Loading...
PC MINS 19870609M I N U T E S PLANNING COMMISSION June 9, 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 and Assistant Planner Carolynn Wilker. COMMUNICATIONS Chairperson Ortolano indicated that communications would be related during discussion of corresponding items. CONSENT CALENDAR Minutes of May 12, 1987 PUBLIC HEARINGS - CONTINUED Variance No. 157 Carol Lynn Southworth and Olin H. Williford 1861 Homeworth Drive Commissioner Wike moved approval of the May 12, 1987 minutes as written; seconded by Commissioner McNulty and passed unanimously. Director of Environmental Services Benard noted that a continuance of the item to June 23, 1987 would be appropriate in order to properly notice the new variance (which will be considered in conjunction with Variance No. 157. The _public -hearing-,, was --_opened r --there wee'fio- requests to 9pea_k to _t bet - item..- Commissioner Wike moved to continue the public hearing until June 23,__1987; seconded by Commissioner Connolly and passed unanimously. • Minutes June 9, 1987 "Page 2 CUP No. 23, Revision "0" Assistant Planner Laurie Brigham presented Variance No. 155 and the staff report. Grading No. 991 Coffin and Allewaert, 32415 Aqua Vista Staff related that the Building Code requires a railing above a retaining wall where the retaining wall exceeds 30 inches, and that a Minor Exception Permit could address the issue of the setback for the proposed retaining wall adjacent to the driveway, should it be necessary. Chairperson Ortolano requested information regarding the City's policy relevant to the creation of lots with extreme slopes. She discussed the extreme slope of the lot and noted that the lot was created after the City was incorporated. Director of Environmental Services Benard indicated that the subject lot is unique and that it is not a current City practice to create lots with such extreme slopes. Staff discupsed the extreme slopes in the area and noted that the applicant's lot is unique because the extreme slope was created when -adjacent homes were --constructed on both sides of the lot. Commissioner Wike stressed the importance of preventing dumping on lots. She said Building and Safety should be monitoring the development of lots in order to control illegal dumping and the developer who created the situation should be made to correct it. Staff related the City's dumping requirements and stressed the difficulty of preventing illegal dumping. -There w6re'ii-o requests- to speakto item:, Commissioner McNulty moved approval of the staff recommendation; seconded by Commissioner Von Hagen. Commissioner Wike voiced concern over the height of the proposed tower. She emphasized that the Code requirements should be upheld. She suggested that the approval should be conditioned to specifically state that there shall be no further reduction in the open space (as included in the Seacliff Hills Guidelines). Chairperson Ortolano noted that the lot is an uphill slope so ne'residential view would be impacted by the prd-posed construction. Staff pointed that the applicable resolution includes that any further reduction in open space would require a Conditional Use Permit Revision which -would come - before the Commission. • Minutes June 9, 1987 Page 3 if The motion was passed by a majority vote with Commissioner Wike dissenting. Appeal rights were noted. PUBLIC HEARINGS - NEW CUP No. 118, Variance No. 161, Associate Planner Steve Rubin presented Grading No. 1005, E A No. 514 the staff report and noted a modification and CUP No. 97 -Extension to Page 4 to read, "4. Same as No. 3 Dennis V. Wehmueller and above...". St. Paul's Lutheran Church 31290 Palos Verdes Drive West With regard to simultaneous use, staff related that the Sunday school would not generate any additional parking problems and could, therefore, be conducted concurrently with the Church services. Staff suggested that an approval of the request should be conditioned to include that concurrent activities shall not occur. Commissioner Von Hagen discussed possible problems related to emergency vehicle access for the Villa Capri condominium project. Staff indicated that the proposed parking would notinterferewith the access of emergency vehicles for the Villa Capri condominiums which will i-pclude-a- crash gate for emergency vehicle access. Staff clarified that 79 parking spaces (assuming no simultaneous use) would be required for a seating capacity of 237, as determined by the applicant. However, staff suggested that theFireDepartment should research and post the legal seating capacity. Chairperson Ortolano discussed the previous approval for an addition to the Church in 1981. Staff noted that the Conditions pertaining to the previously approved design were referenced during the formulation of the recommended Conditions. In addition, staff discussed various features of the previously approved design which was physically attached to the existing building. Commissioner Wike voiced concern that staff did not discuss alternate designs with the applicant in an effort to avoid the Variance for the 15 foot sideyard setback. Minutes June 9, 1987 Page 4 Similarly, Chairperson Ortolano voiced concern