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PC MINS 19850528MINUTES PLANNING COMMISSION MAY 28, 1985 The meeting was called to order at 7:36 p.m. by Chairman McNulty at the HessePark Community Building, 29301 Hawthorne Boulevard. PRESENT: McNULTY, ORTOLANO, VON HAGEN, WIKE Also present were Director of Environmental Services Sharon Hightower, Senior Planner Ann Negendank, Associate Planners Alice Angus and Steve Rubin, and Assistant Planner Greg Fuz. COMMUNICATIONS: CONSENT CALENDAR Minutes May 14, 1985 Resolution P.C. No. 85-_%-ro P� � a )Lj-q%.yar.1iknqq. #1 of Exhibit W; seconded by Chairman McNul None Chairman McNulty corrected the paragraph on page four to read, "Mrs. Ortolano moved to adopt, /Coastal Permit, #12 deleting Condition Mrs. Ortolano stated she felt the Minutes should contain more discussion; for example, the discussion of Tentative Parcel Map #16748 doesn't show her concerns that the house looks extremely small or that the cul de sac perhaps should be larger. No changes were made. Mr. McNulty moved that the Minutes be approved as amended, Mrs. Ortolano seconded, and the motion carried unanimously. CONTINUED BUSINESS Informal Hearing Associate Planner Rubin presented CUP #51 - Extension - Tract 35040 the staff report, saying that the Lanco Engineering mitigation measures of January 18, Request for Extension of Time 1979, including noise, alternate locations, design, and geology had been incorporated into the grading and building plan thru subsequent review processes. Most importantly archeology and paleontology, could be added as conditions of approval to the present Extension request and as notes to the grading plan. The City Attorney said a public hearing could be held but did not think it necessary for these two items. Concern was expressed that accurate topography be adhered to as it related to the mitigation section concerning views and the irrevocable letter of credit. Mr. Rubin responded that new, valid letters of credit would be required prior to 'ding inspectstringent.issuance of any permits, and that grauld be stringe Michael Nichols of Lanco Engineering, 17430 So. Prairie Avenue, Torrance, stated that the letter of credit is as acceptable as a bond and that construction would proceed if the extension were granted. Mr. Dominic Fucci of 7011 Lofty Grove, representing the developer, said they were ready to start, funding will occur within 60 days, and Phase I should be completed in a year. After questioning, he added that Phase II could be completed in two years. Minutes May 28, 1985 Page 2 Mrs. Ortolano made a motion to approve the requested Extension for CUP 151 with the following additional conditions: 1) that development of Phase I be completed within 1 year; 2) that development of Phase II be completed within 2 years; 3) that mitigation measures which were identified in the document dated January 18, 1979 be incorporated, including No. 2 (archeological resources) and No. 5 (possible paleontology resources); and 4) that applicant be required to give further financial assurance at the direction of the Planning Director if in her judgment it is required. Mr. McNulty seconded the motion, which passed unanimously on a roll call vote. NEW BUSINESS Public Hearing Associate Planner Alice Angus presented Miscellaneous Code Amendment #20 the staff report, and summarized the major changes proposed in Code Amendment #20. Senior Planner Negendank said that the City Attorney has given the Amendment a cursory review, and items to be added include a clean-up reference and prohibition of using trailers as residences. Mr. McNulty declared the Public Hearing open at 10:30 p.m. Barbara Kennard, 3402 Deluna Drive, said she would like to see a section added to the Code prohibiting exterior steps to second stories on single family residences. She is concerned that in her neighborhood of one story homes people will start adding second stories with exterior stairways with the intent to create rental dwellings. She said that she represents the Mira Catalina Homeowners Association and that the Homeowners Council, with 13 associations, recently "overwhelmingly voted that no exterior steps to residences in this community be allowed". She submitted to the Commission a petition of residents against exterior steps to second stories being allowed. Director Hightower, in response to Mr. McNulty's query, said there are two to three such exterior stairways presently existing. Franklyn C. Weiss, 30711 Via la Cresta, President of the Palos Verdes Homeowners Council, said the associations received no mail regarding Code Amendment #20 but that the organizations are against development of "extreme slopes over 351". He feels the present variance procedure works and that no change is necessary; the Amendment makes exceptions for decks, solar panels, or "any such structure as the Planning Commission may grant" and that the associations are against this language as being too loose. The Commission stated that it is against building on 351 or greater slopes. It was added that the Amendment gives the Commission aesthetic discretion, which the grading ordinance does not. Jeannette Mucha, 5538 Littlebow Road, said her concern is with Section 17.02.0406, heights versus views. She said the proposed change will allow determinations by the Director of Planning, which would be subjective.. She favored retaining the Code as is. She asked 3f the paragraph beginning with "'principal view' is a scene not OKI Minutes May 28, 1985 Page 3 within the immediate area..." would be retained, and Senior Planner Negendank responded that it would. A Commissioner responded that view considerations are always subjective, and the Commission asked staff to come back with this amendment written with underlining and crossouts, so that differences between the present�and _pRopose_d__ wording could be more easily ascertained. Mr. Lin Hendrich, 27915 Longhill Drive, said he represents the Rancho Palos Verdes Council of Homeowners Associations and that there is a consensus of opinion regarding day care facilities in the single family residential zone as to traffic, parking and the permit procedure; the associations feel that the City's action is timely and should proceed as soon as possible. Dorian Dunlavey, 3255 Parkhurst Drive, asked that the Commission table the Amendment until there is more input. Her concerns relating to views were: 1) why the changes, 2) what benefits are there to the City, 3) a narrow definition of viewing area should be added to the Code to benefit the City. 4) visual/view corridors similar to the Coastal Commission's specific plan would be helpful to the City, and 5) what is the reason for the change from "residents" to "residential zone." With no further public imput, Mrs. Wike, at 11:10 p.m. made a motion to continue the Public Hearing to the next Planning Commission meeting on June 11, 1985, Mr. Von Hagen seconded the motion, which carried unanimously, Public Hearing Tentative Tract No. 43725 Coastal Permit #15 Kenneth and Alice Wong SE corner Clipper Rd/P.V. Dr. S. Commission meeting of June 11, 1985. Mr. unanimously. Public Hearing Variance #118 Frank and Clare Schlegel 26822 Fond du Lac Road is of the opinion that the Code is being Mr. McNulty opened the Public Hearing at 7:55 p.m. and asked for comments from the audience. There were none. Mrs. Ortolano made a motion to continue the Public Hearing regarding Tentative Tract No. 43725 to the Planning Von Hagen seconded the motion, which carried Assistant Planner Fuz presented the staff report, stating that when the Schlegels purchased the property in 1983 they did not know the converted garage was nonconforming. Staff properly enforced and recommended denial. Mr. McNulty declared the Public Hearing open at 8:18 p.m. I Frank Schlegel, 26822 Fond du Lac Road, applicant, -cited an administrative error in a City letter which stated that he "must convert (the garage) to car use", saying that the letter was without due consideration. He said another City letter i Minutes May 28, 1985 Page 4 threatened him with a 1500 fine and 6 months in prison (with)in ten days" and offered him no recourse He said he never received the Complaint from the City and doesn't know what it contains. His variance request is to keep the garage as is, which is how he purchased it. Previous owners told him the home was a model and that the garage was used as a display place. The previous owners wished to retain it as such, but the sliding glass doors were taken down and the garage door put up in order to complete the sale. Then, around 1962, the previous owners put the sliding glass doors up again, long before the City was incorporated. Los Angeles County attempted no code enforcement, and no.complaints were ever lodged to his knowledge. One Commissioner responded that in code violations, recourse is to bring property into compliance, and added that everyone has storage problems, that he sees no hardship here, and that the garage is a code violation. In response to questions, Mr. Schlegel stated that he has two cars and no intent to convert the garage to living space. He added that he installed the carpeting. Bernard Slotnick, 26806 Fond du Lac