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PC MINS 19860909J�6,116 Ce l e5o c� M I N U T E S PLANNING COMMISSION SEPTEMBER 9, 1986 The meeting was called to order at 7:30 P.M. by Chairman Von Hagen at 29301 Hawthorne Boulevard. PRESENT: HODGE, MC NULTY, ORTOLANO, VON HAGEN, WIKE ABSENT: NONE Also present were Director of Environmental Services Robert Benard, Associate Planner Greg Fuz, Associate Planner Steve Rubin and Assistant Planner Jack Roberts. COMMUNICATIONS Chairman Von Hagen related the following communications: Letter from Ms. Marconi regarding Specific Plan III and her opposition to the sale of liquor at the proposed 7/11 store at 29505 Western; letter from the County Zoning Enforcement Department stating the Botanical Garden and Remax Realty signs under the Los Angeles County jurisdiction are in compliance with the County codes; letter from Mr. Hurley supporting Variance No. 138; and letter from Mr. Parker supporting Variance No. 138. CONSENT CALENDAR The August 12, 1986 minutes were amended as follows: Page 4, Para- graph 8 was revised to read, "...and the existing pole sign." Mr. McNulty moved to approve the August 12, 1986 minutes as amended. The motion was seconded by Mrs. Wike and passed by majority with Mr. Von Hagen abstaining (due to absence at the 8/12/86 meeting). PUBLIC HEARINGS Variance No. 137, GR No. 908 Associate Planner Steve Rubin Bjazevich - 2080 Dorado presented the staff report and recommended that the Commission open the public hearing, take testimony, direct applicant to revise plans according to Commission/Staff direction, and continue the public hearing to October 14, 1986. The Commission discussed: the proposed 2,654 square foot residence would be larger than most of the surrounding homes but would be small- er than most custom homes in the City, the 8-10' encroaching wall at 2072 Dorado should be removed as a condition of approval, and the ori- ginal lot at 2072 Dorado was subdivided to form applicant's lot. 601CP/MIN6.1-9 Minutes September 9, 1986 Page Two Chairman Von Hagen opened the public hearing. Mr. Nick Bjazevich, 1615 West 21st Street, San Pedro, 90732, appli- cant, discussed: his agreement with staff's proposed 10' second level setback, his agreement with the required removal of the encroaching improvements at 2072 Dorado, he purchased the property with knowledge of the encroaching improvements, the elevation between his property and the property at 2003 Caddington would be 28/291, the residence would be wired for cable television, a dish antenna would be in the attic, the placement of the proposed structure could not be reversed because of a telephone pole on the property, and the property is com- posed of fill and bedrock. Staff discussed: either a roof or a balcony as an offset on the 10' second level setback could be permitted and removal of the encroaching improvements must be resolved before applicant will be given building permits. The Commission discussed: concern over granting a direct access gar- age with a setback of less than 15' (Code is 201) and that the exist- ing direct access garages in the area with less than 20' setbacks were constructed prior to the neighborhood's 1983 incorporation into the City. The Commission also said applicant should be required to wire the house for cable television. The Commission also discussed a 51' front setback in relationship to the house that is more than twice as large as homes built in that area. The average size of homes is 1,250 square feet whereas applicant is asking to build a home of 2,654 square feet. Mr. Karl Koch, Jr., 2003 Caddington, and Ms. Ariana Fass, represent- ing residents at 2025 Caddington, voiced objection to the request and discussed: view impairment concerns, grading concerns/the property was previously a land fill, the elevation between the property at 2003 Caddington and the subject property, and the size of the proposed res- idence should conform to surrounding structures. Staff said the 2003 Caddington view would not be impacted since that view is at an angle from the deck and would be over and beyond the proposed residence and would not encroach into its cemetery/City light view and noted no height variation appeal has been received to date. Staff assured concerned parties that the City Geologist would review the land stability prior to approval by the Building and Safety Divi- sion. Mr. McNulty moved to close the public hearing. The motion was second- ed by Mr. Hodge and passed unanimously. Minutes September 9, 1986 Page Three The Commission voiced concern over the proposed height of the resi- dence and discussed that applicant could build a structure which would be within the Code's 16' height