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PC MINS 19870428a aPry,e �I cm 2., • M I N U T E S PLANNING COMMISSION April 28, 1987 The meeting was called to order at 7:35 PM by Chairperson Ortolano at 29301 Hawthorne Boulevard. PRESENT: CONNOLLY, MC NULTY, ORTOLANO, VON HAGEN, WIKE ABSENT: NONE Also present were Director of Environmental Services Robert Benard, Associate Planner Steve Rubin, Assistant Planner Laurie Brigham, Assistant Planner Carolynn Wilker-Roesch, and Administra- tive Analyst Cari Cooper. COMMUNICATIONS Chairperson Ortolano related a communication from Mitchell, Silberberg and Knupp, representing Ms. Harriet Sedlachek, requesting a continuance of Height Variation No. 485 -Appeal. Commissioner McNulty moved to continue Height Variation No. 485 -Appeal to June 23, 1987; seconded by Commissioner Von Hagen and passed unanimously. Chairperson Ortolano indicated that communications pertaining to agenda items would be related during discussion of the items. PUBLIC HEARINGS CUP No. 112, GR No. 955 Associate Planner Steve Rubin GTE - 3945 Dauntless presented the staff report. In response to Commissioner Wike's request for clarification, staff discussed that the original proposed setback from the northwesterly side property line was 16 feet for the building and 7 feet for the generator compared to the now proposed 10 foot setback for the building and 40/50 feet for -the generator.,-___ - Commissioner Wike questioned whether the project would meet the minimum open space requirement for the RS -3 -zone. Staff responded that the proposed lot coverage of 44.3% is less than the 45% maximum allowed in the RS -3 zone. Commissioner McNulty noted that the building is approximately twice as large as the structure which was originally proposed. He questioned whether the additional square footage is necessary for the housing of equipment. Minutes April 28, 1987 Page 2 Staff indicated that the generator is now proposed inside the building. Commissioner McNulty said that the increase in the building size seems exceptionally large to house only the generator. Staff commented that the proposed increase in the building's size would make it more aesthetically pleasing and more in keeping with the neighborhood. Commissioner McNulty questioned whether the land is owned by the City or GTE. Staff remarked that the City sold the property to GTE. Chairperson Ortolano related her opinion that the driveway should be concrete to conform to the other driveways in the neighborhood. She stated her concern that GTE might not have as much incentive as a homeowner to use good quality, aesthetically pleasing materials and questioned whether the City has any control over the type of materials used. Staff discussed that the City has the ability to impose material controls; Condition No. 2 of Exhibit "A" requires that the structure be in substantial compliance with the plans, and Condition No. 9 to Exhibit "A" requires that the building and the enclosing wall be an earthtone color stucco. Chairperson Ortolano opened the public hearing. Mr. Ken Heikes, 32210 Helm Place, property owner adjacent to the applicant's, addressed the following concerns: lighting, traffic, the large size of the proposed driveway, noise, devaluation of the properties in the neighborhood, the applicant's compliance with the plans, and setbacks. He stressed that the proposed utility structure should be considered a commercial building and should, therefore, comply with the Commercial zome requirements. Staff discussed that any proposed lighting must comply with the lighting requirements for a single-family residence and must be shown on a landscape plan, as required in Condition No. 10 of Exhibit "A". Staff pointed out that there are no free-standing wall setback requirements and that the building was not considered a commercial building since there was no daily activity or traffic as found in a commercial or retail business and the use is a utility use and not a commercial use. Staff related that Public Works may not issue a permit for a driveway entrance width of approximately 35 feet (compared to the average residential driveway entrance width of 20 feet); and the Commission could limit the driveway entrance width to 20 feet and still permit the turning radius on the other portion of the driveway. Staff discussed that Condition No. 7 Minutes April 28, 1987 Page 3 of Exhibit "A" requires that a 45 dB level be verified by field tests on the 'north-w-e-s"'E-side of the property and the architect indicated less than45dB will be achieved by placing the generator inside the structure. Commissioner Wike discussed that- the building could be moved further away from the nbrthw4s-t:.