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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.