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PC MINS 198702240 M I N U T E S PLANNING COMMISSION February 24, 1987 0 111'1181 Tne meeting was called to order at 7:30 PM by Cnair Ortolano at 29301 Hawthorne Boulevard. PRESENT: ORTOLANO, VON HAGEN, WIKE ABSENT: CONNOLLY, MC NULTY Also present were Director of Environmental Services Robert Benard, Associate Planner Steve Rubin, Assistant Planner Laurie Brigham, and Assistant Planner Carolynn Wilker-Roesch. COMMUNICATIONS Chairperson Ortolano indicated that communications would be related as items are discussed. CONSENT CALENDAR Resolution Approving Commissioner finlike moved approval Heignt Variation No. 465 of the Consent Calendar; seconded 2123 Summerland by Commissioner Von Hagen and passed unanimously. Resolution Denying Height Variation No. 470 3936 Admirable PUBLIC HEARINGS Easement Vacation No. 2 Chairperson orto)ano related th- following Jeffers - 27719 Haw-horne communications to the item., a letter dated February 17, 1987 from Mr. Donald Estrua urginq approval of the request to vacate the easement; a letter from Ms. Carla Wiggins supporting the vacation of the easement; and a packlet of photos frnr-, Mr. Gary Jeffers. Assistant Planner Carolynn Wilker-Roesch presented the staff report. Staff introduced and recommended the idea that t'!iz-- Commission refer the item to the newly formed Trails Committee. Mr. Benard mentioned that tne item is actually a. miscellaneous nearing item and not a noticed public hearing but he said that various interested parties were notified of the hearing. Chairperson Ortolano related that the Commission is not under oblioation to take nublic testimony when an item is not a puolic hearing item. Minutes February 24, 1987 Page 2 Commissioner Wike voiced her opinion that the Comr-ission should hear the public testimony. Cria-irperson Ortolano said if the item is referred to the Trails Comirittee it should hear the public testimony. Mr. Benard stated it would be staff's position when City Council hears the item to refer it as a consent calendar item to tine Trails Committee. He related the Mayor's opinion that the Trails Committee should review such items and said Council could remove the item from the Trails Committee aqenda and hear the item if they wished. Commissioner Van Haqen stated he could support staff's recommenda- tion to refer the item to the Trails Committee. Cnairperson Ortolano questioned wnen the Trails Committea could hear the item. Mr. Benard indicated that the Trails Committee will soon begin meeting, at which time the item will be heard. Commissioner Von Hagen moved the Commission recommend to City Council that Easement Vacation No. 2 be referred to the Trails Committee; seconded by Chair Ortolano and passed by a majority vote with Commissioner Wike dissenting. Chairnerson Ortolano clarified that the Commission's roco.mwenc!tics did not include a recommendation on the merits of the matter but was simply a recommendation to send the item to the Trails Committee. She urged all interested parties to attend tne Trails Committee meeting and advised interested parties that Council could elect to hear the matter and make a decision at its March 4 meeting. She mentioned that anyone interested in the item could provide the City with a stamped, self addressed envelope in order to be noticed of the Trails Committee hearing date. Minutes February 24, 1987 Page 3 CUP No. 33, Rev "I" Assistant Planner Jack Roberts VAR No. 145, GR No. 952 presented the staff report. Ifurung - ##3 Park Place Chairperson Ortolano opened the public hearing. Mr. Larry Ifurung, 2725 Range Road, Los Angeles, 90065, said he reviewed and has no problems with the staff report. He mentioned the proposed roof pitch is 4:12 so as to have the proper slope for drainage. Mr. Raymond Fox, 11 Oceanaire, voiced concern over view obstruction. He said the footprint should remain as originally proposed and stressed that the further away the proposed structure is from his home, the more view obstruction it will create. Commissioner Von Hagen said Council's approval of the tract map included view corridors which were established to protect the views. He stated his opinion that staff's suggested mitigating measure to either lower the roof line with increased grading or redesign the roof would adequately protect Mr. Fox's view. Chairperson Ortolano clarified that the proposed plan would move the footprint further away from the bluff which would create less potential view blockage than the original footprint. She noted the proposed plan includes more square footage than the original plan. Mr. Benard said the proposed plan includes a 54 foot rear setback and would move the structure out of potential view blockage by 12 feet. Staff pointed out that the additional 500 cubic yards of grading which staff recommends would lower the residence, thereby mitigating any related view blockage problems and would keep the'structure at or under the originally approved ridge height. Mr. Benard discussed that the elevation of the proposed structure would be no higher than 1,196 feet above sea level. He said the proposed 34 foot height is higher than the 30 foot Code maximum but would be acceptable because it is under the 1,196 ridge line elevation established under Conditional Use Permit No. 33. Minutes February 24, 1987 Page 4 Staff no' ---ed the originally established ridge line cannot be appealed as it was established by City Council's approval of the tract map. .