that no alternate designs were discussed with the applicant. She noted Mayor Hughes' opinion that it is appropriate for staff to discuss alternate designs with applicants in order to avoid Variances. Chairperson Ortolano discussed the possibility of view impairment resulting from any equipment which might be placed on the roof. Staff said the proposed structure has a peaked roof which would not accommodate rooftop equipment. Chairperson Ortolano opened the public hearing. Those supporting the request were: Mr. Bruno Boval 6972 Verde Ridge Church Council Building Coordinator Mr. Joseph Picarelli 30311 Via Borica Church Council President Mr. Wayne Pfannfuch 26735 Shadow Wood Church Council Member and Sunday School Teacher Mr. Dennis Wehmueller 11718 W. Pico Applicant and Architect Los Angeles, 90064 Those supporting the request discussed: the Church has no intention of merging with or taking over any other congregations; rapidly escalating interest rates prevented building the structure which was approved in 1981; a separate building is desired for security reasons; staff's suggestion of a reciprocal parking agreement with the Golden Cove Shopping Center; concern over paving the adjacent parking area which is a permanent easement; concern over funding a Class II Bikepath along PV Drive West; willingness to provide the City with a copy of the Church's monthly calendar; concern over the specificity of Condition No. 7 to Exhibit "A"; the intended use of the proposed facility; the Church pastor does not live on the site; the growth patterns of the congregation which is currently composed of 250 members; difficulties related to expansion in an upward direction; a design formulated to accommodate the topography of the site; parking; and a total of approximately 170 people attend the Church's two Sunday services. Chairperson Ortolano clarified that, if necessary, a reciprocal parking easement with the Golden Cove Shopping Center could be a contractual agreement. She pointed out that developers of institutions (including residential develop- ments) are required to make some developmental improvements to the City. She explained that a copy of the Church calendar is proposed to monitor the simul- taneous use of the sanctuary and not to monitor the type of activities scheduled. 0 Minutes June 9, 1987 Page 5 Staff noted that Condition No. 7 to Exhibit "A", which addresses the simultaneous use of the sanctuary, was not meant to be totally exclusive. Commissioner McNulty discussed staff's recommendation that the City should consider the site developed to its maximum potential, should an approval be granted. Staff clarified that any additional expansion in an upward direction was not considered due to the possible impairment of views from the Villa Capri condominiums. Mr. Stanley Mosler, 2013 Via Cerritos, Palos Verdes Estates, representing the developers of the Villa Capri condominium project whoopposethe request, discussed: that the plans should be in better conformance with the Code; concern over parking problems; concern over the proposed 15 foot sideyard setback; the importance of paving and striping the gravel parking area; and the possibility of the Church funding the storm drain. Commissioner Von Hagen stated his understanding that the storm drain is to benefit all the properties in the area Chairperson Ortolano related her understanding that the storm drain is to service the water being carried off of the Villa Capri condominium site. Staff clarified that the- storm drain is to accommodate the runoff from the Villa Capri condominiums eChd the - Sunset Ridge deVelopment, on Hawtho-rne across from Villa Capri. Commissioner Von Hagen discussed the zoning of the property. He questioned whether the Code includes a provision requiring that an Institutional or Commercial parking lot be paved. Staff said the proposed site is zoned Institutional, the parking easement area is zoned Commercial, and any paved parking requirement in the Code would not address specific zones. Director of Environmental Services Benard pointed out that a paved parking area 0 would provide a clear delineation of parking spaces and would offer maximum parking. Chairperson Ortolano summarized the issues that the Commission should discusQ in terms of resolving the application. She requested Commission input regarding: the building design; the relationship of seating to parking; the idea of paving the gravel parking area; simultaneous use; a Church calendar of events; parking in relationship to the Villa Capri condordiniums;--afid the storm drain. Minutes June 9, 1987 Page 6 Commissioner Von Hagen stated his opinion that the Church parking should be adequate so that it will not impact the Villa Capri iiondominiums. He noted that the proposed 15 foot sideyard setback will allow for additional parking spaces. He indicated his preference that the gravel parking area be paved and requested information regarding what effect that would have on water runoff. Commissioner Connolly related his opinion that the gravel parking area should be paved to achieve maximum parking. He said the seating capacity should be addressed by staff, the Fire Department, and the