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PC MINS 19850514MINUTES PLANNING COMMISSION MAY 14, 1985 The meeting was called to order at 7:35 p.m. by Chairman McNulty at the Hesse Park Community Building, 29301 Hawthorne Bouelvard. PRESENT: MCNULTY, ORTOLANO, VON HAGEN, WIKE Also present were Director of Environmental Services Sharon Hightower, Associate Planners Alice Angus and Steve Rubin, Assistant Planner Greg Fuz, City Attorney Steve Broiles and Secretary Ann Brenesell, COMMUNCIATIONS The following communications were received: (1) From staff, Condition #20 for insertion in Exhibit 'A' of Tentative Parcel Map 16748, (2) Letter from City of Rolling Hills Estates regarding the Levitt project, (3) Request for continuance from applicant Cartwright for Encroachment Permit #1, and (4) Request for continuance from applicant for Coastal Permit #13, Grading Application #805. CONSENT CALENDAR Minutes 4/23/85 4/30/85 the slope_" The following corrections were noted on page 2, third paragraph, the words "had not listened to the tape" were inserted. A correction was noted under Construction of Slopes to read: ..."from the top of Mr. Von Hagen moved to approve the minutes of 4/23/85 and 4/30/85 as amended; seconded by Mrs. Ortolan, and passed unanimously. Grading Application #802 was removed from the Consent Calendar and placed as first order of business under Continued Business. CONTINUED BUSINESS Grading Application #802 Associate Planner Steve Rubin summarized the contents of the letter from the Deputy City of Rolling Hills Estates. Al Levitt, 2105 Roseta Place, PVE, developer/owner was available for questions and stated he would comply with a 24' width access drive if that was the condition. Following brief discussion on City of Rancho Palos Verdes's policy on driveway width, 20' versus 24', the amount of excavation involved, and time limit on the application, Mr. Von Hagen moved to approve Grading Application #802, to include conditions of a 24' road and a year's time limit on the Grading Application with an opportunity for a 6 month extension; seconded by Chairman M L� Minutes May 14, 1985 Page 2 McNulty and passed on a 3 to 1 vote. Yeses: Qrtolano McNulty Von Hagen • Noes: Wike Mrs. Wike said her no vote was because the geology of this site is not verified. There is a fault identified on the applicant's map, therefore, it is her opinion that the geology reports should be obtained before the project receives Planning Commission approval. CONTINUED BUSINESS The staff report was Certificate of Compliance #90 presented by Associate Kerwin - 30520 PVDE Planner Alice Angus. A lengthy question and answer period ensued between the Commissioners, staff and Deputy City Attorney Steve Broiles regarding the chronology of events. The City Attorney was asked to clarify criteria used for evaluating the legality of the lot. City Attorney Broiles referred to Section 66412.6 of the Government Code regarding Creation of a parcel resulting from Division of Land. Specifically, he said, in this situation the concern was whether the lot was created prior to March 1972. He stated there did not appear to be a recordation of the parcel in question approved by a public official. Robert Kerwin, applicant, 30438 Palos Verdes Drive East, provided additional information and evidence which he thought proved the lot was created legally. He felt the decision was a question of judgement and not a legal question. He said he received a letter, dated 9/11/83, from Environmental Services which stated the lot was buildable so he proceeded in good faith. He submitted a list of expenditures. Mr. Kerwin was asked to support his belief that he was sold two lots. In reply, he said he had 2 tax bills at that time and Mrs. Kerwin replied they received separate, recorded grant deeds. A suggestion was made to Mr. Kerwin to obtain an affidavit from the previous owner on what was sold to him. Kathryn Dunaway, attorney, 3701 Skypark Drive #170, Torrance, represented the Kerwins and provided further evidence. Her argument was that the trust deeds that were recorded as part of the loans beginning in 1961 created the division. The previous owner had consistently treated the land as two parcels. They requested a Certificate of Compliance without conditions. Minutes 4 May 14, 1985 Page 3 2 Mrs. Ortolano moved for continuance and requested a written statement from the City Attorney to be prepared and submitted to the Commission, staff, applicant and applicant's attorney and the matter to be brought back 30 days following the City Attorney's recommendation; seconded by Mrs. Wike. On a roll call vote, the motion failed. Yeses: Ortolano Noes: Von Hagen Wike McNulty Mr. McNulty moved to approve the applicant's request based on the finding that the parcel was created prior to September 22, 1967 per the California Government Code, Section 66412.6a and directed staff to process the Certificate of Compliance to legalize the lot; seconded by Mr. Von Hagen. Mr. Von Hagen amended the motion to include that the applicant's provide staff with the 2 of deeds of trust- On a 2-2 roll call vote, the motion failed. Yeses: McNulty Noes: Ortolano Von Hagen Wike Mrs. Ortolano restated her original motion ; seconded by Mrs. Wike and passed on a 3 to I roll call vote with Mr. Von Hagen in dissent. C.U.P. #51 Associate Planner Steve Rubin Tract 35040 referred to materials previously submitted to the Planning Commission. The Commission questioned the chronology of events, whether economics was the reason for the delay of the pro3ect, whether the letter of credit for coastal in -lieu fees had expired, whether additional conditions could be imposed at this time, and what could be done about mitigation measures of Environ- mental Assessment #346 that were not included as part of the original conditions of approval. Specific concern was raised regarding preservation of archaelogical remains. Scott Crawford, 706 Avenue A, Redondo Beach, represented Lanco Engineering who represented CALWAH Development. He said the letter of credit was irrevocable and the City was beneficiary. Discussion ensued regarding a one-year extension, and after completion of Phase I application could be made for a further extension for Phase II. Additional Commission concerns centered around the pro3ect being approved five years ago and the Commissioner's unfamiliarity with the application other than reading the written record, that there were no proposed interior sidewalks, and whether the project would be compatible with present develop- ments. It was clarified that there were exterior sidewalks. 