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PC MINS 19880412M I N U T E S PLANNING COMMISSION APRIL 12, 1988 The meeting was called to order at 7:05 PM by Chairman Connolly at the Hesse Park Community Building, 29301 Hawthorne Boulevard. PRESENT: CONNOLLY, MC NULTY, ORTOLANO (7:15 PM), VON HAGEN, WIKE (7:10 PM) ABSENT: NONE Also present were Director of Environmental Services Benard, As- sociate Planner Greg Fuz, Associate Planner Ben Ortega, Associate Planner Carolynn Wilker and Assistant Planner Laurie Brigham. CONSENT CALENDAR Director of Environmental Services Benard noted a com- munication from the Salvation Army regarding Environmental Assessment No. 549 and Grading No. 1125 (Consent Calendar Item No. 5). Commissioner Von Hagen moved to place Sign Permit No. 382, San Pedro Electric Sign Co., 29409 Western Avenue, (New Business No. A), on the Consent Calendar. The motion was seconded by Commis- sioner McNulty and passed unanimously (absent Commissioners Or- tolano and Wike). Commissioner Wike arrived at 7:10 PM. Commissioner McNulty moved approval of the Consent Calendar with the addition of Sign Permit No. 382. The motion was seconded by Commissioner Von Hagen and passed unanimously (absent Commis- sioner Ortolano). WORK SESSION Council Subcommittee on Trials The Council Subcommittee on Trails report was presented by Council members Hughes and Bacharach. Commissioner Ortolano arrived at 7:15 PM. The Trails Committee's purview as well as its interaction with the Planning Commission was discussed. 1 6 Minutes April 12, 1988 Page 2 At 7:30 PM the Council Subcommittee on Trails Work Session was adjourned. At 7:35 PM the regular adjourned meeting of the Planning Commis- sion was reconvened. PUBLIC HEARINGS Code Amendment No. 26; Commercial Development Standards Director of Environmental Services Benard noted a related communication from the Monaghan Company. The presentation of the staff report was waived. Chairman Connolly opened the public hearing. Mr. John Corcoran, 6610 PV Drive South, representing the Monaghan Co., encouraged the Commission to attend an upcoming presentation regarding the plans for development on the Long Pointe property and requested that a decision pertaining to Code Amendment No. 26 be subsequent to that presentation. Director of Environmental Services Benard related City Council's direction to move forward with the item. The Commission supported a continuance of the item in order to obtain information regarding the proposed development on the Long Pointe property. Commissioner Ortolano voiced her concern over a 48 foot building height, as included in the proposed Code Amendment. Commissioner Wike pointed out that Code Amendment No. 26 would encompass not only the Long Pointe property but all future com- mercial development within the City. Commissioner Wike moved to continue the public hearing to April 26, 1988; seconded by Commissioner Ortolano and passed unanim- ously. Variance No. 188; Chairman Connolly noted two Underhill, Fenger, related communications from 28053 Lobrook Drive the applicant's attorney and 2 Minutes April 12, 1988 Page 3 one from Ms. Sylvia Bennett. Commissioner Von Hagen questioned whether the impact of the ex- isting deck and handicapped access could be reduced. He men- tioned that the item could be continued in order to enable the applicant to explore all options. Commissioners Ortolano and Wike and Chairman Connolly supported a continuance of the item. --rp— Commissioners McNulty and Von Hagen disagreed with a continuance of the item. Director of Environmental Services Benard emphasized that a con- tinuance of the item would be inappropriate, especially since many concerned parties attended the meeting. He pointed out that the staff recommendations include options within the Code which would not require a Variance. V Commissioner 'dike moved to continue the item. The motion died for lack of a second. Associate Planner Carolynn Wilker presented the staff report. Chairman Connolly opened the public hearing. Interested parties included: Mr. & Mrs. Fred Fenger 28053 Lobrook Applicant Mr. William Underhill Bakersfield Contractor Mr. Chuck Bennett 28119 Lobrook Mr. H. A. Strack 28063 Lobrook Mr. George Shaw 28101 Lobrook Interested parties discussed: the specifics of the request; the applicant's impression that the rear/sun deck was approved as part of the site plan review; similar decks in the area; the handicapped access was constructed due to the physical condition of Mr. Fenger and Mrs. Fenger's parents; the French doors were installed to provide light and air; the applicant's desire to continue the item; Mr. Bennett's opinion that the side deck im- pacts the neighbor's property; and Mr. Strack's concern that he did not receive notice of the project. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. 