-nairperso--ri Orl_-clano said t -lie aoiDlicznt could be directed to furtnor grade the lot to reduce the height to the original approval. Commissioner Von Hagen related the applicant's right to build to 1,196 feet above sea level. Staff stressed that another applicant could build at 1,196 feet and affect Mr. Fox's view more than the proposed structure. Chairperson Orzolano noted the p-roplo-sed roof pitch wn-Lil& affect M-?-. Fox's view less than another type of roof pitcn. Commissioner Von Hagen moved to close the public hearing; seconded by Commissioner Wike and passed unanimously. Commissioner Von Hagen moved to adopt staff's recommendation approving Variance No. 145 and Grading No. 952; and, in dealing with Conditional Use Permit No. 33, Revision "I", adopt staff's recommendation allowing additional grading of approximately 500 cubic yards including Conditions A through G so that the ridge line will not exceed 1,196 feet above sea level; seconded by Chair Ortolano. Commissioner Wike voiced concern over the apDroval of additional grading in order to allow ::, 34 fool'--- high residence. She said the -applicant could be direct -O to redesign within the 30 foot Code maximum. Chairperson Ortolano stressed a redesign could obstruct a greater portion of the view with the Commission having no power to prevent it. The motion was passed unanimously. Minutes February 24, 1987 Page 5 Commissioner Wike requested that, when footprint changes are proposed, staff supply the Commission with copies of the original and revised footprints. Chairperson Ortolano pointed out that wordinq to the effect that the ridge line will remain at 1,196 feet above sea level was not included in the resolution. Staff said the 1,196 ridge line is part of the original resolution approving Conditional Use Permit No. 33 and the related conditions apply to all subsequent approvals. Appeal riqhts were noted. CUP No. 117 Assistant Planner Carolynn Wilke.r_- WaP,•farers Chapel Roesch presented the staff report. 5755 PV Dr. South Chairperson Ortolano noted the eery bright Marymount College lighting. Mr. Benard said that the type of 'good used at Marymount is not as restrictive as the proposed hood. Commissioner Wike voiced concern that glare would be highly visible over the tree tops. Staff related that heavy foliage would shelter the light standards and that the proposed 10 foot standards would be low to the ground and not allow glare. Commissioner Wike voiced concern over the affect of the proposed lighting on homes which may eventually be developed on the land to the west of the Chapel's parking area. 4 Staff indicated that a landscape buffer could be required to reduce any potential lighting problems and that any problems could also be addressed when the tract is developed. Commissioner Wike questioned the appropriateness of granting the request witn the recommendation that the conditional use permit be reexamined at the time the property is developed in order to analyze the lignting's affect. Mr. Benard said staff would be uncomfortable with such a condition. He indicated that the developer of the land west of tine Chapel's parking area would inherit what surrounds the property. Chairperson Ortolano noted that the applicant could be required to install a landscape screen. Minutes February 24, 1987 Page 6 Commissioner Von Haqen emphasized that the lighting fixture hood is designed to protect against spill and glare so the proposed lighting should not affect the surrounding property. Chairperson Ortolano clarified that the Chapel's regular hours of operation are approximately 8:00 AM until i1:00 PM and that the anticipated use would be the same with the addition of the Chapel shop. Sne said specific information regarding the hours of operation should be included in the Conditions of Approval. Chair Ortolano opened the public hearing. Mr. William Muller, 24 Narcissa Drive, voiced no objections to the proposed lighting but stressed that noise not related to the Chapel activities is not acceptable during the night and on holidays. He mentioned that the barrier across the driveway is not effective in keeping out kids who gather there after hours. COm,missioner Von Hagen said Mayor Hug -les is most concerned about issues such as the noise problems at the Chapel and sucyges-ted a letter be sent to the captain of tae