limitation but that the square footage would then be greatly reduced. The Commission also discussed: under - grounding utilities, concern over view impairment at 2003 Caddington, staff could work with applicant to increase the front setback to 10/121 to match the surrounding setbacks for two car, direct access garages, the proposed residence could be split level to preserve more of the views, and agreement with staff's recommendation of a two car, indirect access garage. The Commission emphasized applicant's right to build on the legally created substandard lot and a Commissioner stressed that a house of the proposed size would not be appropriate. The Commission noted possible view impairment and stated the applica- tion could be conditioned or denied with direction to redesign. Staff mentioned the power poles which would serve the structure are in two locations, both of which are in the right of way. In addition, staff noted undergrounding of utilities can be required only for util- ities running directly to a structure. Mr. Von Hagen moved that the Commission accept the staff recommenda- tion including modifying the garage to indirect access, adjusting the front of the second level to have a minimum 101 setback to minimize the impact from the street, conditioning applicant to complete suc- cessful negotiations to remove the encroaching improvments and to wire the house for cable television as per code, and requested staff inves- tigate whether it is appropriate to have additional geological review of the site in light of the recent testimony regarding the land fill. The motion was seconded by Mr. Hodge. The Commission noted that since the lot is substandard the requested first level front setback encroachment would be permitted. The motion was passed by majority with Mrs. Ortolano, and Mrs. Wike dissenting. Mrs. Ortolano emphasized the proposed residence is too large for the lot. Chairman Von Hagen noted appeals can be made fifteen calendar days after the adoption of the resolution at the September 23, 1986 meet- ing. Variance No. 138 Assistant Planner Phyllis CA Fence and Supply Parker presented the staff re - 29610 Enrose - Sirianni port with the recommendation • Minutes September 9, 1986 Page Four 0 - that the Commission deny the request and direct the property owners to remove the deck within thirty days. The Commission said the extreme slope should be considered and empha- sized the importance of the deck's footings being set in concrete. The Commission mentioned the utility easements running along the east property line. Chairman Von Hagen opened the public hearing. Ms. Lesley Sirianni, 29610 Enrose, property owner, discussed: CA Fence and Supply did not inform her a permit was necessary, Pacific Bell and Southern California Edison voiced no objection to the deck encroaching into the existing easement at the rear of the lot, the unusually small size of the lot, the deck was extended to provide more room for recreational activities, the deck should be considered a pro- perty upgrade, surrounding views are not affected by the deck, and the deck is not visible from Enrose and is very slightly visible from Fairhill. Ms. Sirianni said she has no documents supporting the fact that the footings are placed in concrete and stated CA Fence and Supply would clarify the issue. Mr. John Krall, CA Fence and Supply, 17111 South Broadway, Gardena, CA 90248, stated the footings were placed in concrete and requested the hearing be continued due to Mr. Gardener's (contractor who worked on job) absence. The Commission emphasized problems related to companies not being in- formed of City Codes and discussed the need to have the City Attorney contacted regarding appropriate actions which could be taken against contractors who misinform residents. Staff noted Building and Safety would review the project if Commission approval was granted. Interested parties were: Barbara Dohogne Charles Dohogne Anthony Kalas Lois Pranin 29615 Enrose 29615 Enrose 29605 Enrose 29604 Enrose Interested parties supported the request and discussed: the deck not interfering with any surrounding views and is not obtrusive, the deck is a property improvement, use of the pool would be greatly diminished with the removal of the deck, and the Sirianni's have greatly improved the property. Mr. McNulty moved to close the public hearing. The motion was second- ed by Mrs. Wike and passed unanimously. E Minutes September 9, 1986 Page Five Mrs. Ortolano moved to grant the requested Variance subject to approv- al of the Building and Safety Division as to the proper construction of the footings. The motion was seconded by Mr. Hodge and passed unanimously. Mrs. Ortolano