applicant. He voiced concern over the proposed 15 foot sideyard setback. He requested staff provide additional information regarding the storm drain. He suggested that it would be appropriate to determine whether the proposed facility would affect the storm drain require- ments as imposed on the developers of the Villa Capri condominiums. Commissioner McNulty referred to the applicant's stated need for permanent classrooms and noted that the proposed walls are removable partitions. He voiced concern over any multiciplicity of use from a parking standpoint and stated that paving the gravel parking area would provide maximum parking. He pointed out that it will be possible to drive onto the Villa Capri condominium property and walk onto the Church property and mentioned the possibility of requiring restricted parking in the Villa Capri condominium development. Staff clarified that the streets in the condo-i-inium development will be private and signed for no parking but will provide parking- stalls on each . cul-de-sac for guests. Commissioner Wike supported staff's recommendation regarding simultaneous use. She pointed out that an attached extension of the building could be secured with locking doors. Chairperson Ortolano requested information regarding the property adjacent to the proposed 15 foot sideyard setback. Staff discussed the agreement related to the purchase of the property from the Federal Government and the Parks Master Plan for Upper Pt. Vicente. Staff t noted that the developer of the Villa Capri co­ndominiuffishais indicated his desire to place some improvements on that property. Chairperson Ortolano questioned the applicant's de ' sire for a separate structure for safety purposes. She requested that occupancy be clarified along with the related parking requirements and that staff obtain additional information regarding the permanent parking easement. Minutes June 9, 1987 Page 7 Commissioner Wike moved to continue the item until June 30, 1987 to allow staff time to explore the issues of an events calendar; parking/seating capacity; PV Drive West improvements; the storm drain; alternate designs which would not require a 15 foot setback Variance; simultaneous use and the permanent parking easement. The motion was seconded by Commissioner Connolly and passed unanimously. Commissioner Wike noted the CUP No. 97 expiration date of June 11, 1987. Chairperson Ortolano indicated that it would be appropriate to grant the extension of CUP No. 97 for one year. Commissioner Wike moved approval of the Extension of CUP No. 97 for one year; seconded by Commissioner Connolly and passed unanimously. Appeal rights to CUP No. 97 were noted to run 15 days fromthe-finalapproval on June 23, 1987. Variance No. 160, E/A No. 513 Chairperson Ortolano related a June 9 Essex Property Corporation letter from the applicant requesting 28125 Peacock Ridge Road a continuance of the item to July 14, 1987. The public hearing was opened, there were no requests- to speak to the item. Commissioner Von Hagen moved to continue the public hearing to July 14, 1987; seconded by Commissioner McNulty and passed unanimously. Variance No. 162 Assistant Planner Carolynn Wilker presented Barbara A. Wood the staff report. 6902 Purpleridge Chairperson Ortolano opened the public hearing. Mr. Earl Lawrence, 28741 Blythewood, discussed his opposition to the request; voiced concern over the cumulative effect of an approval of the request; and stated that he did not notice the garage until he received the public bearing notice. Chairperson Ortolano closed the public hearing. Chairperson Ortolano discussed the possibility that the converted garage could be a -separate living unit. Director of Environmental Services Benard noted that the garage was converted into additional interior space and is now a recreation/play room. E Minutes June 9, 1987 Page 8 40 Commissioner Von Hagen moved to adopt the staff recommendation to deny the request and to require the property owner to reconvert the garage into a two -car enclosed parking area. The motion was seconded by Commissioner Wike and passed unanimously. Appeal rights were noted. Variance No. 164, Grading No. 964 Chairperson Ortolano related a communi- Brad Frisselle and Margaret Schuler cation from Ms. Rosetta Wilson, 3458 3466 Via Campesina Via Campesina, objecting to the request and requesting a continuance of the item due to the City's defective noticing procedures. Staff recommended that the public hearing be opened in order to receive public testimony from those present. Commissioner Von Hagen said the Commission could receive public testimony and vote on the issue, keeping in mind Ms. Wilson's opposition. Chairperson Ortolano requested clarification regarding any legal_problems associated with the City's noticing proi--ddures. She voiced that the public hearing could be opened, public testimony could be taken, and the public hearing could be continued. Commissioner McNulty stated -possible legal problems related -to -noticing. The Commission agreed to receive public testimony. Assistant Planner Carolynn Wilker presented the staff report. Chairperson Ortolano opened the public hearing. Those