3 LI Minutes April 12, 1988 Page 4 • Commissioner Ortolano discussed the possibility of handicapped access in the front. She voiced concern that the City approved the rear/sun deck subsequent to its completion and questioned whether it could be screened to minimize its impact. She related her opinion that the applicant and staff should discuss alter- natives to the side yard deck. Commissioner Von Hagen discussed his opinion that the side yard should be returned to its original condition. He commented on his concern over the City's approval of the rear/sun subsequent to its completion. Chairman Connolly supported a continuance of the item to enable the applicant to work with staff to resolve the issues of con- cern. Commissioner Ortolano, moved approval of the rear/sun deck with the inclusion of a landscaping plan to provide some restoration of privacy to the Strack's property, to be approved by the Direc- tor of Environmental Services. The motion was seconded by Com- missioner Wike. Chairman Connolly related that he could not support a continuance of the side yard deck. Commissioner Ortolano indicated that she could not support the side yard deck. Commissioner Wike expressed that she could not support the side yard deck as it exists but that it could be reduced in size, separated from the rear/sun deck and that the stairs could be removed. Staff provided input as to the minimum requirements for hand- icapped access. Director of Environmental Services Benard advised that the rear/sun deck is higher than the height previously approved by the City. He related the City Attorney's opinion that, because the rear/sun deck was not constructed in good faith, the Commis- sion could recommend its removal. He noted that the cost of adequately landscaping the rear/sun deck, to screen it from the Strack's, could be significant. He mentioned the possibility of reducing the rear/sun deck's size by removing the overhang. For the record, Commissioner Von Hagen indicated that he could not make the findings to modify the rear/sun deck because he did 4 0 • Minutes April 12, 1988 Page 5 not see it. He voiced his support to continue the item. Commissioner Ortolano commented that she could not support a reduction in the size of the rear/sun deck by removing the over- hang. The motion was passed by a 3-2 majority vote with Commissioner Von Hagen and Chairman Connolly dissenting. Commissioner McNulty moved to continue the remaining portion of the request to May 10, 1988 to give the applicant and staff an opportunity to work out some mitigating measures on the side yard deck. The motion was seconded by Commissioner Ortolano and passed unanimously. Commissioner McNulty noted his preference for handicapped access from the front of the property. Appeal rights pertaining to the rear/sun deck were noted. At this time, the following item was considered: NEW BUSINESS Height Variation 'For the record, Commissioner No. 513 - Appeal; Wike noted her family Pack, 1936 Homeworth acquaintance with the parties involved. The presentation of the staff report was waived. Chairman Connolly invited interested parties to speak to the item. Mr. & Mrs. Nick Pack, 1936 Homeworth, appellant, discussed: the substandard size of the lot necessitates a second story addition; their neighbors support of the request; and there would be no significant view impairment. Commissioner Von Hagen moved approval of Staff Alternative No. I to approve the Height Variation as submitted by the applicant; seconded by Commissioner Ortolano. Commissioner Wike related her opinion that a second story addi- tion could be designed to minimize the view impact. 5 • Minutes April 12, 1988 Page 6 The motion was passed unanimously. Appeal rights were noted. At 10.00 PM there was a recess until 10:10 PM when the meeting reconvened in regular agenda order. Variance No. 192; Tso, 26703 Basswood Chairman Connolly noted one related communication from Mr. & Mrs. Lane Russell. The presentation of the staff report was waived. Chairman Connolly opened the public hearing. The proponents of the request included. Mr. & Mrs. Perry Tso 26703 Basswood Applicant Mr. Robert Gibson 26727 Basswood Mr. Wm. Power 26721 Basswood The proponents discussed: the caissons are structurally sound; the applicant's lack of awareness regarding the discrepancy in the square footage of the deck; the project was begun prior to the 1985 Extreme Slope Ordinance; the deck is needed for access to the lower portion of the property for fire protection purposes; the applicant's willingness to work with staff to modify the configuration of the deck; removal of the deck would disrupt the environment; the applicant's understanding that the issued permit was for two decks, as shown on the approved plans; Mr. Gibson's and Mr. Power's support of the project; and the ce- ment work was all done at the same time. Commissioner Von Hagen moved to close the public hearing; seconded by Commissioner McNulty and passed unanimously. Commissioner McNulty, who commented on the complexity of the issue, related his belief in the applicant's intent. He pointed out that the County Building Inspector most likely in- spected all the structures when he visited the site and noted that the project was constructed prior to the 35 percent slope hillside moratorium. • Minutes April 12, 1988 Page 7 Commissioner Von Hagen and Chairman Connolly indicated they could not make the necessary findings to approve the request. Commissioner Ortolano related her concern over the cumulative im- pact of an approval of the lower decks which, she stressed, are very obtrusive. Commissioner Wike agreed that the County Building Inspector would have examined the entire project. However, she could not make the findings to support the request nor could she support the lower decks. Staff clarified that the applicant's property is not located in a Flood Hazard Zone. Director of Environmental