PC MINS 19831213i
Of
M I N U T E S
City of Rancho Palos Verdes
Planning Commission
Regular Meeting
December 13, 1983
SWEARING IN OF NEW MEMBERS
Before meeting was called to order, Director Hightower swore
in the new members; Mrs. Ortolano, Mrs. Wike, and Mr. Von Hagen.
The meeting was called order --at 7:30 p.m. in the City Council
Chambers, 30942 Hawthorne Boulevard, by Chairman Brown.
PRESENT: Brown, McNulty, Ortolano, Von Hagen, Wike
Also present were Director of Environmental Services Sharon W.
Hightower, Associate Planner- Steve Rubin, and Assistant Planners,
Jonathan Shepherd and Dino P'Utrino.
COMMUNICATIONS
None
SECRETARY TO COMMISSION For the information of the new
Commissioners, Director Hightower
explained that because of the lack
of members who attended the last Planning Commission meeting, she
would have to approve the minutes submitted from the November 9, 1983
meeting, with the correction on page 5 to read: "seconded by Mr.
McNulty,".
SELECTION OF VICE CHAIRMAN Chairman Brown advised the Commission
of the need for a Vice Chairman
Even though this item is not 'on the
evening's agenda, it is necessary.
Mr. McNulty was nominated by Chairman Brown, seconded by Mr. Von
Hagen and carried unanimously.
NEW BUSINESS
VARIANCE
94 -
PUBLIC HEARING
The staff report was presented by
JOHNSTON,
6613
VIA SIENA
Associate Planner- Steve Rubin.
61 WALL WITHIN
SETBACK
Staff suggested that additional
information be provided to properly
evaluate
this
proposal. Alternatives would be discussed with applicants.
and they
have
agreed to continue
this item until next meeting.
Staff recommended that the Commission open and continue the public
hearing for Variance No. 94 to the January 10, 1984 Planning Commission
Meeting.
Mr. McNulty moved that the staff recommendation be accepted, seconded
by Mr. Von Hagen and passed unanimously.
CUP 33 - REVISION E Director Hightower requested that
BURRELL LIMITED this item be placed at the end of
BURRELL LANE - the agenda since the applicant
LOT 8, TRACT 32110 would be late.
VARIANCE 95 - PUBLIC HEARING The staff report was presented by
MURDOCKF 26645 SHADOW WOOD Associate Planner 'Steve Rubin.
DRIVE - ADDITION TO FRONT He explained the applicant's
SETBACK request for approval to construct a
garage addit!nm_a_t_2L_6_45 Shadow Wood
Drive which would encroach into the required !20 foot front set-
back 5 feet 9 inches'- reducing the setback to 1 14 feet 31n�cheii.__
ZA
Photographs of the property were made available to the Commissioners.
Steve Rubin stated that the Murdocks desire to utilize their
property like other residences on the street; there are several
houses on the street with direct access garages but those structures
were built prior to the 1975 Code. All new construction has been
set back a minimum of 20 feet. The 20 foot setback was established
to provide and maintain openness and to provide space for vehicles
to be parked off the right-of-way. Staff has suggested alternative
solutions to the Murdocks.
Staff recommended the Commission adopt the Resolution denying
Variance No. 95.
Mrs. Ortolano questioned staff regarding the neighborhood pattern.
She cited five residences that have less than 20 foot setbacks.
Mr. Rubin responded that they were built before 1975 according to
records.
I----------
The public hearinq was opened by Chairman Brown.
Mr. John Murdock, 26645 Shadow Wood Drive, Applicant, addressed the
Commission. Material relative to his application was distributed
to Commission and staff members for review.
Chairman Brown asked about the feasibility of placing the garage on
the rear of the property with a long driveway.
Mr. Murdock stated his"M-ain objective was to have a useable twn-car
garage and to increase the family living area as well as add a den.
Although the garage meets the code, it is a bare minimum size. An
alternative is to put one car in the garage and one on the street.
Relative to the alternative
is an easement for a storm
the garage to the front of
due to the loss of windows.
He felt there were a number
variance. The storm drain
is an exception because of
on the lot. There would,be
He acknowledged the problem
but insisted he was looking
of buildinq the garage in the back, there
drain on that side. Relative to attaching
the house, he would lose an entire room,
of exceptional circumstances to allow the
precludes the garage in rear and his house
its floor plan and location of the house
no material detriment to the public.
of the cars overhanging on the sidewalk
for a quality improvement.
Mr. McNulty pointed out that since the City has been incorporated —
there have not been any other variances granted or minor exception,!
permits of this sort in this area. This matter was the first.
Barry Isakson, 217 W. 12th Street, #12, San Pedro, spoke on behalf
of the Murdocks. He had prepared the drawings for the applicants
and felt this was a recurring problem with small houses. moving the
garage against the house can be done, but it would be to the
detriment of the interior of the house.