- property line and the hours of operation could be changed to coincide with regular business hours. Staff responded that the building could be moved no more than 51 feet from the northwest property line because of an 11 foot wide storm drain easement running through the property; but, a larger driveway would be a/negative result of moving the structure. Mr. 'Larrie -Eccleston, �'One GTE Place, Thousand Oaks, 91362, representing GTE, related GTE's willingness to remove any lighting which might encroach on surrounding properties, GTE's willingness to install a concrete driveway, GTE's willingness to adjust the hours of operation, and discussed that high sodium lighting is proposed. In response to Commissioner Connolly's concern over vandalism, he discussed that the building entryway would be equipped with a remote security system which would be monitored at another location. In response to Commissioner Wike's request for clarification, he said the air conditioners run intermittently 24 hours each day and the resulting noise would be no more than a small window air conditioning unit. Ms. Karen Miloe;-'3952 Dauhtlbs's;s`tresse`e-,- t-hdt, ---fhe--;City ,--should hav --shouldhave not sold a residential piece' of land -'-"fore- d- utility use. o naw rnws(� Commissioner McNulty moved to close he public hearing; seconded by Commissioner Wike and pas Von ---4EJeR 1 - -4 4-1- h a e-lapd- Staff clarified7that =ani activity is considered a utility use if it is a function of a public utility; and, according to the Municipal Code, a public utility use is allowed in any zoning district in the City, subject to the approval of a Conditional Use Permit. Minutes April 28, 1987 Page 4 Commissioner Von Hagen voiced his opinion that it would have been prudent to locate a utility use at the Ladera Linda site. Commissioner McNulty voiced concern that the City would allow a utility use in a residential neighborhood and that there is no government requirement which says a piece of vacant residential land must be put up for public bid. Mr. Benard mentioned that it was Council's decision to sell the property to GTE. He reviewed the processes which led' --- to the renoticing of the item. Administrative Analyst Cooper discussed that GTE requested the City sell the property. She reviewed the procedures which led to the sale of the property and clarified that the City is under no obligation to put,a piece o, property -=up for public bid. However, she pointed out that the City is obligated to buy the property back should the Conditional Use Permit be denied. She stated her understanding that problems related to the storm drain on the property wouldr, make residential ,,,Tse -very difficult. Commissioner Connolly discussed his opinion that GTE has made a great attempt to blend the proposed structure with the residential neighborhood. He stated his satisfaction that the issues of concern were adequately addressed. Commissioner Von Hagen discussed that concrete driveways break up, show stains, and are costly to repair. He voiced his opinion that 45 dB is a reasonable noise level and that staff has adequately addressed lighting in Condition No. 10 of Exhibit "A". He mentioned that he could support the proposed driveway entrance width of 35 feet since staff stated it was for safety purposes. Staff indicated that there is no safety factor related to the width of the driveway-? entrance. Commissioner Wike stated that the hours of operation should be modified to coincide with regular business hours, that the Commission (and not staff) should approve any lighting plans the applicant might have, and the structure should be moved 5 feet from the northwest property line. Commissioner McNulty related his understanding that a utility use is permitted in a Residential zone. He commented that the applicant has made an attempt to be a good neighbor; the enlargement of the structure gives it the appearance of a home in a residential neighborhood, a landscape person will maintain the property, and the noise level will be less than 45 dB since _t fe- the - generafor will --be laced inside "thestrtf6-iiqr-e._-- H�� d the hours bf-operatTdn---­coIncide w-a:th �keguIr b_u_siness hours.