Sheriff's Department requesting additional enforcement tiiere. Mr. Benard noted the site may ire a less attractive gathering_ place with the additional lighting. Chairperson Ortolano sympathized with those concerned about the noise problem at the Chapel but noted that the lighting application includes nothing which would make that problem worse. Mr. Paul Garcia, 2117 Meyler, San Pedro, 90731, representing Wayfarers Chapel, discussed that the Chapel's regularly scheduled events usually end at approximately 9:00 PM and only *.'few special events last after that time. Commissioner Wike moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Commissioner Wike said a condition limiting t' -ie hours of operation in order to reduce the noise level at the Chapel could be included in the approval of the item. Commissioner Von Hagen stressed that the noise problem i.s not a result of Chapel activities but from kids who gather there after. hours. He voiced his support of staff's opinion that the proposed lighting would riot significantly impact adjacent properties any more to=n that which currently exists and said he could support staff's recommendation to approve the application subject to the Conditions of Approval included in Exnibit "A". Minutes February 24, 1987 Page 7 Chairperson Ortolano agreed that the noise problem is a result of third parties gathering at the Chapel site after hours. She said tnere is no connection between the noise level problem and the application and that the effect of the proposed lighting on the property west of the cnapel should be dealt witn at the present time. Mr. Benard pointed out that Condition No. 2 to Exnibit "A" addresses the idea that the licTifttina should not illuminate properties beyond Wayfarers' Chapel. He stressed that the hood design adequately deals with the spillover onto future developments. Commissioner Wike discussed staff's reference to the idea that the proposed lighting may create a pocket of light and the potential concentration of light may be intrusive when viewed from other areas on the Peninsula after dark. Mr. Benard emphasized that the Conditions of Approval eliminate anv problems related to intrusive concentrations of liql-It. Chairperson Ortolano questioned whether the applicant reviewed the staff report. Staff related that the applicant's main concern was the hours of operation and indicated they will provide the City witn the hours of regular and special event operating procedures. Staff noted a conditional use permit would be necessary to increase the hours of operation. Commissioner Wike suggested the item be continued until the applicant supplies the City with an adequate list showing the Chapel's regular and special event hours of operation. She emphasized that the hours of operation are a critical element related to the ligating issue. I Cor-imissioner Von Hagen emphasized Mr. Muller's concern as the noise level and not the proposed ligIniting. Chairperson Ortolano stressed that the Conditions of Approval should include specific reference to the hours of operation before a- determination is made. She clarified that there would be no intensification of use with tne addition of the Chapel shop and stated she could not support .restricting tne hours of operation for events such as Christmas and Easter. Staff discussed that Condition Nos. 4 and 5 address inten- sification of use. Minutes February 24, 1987 Page 8 Co,--LTnissioner Wike said the hours of operation could be from 8:00 AM until 9:00 PM with the exception of special events such as Christmas and Easter. She stated that restricting the hours of operation would give the Chapel power in enforcing tnat the premises be vacated by a specific time. Staff recommended that the item be continued until March 10, 1981' so the Chapel can supply the City with a document outlining the hours of operation to be included in the Conditions of AiDproval. Commissioner Wike moved to continue the item until March 10, 1987 so the Chapel can supply the City with a document outlining the hours of operation to be included in the Conditions of Approval; seconded by Chair Ortolano and passed by a majority vote with Commissioner Von Hagen dissenting. CONTINUED BUSINESS GR No. 854 - Appeal Associate Planner Steve Rubin And,�rson - 1941 Upland presented thQ staff report. Chairperson Ortolano related correspondence from the appellant to include: the history of his communication with the City, a request to return -,,--he appeal fee, and a request that the appeal be continued indefinitely due to litigation between himself and his neighbor (Torrance Case No. SWC 84518). Chairperson Ortolano discussed that the appeal fee covers the administra- tJN7e costs in reviewing the appeal. She said the appeal was .0 reviewed and that the related administrative costs are far beyond triose paid. She advised the appellant that the item could be withdrawn or a determination could be made by tne Commission. i Staff clarified that the appeal rights ran 15 days from the denial of the application so the appellant would forfeit appeal rignts by withdrawing the appeal. But, staff indicp.ted a new anplication (wi.