suggested a topic for a Commission workshop should be the possibility of taking action against contractors who saddle people with problems and that the Commission could then formulate some ideas for City Council/City Attorney review. Applicant was advised of appeal rights. CONTINUED BUSINESS Specific Plan III - Continued 29505 to 29701 Western NEW BUSINESS Mr. McNulty moved to table the item to the end of the agenda. The motion was seconded by Mr. Hodge and passed unanimously. Height Variation No. 445 Assistant Planner Jack Roberts Appeal - Smith presented the staff report with 2704 San Ramon the recommendation that the ap- peal be denied. The Commission stressed the irregular shape of applicant's lot. The Commission said three two-story homes in the area were approved and constructed prior to the incorporation. The Commission emphasized any decision would be based on the City's Code and ordinances. Ms. Diane Smith, 2704 San Ramon, applicant, discussed: other two story homes in the area do exist and she should have equal rights, trees will eventually impair the view from 2749 San Ramon, City Plan- ners have treated her deplorably, the addition would be an upgrade to the neighborhood, staff's alternative suggestion of expanding the gar- age is offensive, a second story addition over the garage would be un- sightly, the City's Code is not legal, and areas which have been con- verted to primary living areas should not be considered in view analy- sis. Interested parties were: Bruce Hull 2852 Calle Aventura Jerry Poppenheimer 2749 San Ramon Art Zinkin 30543 Santa Luna (El Prado Homeowners' Association Minutes September 9, 1986 Page Six Interested parties discussed: concern over cumulative effect, concern over tree view blockage, concern over view impairment and the result- ing devaluation of homes, and the El Prado Homeowners' Association op- poses all two-story dwellings in the area. The Commission discussed: the City has no tree ordinance, difficul- ties related to balancing property owner rights to improve property and the height impairment as a result thereof, precedent setting, the lot has certain alternatives which may not be as cost effective or as pleasing to the applicant, the proposed plans do not show a great deal of imagination, and the proposed addition is probably in the most log- ical location irrespective of view impairment. Staff discussed: cumulative effect as a hypothetical issue and that seven properties, whose owners voiced concern over the request, were analyzed for view impairment. The Commission noted applicant should explore other addition alterna- tives. Mrs. Ortolano moved to deny the appeal of Height Variation No. 445. The motion was seconded by Mr. Hodge. The Commission emphasized each application is considered on its own merits but that cumulative effect is a definite concern. The Commis- sion also noted the views in the area are disappearing with the growth of the trees. A Commissioner stated their disagreement with the in- terpretation of the cumulative effect provisions as it relates to the request. The motion was passed by majority with Mr. McNulty and Mr. Von Hagen dissenting. Appeal rights were noted. The Commission stressed the difficulties related to considering appli- cations involving cumulative effect and stated that when significant impairment is discussed in terms of the Code the issue becomes very subjective. A Commissioner stated they could not support the motion since they do not believe the applicant has a reasonable alternative for an addition to the property because of the lot's irregular shape, because of the existing structure's placement on the lot, and because of parking restrictions on the street. A Commissioner suggested that the first house where a case could be made for significant impact is where the threshold of cumulative effect should begin. 6111t1n/MT1L11C 1-0 Minutes September 9, 1986 Page Seven QUESTIONS FROM THE AUDIENCE Mr. Robert Eaton, 26132 Barkstone, discussed City Code Variances and Height Variations. Staff said in most cases view impairment is the major consideration and a Height Variation would be subordinant there- to. Staff stated a Height Variation is a separate process from a Var- iance and is used for any application up to 301. Sunshine, 6 Limetree, discussed the destruction of old trees on the Wallace property prior to development plan approval and questioned City procedure since the developer has not received the EIR. Staff said the EIR could dictate the replacement of the mature vegetation on the property. CONTINUED BUSINESS Specific Plan III - Continued 29505 - 29701 Western Avenue mission review and discuss the staff to make further revisions approval