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PC MINS 19850115MINUTES Planning Commission Meeting January 15, 1985 The meeting was called to order at 7:30 p.m. in the Hesse Park Community Building at 29301 Hawthorne Boulevard by Chairman McNulty. PRESENT: BROWN, ORTOLANO, VON HAGEN, WIKE, MCNULTY Also present were Associate Planner Steve Rubin, Assistant Planner Phyllis Parker and Secretary Ann Brenesell. COMMUNICATIONS from Coast Property Management to Robert McNulty Planning Council (SWAPC) correspondence. CONSENT CALENDAR Minutes 12/5/84 Minutes of 12/11/84 Resolution for Variance #112 The following communications were received and acknowledged: letter from Mrs. Rose DiSanto, letter and Southwest Area It was the consensus of the Commission to hold the minutes of 12/5/84 and the Resolution for Variance #112 until the end of the meeting. Dr. Brown moved to approve the minutes of December 11, 1984, seconded by Chairman McNulty and passed unanimously. NEW BUSINESS Assistant Planner Phyllis GPA#15, ZC#14, EA#460 Parker presented brief back- ground and outlined environ- mental issues as outlined in the staff report of 1/15/85 which recommended denial of General Plan #15, Zone Change #14. Chairman McNulty opened the public hearing. Testimony received in support of the General Plan Amendment #15 was presented by Leon Zamfirescu, applicant, 1631 Stonewood Court, San Pedro. He clarified his previous and present proposals and reiterated his reason for this request: his lots would be compatible with the adjacent lots of the Cayman Tract. Upon request from the Commission, he verified the proposed lot sizes as under 12,000 square feet. Alvin Rosenthal, 29716 Whitley Collins, opposed the request and cited the City's pasthistory of enforcement of the General Plan and the proven benefits to City residents; questioned the setting of a precedent, was concerned with cumulative impact potential and suggested the continuation of the bike path and greenbelt along Crest frontage. A Commissioner pointed out that the proposed lots would be further reduced in size if the bike path and greenbelt were to be continued along the Crest frontage and that Cayman's lots generally were larger than 12,000 square feet. Dr. Brown moved to close the. public hearing;seconded by Mr. Von Hagen and passed unanimously. Minurtes v January 15, 1985 Page Two One Member's concern centered on the inappropriateness of "spot zoning" while the Commission consensus for denial of GPA #15 was based on the creation of inadequately sized lots. Following brief Commission discussion, Dr. Brown moved to adopt Resolution P.C. No. 85-1 denying General Plan Amendment #15 and Zone Change #14; seconded by Mrs. Ortolano and passed unanimously. Chairman McNulty reiterated the Commission's action was a recomendation to City Council to deny GPA #15, ZC#14. He stated if it is appealed within 15 calendar days, the Council would then set a date for a public hearing; otherwise, there would be no public hearing; and the City Council action would be a simple vote on a staff recommendation to support the Planning Commission decision. VARIANCE #113 Assistant Planner Phyllis Tondre Parker presented the staff 1805 Peninsula Verde Drive report which recommended adopting Resolution No. P.C. 85-2 denying Variance 113 requiring removal of the storage shed. Commission questions to staff related to when the shed was constructed, the possibility of compliance with an MEP application, and the consideration of alternate locations. The public hearing was opened by Chairman McNulty. Steve Tondre, applicant, 1805 Peninsula Verde, requested approval of the variance based on the uniqueness of his property as he felt was already recognized by the Commission by approval of Variance 104 ,that all corner lots are not similiar because the hill on his property decreases the useable area and because a security problem exists related to the housing project located at the rear of his property. The subject shed would secure tools and aid in securing his property in general. A Commission member stated that Variance 104 dealt with a fence which was not at all applicable to Variance No. 113 for a storage shed. When asked why permits were never pulled for the shed, Mr. Tondre replied that he felt it would not have been approved. Dr. Brown moved to close the public hearing; seconded by Mrs. Mike and passed unanimously. Commission comments centered on the fact there were no exceptional circumstances found nor substantial loss of property owners' rights, and that the security aspect did not relate to the size of the shed; also the housing project existed prior to Mr. Tondre's purchase of the house. The following comments supported approval of Variance 113; the shed was not visible from the street, and the applicant would be the only