Road, stated he lives two doors up from Mr. Schlegel and that since 1971 when he moved there, he has observed that all is neat on the subject property and that he sees no reason for complaint. Henry Bremer, 26816 Fond du Lac Road, said he has been next door since 1963 and that the garage was like it is even then. He said he feels the City should grant the variance, that Mr. Schlegel takes good care of his property. He added that originally the garage had been used as a sales office and that the bank would not extend a loan without the garage door being replaced. With no further persons coming forward, Mr. McNulty declared the Public Hearing closed at 8:42 p.m. Commission discussion centered on the following: vehicular accessibility, concern that if this code violation were allowed, others would come forward with similar requests, the 23 years of no code enforcement, the present owner's purchase of the site only two years ago, and the lack of complaints in all those years. Mrs. Ortolano made a motion, seconded by Mr. Von Hagen, to adopt Resolution P.C. No. 85-10, denying Variance No. 118. The motion carried with the following roll call vote: Yeses: Ortolano No: McNulty Von Hagen Wike Mr. McNulty told the applicant that he has 15 days in which to appeal this decision to the City Council. Public Hearing Associate Planner Rubin summarized CUP #97 the staff report, saying that the St. Paul's Lutheran Church Church is requesting a second temporary 31290 Palos Verdes Drive West structure) as well as retain the existing .`_one—under t.hi s_Permi t_,_that _the_s_econd___ stru.ctu.re__i_s_ twice as_1 arse as_ the, ex_i sti ng_one, and that there would be a loss of ten parking spaces but that the improvement of the new lot could probabley compensate for this loss. Minutes May 28, 1985 Page 5 He noted that numerous staff extensions of time for the existing temporary structure have been granted. He said when the area around the Church is developed with condominiums, the temporary buildings, which are different from each other in size and appearance, might be a visual problem. He said staff recommends denial as to allowing the new structure and to allow the existing structure to remain two more years so that the Church has adequate planning time as to its proposed merger with the Ascension parish, on Silver Spur Road. In response to a Commissioner's query, Mr. Rubin said that the easement document, which he has not seen, may not allow the Church to put parking spaces on the site. He added that the improvements on Palos Verdes Drive West were done by the City, not the Church. Mr. McNulty declared the Public Hearing open at 9:05 p.m. Bill Messer, 1740 Palos Verdes Drive West, Palos Verdes Estates, said he is on the Church Council and can explain the need for more space. Primarily Sunday school classes are taught in the existing space, with only curtains separating the classes, creating an impossible teaching situation. He said the Church in 1987 will either build an addition or remove the two temporary structures regardless. He added that parking is not much of a problem because Church services have been expanded to 8:00 a.m and 10:00 a.m. and the easement grading and gravelling will be shortly accomplished, providing more parking space. One Commissioner responded that the temporary structure has been present since 1979 and that he does not want the Church to come back in two years asking for more time; Mr. Messer reiterated that 1987 will be the last year for these structures. William Haynes, 28223 Ridgepoint Court, stated that as a Church member for 7 years he is aware that the appearance of temporary structures is not good but that the structures are for the education of the children. Michael Hendrickson, 27016 Fond du Lac Road, said he was involved with the Church merger which will occur shortly, with St. Paul's and Ascension being joined for planning purposes. This will result in maximization of existing facilities, through, possibly, the splitting of programs. Mr. Hendrickson confirmed Mr. Messer's statements that in two years the temporary buildings will be removed from St. Paul's. With no further audience input, Mrs. Wike made a motion, seconded by Mr. Von Hagen, to close the Public Hearing, which motion was unanimously carried at 9:40 p.m. Mrs. Wike made a motion to approve CUP #97 to place a second modular building at St. Paul's Lutheran Church and bring the existing modular building under the same CUP for two years, with the conditions of Exhibit A of Resolution P.C. No. 85-11 applying to both the new module and the existing structure, with the condition of absolutely no extension beyond the two year period. and with the condition that MX*tA, k 04,5 Minutes May 28, 1985 Page 6 prior to expiration of CUP 197, which expiration date shall be two years from the date of adoption of this Resolution. He added that item 5 of "Exhibit A" provides for landscaping, thus making the landscaping condition in the current motion redundant. Mrs. Wike accepted Mr. Von Hagen's amendment and landscaping comment as to her motion. Associate Planner Rubin suggested that the Resolution come._back.