1�1 Minutes May 14, 1985 Page 4 Chairman McNulty moved to continue the application to May 28th and requested a determination from the City Attorney regarding requiring the mitigation measures, seconded by Mr. Von Hagen and passed unanimously. VARIANCE #117/ Assistant Planner Greg Fuz Coastal Permit #12 presented the staff report 4144 PVDW which recommended approval of Variance #117/Coastal Permit #12 based on the four findings stated in the staff report of 5/14/85. After being asked the reason staff required a survey as Condition 1 of Exhibit 'A', Mr. Fuz explained that it was necessary to determine whether the new construction would be in the public right-of-way. Chairman McNulty opened the public hearing. Charles Good, 7323 Via Lorado, applicant, supported the Variance based on his opinion that the garage would be consistent with the neighborhood. He stated he would comply with the conditions of approval set forth but requested the deletion of the survey requirement. With no one further to speak to the item, Chairman McNulty closed the public hearing. Mrs. Ortolano moved to adopt resolution P.C. No. 85 - approving Variance #117/Coastal Permit #12 deleting Condition #1 of Exhibit W; seconded by Mr. McNulty- and passed- i-amanimaussly. Following further discussion in support of staff's original recommendation of Condition #1, Mr. McNulty withdrew his second. Thus, Mrs. Ortolano restated the motion to approve Variance #117/Coastal Permit #12 to include the conditions set forth in Exhibit A. The motion was seconded by Mr. McNulty and passed unanimously. Chairman McNulty advised that the decision was appealable to City Council within 15 days. Tentative Parcel Map #16748 Associate Planner Steve Rubin presented the staff report which recommended approval of the Final Negative Declaration for Environmental Assessment #462 and Tentative Parcel Map 16748 subject to conditions contained in Exhibit 'A'. Staff concern related to development on the hillside and that it be done conservatively if approved. Staff recommended that if the T.P.M. be approved, that the grading outside the building footprints be limited to purposes of landscaping and site drainage. Minutes e May 14, 1985 Page 5 Geology, slope erosion, and flooding concerns were addressed. Chairman McNulty opened the public hearing. William Swanson, 4227 Rousseau, applicant, addressed the expressed concerns and stated that no grading was necessary for construction(minimal for access), and that a flood control easement access could be taken from his property alone. Relating to Conditions of Approval, he requested the deletion of Condition #31 and stated he would like to leave the existing overhead utilities and existing house. Regarding Condition #32, he said he would like to leave the easement at 15' width instead of 20'. Residents who spoke in opposition were as follows: Connie D'Ambrosi, 29006 Bayend Drive Joseph D'Ambrosi, 29006 Bayend Drive Bob Downing, 1914 Caddington Drive John Reitz, 29005 Bayend Drive Claire Reinish, 1895 Jaybrook Drive Donald Feliciano, 29001 Bayend Drive Their concerns centered around saftey/children, access for County Flood Control, decreased property value, adequate storm drains to handle runoff, and parking in the cul-de-sac. Mr. Swanson readdressed these concerns and stated he would provide better access for Flood Control, that street parking from his project would be unlikely, and the project would enhance the value of the area because he would enlarge and renovate the existing house as well as build 2 new ones. Mrs. Wike moved to direct the applicant to redesign the proposed project to two lots, seconded by Mrs. Ortolano. The motion failed on a 2-2 roll call vote. Yeses: Ortolano Wike Noes: McNulty Von Hagen Mrs. Ortolano moved to deny Tentative Parcel map 16748, seconded by Mrs. Wike. The motion failed on a 2-2 roll call vote. Yeses: Wike Ortolano Noes: Von Hagen McNulty Mr. Von Hagen moved to adopt Resolution P.C. 85- approving Final Negative Declaration #462 and TPM #16748 subject to Condtiions in Exhibit 'A'. The motion failed on a 2-2 roll vote. Yeses: Von Hagen Noes: Wike McNulty Ortolano Minutes 0 May 14, 1985 Page 6 Chairman McNulty advised that the application was denied and that the decision was appealable to City Council within 15 days and instructed the applicant to contact the Environmental Services Department for the specific procedure. Gtading Application #791 - Appeal Associate Planner Steve 1842 Avenida Aprenda Rubin presented a brief staff report which recommended directing the applicant to reduce the maximum height of the wall --to four feet. Louis DiMeglio, architect, 479 W. Sixth Street, San Pedro, represented the applicant and requested approval for a 514" block wall. Without lengthy discussion, Mr. Von Hagen moved to approve Grading Application #791 -Appeal with a reduction to 51 maximum retaining height, seconded by Mr. McNulty and passed unanimously. REPORTS Commission None Staff None ADJOURNMENT it was moved, seconded and passed unanimously to adjourn at 12:15 a.m.