supporting the request were: Mr. Brad Frisselle 1320 Via Catalina, PVE Applicant and Potential Buyer of the Property Mr. Lamar Robinson 1065 Rayland Architect Torrance, 90502 Those supporting the request discussed: the approval of the site as a buildable lot incorrectly assumed that the slopes were less than 35 percent; 84 percent proposed open space; the excessive proposed grading for the driveway is due to the flag lot; the proposed cut and fill; the proposed structure conforms to the contours of the lot; difficulty in reducing the footprint of the house by 15 percent; the location of the proposed garage; the pool wall would be exposed from the outside; and willingness to discuss the project with interested parties. Minutes June 9, 1987 Page 9 Chairperson Ortolano emphasized that the Parcel Map vas approved based on erroneous information. She said the Commission should not feel obligated to consider the lot buildable. She discussed the 25 foot wide easement for road, utility or bridle purposes and questioned whether that easement is applicable to the City's Trails Network Plan. She discussed the possibility of the Trails Committee reviewing the lot since it is impacted by a trail easement. Director of Environmental Services Benard discussed staff's opinion that the lot is a buildable lot which was approved with erroneous information. He related the City Attorney's opinion that, based on the intent of the City's approval and the fact that sewer and access improvements have been made to the property, the Commission should consider the lot buildable. Staff indicated that the equestrian zone is not included in the Trails Network_ Plan and that the trail easement is dedicated to a private corporation rather than a public agency. Staff noted that the location of the trail easement makes the feasibility of its development minimal. Commissioner Von Hagen stated his opinion that the Trafls Committee review is not necessary since a trail easement is already established. He voiced concern that the outdoor living space (rather than the house) was placed on the flat portion of the lot. Those opposing the request were Mr. William H. Fain, Jr. 3000 Via Campesina Mr. and Mrs. Stephen Wertheimer 3440 Via Campesina Those opposing the request discussed: disagreement with the City Attorney's opinion that the lot should be considered buildable, objection to the large size of the proposed structure; concern over slope stability, fire protection, the location of the proposed garage and the amount of proposed grading; and that a Height Variation would not impact surrounding properties. Chairperson Ortolano noted that the location of the proposed garage would require less cut than other possible locations and that a Height Variation would not impact surrounding properties. Commissioner McNulty moved to continue the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Director of Environmental Services Benard noted that the item will be renoticed 15 days prior to the meeting. Chairperson Ortolano encouraged the applicant to work closely with staff to reduce the excessive amount of grading. • Minutes June 9, 1987 Page 10 Variance No. 166, Grading No. 979 - Appeal, William and Maria Kupferschmidt, 30240 Calle de Suenos The reading of the staff report was waived. Chairperson Ortolano noted that the items included in the Variance request existed prior to the applicant's purchase of the property. Chairperson Ortolano opened the public hearing. Those supporting the request were: Mr. and Mrs. William Kupferschmidt 30240 Call&de Suenos Applicant Mr. Mehrdad Farivar 849 Princeton Street Representing the Santa Monica, 90403 Applicants Those supporting the request discussed:- the applicant's disagreements with the staff recommendation; granting of the request is appropriate -since the deck and gazebo have existed without any problems for approximately .10 years; the applicant's understanding that the necessary permits for the structures were obtained by the previous owner; the owner's willingness to correct the playhouse 'violation;;the retaining wall causes no visual detriment to the Shook's;Ithat the City should determine whether the retaining wall complies with the Building Code before -requiring its removal: Mr. re -. Shook's-�vious indication that his pool problems were related to -a tree which was removed; and the Shook's previous support for the installation of the playhouse.