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PC MINS 19870113Appnve& 4ve-2 iftyyteMea) 2/10185-7 M I N U T E S PLANNING COMMISSION January 13, 1987 The meeting was called to order at 7:35 PM by Vice Chair Wike at 29301 Hawthorne Boulevard. PRESENT: CONNOLLY, MC NULTY, VON HAGEN, WIKE ABSENT: NONE LATE: CHAIR ORTOLANO (Arrived at 7:40 PM) Also present were Director of Environmental Services Robert Benard, Associate Planner Greg Fuz, Associate Planner Steve Rubin, Assistant Planner Jack Roberts, and Assistant Planner Carolynn Wilker-Roesch. COMMUNICATIONS Chair Ortolano related the following communications: Ma memo from City Attorney Steve Dorsey regarding quasi-judicial hearings and (2) a letter from the Crestwood school principal regarding his opposition to a proposed mini market at the corner of Crestwood and Western. Mr. Benard noted a City Manager verbal communication that the Commission secretary will maintain minutes which indicate the specific commissioners who are commenting on various projects. CONSENT CALENDAR CUP No. 99 Commissioner Wike discussed Exhibit T. W. Layman Assoc2ates A, No. 3, with regard to a detailed landscape and irrigation. requirement. She questioned whether the Commission has any control over assuring that the requirement is followed through. Staff stated that a Certificate of Occupancy will not be issued until that type of site work is completed. Chair Ortolano disci.issed 'Exhibit A, No. 15, with regard to the hours of operation. She stated no personal memory of whether the Commission discussed the hours of operation or whether all commissioners agreed to 12:00 AM and 2:00 AM as the appropriate closing times. She said that those hours are not consistent with the conditions of other businesses along Western Avenue. Minutes January 13, 1987 Page 2 Commissioner McNulty stated his agreement with Exhibit A, No. 15, as written. he emphasized that it is not possible to spot zone the hours of operation for businesses along Western Avenue. Staff said Exhibit A, No. 15, was taken from tne Conditions of Approval for the Harbor Heights Shopping Center. Commissioner Connolly said he could not envision a restaurant or bar in the proposed location. Chair Ortolano noted that there is a "For Sale" sign on the property at Crestwood and Western. She discussed that a mini market is a likely use at that location. She stated that the Conditions imposed on the Harbor Heights Center dealt with the fact that there is an existing restaurant there and are not necessarily appropriate for the property along Western and, particularly, the applicant's property. Mr. Benard noted that when a mini market use is proposed an amendment to the Conditional Use Permit would be required. Commissioner Von Hagen said that the proximity of the residential units is the underlying factor of his concern over the hours of operation. He noted that the Harbor Heights area is removed from residences. Commissioner Wike moved to amend Exhibit A, No. 15, to limit the hours of business operation from 7:00 AM until 11:00 PM and to eliminate all wording after, "...limited to 7:00 AM through 11:00 PM." The motion was seconded by Commissioner Connolly and passed by majority with Commissioner McNulty dissenting. Minutes of 11/25/86 Chair Ortolano modified Page 3, Paragraph 4, to read, "...with the worst case situation...". '_ ,queo4400e-A wheker Chair Ortolano 4!�sei-+ss -i-Council considered the Wallace property without the benefit of the December 9, 1986 minutes. She questioned why the December 9, 1986 minutes were not submitted for approval. Mr. Benard said that the December 9, 1986 "Draft" minutes were submitted to Council. He noted that City Hall was closed between December 24, 1986 and January 4, 1987, making it difficult to submit the December 9, 1986 minutes for approval. Commissioner McNulty moved approval of the Consent Calendar as amended; seconded by Commissioner Von Hagen and passed unanimously. 