- Minutes April 28, 1987 Page 5 For the record, Chairperso Ortolano related her business affilia- tion with Pacific Bell She noted that utility companies have the power of eminent domain. She voiced her support of the staff recommendation and stated her opinion that a concrete driveway would be appropriate. Commissioner McNulty moved that the Commission approve CUP WO—.11-2—and GR No. 955, subject to_ Exhibit "A"_ Condition Nos. 1-10,_ with the following changes: Condition No. 8 - Maintenance and inspection shall be limited to the hours_ of 8:00 AM to 5.:00 PM Mon. -Sat. and -Condition No. 11 be added to include that the driveway entrance Shall be limited to the maximum allowed by the City Code as to a 20 foot curb cut so that it does not make any aditional appearance in the neighborhood of being more than a residence; seconded by Commissioner Von Hagen and passed unanimously. Appeal rights were noted. Conditional Use Permit No. 92 Assistant Planner Laurie Brigham Revision "B", GR No. 991 presented the staff report. Thomas R. Hause, Salvation Army, 30840 Hawthorne Blvd. Chairperson Ortolano related a communication from Assistant Director of Public Works Kevin Smith dealing with the Public Works requirements related to the request. In addition- she _noted___ the letter from the Department of Social Services "Ydisc_us:s.ngl the proposed day care center. Staff commented that the letter from the Department of Social Services was requested to answer any licensing concerns that might arise; but, as the letter indicates, the applicant is exempt from licensing. Commissioner Connolly discussed problems related to poor visibility when leaving the location. Staff commented that any visibility problems could be discussed with Public Works but staff is not aware of any necessary changes. Commissioner McNulty discussed -that a 7,4900 square foot additiori- would indicate that more people will frequent the site yet the application says no more people are being added so there will be no problem with traffic impact. Staff said any additional traffic generated will be insignificant but more parking spaces will be required because the day care center will possibly house more children. Minutes April 28, 1987 Page 6 Commissioner McNulty questioned whether any existing zoning requirements limit the number of people who can act_,u_py:a piece of property at a given time. Mr. Benard responded that the capacity of the facility would be established by the Fire Department and Condition No. 3 Exhibit "A" requires that any changes in the amount of day care attendees and occupants of the cadet housing shall be documented and may require Commission approval, subject to the determination of the Director of Environmental Services. Chairperson Ortolano voiced concern that the applicant could make internal changes without notifying the City. Commissioner Von Hagen discussed that concerns over occupancy could be addressed by adding a condition. which would limit the number of occupants on the property. Chairperson-ort6Llano-s.aid-the problem may not be 6f --great enough _f magnitude to X-n-Clude --an --occupancy - condition-. in - -the approval. .4 ! Commissioner Von Hagen requested clarification regarding -the possibility of the applicant utilizing some of the racquet: ­�` club's parking spaces. Associate Planner Rubin remarked that the racquet club leases the property from the applicant. Chairperson Ortolano voiced concern over any additional lighting on the site. Staff indicated that no additional lighting installation has been proposed and the existing lighting wbutd- be adequate. Staff discussed that Condition No. 2 to Exhibit "A" sufficiently addresses lighting concerns. Chairperson Ortolano opened the public hearing. Sunshine, 6 Limetree, representing the Peninsula Horsemens' Association and a member of the Trails' Committee, distributed a map showing the proposed loop trail. She requested that construction which would eliminate a trail on the applicant's property not be allowed. She voiced concern that the applicant may not be willing to remove any improvements they may be required to make to Hawthorne in order to install a trail. Chairperson Ortolano suggested Sunshine relate her concerns to Public Works or Council. Associate Planner Rubin suggested Sunshine speak to -Director ------------- of Public Works George Wentz regarding -the flexibility of timing in the Hawthorne improvements. Minutes April 28, 1987 Page 7 Mr. Robert E. King, 30764 Via La Cresta, discussed: concern over the possibility of an increase in the playground noise, especially after dark, air conditioning units have been added to the rooftops of the buildings, lighting, and grading. In response to Commissioner Wike's request for clarification, he said the playground is, 1#it lit. 17 Staff discussed that any equipment added to the building rooftops would require a building permit. Staff pointed out that a -'___&_onditi`on could be added to include that any new air conditioning units must have sound buffering devices. Staff indicated that noise and buffering requirements were addressed in the original Conditional Use Permit. Mr. Benard commented that air conditioning units are accessory mechanical equipment which is a Building Department concern. Chairperson Ortolano remarked that Condition No. 2;§f7Exhibit "A" sufficiently addresses lighting. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Commissioner Von Hagen discussed that the Conditional Use Permit could be conditioned to suggest that air conditioning improvements to existing facilities or proposed facilities must be .approved__ ­ -by--,the "_-Rrgptprof Environmdn�a _-He that- the �prohibition: of any pl'ay­4gTodn7d_ liqhtinq would"—dis--c a a y 7 any__ lateeveninga-ab— ry i-- t -d:e s Associate Planner Rubin said it would be appropriate to condition any future improvements when they come before the Commission. Mr. Benard discussed that any amendment of a minor nature could be approved by the Director of Environmental Services and the applicant's address file could be flagged that the Building Department would know the Director of Environmental Services' approval is required for minor improvements. Chairperson Ortolano requested staff look into the possibility of imposing requirements on the air conditioning units which were previously installed. She said she is not persuaded to interfere with children using the playground since they live on the site. Commissioner Wike said the site should not be compared with a residential situation because the noise level with approximately 50 children is considerably louder than a residential neighborhood. She stated her opinion that the playground lighting hours should be restricted because the playground is for the day care center and not for the children living there. 0 9 Minutes April 28, 1987 Page 8 Chairperson Ortolano said she would rather the children play on the site than elsewhere. Commissioner McNulty stated that the playground should be considered a yard for the children living on the site. Staff pointed out that the design of the proposed building would serve as a buffer for the playground noise and that no playground lighting is proposed. Commissioner Wike suggested that Condition No. 2� �f�-Exhibit "A" include that a lighting plan for any additionaf-lighting should be submitted to the Director of Environmental Services. Commissioner McNulty moved approval of the staff recommendation with an`additionto Condition No. 2 of Exhibit "A" that any additiona:� �Ihting be approved by the Director of Environmental Services- and with an additional -condition that air conditioning improvements to existing facilities must be approved by the Director of Environmental Services, with staff returning the appropriate language to the Commission for approval; seconded by Commissioner Von Hagen and passed unanimously. Associate Planner Rubin noted that this is a conceptual approval, and that the item will be returned on the Consent Calendar at the next meeting. Appeal rights were noted to be effective from the date that a resolution is adopted. NEW BUSINESS HV No. 485 - Appeal Continued to June 23, 1987, as (Lots 3-7). Sedlachek indicated under "Communications". Crest at San Pedro Hill Encroachment Permit No. 5 Assistant Planner Carolynn Wilker- K. Peter and Farzeneh Parsa Roesch presented the staff report. 6217 Via Subida Chairperson Ortolano noted Ms. Dunlavey's communication indicating her objection to the request. Chairperson Ortolano requested clarification as to whether any remedial grading has been done.in the public right-of-way. Staff said that some grading which was done in the public right- of-way may have altered the drainage and Public Works will investigate the matter. • 0 Minutes April 28, 1987 Page 9 Commissioner Wike questioned whether the Commission will review similar encroachments in the area. Staff indicated that the Commission will review similar encroachments in the area. Chairperson Ortolano questioned the reasoning behind the previous vacation of the 50 foot wide portion of the PV Drive East right of way. Staff said the property was established as a public right of way when it was originally subdivided and then returned to the property owners when it was determined that the steepness of the land would prohibit any improvements to PV Drive East. Commissioner McNulty emphasized that the City has no plans to utilize the property on which the applicant is encroaching or to improve the right-of-way. Staff noted that the maintenance of the right- of- way is the responsibility of the adjacent property owner who must obtain a Parkway Permit to landscape the area. Mr. K. Peter Parsa, 6217 Via Subida, applicant, discussed: the City maps do not show a parkland area between his property and Via .Subida, he has done no major grading or removed any soil, his impression that he could extend his property line by clearly marking it, the fence was installed to keep vehicles and weeds off his property, the gate which was installed for landscape purposes will be removed when the landscaping is completed, his intentions to beautify the fence with Oleanders, the triangular area will be landscaped with fire and drought resistant vegetation, and the other encroachments in the area were installed prior