PC MINS 19850129MINUTES
PLANNING COMMISSION MEETING
JANUARY 29, 1985
The meeting was called to order at 7:35 p.m. in the School District Building
at 30942 Hawthorne,Boulevard by Chairman McNulty.
PRESENT: MCNULTY, VON HAGEN, ORTOLANO, BROWN, WIKE
Also present were Director of Environmental Services Sharon Hightower,
Senior Planner Ann Negendank, Associate Planners Steve Rubin and Alice
Angus, Assistant Planner Phyllis Parker, and Secretary Ann Brenesell.
COMMUNICATIONS Chairman acknowledged
League of California
Cities correspondence
regarding the
2/28-3/2 seminar.
The Chairman asked those interested in attending to contact Director
Hightower so that the necessary funding could be requested from City Council.
Chairman also received a request from the City Manager for suggestions
for City Council for the joint retreat meeting. Those suggestions should
be submitted to the Chairman prior to his meeting with the Mayor.
An invitation from Cayman Development for an Open House as well as a
thank you note from Dr. and Mrs. Wilde and Mr. and Mrs. Smith were also
acknowledged.
CONSENT CALENDAR
Minutes of 1/15/85 Minutes were amended
under Height Variation
#370 - Appeal, 6th
paragraph to read: "...Commission's opinion was that a view did exist. It
was felt this view would be significantly impaired..."
Dr. Brown moved to approve the minutes as amended; seconded by Chairman
McNulty and passed unanimously.
OLD BUSINESS
Variance #111
30520 Palos Verdes Drive East Associate Planner
Kerwin Steve Rubin informed the
Commission that the
Certificate of Compliance issue was not yet resolved; therefore, he
requested the public hearing be continued to the February 12, 1985 meeting.
Without further discussion, Dr. Brown moved to continue the public hearing;
seconded by Mrs. Wike annd passed unanimously.
NEW BUSINESS
Variance No. 114 - Leedy The staff report was
27143 Shorewood Road presented by Assistant
Planner Phyllis Parker
which outlined code considerations, alternatives, staff findings and
recommended denial of Variance No. 114.
Minutes
1/29/85
Page Two
Chairman McNulty declared the public hearing opened.
Citizens in support of Variance 114 were as follows:
Tom Leedy, applicant, 27143 Shorewood
Mike Kidd, 27122 Shorewood
Jerome Joseph, 27128 Shorewood
Pearl Joseph, 27128 Shorewood
R.S. McCormick, 27134 Shorewood
Stan Savich, 27135 Shorewood
Myer Bar, 5523 Eau Claire Drive
Their comments centered on increased property value, personal safety,
protection against vandalism and aesthetics.
Following a brief question and answer period, the Commission's majority
opinion centered around the consideration of a direct access garage as an
alternative upon application for, and approval ofya Minor Exception Permit.
In support of this approach,because there was no substantiating findings
and aesthetics are not the purvue of the Commission, Dr. Brown moved to
adopt Resolution No. P.C. 85 -4, denying Variance No. 114; seconded by
Mrs. Wike and passsed on a 4 to 1 roll call vote with Mrs. Ortolano opposing.
Summary Easement
Vacation, Lot 19, Tract 31714
Associate Planner Steve
Rubin presented the staff
report with a brief history
which recommended review of the proposed easement vacation and to recommend
to City Council that it proceed with said vacation.
The major issue raised focused on not knowing the ultimate use of the school
property, and whether use of the easement was necessary for public purpose.
Jay Mannino, 7005 Beechfield, prospective buyer of Lot 19, Tract 31714, questioned
the need for the easement and favored the easement vacation because in
his opinion it served no useful purpose
Edward Friend, 112 Cresta Verdes, (Carriage Realty), concurred with Mr.
Mannino favoring the easement vacation.
Commission discussion opposing summary easement vacation centered on
difficulties in acquiring new easementts , that to vacate said easement
would be premature until final disposition of School District property
is known, and the need to know its ultimate use.
Comments in favor of staff's recommendation related to the original reason
for the vacation being used by elementary school children, and that the
School District Superintendent has stated it was no longer necessary
Following lengthy discussion, Mrs. Ortolano moved to direct staff to draft
language recommending that the easement not be vacated, but allow for
limited use by the property owner of lot 19, and bring it back to the
Planning Commission at their next meeting; seconded by Mr. Von Hagen and
passed on a 3-2 vote with Mrs. Wike and Dr. Brown opposing.
M Minutes
1/29/85
Page Three
Code Amendment #15
Second Units Associate Planner Alice
Angus presented the staff
report of 1/29/85.
Brief question and answer period ensued between staff and the Commission.
Staff was asked to explain SB417.
Mrs. Angus said that essentially, SB417 exempts second units from CEQA.
Dr. Brown moved to send a memo to City Council stating that the Planning
Commission has reviewed state law and other local ordinances and based
on its review is not taking any further action based on lack of change and/or
new information but will continue to monitor and will not report back to the
City Council again, unless some change or new information prompts further
action; seconded by Chairman McNulty and passed unanimously.
Code Amendment #20,
Construction on Slopes
Greater than or Equal to 35% Senior Planner Ann Negendank
presented the staff report
and explained that Code
Amendment #20 was a miscellaneous Code Amendment that involved a number of
different revisions to the codes.
Chairman McNulty raised concern about the procedural issue and whether it
was necessary to involve City Council prior to Commission recommendation.
Comments in opposition to the Code Amendment related to the need for careful
consideration of encroachment into slopes on an individual basis; thus, the
necessity for Planning Commission involvement; objection to gazebos, and
concern over incorporation of the MEP process.
Dr. Brown moved to send a memo to City Council agreeing to staff's first three
recommendations; not allowing construction on benches or isolated pockets of
slopes < 35% in an otherwise extreme slope; removing gazebos from the
MEP process; and ask City Council to give direction before the Planning Commission
and staff proceed to refine the precise language for the Code Amendment;
seconded by Chairman McNulty, and passed on a roll call vote.
Yeses: Ortolano, McNulty, Brown
Noes: Yon Hagen
Abstain: Wike
Code AmAment #20
Family Day Care Associate Planner Alice
Angus briefly presented
the staff report which
recommended Planning Commission discussion to decide if the City wants to
regulate it with a permit or not, and if so, what type of permit.
Discussion ensued relative to the kind of permit. Staff was asked if
a Conditional Use Permit could be considered and Mrs. Angus said a
Conditional Use Permit was too stringent a review under State Law.
� c
Minutes
1/29/85
Page Four
After further discussion and with Commission consensus, Dr. Brown moved
to table the item until review and input from the City Attorney; seconded
and passed unanimously. Mrs. Ortolano was appointed as a Committee
of one to speak to the City Attorney with staff.
REPORTS
Staff
None
Commission Commissioner Von Hagen
reported on Jhe death of
citizens jiiand Agnes zz/g5�
Moss. It was also the consenus that Planning Commission and staff be
included in any contribution/recognition.
ADJOURNMENT
It was moved and seconded
and passed unanimously
to adjourn at 10:00 p.m.