411 Minutes January 1 3 , 1987 Page 3 PUBLIC HEARINGS Tentative Tract Associate Planner Steve Rubin Map No. 35799 presented tee staff reuort. So. Bay Engineering Commissioner McNulty requested clarification of staff ' s recommendation . Staff said that the recommendation is to continue the public hearing, direct preparationof the focused Environmental Impact Report, anddirect the applicant to redesign the tentative tract map, per the applicant ' s Alternative No. 2 , to meet the 30% common open space requirement . . Commissioner Von Hagen stated that the Commission and the public should have more facts before a public nearing is held. Commissioner McNulty agreed. Chair. Ortolan° requested clarification regarding the relationship of the gross area to the open space . Staff stated that the information included in the staff report was to demonstrate what percentage the common open space is of the gross area . In each alternative, staff said the common on open space is less than the 3 0o Code requirement . Chair Ortolano stated that staff ' s opinion seems to indicate that the design guidelines for Subregions 1 and 7 require a minimum. of 30% of the buildable areato be common open space . Staff noted that streets are excluded from the common open space and that only the common lots are the cormmonomen space. Staff said that the area of common lots in applicant ' s Alternative No. 1 and Alternative No. 2 is below the 30% common open space Code requirement. Chair or_tolano discussed that "A"A street is a proposed 40 ' wide, private right of way. She said that a private right of way is usually an alley way. She said it should not be necessary to make a distinction that the street is private ratner than public if the street meets the Code . She discussed her opinion. that ( 1 ) private streets in the City seem to deteriorate over time and ( 2 ) as a private street it could be gated. Staff discussed teat the proposed "A" street could easily be designed to meet the City ' s minimum standards . Staff said "A" street would be private in the sense that it would not be dedicated to the City as a public street. Staff related that the City ' s permission would be to tthe community and teat staff necessary gate1 would not recommend that idea . Staff said since the street would be a very short cul do sac, serving only nine lot-s, there would be no benefit to the City for it to be a public street. • Minutes January 13, 1987 Page 4 0 Commissioner Von Hagen moved approval of staff's recommendation since the Commission does not have sufficient information on which to base a sound judgment nor does the public have sufficient information on which to base public testimony. The motion was seconded by Commissioner Connolly. Commissioner McNulty questioned any time constraints attached to the application. Staff stated the application has no time constraints at this time. Staff discussed that any time constraints are on hold until an Environmental Impact Report is ready for public review. Commissioner McNulty questioned whether a public hearing is necessary to determine the Commission's desires regarding an Environmental Impact Report. Mr. Benard said a public hearing is not necessary to make an Environmental Impact Report recommendation. The motion was passed unanimously. Staff noted the applicant has the right to appeal the Environmental Impact Report decision to Council within 15 days. Staff said a Notice of Completion will be mailed once the Environmental Impact Report is completed after which time a notice of the new public hearing date will be mailed to anyone within a 500' radius of the pro3ect. Mr. Lyle Quatrochi, 4002 Exultant Drive, voiced concern over being told that the item would not be on the agenda. Mr. Benard discussed his conversation with a Homeowners' Association representative in which he explained that staff was not prepared to make a recommendation to the Commission without further information. He related that the conversation included discussion to the effect that the item would probably be continued. Mr. Benard stated that any interested parties can purchase a copy of the Environmental Impact Report upon its completion, Chair Ortolano noted interested parties outside of the 500' mailing radius can provide the City with a self-addressed, stamped envelope in order to receive future notices. Minutes January 13, 1987 Page 5 CUP No. 110 Variance No. 151 EA No. 493 Assistant Planner Carolynn Wilker- Roesch presented the staff report. Chair Ortolano opened the public hearing. Commissioner Von Hagen suggested Exhibit A, No. 2, be modified to include that no tenant may be open for business between the hours of 11:00 PM and 7:00 AM. Mr. Fred Arkenberg, 1900 Via Visalia, Palos Verdes Estates, 90274, applicant, voiced agreement with staff's recommendations. He said that Commissioner Von Hagen's suggested modification to the hours of operation would present no problem. