PC MINS 19840214The meeting was
Chambers, 30942
PRESENT:
M I N U T E S
City of Rancho Palos Verdes
Planning Commission
Regular Meeting
February 14, 1984
�Z 4r-4-14-
SlAy
called to order at 7:40 p.m. in the City Council
Hawthorne Boulevard, by Chairman Brown.
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 Putrino.
COMMUNICATIONS
None
CONSENT CALENDAR Mrs. Wike requested a correction
be made to the corrections of
January 10, 1984 minutes to read:
. . ."Mrs, .dike stated that it
seemed one home had living quarters on a lower level. Mrs. Silva
answered no. Mrs. Wike also stated several other addresses of homes
that had garages on the ground floor and living quarters on the second
floor. The question of concern is whether or not these are considered
two-story homes in this community."
Mrs. Ortolano also amended the corrections of January 10, 1984 minutes
to read as follows: ..."Mrs. Hightower answered that the scale used
was the Coastal Zone and the Development Code, not the specific
neighborhood. The findings made were that the application conformed
to the Coastal Plan and access is not impeded."
Mr. McNulty moved to accept the minutes as amended; seconded by Mrs.
Wike and passed unanimously.
HEIGHT VARIATION NO. 307 - APPEAL The staff report was presented by
DR. TULMAN - APPELLANT Assistant Planner Dino Putrino.
12 SURREY LANE, r. Putrino presented the background
of this appeal and stated that
FOSTER/VERON- P,-PPI,ICAN ' xe3,4ht—Va-riation No. 307 is a
11 SURREY LANE,` _ _nrnnnga1 to construct a 20' 6" second
story addition which was approved
by the Director of Environmental Services in September 1983. The approval
was appealed by Dr. Tulman and went before the Commission on November
9, 1983. He further explained that during the review of the appeal,
discussion focused on the concern of the Height Variation approved in
1979.
Before and after photographs were displayed, reviewed, and discussed
by staff, the Commission and the appellant.
Commission was advised that following the initial view analysis,
the appellant voluntarily cut back his vegetation and other surrounding
vegetation with consent of property owners and, in doing so, significantly
increased his view—,making the potential view impact even less
significant.
Staff recommended denial of the appeal to Height Variation No.
307 upholding the approval of the application.
Chairman Brown clarified that what was approved in 1979 would
have allowed a second story at 20' extending the entire length
of the home. He also asked staff the ridgeline height of the
original structure.
Dino Putrino answered 18 feet.
There was further discussion relative to where the photographs
were taken.
Mr. Putrino replied they were taken from the left-hand side of
the house in front of the appellant's dining room window.
Dr. Leonard Tulman, 12 Surrey Lane, RPV, spoke in defense of
the appeal. His issues were landscaping, his architect's
drawings, and the City lights view.
Dr. Tulman said the reason for cutting back the landscaping was
not to increase the view but because they had landscaped their
entire yard. He reiterated that the view impairment would be
from his dining and living room windows.
Discussion ensued relative to his architect's drawings which were
done from the applicant's plans. He claimed his architect felt
those plans were not realistic.
Chairman Brown noted that the architect was retained by Dr. Tulman
and not the applicant.
Mr. Robert Armstrong, 9701 Lakewood, Downey, CA., Attorney,
represented opposition to the appeal.
He felt with the information provided him there were no other
alternatives. He felt the proposed addition was proper utilization
of the area and that the impairment is in his opinion minimal.
Mr. Armstrong stated that the applicants have offered to cut or
remove the large tree and by doing so there would be a significant
view from across the street. He felt the appeal bordered on the
frivolous.
Mrs. Wike asked if the chimney would remain as is.
Mr. Foster, the applicant, replied that in order to meet the Code,
it would have to be extended 21 higher than the existing.
Dr. Tulman addressed the Commission again and was asked by Mrs.
Ortolano if he disagreed violently to anything said.
Dr. Tulman referenced a letter sent to the Mayor by Judge Veron,
postponing the original hearing and discussed the limited contact
he has had with the applicants and stated the applicants have never
-2- 2/14/84 P.C.
approached him with any compromise.
Chairman Brown reiterated thecentralissue is to determine..
whether the proposed addition would have� significant impairment
on the view.
A motion was made by Mr. Von Hagen to deny the Appeal to Height
Variation No. 307 upholding the approval of the application.
It was seconded by Mrs. Ortolano and passed unanimously.
Chairman Brown advised the appellant this decision was appealable
to the City Council within 15 days.
VARIANCE NO. 95 The staff report of February
MURDOCK 14, 1984 was presented by
26645 SHADOW WOOD DRIVE Associate Planner Steve Rubin.
RANCHO PALOS VERDES He stated this was a continued
item from the December 19, 1983
Planning Commission meeting. After meeting with staff and the
designers, the applicant desires to resubmit the original proposal.
Mr. Rubin stated that the staff report of December 13, 1983 is
included and staff findings have not changed.
Staff recommended that Commission adopt Resolution P.C. No. 84-3
denying Variance No. 95 since all of the four mandatory findings
could not be made.
Staff had contacted Building and Safety, Lomita office, regarding
the previous. mentioned addresses in the staff report and the
investigation revealed only one permit after the City's incorporation.
All other construction was done prior to incorporation.
Mr. Von Hagen asked staff if any of the findings could be made.
Mr. Rubin explained that one finding could be made but that
it was necessary for all four findings to be made to approve a
variance.
Chairman Brown stated that in 1975 specific ground rules were
established and cautioned adherence to the Code.