Mr. McNulty asked if a second story was considered. Mr. Isakson
sairl-ves,--but-it would involve major changes; there would be a 50%
increase in cost.
Mr. Jack Simonton, 26644 Shadow Wood, spoke in favor of the
application. He had added on to his property in February 1975.
iThe public hearing was closed by Chairman Brown.
Mr. McNulty raised several points: (1) this is the first request in
this area to come before the Commission, (2) there are many houses
remaining that have not added on and (3) if we allow it for one, it
will set a trend.
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Chairman Brown stated there are\findincg that_must__i-g mem and he
did not feel there are any -P Atonal or extraordinarv.__c.ircumtances.
The issue before the Commission is not-th tfof-economics but
rather to uphold the Code. He could not make findings for the
Variance.
Mrs. Ortolano favored granting the Variance because it would not
be materiallv detrimental to the public welfare and Mr. Murdock
was also very_ concerned about the cars being an obstruction in the
driveway,---.....
Mrs. Wike- was concerned about setting a precedent and asked how
many residences remained without additions.
Mr. McNulty stated about 50% remain. _
Mr. Von Hagen was concerned with the safety factor. and the many
children in the area. The street is narrow and it becomes a
safety factor.
Chairman Brown moved to adopt Resolution zP.C. No. 83_-18 denvina Variance
No. 95 based on findings of staff_r_en-oxo.i, seconded by Mrs`.
Wike. '3 noes Mr. McNulty, Mrs. Ortolano, Mr. Von�Hagen and 2 yeses,
Dr. Brown anA Mrs. Wike.
Mr. McNulty moved to reopen and continue the public hearing to
January 24, seconded by Mr. Von Hagen. Four to one to reopen.
Dr. Brown advised the Murdocks that the action allowed them to
review the alternatives.
CUP. NO. 71 - REVISION, The staff report was presented
PUBLIC HEARING - COASTAL PERMIT by Jonathan Shepherd, Assistant
NO. 4, TUMANJAN & TUMANJAN Planner. The applicant is
LOT 6, TRACT 39672, TENNIS proposing to construct a tennis
COURT court to encroach forty (40)
feet into the required fifty (50)
foot yard setback on Lot 6 of
Tract 39672. The tennis court would extend ten feet from the front
property line. The critical point to consider is that the
reamining buildable area would be -only 50' in depth.
Staff is of the opinion that there are four issues to be considered:
(1) 40' encroachment into 50' setback, (2) 10' fecreation wall/fence
withing the 20' front setback, (3) 14' recreation wall/fence in a 10'
side yard setback, (4) remaining buildable area.
Staff discussed two alternatives: (1) move the tennis court 20' from
property line but this would resultin further �-reduction of buildable
area and, (2) a paddle tennis court uLignt- ne placed closer to the 50'
setback line and increase the remaining buildable area to 62".
There were three alternative actions:
(1) Deny the application, (2) Approve the application with condition
that a Variance is approved for the wall/fence height within the
front and side yard setback area, and (3) Table the application for
revisions.
Staff recommended Alternative #3 - table the action.
The public hearing was opened by Chairman Brown.
Mr. Peter A. Delgado, 22939 Hawthorne Boulevard, #300, Torrance,
Director of Construction for the project, stated the purpose is to
see what type of house can be placed on the site after first
establishing whether the tennis court can be placed on the property.
The idea is to develop a tract of homes with pools, tennis courts,
Jacuzzis. In his opinion the impact would be a minimal view
obstruction.
Mr. McNulty moved to close the public hearing , seconded by Mrs,
Ortolano, and unanimously approved.
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12/13/83
Chairman Brown stated the 501 setbacks were done for a reson; view
impairment.
It was moved by Mr. McNulty, seconded by Dr. Brown, and passed
unanimously to deny Conditional Use Permit 71 - Revision and
Coastal Permit No. 4.
Dr. Brown advised Mr. Delgado that he had the right to appeal the
decision to City Council within 15 days.
HEIGHT VARIATION 310 --APPEAL' The staff report was presented
SINCLAIR
� V�—VIA SUBtbA by Assistant Planner Jonathan
2ND STORY ADDITION Shepherd. He explained the
application for a 2nd story
'Addition to the southeastern portion of the existing two-story
�structure. The addition would not extend beyond the existinq__ridge-
_
line and the approved building hbighf or nineteen(19) feet was
measured pursuant to Section 17.02.040, D,3 of the Rancho Palos
Verdes Development Code.
Staff recommended dismissal of the Appeal of Height Variance 310 and to
,unhnlrl o -F -=t _he -application. �� - ---- — -
Mr. Von Hagen requested that -the staff report be corrected to reflect
the correct address of Mrs. Harlow at 9 Via Subida and not 4.