` Commissioner Von Hagen related the difficulties in assuring that the retaining wall was properly constructed. He stated concern over the problems with the Shook's pool. Staff related the City Geologist's opinion that a determination as to whether the retaining wall was properly constructed could require extensive geological and engineering studies. Staff pointed out that the site was analyzed from a remedial standpoint and that the applicant would be required to fund any engineering studies. Chairperson Ortolano discussed the retaining wall construction with regard to the problems with the Shook's pool. Additionally, she questioned whether the removal of the playhouse from the swing set would solve the problem of the setback for the playhouse. J Staff said the playhouse, when dismantled from the swing set, is approximately 6 feet 6 inches and could be located to respect setbacks and could not be viewed from the Shook's. -v 0 Minutes June 9, 1987 Page 11 E The Commission agreed that the playhouse should be dismantled from the swing set and placed an appropriate distance from the wall. Commissioner Connolly voiced support for the staff recommendation of March 10, 1987. Staff pointed out that the March 10 staff recommendation was made with the understanding that the playhouse would be relocated so-that`tfi&-rewould be sufficient room to install an additional 3 1/2 foot wall more than 3 feet in from the existing wall. Staff mentioned that the existing wall, which would then be reduced to less than 3 feet, would be an allowable garden wall. Commissioner Von Hagen suggested that the retention capability of the wall should be examined. Chairperson Ortolano questioned whether the wall should be allowed to remain even if it is determined to be safe and adequately constructed. Commissioner Von Hagen voiced his opinion that the wall should remain if it is determined safe and if other mitigating measures are met. Commissioner McNulty said the construction of the wall should be examined or a second wall should be installed. Commissioner Wike voiced her agreement with Commissioner Von Hagen's opinion that the wall should be allowed if it is determined to be structurally safe., I Director of Environmental Services Benard discussed the City's review procedures pertaining to the determination of the wall's construction wherein the applicant is required to provide geologic information which the City's geologist reviews. Commissioner Von Hagen--moved-that the Colinn:Ls-sio'n' approve the application as submitted with the Conditions that the playhouse be removed from the swing set so it would comply with setback and height requirements and that the retaining wall be determined as safe by Building & Safety. The motion was seconded by Commissioner McNulty and passed unanimously. Appeal rights were noted. The Commission stated willingness to assist staff in determining the findings for the Variance. Minutes June 9, 1987 Page 12 _.00,9,T'IiNUtD BUSINESS None. NEW BUSINESS Height Variation No. 488 The reading of the staff report was waived. - Appeal, Ciro and Carol Coppa, Alexandre Katsiferis Commissioner Wike mentioned that the 2125 Caddington appellant's view could be preserved if fhe proposed addition wasmovedback slightly. Staff noted that a 24 foot addition would have no further view impairment than if the existing 12 foot structure were expanded to 16-fe&-t- as allowed -by Code. Mr. Ciro Coppa, 2125 Caddington, 90732-, appellant, voiced his opposition to the proposed request and related his intent to seek legal counsel should the appeal be denied. Chairperson 0 Ortolan clarified that the Code per -miffs any homeowner to build to — - a height- of 16 feet and exprj`s_s&d her position that a 24 -foot ad(117ti-oh- as proposed would have no_furt��,i view impairment as defined by the Code. Commissioner Von Hagen stated his support of the staff recommendation as did Commissioner Wike and Chairperson Ortolano. Commissioner McNulty moved approval of the staff recommendation to deny the appeal; seconded by Commissioner Von Hagen and passed unanimously. Appeal tights were noted. AUDIENCE QUESTIONS None. Staff Director of Environmental Services noted the SWAPC meeting to be held Friday, June 26. Commissioners Connolly, McNulty, Von Hagen and Chairperson Ortolano indicated that they cannot attend. Director of Environmental Services Benard distributed Investigation Request Forms. He noted that items in question must be viewed from public access. Minutes June 9, 1987 Page 13 Director of Environmental Services Benard related the City Attorney's opinion regarding the voting procedure that once an abstention has been recorded it must remain. However, he also indicated that it would be inappropriate to revise the vote at this time. Director of Environmental Services Benard stated his intent to obtain a detailed opinion from the City Attorney regarding all possible considerations of a 2-2 vote. Commission Chairperson Ortolano requested clarification regarding simultaneous use in an Institutional zone as it relates to determining parking requirements. Staff indicated that simultaneous use is considered with each institutional application and that the simultaneous use at St. John Fisher was a consideration in their previous application because of the large size of the sanctuary and the proposed building. Chairperson Ortolano noted the Commission/staff dinner on June 10, 6:30 PM, at Commissioner McNulty's. Commissioner Wike mentioned that the Rolling Hills Estates Neighborhood Compatibility Ordinance was upheld in the appellate court. Chairperson Ortolano commented that Rolling Hills Estates eliminated its Tree Ordinance. Commissioner Von Hagen noted the U. S. Supreme Court decision in a land use situation where a municipality down zones a piece of property that the land owner is entitled to compensation. ADJOURNMENT The meeting was duly adjourned at 11:45 PM to June 10, 1987, 6:30 PM at 19 Mustang Road.