of the Plan to Council. Associate Planner Greg Fuz pre- sented the staff report with the recomendation that the Com - revised Draft Plan and either direct or adopt the resolution recommending The Commission discussed: landscaping in the area, concern over the language encouraging visitor serving uses and that the plan should be to upgrade and enhance what exists, area merchants are becoming con- cerned over the encouragement of visitor serving uses, concern over noise related to hotels/motels, the idea of hotels/motels in the area is very much out of reality as to what is viable there and residents in the area would not be receptive to the idea, the 25% figure that would trigger the undergrounding of utilities would be burdensome to the small businesses, an underground assessment district could be formed, Western should not be considered a gateway to the City, pedes- trian traffic around Peck Park and alcohol sales at 29505 Western should not be encouraged because Peck Park is a dangerous area. Staff said encouragement of visitor serving uses would not prohibit other uses but would limit the ground floor uses and not the upper floor uses. Staff stated for the most part the restrictions placed on the merchants over the long term would enhance the atmosphere in which they conduct business. Staff agreed undergrounding of utilities could be expensive and stated bonding for that purpose could be possible. Staff mentioned the attractive street scape would be encouraged to at- tract more pedestrian traffic to the entire area and that a Condition- Minutes September 9, 1986 Page Eight al Use Permit could be required for uses such as liquor sales in con- junction with convenience stores. Staff reviewed the landscaping which should be compatible with Peck Park and should be a general Med- iterranean theme. Mr. McNulty moved to adopt Resolution P.C. No. 86-20. The motion was seconded by Mrs. Wike. The Commission discussed that the motion included the idea that hotels and motels would be more desirable. The Commission agreed the plan should be revised as follows: Page SP3/15 was modified to read, "b) Use Limitations Visitor serving and entertainment uses, as defined by the Director of Environmental Services and/or the Planning Commis- sion will be considered,... The Commission also discussed that a bond for undergrounding of utilities would be excessive for the small businesses and that an undergrounding assessment district would be more efficient. The motion was passed unanimously as amended. REPORTS Staff Seacliff Hills - Policy Director of Environmental Ser - on Revision vices Bob Benard reviewed Sea - cliff Hills Guidelines memoran- dum dated September 9, 1986. He noted the majority of the existing developments met the RS -1 standards and the exceptions were mainly the downslope properties. The Commission thanked Mr. Benard for a complete review and said the guidelines will give the Commission an opportunity to review future applications more efficiently. The Commission discussed that balco- nies, decks, etc. are not taken into account when considering open space. Mrs. Ortolano stated her agreement to increasing setback re- quirements and open space to reduce the massiveness in the area. and stressed her hesitation to put any restraints on the imagination of architects designing the custom homes in the area. Staff said that these guidelines would not alter the original condi- tions of CUP 23. However, new Code provisions currently under inves- tigation could permanently change some of the CUP 23 standards and the Commission would 'hear only those appli-cat-i7dris which would be­Ift­-VatI;L- ance with the new standards. I 601CP/MIN6.1-9 Minute Septem9er 9, 1986 Page Nine The structure in the area with two sets of outside stairs was noted to have been approved before the ordinance prohibiting the use of outside stairs was put into effect. September 30, 1986 - Possible Meeting Date November 11, 1986 Staff noted September 30th as a possible joint City Council meeting date if the Commission had any items to discuss with Council. None were noted. Staff noted Tuesday, Novem- ber 11, 1986 as Veteran's Day and the Commission agreed to change that meeting date to Wednesday, November 12, 1986. Commission Mrs. Ortolano and Mrs. Wike discussed that the Commission should review the possibility of a neighborhood compatibility ordi- nance. Mr. Von Hagen and Mr. McNulty stated opposition to the idea. Mr. Hodge stated his intent to resign from the Commission because he is moving to another City. ADJOURNMENT 601CP/MIN6.1-9 Upon motion of Mr. McNulty and seconded by Mrs. Wike, the meeting was adjourned at 11:30 P.M. to 6:30 P.M. on Sep- tember 23, 1986.