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Commissioner McNulty moved to adopt the staff recommendation including an amendment to Exhibit A, No. 2, to include, "...that no tenant may be open for business between the hours of 11:00 PM and 7:00 AM." The motion was seconded by Commissioner Wike and passed unanimously. Appeal rights were noted. Variance No. 149 Assistant Planner Jack Roberts Urso presented the staff report. Chair Ortolano opened the public hearing. Mr. Bill Urso, 640 Bynner Drive, San Pedro, 90732, applicant's contractor, stated opposition to staff's suggested building alternatives. He said a Height Variation would not be agreed to by surrounding residents. Mr. Urso stated all new footings are proposed for the project. Chair Ortolano questioned the height of the existing residence. Staff said the existing residence is under 16' in height. Chair Ortolano voiced that a second story addition might create problems for neighbors upslope from the applicant. Staff said there is potential for an architect to look at a Height Variation. Minutes January 13, 19137 Page 6 Mr. Surjit S. Kanwal, 4401 Palos Verdes Drive East, applicant, discussed that the proposed addition would be over, and extend beyond the existing deck. He said he is willing to make the addition structurally sound. Staff noted a new foundation must be placed around the perimeter as well as a cripple wall. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Commissioner Von Hagen said he could not make the first two findings necessary to grant Variance No. 149. He supported staff's recommendation to deny the request. Commissioner Von Hagen moved to adopt staff's Alternative No. 1 denying Variance No. 149; seconded by Commissioner Connolly and passed unanimously. Appeal rights were noted. Code Amendment No. 23 Associate Planner Greg Fuz presented Mini Markets the staff report. He discussed proposed revisions to Code Amendment No. 23. Commissioner Von Hagen discussed staff's proposed revision to Section 17.25.020(B). He said a Conditional Use Permit should be used torr_ �' a business into compliance. He questioned what reason the City Attorney had for not recommending the utilization of a Conditional Use Permit. Staff stated the City Attorney's initial comment was that the requirement of a Conditional Use Permit would imply the City could force an existing business to close. Commissioner Connolly discussed Section 17.25.030(12)(a). He stated that arcade games should be prohibited. Staff said as a rule of thumb four machines constitute an arcade. Staff reviewed that an arcade is not permitted by Code. Staff_ noted the allowance or prohibition of arcade games is at the Commission's discretion. Commissioner_ 6vike said Section 17.25.050 is redundant since alcohol sales are regulated by the ABC. Minutes January 13, 1987 Page 7 Staff said that the purpose for Section 17.25.050 is twofold: (a)the ABC's policy is that a license contrary to a local agency's ordinance cannot be issued and (2) a distinction is made between liquor stores and convenience stores. Commissioner Wike discussed Section 17.25.060. She said the Commission should discuss whether compliance should be reviewed periodically by the Director of Environmental Services or on a complaint basis. Chair Ortolano discussed Section 17.25.020(A). She said a business should be required to obtain a Conditional Use Permit when it has been closed for a shorter period of time than 180 (lays. Staff said 180 days is consistent with the Code's Non -Conforming Use section. Chair Ortolano voiced concern over the suggested language of Section 17.25.020(C)(1). She said that the consumer demand in a market area is a matter of opinion and suggested that Code Amendment No. 23 include language to the effect that a market study is necesary to test the market demand subject to the City's approval. Staff said that Section 17.25.020(C)(1) would provide justifi- cation for requiring a market study should the Commission deem it necessary. Staff said that Chair Ortolano's suggestion could be implemented and noted that a market study is not always necessary. Staff stated that a market study could be at the discretion of the Director of Environmental Services. Chair Ortolano discussed Section 17.25.020(C)(2). She questioned staff's use of the word "sympathetic". Staff agreed to replace the word "sympathetic" with a more appropriate word. Chair Ortolano discussed Section 17.25.020(C)(3). She questioned