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PC MINS 19880209M I N U T E S ,�/iyj� PLANNING COMMISSION February 9, 1988 The meeting was called to order at 7:35 PM by Chairman Connolly at the Hesse Park Community Building, 29301 Hawthorne Boulevard. PRESENT: CONNOLLY, MC NULTY, ORTOLANO, VON HAGEN, WIKE ABSENT: NONE Also present were Director of Environmental Services Robert Benard, Senior Planner Ann Negendank, Associate Planner Ben Ortega, Assistant Planner Laurie Brigham, Assistant Planner Jack Roberts and Assistant Planner Carolynn Wilker. COMMUNICATIONS Chairman Connolly indicated that communications would be related during discussion of pertinent items. CONSENT CALENDAR Commissioner Wike modified Page 10, Paragraph 2 of the December 8, 1987 minutes to read, "Commissioner Wike indicated that she could not support a reduction in the front setback." Commissioner Von Hagen moved approval of the December 8, 1987 minutes as amended; seconded by Commissioner Wike and passed unanimously. PUBLIC HEARINGS Tentative Parcel Map No. 18947, Associate Planner Ben Ortega related EA No. 527, GR No. 1060, Geology the staff recommendation to open the Report Review No. 25, Geologic public hearing, take public testimony Investigation Permit No. 25 and continue the item until March 8, Pollock & Capellino 1988. South End of Comdport For the record, Commissioner Von Hagen noted his acquaintance with the applicants. Chairman Connolly opened the public hearing. Ms. Lynn Crowley, 6644 Locklenna, discussed her concern over the project's negative impact on area wildlife and the project's negative geological impact on her property. Commissioner McNulty pointed out that the project's effect".on surrounding properties and the environment are concerns the City will address. a Minutes February 9, 1988 Page 2 Director of Environmental Services Benard indicated that pending geological information from the developer will be available for public review. He noted that concerned parties could hire their own geologist to evaluate geologic concerns on their own properties. Commissioner McNulty moved to continue the public hearing until March 8, 1988; seconded by Commissioner Von Hagen and passed unanimously. Variance No. 187 Assistant Planner Carolynn Wilker Formeloze presented the staff report. 28603 Mt. Palomar Chairman Connolly opened the public hearing. Mr. Fernando Formeloza, 28603 Mt. Palomar, applicant, discussed: the overall height of the structure is only 12 feet; drainage and erosion on the slope; his understanding of the County of Los Angeles' permit requirements at the time of construction; and that various permits he obtained did not include the deck. Director of Environmental Services Benard indicated that, because of plan discrepancies in regards to the height of the structure, the .item could be continued in order to review a to -scale drawing. Commissioner ©rtolano pointed out that the major issues of concern do not include the overall height of the structure. She mentioned that she could support the upslope retaining wall which exceeds the Code. She expressed her understanding of the financial hardship and difficulty of removing such a well -made structure. However, she explained that the accessory structure should be removed, especially since it impinges on the neighbors' privacy and abutts the property line. Commissioner Von Hagen related his concurrence with the staff recommendation. Commissioner McNulty discussed that the structure, which was constructed prior to the annexation of the area, is very well built. He elaborated on the applicant's misunderstanding of the County of Los Angeles' building requirements at the time of construction. He emphasized that privacy should not be an issue and noted that none of the area residents attended the meeting to testify thereto. He expressed his support of a continuance in order to enable the applicant to convince staff or the Commission that he should be able to retain what he has constructed on the property. Minutes February 9, 1988 Page 3 Commissioner Wike related her support of the staff recommendation because she could not make the appropriate findings for an approval of the request. She noted that the slope erosion, cracking steps and the possibility that the patio has settled could be related to the construction of the structure. She voiced her approval of the lower and middle retaining walls, if properly landscaped, and commented on her concern over the neighbors' lack of privacy because of the structure. Chairman Connolly discussed his support of the existing steps and the lower and middle retaining walls. He expressed his opinion that the accessory structure should be removed. Commissioner Von Hagen agreed that the item could be continued to enable the applicant to produce the appropriate permits. Commissioner McNulty moved to continue the item in order to enable the applicant to convince staff or the Commission that he should be able to retain what he has done to the property; seconded by Commissioner Von Hagen and defeated by a 2-3 vote with Commissioners Wike and 4rtolano and Chairman Connolly dissenting. Commissioner Wike stressed that, in light of the applicant admittedly not obtaining the proper permits, she could not support