a good line of
sight, both through conditions imposed on the project and through the land-
scaping plans associated with the project.
Further Commission discussion produced the suggestion that, in light of the
concerns with the geology of this area (generated by the identification of a
possible landslide in this area in the General Plan), grading should be mini-
mized as much as possible; -ac multi-level parking strueter would substantially
reduce the amount of cut required. Mr. Brunning indicated he would bring in
cross sections of X multi-level parking strcaeture-for the Commission's
review; however, there is a potential for a circulation problem with such a
structure.
Mr. Brunning further indicated he would be willing to file CC&Rs prohibiting
any medical/dental uses of the facility. Mr. McTaggart suggested that, if the
City were a party to the-CC-&Rs,,so they could not be changed without the City's
concurrence, such an arrangement would be acceptable to him.
At the request of the Commission, Mr. Brunning indicated he would procure a
copy of a study recently conducted by South Bay Engineering regarding traffic
and parking in the Peninsula Center.
It was moved by Mrs. Bacharach, seconded by Dr. Brown, and unanimously carried
that this item be continued until such time as the applicant submits new plans
which increase parking to at least 4 spaces per 1,000 square feet, submits
the geology report to staff, and provides staff with a copy of the South
Bay Engineering report.
It was further moved by Mrs. Bacharach, seconded by Mr. McTaggart, and
unanimously carried, that the staff investigate the City's parking requirements,
including the number of spaces required, and the use of net vs. gross footage,
regarding the possibility of a Code Amendment.
RECESS
At 9:45 p.m. Chairman Hughes called for a
brief recess. The Commission reconvened
at 9:55 p.m. with the same members present.
5/9/78 PLANNING COMMISSION MINUTES -4-
CONDITIONAL USE PERMIT 36 Mr. Turner summarized the request for a
VARIANCE 26 variance to permit a twelve foot high
30421 Miraleste Dr. tennis court fence in the front setback;
Applicant/Landowner: it was Mr. Turner's recommendation that
Frank Iacono the request be denied, on the basis that
all of the necessary findings could not
be made. Mr. Turner- further summarized the request for a conditional use
permit for eight lights for the tennis court. The lights and stanchions (as
well as the poles for the fence) have already been installed by the applicant.
It was Staff's recommendation that, since the lights have already been _
illegally installed, a date and time be arranged when the lights would be
turned on; this would allow the Commission and the neighbors to observe the
actual effect of these lights on nighttime views from nearby residences.
Chairman Hughes opened the public hearing.
Frank Iacono (1550 Stonewood Court, San Pedro) indicated that the fence would
not be visible from the street and would therefore not be obtrusive. He had
spoken with some of the neighbors regarding his proposals and had received
no negative comments. The tennis lighting used is a very high quality light,
which gives little "halo" effect. Mr. Iacono indicated he would be willing
to arrange for a time to try the lights and analyze their impact.//x,11"
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Mr. Dulac (41 Avenida Corona) residing about two lots from the Iacono's,
expressed concern with the impact of the lights on views and also with the
possibility of increased noise. Lucille Gren, 30328 Kingsridge, and Ed
Strickland., 39 Avenida Corona, expressed similar concerns.
There being no one else wishing to speak on this matter, it was moved by
Mr. McTaggart, seconded by Dr. Brown, and unanimously carried to continue
the public hearing.
It was the consensus of the Commission that the variance for the fence would
be acceptable, if consent was granted by the adjacent neighbors. It was
further the consensus of the Commission that the Conditional Use Permit
should be tabled to allow a test to determine the effect of the lights;
however, this test should not be conducted until after the tennis court
has been surfaced-.
It was moved by Mrs. Bacharach, seconded by Mr. Hinchliffe that the conditional
use permit be tabled, with a date to be set to view the site after the
tennis court has been surfaced. Motion carried, with Mr. McTaggart
dissenting. It was agreed that the date would be set at the next meeting.
It was moved by Mr. McTaggart, seconded by Mr. Hinchliffe and unanimously
carried to table Variance 26 until the applicant secures the permission to
install the fence from residents of lots 16, 17, 18, 18 on Daladier Drive,
and lots 1, 2)(1 and 4 on the private drive. Staff was directed to prepare a
letter for Mr. Iacono to circulate to the residents.
STAFF REPORTS Associate Planner Weber indicated that on
April 11 Staff had inquired as to whether
the Commission would consider conducting
informal conceptual reviews of potential projects. Mr. Weber reported that
such informal, preliminary reviews could be held at the end of the
Commission's regular meetings; however, they would be scheduled only when the
agenda was fairly small and would easily accommodate extra items. This
review would give developers an opportunity to hear from the decision -makers
what their concerns are likely to be. This informal review could be
advangateous to the developer; however, there may not be any developers
actually willing to go through such a preliminary review.
The Commission expressed concern that such a review would exclude interested
citizens from the early phases of the proposal; that this might be negatively
viewed by the citizens; and that it might be construed as "pre -judging" the
proposals, precipitating some legal complications. It was suggested that
perhaps, instead of conducting this review at a meeting, Staff could send -
schematic drawings to the Commissioners, who would then submit their comments
to the Staff.'
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It was the consensus of the Commission that they would be willing to try such
a review, with the City Attorney present; the procedure would then be critiqued
before using it on a regular basis.
ANTENNA ORDINANCE Mrs. Bacharach called the Commission's
attention to a copy of a newspaper article
in their agenda packets regarding a U.S. Supreme Court case involving antennas
(Schroeder v. City of Cerritos). It was the consensus of the Commission that
the City Attorney be requested to review this decision to determine whether it
would affect his interpretation of the City's antenna ordinance.
SELECTION OF VICE-CHAIRMAN It was moved by Mr. McTaggart, seconded
by Dr. Brown, and unanimously carried to
select Jacki Bacharach as the Vice -Chairman of the Planning Commission.
COMMISSION REPORTS Dr. Brown questioned the City's procedures
for dealing with illegal construction.
It was responded that the City's policy is to allow individuals who have
proceeded with construction without a permit to make the necessary
applications.
Mr. McTaggart expressed concern that Rolling Hills Estates is changing the
signals on a County highway, to wit, Hawthorne Boulevard at Palos Verdes
Drive North, causing tremendous traffic jams and seriously inconveniencing
Rancho Palos Verdes residents. Staff was requested to investigate whether
the City could appeal to the County to have this activity stopped; it was
further requested that, since both cities contract with the same main-
tenance firm, perhaps the City could contact that firm and request that
something be done to improve the signal.
ADJOURNMENT At 11:55 p.m. it was moved by Mr.
Hinchliffe, seconded by Dr. Brown, and
unanimously carried, to adjourn the meeting.
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