with whom the burden of establishing the distance requirements lies. Staff said that a State agency sets the distance requirements. Staff discussed that Section 17.25.020 is general so that the nature of the findings will allow flexibility and discretion. Chair Ortolano questioned the use of the word "bulk" in Section 17.25.030(B)(3). Staff said that the word "bulk" is an all-encompassing term for -w4i+4 4! on the site. imAiWn5 MAI.O., • Minutes January 13, 1987 Page 8 0 Chair Ortolano discussed Revision 17.25.040(A)(1). She said it might be appropriate for the City to determine which classes are approved. Staff said the City Attorney will be consulted regarding the idea of the City determining which classes are appropriate. Chair Ortolano discussed Section 17.26.040. She said it might be more appropriate for the City to set up some type of monitoring period rather than enforcing compliance on a complaint basis. Chair Ortolano opened the public hearing. Interested parties were as follows: Mr. Robert Bryant 2148 Crestwood AYSO Rep & Resident Mr. W. J. Bryant 2005 Crestwood Ms. Melinda Downing 1914 Caddington Ms. Julia Tracey 2125 Ronsard Ms. Robin Lindsay 28825 Gunter PTA President -Crestwood Interested parties voiced opposition to mini markets as follows: mini markets encourage kids to get involved in activities that youth leaders are trying to discourage, no alcoholic beverages (including beer and wine) or fast food should be sold in conjunction with gas sales, concern over three lots in the Eastview area which are prime targets for mini markets, mini markets attract strangers who approach children in a deviant manner, and concern over children crossing Western to get to convenience stores. Interested parties also requested that the Commission meet in Eastview when discussing items pertaining to that area. Interested parties said if Code Amendment No. 23 is approved it should incorporate the following: (1) no gas station conversions; (2) no arcade or video games; (3) -no instant teller machirfes; (4) no building conversions of existing buildings; (5) no mini market uses in any General Commercial centers with mixed retail use; (6) no mini markets to be closer than within one mile of another mini market or one-half mile of existing stores which sell convenience items; (7) no mini markets to be closer than within 500' of schools and 300' of residences; and hours of operation to be 8:15 AM to 11:00 PM. Chair Ortolano noted that many workshops have been held in Eastview. She said the Commission cannot move its regular meeting place to a particular area when an agenda item concerns that area. 11 Minutes January 13, 1987 Page 9 Commissioner Wake discussed that mini markets should be allowed only in Commercial General zones. She said arcade games should be prohibited and fast food should be a prohibited use except in the Commercial General zone. She voiced concern over the hiring of employees who are not mature -enough to handle the mini market clientele and said employees should be 18 years or older. Chair Ortolano said the intent of Code Amendment No. 23 should be very carefully designed. Staff said 'Last food stores and a deli that does not sell gas are not addressed in Code Amendment No. 23. Staff said Code Amendment No. 23 addresses restrictions of uges such as Arco Mini Markets (and the like), 7/11 Stores, and potentially the Mom/Pop grocery stores, whether or not they sell alcoholic beverages. Commissioner McNulty said that arcade games should be prohibited. Chair Ortolano advised staff of the Commission's opinion that arcade games should be eliminated in mini markets since they are not a necessity to the community. She voiced disagreement with Commissioner Wike's suggestion that mini markets be allowed only in Commercial General zones. She said there are areas in the Commercial Neighborhood and Commercial Limited zones which may be appropriate for a mini market and stated that the mini markets should be stringently regulated rather than eliminated in those zones. Commissioner. McNulty said the City has a basic obligation to hear any commercial application for a Commercial Neighborhood zone. Staff said a revised Code Amendment No. 23 which includes the Commission's suggestions will be returned to the Commission at the January 27 meeting. Commissioner Connolly discussed Section 17.25.050(B). He said that convenience stores not offering motor fuel for sale should be allowed to