a continuance, of the item. Commissioner Ortolano explained that she could not support a continuance of the item and pointed out that the applicant could appeal a denial of the request to City Council. Director of Environmental Services Benard noted that the City's records revealed no related permits. The public hearing was closed. Commissioner Wike moved approval of wall nos. 1, 2, 3 and r (beginning at the toe of the slope) and removal of everything above with a landscaping requirement consisting of drought resistant material. The motion died for lack of a second. Commissioner Wike emphasized that runoff problems could arise as a result of the pad/extreme slope. Therefore, she stressed that the pad of the entire upper structure should be restored. Commissioner Von Hagen related his support of the pad. He expressed his opinion that the structure is a non -conforming prior use. He voiced his support of Alternative No. 3 with the inclusion of a condition pertaining to drainage. Commissioner Wike moved to retain wall nos. 1, 2, 3 and 4; to remove the deck, covered patio and entire upper level structure; to restore the slope; and to require a landscaping plan. The motion was seconded by Commissioner artolano and passed by a 3-2 majority vote with Commissioners McNulty and Von Hagen dissenting. Appeal rights were noted. Minutes February 9, 1988 Page 4 CONTINUED BUSINESS NEW BUSINESS CUP No. 23, Rev "T", GR No. 1079; DiBernardo, 3402 Palo Vista Drive None. Assistant Planner Carolynn Wilker presented the staff report. Chairman Connolly invited interested parties to speak to the item. Mr. Martin Medak, 545 W. 9th Street, Los Angeles, 90731, Pacific Projects, representing the applicant, presented a rendering of the proposed project and discussed. his understanding that the proposed project complies with the original footprint; previously approved plans which have expired_; efforts_ to design -an attractive project which complies with -the Seacliff Hills' Guidelines; and ripen space requirements. Commissioner prtolano voiced her understanding that a design which complies with the original footprint would be acceptable. She expressed her opinion that the design of the project is in the spirit of the Guidelines and indicated that she could consider the landscaped area as open space. She related her opinion that, in an effort to increase the open space, the applicant should work with staff. Commissioner Wike noted that the property was originally part of a Residential Planned Development. She discussed that the proposed project is a relatively large home on a relatively small piece of property, thereby creating open space problems. She related her agreement with the staff recommendation and advised that any future reduction in open space would not be acceptable. Commissioner McNulty discussed his approval of the proposed design. However, he voiced his opinion that the applicant should work with staff to increase the open space. He commented that a previous approval of the project should not affect the Commission's decision, especially with the subsequent adoption of the Guidelines. Commissioner Von Hagen suggested that, in the future, lots should be adequately marked for identification purposes. He related his approval of the proposed design and indicated that he could consider the landscaped area as open space. He expressed his opinion that the applicant should work with staff to increase the open space. Chairman Connolly indicated that the applicant should work with staff in order to increase the open space. Minutes February 9, 1988 Paqe 5 Staff clarified the location of the lot and indicated that, in the future, lots will be adequately marked for identification purposes. Staff noted that the Seacliff Hills' Guidelines were adopted subsequent to the previous approval which expired. During discussion of staff's disagreement with the proposed footprint as represented by the applicant, staff explained the Guideline requirements with regard to 20 percent open space on the upper level. Director of Environmental Services Benard pointed out that the 20 percent upper level open space Guideline requirement was adopted in an attempt to avoid a straight two-story facade. He noted that, while the architectural treatment of the project includes different materials, the bulk of the building still has a substantial negative visual impact. Commissioner Ortolano moved to continue the item; seconded by Commissioner McNulty and passed unanimously. At 9:15 PM there was a brief recess until 9:25 PM when the meeting reconvened in regular agenda order. Encroachment Permit No. 8; Assistant Planner Laurie Brigham Jong Dae Hong presented the staff report. She 29900 Avenida Esplendida noted that the applicant has applied for a Minor Exception Permit which addresses the height of the pilasters. Chairman Connolly invited interested parties to speak to the item. Mr. Jong Dae Hong, 29900 Avenida Esplendida, applicant, discussed: he was not aware of the encroachment when he purchased the property; the Water Company has not complained about the encroachment; his agreement with Alternative No. 2; improvements he made to the pilaster wiring; and the gate is not electrified. Chairman Connolly voiced his support of