-lich would require a new application fee) could be submitted. Commissioner Wike voiced concern that an approval of the appeal would allow the appellant to pave the side yard and the appellant's lot coverage is 430. She questioned whetner tnere would be enouql-i room to park the trailer on tn- side yard. Staff related that the appellant could not pave the entire side yard but a portion could be paved and a portion could rye grass and that the 6" setback would allow adequate room for the climbing vines. W • Minutes February 24, 1987 Page 9 Chairperson Ortolano voiced concern over the maintenance of the climbing vines since access onto the neighbor's property would be necessary to do so. Staff said access onto the neighbor's property to -,iaintain the climbing vines would be beneficial to the property ox-,,ner since the vines would mitigate the wall's appearance from 1937 Upland. Mr. Lawrence Ander-son, 1941 Upland, appellant, requested a continuation of the item. He said he would !hesitate to request passage or denial of the appeal since an injunction handed aown June 3, 1986 prohibited any action related to the area of land in dispute. He mentioned that his counsel for the lawsuit was not made aware of his presence at the meeting and that the injunction was not signed because the parties involved cannot agree on the wording. Mr. Benard said any continuation snould be made to a time certain. He pointed out that a new hearing may be necessary because new parties involved cannot fully understand the issue tnrougn reading past staff reports and minutes. He related staff's preference that a determination be made or that tne appellant withdraw the appeal. Chairperson Ortolano suggested the item be continued until such time as the City Attorney reviews an actual copy of the injunction. Mr. Benard stressed that the City is not named in the litigation. he noted the appellant's obligation to supply the City with a copy of the inDunction and said that, upon receipt of it, staff will seek legal advice from the City Attorney. He voiced concern over such a simple item talking over one year and stressed that the appellant has burdened staff well beyond the fees paid. Commissioner Wike moved to continue the item; seconded by Chairperson Ortolano and passed unanimously. F Minutes February 24, 1987 Page 10 NEW BUSINESS Cup No. 23 - Rev "N" Assistant Planner Laurie Brignam GR No. 981 - 3432 Palo presented the staff report. Vista Drive - Milostand & Associates, Inc. Commissioner Wike stressed that accessory structures such as spas and pools should be included as lot coverage and not as open space. She indicated her opinion that grass, flowers and other landscaping could be considered open space but raised planters, terraces, spas, etc. should not. Staff said the spa is modest in size, at grade and not visible from adjacent properties, and would have minimal impact. Chairperson Ortolano related that a pool or spa should not -be included as open space simply because it is at grade. Mr. Benard indicated that the Seacliff Hills' Guidelines address the Code interpretation with flexibility. He noted that the Guidelines are still in the refinement process and the Commission should consider that, with the 194 sq,-Iarle foot spa coverage, tne open space would only be 1.9% over the recommended 70%. Cor-missioner Wike clarified that the proposed Paver-, would be 2 X 2 concrete stepping stones broken up with turf or ground cover. Mr. Lawrence Bettencourt, 659 Eiqnth Street, San Pedro, 90731, landowner, discussed that the proposed Planters and terraces would break up the facade of the structure and tnat the pavers are simply stepping stones wnich would in no way affect the grade of tne lot. He noted that the proposed spa would -function c a s a fountain and indicated that the proposed rear fencing along PV Drive South would be a 5 foot high solid wall with planting behind it. Commissioner Wike clarified that the terraces would not be included as open space. Chairperson Ortolano voiced concern over increased development along PV Drive South and said the Commission should exercise more control over the fencing and walls going up along there. I Mr. Berard discussed that fencing was not addressed in the original conditional use permit so the applicant has the rig'I't to install a wall along his rear property line. Minutes February 24, 1987 Page 11 Chairperson Ortolano discussed her concern over weed patches in visually sensitive public right-of-way areas in the City. She noted that developers are constantly required to address the public right-of-way and that individual property owners should be required to do the same. Mr. Benard pointed