to his. Commissioner Von Hagen mentioned that the applicant could accomplish his objectives without encroaching on the public right of way. Chairperson Ortolano discussed that the City must be named as additional insured on the applicant's insurance policy, should an approval be granted. She commented that, contrary to Mr. Parsa's understanding, a property line cannot be extended by simply marking it. Minutes April 28, 1987 Page 10 Commissioner Wike stressed that the applicant does not have legal claim to the land and is, therefore, encroaching on the public right-of-way. Ms. Elizabeth Stone, 6 Via Subida, voiced her support of the request. She discussed: the City should make some adjustments to allow the fence, approximately 5 properties are encroaching the public right -of- way, Mr. Parsa has dramatically improved the property, and the Bird of Paradise Mr. Parsa planted does not impair the view. Ms. Dorian Dunlavey, 6212 Via Subida, voiced her objection to the request. She discussed: no vehicles drive across the property, dumping began after the access road was installed, concern over view impairment, and approximately 4 properties are encroaching the public right-of-way. Staff mentioned that City criteria for planting within the intersection, visibility triangle requires that plants be no higher than 30 inches; however, Public Works encourages the use of ground cover and examines each request on its own merits. Mr. Dean G. Dunlavey, 6212 Via Subida, voiced concern over view impairment and said the request should be denied since the four findings necessary to grant an encroachment cannot be found. Commissioner Von Hagen stated his support of the staff recommenda- tion; he said staff very accurately analyzed the situation. Commissioner Wike voiced her agreement with the staff recommenda- tion. She pointed out that those parties encroaching the public right of way could request the City's vacation of the 25 foot easement rather than the Commission making a determination. Commissioner McNulty stressed that the approval should be granted. He said the land is of absolutely no value to the City and the type of vegetation planted could be controlled through a landscape plan. Commissioner Connolly said he could support the staff recommenda- tion. He said the property is of value from an open space standpoint. Minutes April 28, 1987 Page 11 Chairperson Ortolano stated her agreement with the staff recommen- dation. She said it is not within the Commission's power to give the applicant 25 feet of public right-ot-way and suggested those parties encroaching_in_the public right-of-way attend a -7 Council meeting to request the City's vacation -of that-pk6p-er y. Commissioner Wike moved to accept staff's recommendation to deny the request and to direct the applicant to relocate the existing fence on to private property and to remove the gate; seconded by Commissioner Von Hagen and passed by majority with Commissioner McNulty dissenting. Appeal rights were noted. QUESTIONS FROM THE AUDIENCE Mr. Clarence Hustler, 6614 Abbotts- (Regarding Non -Agenda Items) wood, discussed his concern over tree view impairment. Commissioner Von Hagen remarked that any view ordinance is subject to interpretation; however, the City does have a very specific view ordinance which defines view corridors, vistas, and panoramas. He noted the City's previous determination that it was improper to enforce a tree ordinance. Mr. Benard related that Rolling Hills Estates is currently drafting a tree ordinance similar to the one the City previously attempted; and, such an ordinance basically covers tree lacing and removal on private property with the City serving as an arbitrator between property owners. He mentioned that a Council subcommittee is looking into the possibility of addressing �.E' reez=iiftd,vegetation as they relate to view obstruction. REPORTS Staff Mr. Benard related the City Attorney's opinion that a Commission/staff dinner should be adjourned to at the end of a regularly scheduled meeting and the Commission should be prepared for public attendance. He voiced intent to determine a date for the dinner. Minutes April 28, 1987 Page 12 Mr. Benard discussed the procedures for the Shapell Height Variations and noted that the requests will be grouped together. He related that an administrative error in the processing of the original tract map included a violation to the height develop- ment standards and indicated staff is performing a view analysis on each lot to determine whether appeals would be in order. For the record, Commissioner McNulty stated that his previous representation of clients sueing Shapell Industries has no reflection on his ability to make a determination on the issue. Commission None. ADJOURNMENT The meeting was duly adjourned at 10:50 PM.