the staff recommendation. He noted that the pilasters are wired for electricity and stressed that the Water Company must have access to the utility box. Commissioner McNulty commended staff on a well written report. He commented on the applicant's right to seek legal advice pertaining to any damages he may suffer and provided comment pertaining to the various requirements associated with the private utilization of public property. He noted the difficulty of the request and explained that previous Commission approvals of,Code exceptions when an applicant purchased a home in that condition have not involved the right-of-way. He related his support of the staff recommendation. Minutes February 9, 1988 Page 6 Commissioner Von Hagen noted that thd pilaster wiring appears to be a recent installation. Even though he recognized that the applicant did not construct the encroaching fence, he expressed his support of the staff recommendation. Commissioner Ortolano explained that, while the Commission previously approved pilasters higher than what the Code allows, she could support the staff recommendation. Commissioner Wike discussed her support of the staff recommendation. Staff provided information regarding a previous Commission decision which involved one pilaster encroaching into the right-of-way. Staff pointed out that the utility box provides access for the entire neighborhood and noted that the City has no record of a permit for the encroaching fence. During discussion of the Director's authority to approve the applicant's Minor Exception Permit application for the pileasters' height, Director of Environmental Services Benard invited Commission guidance related thereto. Commissioner Wike moved approval of Alternative No. 3; seconded by Commissioner Von Hagen and passed unanimously. Appeal rights were noted. CUP No. 23 - Revision "Un, Associate Planner Ben Ortega GR; Dimensional Design Group, presented the staff report. Inc., Sparqur, 32503 Seacliff Drive, Lot 6, Tract 32574 Chairman Connolly invited interested parties to speak to the item. Mr. John Vilicich, representing the landowner, discussed the location of the second entrance into the recreation room and related the applicant's agreement with the Conditions of Exhibit "A". Commissioner Wike voiced her concern over the possible conversion of the recreation room into a second dwelling and discussed the related possibility of eliminating outside access thereto. Staff pointed out that Condition No. 5 to Exhibit "A" would prevent the conversion of the recreation room into a second dwelling and mentioned that the elimination of outside access to the recreation room was not explored. Commissioner Ortolano moved approval of the project with the Conditions contained in Exhibit "A"; seconded by Commissioner Von Hagen and passed unanimously. Appeal rights were noted. Minutes February 9, 1988 Page 7 QUESTIONS FROM THE AUDIENCE (Regarding Non -Agenda Items) WORK SESSION Review of Height Variation Ordinance None. Senior Planner Ann Negendank presented the staff report and requested that the Commission complete a related survey (as distributed). Commissioner Wike provided input regarding other cities' height variation requirements. She introduced the idea of separating residential and commercial height variation requirements. Commissioner McNulty voiced his support of a height variation workshop. He related his support of the existing height variation process. Director of Environmental Services Benard pointed out that, while the City's current height variation process seems to be working, the City Council has expressed an interest in understanding the Commission's concerns and noted that Council recently initiated action regarding clarification of the commercial height variation section of the Code. Senior Planner Negendank indicated that the survey results will be provided to the Commission and that a height variation workshop is planned. REPORTS Staf f Code Amendment No. 25 Assistant Planner Jack Roberts - Recycling presented the staff report. Commissioner Von Hagen mentioned that alternative collection processes should be considered. He suggested that information should be obtained regarding Rolling Hills Estates recycling system. Commissioner Ortolano related her concern over noise during pick up and about the proposed pick up hours of 7 AM to 10 PM. She expressed her support of curbside pick up. chairman Connolly explained his concern over related health issues. Minutes February 9, 1988 Page 8 Other Director of Environmental Services Benard noted the March 9-11 League of California Cities' conference. Commission Commissionere Wike stressed that the previously approved resolution, signed by herself as Vice Chairperson and pertaining to 86 Rockinghorse (Marshall/Virjee-Appeal), did not reflect the Commission's intent. Commissioner Ortolano emphasized that the Commission should thoroughly understand the issues prior to making a decision. Director of Environmental Services Benard explained the intent of the related resolution which he indicated should reflect why the Commission overruled staff's decision. He noted that the decision was not appealed by either party. ADJOURNMENT At approximately 11:10 PM the meeting was duly adjourned.