The drainage ditch easement issue was discussed and its effect on
this application.
Mr. Rubin explained that the easement is 10' wide and stradles two
properties.
Mr. John Murdock, 26645 Shadow Wood Drive, Rancho Palos Verdes
addressed the Commission. He felt, along with his designer, that
exceptional and extraordinary circumstances exist. Relative to the
previous parking objection, Mr. Murdock explained the reason for
this additon is to add a larger garage to park two cars. He
discussed the safety issue and whether the proposed addition would be
-3- 2/14/84 P.C.
unsafe. He felt currently the steep driveway is a nuisance and
encourages children to use it for roller skating and bicycle riding.
Mrs. Joseph C. Spurgeon, 26134 Marina Drive, Rolling Hills Estates,
representing the build&r, spoke in favor of the variance. She
stated she was aware that the house across the street from the
Murdocks added on living area which encroached into the setback
area about four or five years ago. Mrs. Spurgeon felt that the
Murdock's request was valid considering the way things are in the
neighborhood. She did not feel the request was unreasonable.
Associate Planner Rubin indicated that his research did not reveal
any building permits for garages built within this time period
and of this nature.
Chairman Brown felt specific findings must be made to approve a
variance. Even though the existing development has similar
additions, they were probably done prior to incorporation of the
City and he could not support the variance.
Chairman Brown moved to Adopt Resolution No. P.C. 84-3 denying
Variance No. 95 since not all of the four mandatory findings
can be made. It was seconded by Mr. McNulty and passed.
Ayes: McNulty, Brown, Von Hagen
Nays: Ortolano, Wike
The applicant was advised the decision is appealable to the City
Council within 15 days.
EXTENSION OF TIME FOR The staff report was presented by
CONDITIONAL USE PERMIT Associate Planner Steve Rubin.
NO. 60, VARIANCE NO. 48 He explained the Planning Commission
originally approved Conditional
Use Permit No. 60 and Variance No. 48 in February 1981 and this
approval was for a development of approximately 58,750 square feet
of professional office space to be developed in four phases. He
exp.I—aiHedtNEreason for the extension request was because the
applicants now feel the economic climate i�right to proceed with
this project and stated the applicants have provided staff with a
revised phasing schedule. Staff recommended a two-year extension
to October 1986. 1
Mrs. Wike felt the item should be tabled to a later dateXand aired
her concerns relative to the vacancies around the hill , surrounding
11
areas, and possibly overdeveloping the area. 4A -t
Mr. Brunning, 727 Silver Spur Road, Rolling Hills Estates spoke
a representative for the development. He mentioned that his
present property on the hill is 1000 occupied and the proposed
development already has tenant commitment.
Mr. McNulty#felt the tenant occupancy issue was not relevant to
the Commission.
-4- 2/14/84 P.C.
•
A motion was made by Mr. McNulty to approve the extension for
Conditional Use Permit No. 60, Variance No. 48 by amending
Condition No. one, Exhibit A, Resolution P.C. 81-32. It was
seconded by Mr. Von Hagen and passed.
Ayes: Brown, McNulty, Ortolano, Von Hagen
Nays: Wike
Chairman Brown advised that the decision is appealable to the
City Council within 15 days.
APPEAL OF THE REQUIREMENT Assistant Planner Jonathan
FOR A GEOLOGY REPORT TO Shepherd presented the
PROCESS GRADING APPLICATION February 14, 1984 staff report.
NO. 695 He explained that staff review,
DAVID ENGLISH and decision are pending
2 TOP RAIL LANE submittal of a geology report
by the applicant. Mr. Shepherd
said Mr. English had been before
the City Council and the Planning Commission to appeal the geology
p
report requirement for revious grading applications.
The Commission asked for more clarification as to the essence of
the application.
Mr. Shepherd explained that Mr. English had been in front of the
Council many times. He said Mr. English wants to grade on an
unstable area and that the City has an injunction against him to
prevent him from grading in a landslide area in the lower portion
of his lot. He also explained that the applicant is requesting
approval to allow the stockpiling of 49 cubic yards of soil and
mulch material to beplaced adjacent to the tack room ori Mire lower
portion of his property.
Mr. David English 2 Top Rail, addressed the Commission and stated
this was only his second time before the Commission and that the
City did not have an injunction against _him and that the City already
had a geology report.
Chairman Brown mentioned the reason for this application was because
Mr. English wished to put more than 20 cubic yards in a'sensi-Eive area
Mr. English said he wished to modify the application to stockpile
outside of this landslide area.
There was lengthy discussion about how much of the area is in the
landslide area, how many cubic yards of material to be used, how
it will be distributed and where it will be distributed.
Chairman stated following this discussion that it seems the
application differs from the testimony being heard and he recommended
that the applicant return to staff and then bring it back to the
Commission if necessary.
Chairman Brown moved to table the item so that the applicant can revise
his application. It was seconded and passed unanimously.
-5- 2/14/84 P.C.
REPORTS
STAFF
IAC 0 ME
0
COMMISSION Mr. Von Hagen requested to attend
the California Contract Cities
Association meeting on March 7,
1984. Director Hightower will send in his registration.
Mrs. Ortolano discussed the apparent problem of applicants not
knowing when their item is on the agenda. She felt without
proper noticing unnecessary misunderstandings are created.
Director Hightower stated the scheduling and mailing of staff reports
but staff will review any problems.
ADJOURNMENT It was moved, seconded and
passed to adjourn at 9:50 p.m.
-6- 2/14/84 P.C.
X,