Discussion was held on which places had been visited to determine
whether or not there was view impairment.
The public hearing was opened by Chairman Brown.
Mr. Keith Luther, 29906 Knollview Drive, spoke in favor of the
Appeal. He presented pictures showing an aerial view and additional
views. The issue with him and all othe other residents is over the
meaning of "significant".
He presented a petition to the Commission signed by the residents in
objection.
Mr. Luther was asked by Mrs. Ortolano what he considered his primary
view and he answered, "Everything".
Mrs. Jo Harlow, 9 Via Subida, addressed the Commission and advised
them that her home was purchased in 1968 and they chose their lot
because of the view primarily. In her opinion, the addition would
impair her view; there would be financial loss to her because of
the obstruction of view.
Chairman Brown asked Mrs. Harlow if she was in agreement with the
staff photos taken and if they clearly represented her view.
Mrs. Harlow stated they did.
Chairman Brown reasssured the appellants that the Commission is in
fact concerned about the portion of impairment but that natural
vegetation does play a part in it also.
Mrs. Ortolano asked what view in the house was primary and Mrs.
Harlow answered the living room, dining room, kitchen and family
room; the east side of the house.
)X,O, xt-r� �
Azlr D*–.-4�r n requested that Mrs. Harlow be more specific in describing
the percentage impaired.
Mrs. Harlow answered 45-50%.
Gwen Sandvick, 5 Via Subida, stated her house is different from the
others, with this approval, she feels she would lose the entire view
of Peck Park. She felt she should lose no view.
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12/13/83
60
Jobe MAgdesil, 10 Via Subida, stated the Height Variation is
not 4 problem for him; any addition at all, even if it met
the Code, would have some impairment.
Dr. Brown reiterated what constituted a view lot.
Charles Jones, 29740 Knollview Drive, stated that he was not
personally affected by the appeal. He was simply there because
of hi ' s friends, the Luthers, and to attest to the loss and
obstruction'of view that would occur.
Richard Sinclair, 4 Via Subida, applicant, explained what he was
trying to accomplish with the expansion. He had visited other
homes. He stated concern about the othersviewst However, his
objectives were: (1) the present family room has no view and
this expansion would bring the family living area to the second
floor, (2) to develop added living quarters in the home. He
pointed out that the difference is only three feet. Essentially,
the purpose of the application was to get the new roofline in
line with the existing.
RECESS Chairman Brown called for a
short recess:at 9:40 p.m.
and reconvened at 9:50 p.m.
Dr. Brown left -the meeting; Mr. McNulty, Vice Chairman, chaired
the meeting,
The Commission reviewed the photos.
Mrs. Ortolano, requested Mrs. Hightower to define what is considered
primary view in the view analysis and she did so.
Mr. McNulty advised that this issue is over a 3' variation.
The owners could legally erect a two-story structure 16 feet high.
That still would impair some views. He cautioned the Commission
to keep this in mind.
A motion was made by Mr. Von Hagen to dismiss the Appeal of Height
Variation No. 310 and to uphold the approval of the application.
It was, seconded by Mrs. Ortolano, and the motion carried three to
one. (Mrs. Wike dissenting)
Mr. McNulty advised the appellants that they have 15 days in which
to appeal the decision to the Council.
CUP 33 - REVISION E The staff report was presented
BURRELL LIMITED by Assistant PlannerF-Dino
BURRELL LANE Putrino. He stated the reason
LOT 8, TRACT 32110 for this action was to change
the building footprint and
recommended that the Commission adopt Resolution P.C. No. 83-18 which
would approve Revision E.
Mr. Tim Burrell, 4038 Exultant Drive, spoke on his behalf. He stated
that this is not a first application and that a letter stating that
the neighbor had no object had been filed with the Department of
Environmental Services.
Vice Chairman McNulty asked staff if it was necessary to notify
surrounding home owners.
Director Hightower replied no.
Mrs. Ortolano moved to adopt Resolution P.C. No. 83-18, seconded by
Mrs. Wike, and passed unanimously.
REPORTS
Staff Director Hightower mentioned to
the Commission that there were a
few duplicate pages in the Development Code given to them and the
problem is being rectified.
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1
11
D#ec-tQT'H'Ightower requested a convenient time for the staff
and the. C onq.Xs,p,son to meet in January for a workshop.
The time Kas, tentatively set for Tuesday, January 3, 1984 with an
e of January 6.
Iternati-ye d4,t
Director Hightower will follow up with a memo to that effect.
AWOUR-MgNT Tt was moved, seconded, and passed
unanimously that the meeting be
adjourned at 10:25 p.m.
a M.
12/13/83 tP