sell only edibles. Chair Ortolano and Commissioner Wyke voiced agreement with Commissioner Connolly's suggestion. Staff said the City Attorney's opinion regarding Commissioner Connolly's suggestion must be obtained. Commissioner McNulty moved to continue the public hearing to the next Commission meeting date of January 27, 1987; seconded by Commissioner Connolly and passed unanimously. C7 Minutes January 13, 1987 Page 10 CONTINUED BUSINESS CUP No. 23 11 Assistant Planner Carolynn Wilker- Roesch presented the staff report. Staff discussed that Council required a Covenant Agreement as a Condition of Approval in May 1985 upon its approval of the appli-cant's appeal. Staff said the Covenant Agreement was adopted before the City adopted the Seacliff Hills Design Guidelines and is in no way an indication that Council does not like the Guidelines. Staff said the Covenant Agreement basically says the applicant must stand by the definition of open space according to the Code. Staff noted that decking is considered open space as the Code is written. Staff stated the Covenant Agreement and the Code would not be breached or aggravated in any sense with the addition of the proposed pool and. decking. Chair Ortolano opened the hearing. Mr. Tim Racisz, 30751 Tarapaca. Road, applicanr.'s architect, stated agreement with staff's recommendation. He said the pr03ect was designed before the Seacliff Hills Guidelines were established. Mr. Racisz stated that a pool and decking were not a part of the scope of the project at the time the house was designed. Mr. James Tam, 32529 Seacliff Drive, applicant, assured the Commission that he is a responsible resident who desires a quiet family life. He voiced general agreement with staff's recommendation. Mr. Tam requested that the landscaping plans be at the discretion of the landowner/architect. Chair Ortolano closed the hearing. Chair Ortolano discussed that requiring landscaping fi4 the +Q 4!i!e 94 w -ay would be appropriate. -Psnrde_ Mr. Benard said the Commission does not have the authority to require landscaping in the public right of way in this instance. Commissioner McNulty discussed that landscaping could be used as a buffer behind the fence. Commissioner McNulty moved approval of staff's recommendation; seconded by Commissioner Von Hagen. Commissioner Wike voiced her opinion that the applicant's original intent was to eventually obtain approval for a pool and decking. She questioned whether Council would have approved the applicant's project had it included a pool and decking. She stressed the request is inconsistent with the original Seacliff Hills Environmental Impact Report relative to the issue of hillside views and with Minutes January 13, 1E987 Page 11 the Code's grading section and stressed that the entire pro]ect is too massive and the proposed pool and decking would require too much grading on a visually sensitive lot. Chair Ortolano noted that whether 65% open space is appropriate was taken out of the Commission's hands with Council's approval of the applicant's appeal. Commissioner McNulty noted that Western Avenue is now considered the gateway to the City and not the side of the Peninsula on which Seacliff Hills exists. Chair Ortolano said the pool and decking will not greatly impact the property. She voiced agreement with Commissioner Wike's sentiment that the project is too massive for the visually sensitive area. Chair Ortolano noted the Commission's previous 2-2 tie vote on the item. She requested Commissioner Connolly's opinion. Commissioner Connolly stated his agreement with staff's recommendation of Alternative No. 3 conditionally approving the application. The motion was passed by majority with Commissioner Wike dissenting. Appeal rights were noted. QUESTIONS FROM THE PUBLIC None. Staff Mr. Renard discussed two California League meetings of interest: March 11-13 - Planning Commissioners Institute and (2) October 4-7 - Annual Conference. He noted the next SWAPC meeting of January 23 in Lomita. Commission Commissioner Connolly questioned whether it would be possible to distribute meeting packages on Thursday instead of Friday in order to contact staff with any questions. Mr. Benard said it is not possible to distribute meeting packages on Thursday but staff can be contacted with any questions. ADJOURNMENT Upon motion of Commissioner McNulty, seconded by Commissioner hike and passed unanimously, the meeting was adjourned at 10:30 PM.