out that the public right-of-way along PV Drive South is not developed to its fullest width. He said the Commission cannot require the applicant to address the public right-of-way area but that the wall and the landscaping of the wall should be addressed as a condition of approval. He voiced his intent to look into the inclusion of landscaping requirements in the original conditional use permit. He mentioned that plans are being formulated to rebuild PV Drive South and said he will discuss the public right-of-way matter with Public Works to determine whether the reconstruction will address this section along PV Drive South. Chairperson Ortolano suggested the Commission move forward on the merits of the application. Staff indicated that a landscaping plan could be a condition of approval. Commissioner Von Hagen moved to adopt staff's recommendation and approve Alternative No. 1 approving the application, including a Condition of Approval to the effect that the Director of Environmental Services will approve a landscaping plan. Commissioner Wike emphasized that 70% open space should be required. Commissioner Von Hagen restated his support of staff's recommendation. Mr. Benard noted that the applicant's design is very close to the intent of the Guidelines and stressed that the Guidelines are standards which should be flexible. The motion passed by a majority vote with Commissioner Wike dissenting. Appeal rights were noted. Minutes February 24, 1987 Page 12 GR Nos. 975 and 983 Don Rounds - Mar-kel Construction - Lots 32 and 33 - Tract 32673 (Alta Vista Drive) of the project, discussed architectural integrity of the in maximizing the view an grading would include the and amenities. Assistant Planner Carolynn W.ilker- Roesch presented the staff report. Mr. Don Rounds, 15526 Leahy, Bellflower, 90706, Mar-kel Construc- tion, applicant and designer the landowner's concern over the pr03ect, the landowner's interest d the open space, and the proposed amount necessary for landscaping Commissioner Wrke remarked that the applicant's lots appear to be relatively flat and that the only apparent slope occurs in the rear of the property along Hawthorne. Chairperson Ortolano said she is persuaded that staff's recommendation to reduce the grading is appropriate. Commissioner Wike moved to adopt staff's recommendation of Alternative No. 3 directing the applicant to redesign to reduce the amount of grading; seconded by Chair Ortolano. Commissioner Wlke clarified that there is no established footprint for the area and that the height limitation on the applicant's lots is 16 feet. Commissioner Von Hagen said he could support staff's recommendation. The motion was passed unanimously. Chairperson Ortolano advised the to redesign a project that emphasized the City's desire to as possible. Appeal rights were noted. applicant to work is in keeping with preserve as much 0 closely with staff the Code. She natural grade 1W 0 Minutes February 24, 1987 Page 13 QUESTIONS FROM THE AUDIENCE Mr. Ken Heikes, 32210 Heim Place, (Regarding Non -Agenda Items) discussed that he never received a notice regarding the proposed switcning station wnich would be next door to his nome. He questioned where the building would be placed on the property, voiced concern over tine noise related to the proDect, s; ---id the switching station would devalue his property, and voiced concern that the area will evolve into a parking lot for the utility company trucks. He discussed that tnere seems to be a growing trend for utility companies to occupy City land/facilit-ies and questioned wnether tne site is part of a building moratorium. Mr. Benard related triat the switching station x.,,as designed as a building which would resemble a., residential hous-., that the approval of the application was conditioned to include that the noise levels would ne periodically tested, and clarified '-hat the area is not part of a building moratorium. Mr. Von Hagen clarified that Mr. Heikes was not included on the City's mailing list for the item. Mr. Benard discussed tnat a survey company -hick compiled the list did not include Mr. Heikes and that tne City Attorney's opinion regarding wnether the item must be renoticed will be obtained. Chairperson Ortolano apologized to Mr. Heikes for the error in not including him on the appropriate mailing list. Sne suggested he go to the City offices to review the project witti a staff member. She sympathized with Mr. Heikes reservations bit said the switching station may be the quietest neighbor one could nave. REPORTS 5 Staff Mr. Benard noted the Specific IV Workshop scheduled for March 2, 7:30 PM, at the Red Cross building on Western Avenue. He related that Mary Tnomas is the staff coordinator for the new -Ly apDointed Trails Committee. Commission None. ADJOURNMENT Upon motion of Commissioner Wike and seconded by Commissioner Von Hagen the meeting was ad3ourned at 11:00 P14.