-onthe-Consent_Cal:endar= --__ for language changes, to which the Commissioners agreed. One Commissioner had a real problem because the existing temporary structure has been so for nine years and the Church is now asking for yet another temporary structure. A role call vote on the motion was taken for conceptual approval only: Yesses: Von Hagen No: Ortolano Wi ke McNulty Mr. McNulty explained to Mr. Messer that the Church has fifteen days from adoption of the resolution to appeal the decision to the City Council. Informal Hearing Assistant Planner Fuz gave the staff Sign Permits 231 and 232 - Appeal report, stating that the issue is Dr. Barbara Stephens, 28631 Western Avenue whether the Commission wished to allow Dr. Lee Peng, 28633 Western Avenue signs on the second floor of commercial buildings and that an existing illuminated sign of tenant Bayshore Medical Group, approved inadvertently, takes up all the space on the second floor of a commercial building presently allowed by Code. Dr. Barbara Stephens, 28631 Western Avenue, of the applicants, stated -that she u feels City staff is biased against professional tennants by implying that professionals do not generate business through signage. She said plaza identification signs would do no good because the plaza is known as Carl Jr's, their proposal for signage is with dignity, that her business is unusual and would attract people, and that she has a three year lease and would not have chosen this location if she had known signage would be so difficult to obtain. She said the two signs she and Dr. Peng are requesting on the second floor facing Western Avenue would not result in a proliferation and that it seems unfair to deny them exterior signage when everyone else who wants signage has it. Dr. Peng, who was present, said she had nothing to add to Dr Stephen's presentation. Barbara Kennard, 3402 Deluna Drive, said she is landlord of a nearby shopping center and that it is up to a landlord to see that each tenant receives a fair proportion of space allotted by City code for hi,s sign. Jack Leonard, 1622 Bardale Avenue, San Pedro, said that the Bayshore Medical Group Minutes May 28, 1985 Page 7 sign is so large that it implies no other tenants are housed on the second floor. He said the sign demonstrates a real inequity, tarnishing the City's credibility as to possible collusion outside of the City's normal channels. Assistant Planner Fuz, in response to the Commission, outlined a process by which the City could move to get the Bayshore sign removed, first by notifying them that the permit was issued in error. He added that that sign had been approved through literal interpretation,of the. -Code. All f6ur-Commissioners concurred in proceeding with removal of the Bayshore sign and starting an amortization -period. One Commissioner added that the City cannot ask Bayshore to take its sign down while two other signs are going up. Assistant Planner Fuz submitted to the Commission a letter from the landlord supporting the applicants' appeal. Mrs. Ortolano, stating that a denial of the appeal might get the landlord involved, made a motion to deny the applicants' request for any signs, which motion was seconded by Mr. Von Hagen and unanimously carried. Mr. McNulty advised the applicants that they may appeal the denial within fifteen days to the City Council. Mr. Fuz added that staff will obtain counsel from the City Attorney as to removal of the Bayshore sign. QUESTION FROM THE PUBLIC: None REPORTS: Staff: None Commission: Mr. Von Hagen said that he would soon be attending a Contract Cities Conference with the City Manager and the Mayor and requested information from staff and fellow Commissioners which he might take to the Conference. Mr. Von Hagen noted that Donald Wallace, a prominent citizen in amateur radio communications for many years, passed away during the past week, and he invited staff, Commissioners, and audience to attend the memorial at Armaga Springs on May 29th. ADJOURNMENT It was moved, seconded, and passed unanimously to adjourn at 12:42 p.m.