one to suffer while there was no harm to the public welfare. Dr. Brown raved to adopt Resolution P.C. No. 85-2 denying Variance No. I13; seconded by Mrs. Mike and passed on a 4 to I roll call vote with Mrs. Ortolano dissenting. Minutes January 15, 1985 Page Three HEIGHT VARIATION #370 - APPEAL Associate Planner Steve Wilde Rubin presented the staff report of 1/15/85 which recommended denial of the appeal, upholding staff approval. He reiterated the neighbor's concerns as potential view impairment, the number of residents residing in the house, and decrease in privacy to adjacent properties. Mr. Rubin stated the view issue was the determining criteria for evaluation and that in staff's opinion there was not significant view impairment. Commission questions related to clarification of terminology of significant view, height addition of 24' versus 26' and lot coverage. Citizens in support of the appeal were: Dr. and Mrs. Robert Wilde, 26615 Whitehorn, RPV Kathleen Elkin, 2661 Whitehorn, RPV Dick Smith, 26604 Shadow Wood, RPV Arthur Beitl, 5138 Elkmont, RPV Their comments centered around preservation of homogeneity, possible depreciation of property values, view impact (including obstruction by parkway trees), City's disregard of private CC&R's, questioned whether the governing body truly represented the citizens, and stated that in their opinion an alternative existed for a smaller single story expansion. A representive for Mr Yu, owner of 26605 Whitehorn, was present but chose not to address the Commission and stated Mr. Yu wanted to do what was considered legal and within Code. The consensus of the Commission was the concern for the entire City not just this particular tract and that the merits of each case were examined individually. The central issue considered was view. In this case, the, Commission's opinion was that a sfh4l view impairmemtldid exist.a-nd it4wourdote '2flf� significantly impaired;therefore; Dr. Brown moved to grant approval to Height Variation #370 - Appeal denying staff approval; seconded by Mr. McNulty and passed unanimously. Chairman McNulty called a short recess at 10:10 p.m. and reconvened at 10:20 p.m. SITE PLAN REVIEW #3014 approval of alteration to the BGR line for Plan. Mr. Rubin stated the proposal would area and in altering the BGR line no impact BGR line. Associate Planner Steve Rubin presented the staff report which recommended Lot 40 as proposed by the Site not affect the existing drainage on the intended purpose of the Commission aired concern relative to a possible problem with pool fencing and creating a situation for a Variance or MEP application, drainage and three curb cuts. Joe Gonzalez, 6042 Ocean Terrace Drive, RPV, contractor for the proposed house stated his client would be willing to remove the third curb cut if it were a problem. Minutes Jafuary 15, 1985 `M Page Four The Commission majority felt it was not a problem. A concern was raised regarding altering the BGR line and its effects on drainage. Mr. Von Hagen moved to approve Alternative i#1 as proposed by the applicant with no additional conditions; seconded by Chairman McNulty and passed on a 4 to 1 roll call vote with Mrs. Wike dissenting. CONDITIONAL USE PERMIT #58 Minor Amendment 'A' T&T, Tract 39673 The staff report was presented by Associate Planner Steve Rubin with a brief background. He stated that by reducing the amount of common open space, it provides greater private yard space to the potential buyers and could eliminate potential maintenance problems of the common open space. Mr. Rubin recommended approval of the application as proposed by the applicant. Ross Bolton, South Bay Engineering, 304 Tejon Place, PVE represented the applicant and stated their major concern was for the maintenance of landscaping in the common open space. After brief discussion, the consenus of the Commission was to support the application but not carte blanche, with minor alterations being decided upon by staff. Dr. Brown moved to approve the staff recommendation, seconded by Mr. McNulty and passed unanimously. Staff Associate Planner Steve Rubin advised that Al Levitt's project had been withdrawn from the City of Rancho Palos Verdes and reviewed the agenda for the January 29th Planning Commission meeting. MINUTES 12/5/85 The following sentence was changed to read: The general consenus was to maintain the current policy prohibiting construction of slopes and add language into the code... Dr. Brown moved to approve the minutes as amended, seconded by Chairman McNulty and passed unanimously. RESOLUTION P.C. NO. 85-3 It was moved and seconded Lewis to approve Resolution P.C. No. 85-3 and passed on a 4 to 1 vote with Mrs. Wike dissenting. ADJOURNMENT The meeting was adjourned at 11:15 p.m. to 1/29/85 at 30942 Hawthorne Boulevard, next to City Hall.