Services Benard presented input per- taining to the permit issued for only one 432 square foot deck, not two decks. Commissioner McNulty moved approval of the application as sub- mitted. The motion died for lack of a second. Commissioner Wike moved to deny Variance No. 192; to approve the existing caissons; and to require landscaping to lessen the im- pact. The motion was seconded by Commissioner Ortolano. Commissioner Von Hagen emphasized the importance of protecting the hillsides and adequately screening the caissons, should they remain. Commissioner McNulty stressed that the decks are 85 percent com- pleted and landscaping could be required to provide screening. He emphasized his opinion that the applicant was mislead by the County Building Inspector. The motion was passed by a 4-1 majority vote with Commissioner McNulty dissenting. Appeal rights were noted. For the record, Commissioner McNulty emphatically stated his ob- jection to the denial of the request. a F---I L-A Minutes April 12, 1988 Page 8 Variance No. 196; Anthony Pools, White, 6720 Via Canada • The presentation of the staff report was waived. Chairman Connolly opened the public hearing. Mr. Mike White, 6720 Via Canada, applicant, discussed' the im- possibility of constructing a pool in the back yard; a wrought iron fence would provide safety; other front yard pools in the area; the staff denial was based on inaccurate information; and his willingness to scale down the size of the pool. Mr. Fred Hall, 6716 Via Canada, elaborated on his objection to the request. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Ortolano and passed unanimously. Commissioner Wike voiced concern that the proposed project would occupy the entire front yard. She related her concern over noise and safety with a pool in the front yard and indicated she could not support the request. Commissioner Von Hagen discussed the possibility of scaling down the size of the pool and pointed out that no viable alternative location for a pool exists. He commented that the noise would be no greater in the front yard than in the back yard. He expressed that he could support a pool in the proposed location with the condition that it be adequately fenced. Commissioner Ortolano related her opinion that the small lots in the neighborhood are not necessarily designed for a pool. She voiced her concern over safety and the attractive nuisance with a pool in the front yard. She related that she could not support the project. Because of the shape and size of the lot, the ambience in the neighborhood and safety concerns, Commissioner McNulty indicated he could not support the proposed project. He mentioned that the majority of the pools in front yards within the City cannot be seen from the street and noted that the garage could be relo- cated in order to place a pool in the back yard. Chairman Connolly voiced concern over safety with a pool in the front yard. He agreed that the garage could be relocated to Minutes April 12, 1988 M • Minutes April 12, 1988 Page 9 place a pool in the back yard. He indicated he could not make the necessary findings to approve the request. Staff provided information as to the property setbacks and proposed plans. Commissioner Wike moved to deny Variance No. 195; seconded by Chairman Connolly and passed unanimously. Appeal rights were noted. Coastal Permit No. 45, The presentation of the staff Grading No. 1102; report was waived. JCC Enterprises, 5410 Seacove Drive Chairman Connolly opened the public hearing. The proponents of the request included: Mr. Kurt Nelson 22330 Hawthorne, No. 212, Torrance, 90254 Dr. Edward Abrams 2040 Via Visalia, Palos Verdes Estates, 90274 Mr. Richard Gould 22330 Hawthorne, No. 212, Torrance, 90254 Mr. Tim Racisz 30751 Tarapaca Road The proponents discussed: the specifics of the request; the ten- nis court would not be extremely visible from the street; the grading plan does not vary from staff's intent; the project was designed to minimize the grading for the house in order to allow for the tennis court; fencing; the proposed design would mini- mize view impact and would maximize view corridors; efforts to retain the natural slope; the tennis court would not include lighting; the lot is not wide enough for construction of the ten- nis court and the house; a tennis court along the back of the property would impact the scenic vista; and objection to a reduction in the size of the tennis court. Ms. Ilse Oetiker, 6504 Via Baron, in opposition to the request, discussed the impact of the tennis court as viewed from her living room. She stressed the importance of preserving her ocean view. 0 Minutes April 12, 1988 Page 10 0 Commissioner McNulty moved to close the public hearing. The mo- tion died for lack of a second. Commissioner McNulty stressed his opposition to the placement of recreational facilities in front setbacks and voiced his concern over the cumulative impact of an approval related thereto. He commented on the importance of maintaining a community atmosphere and protecting views. He recalled that a design for a tennis community in the area was previously rejected. Commissioner Ortolano stressed the importance of preserving the natural slope of the lot. She commented on the visual sen- sitivity of the area and on the difficulty of balancing the rights of the property owner with the City's requirements. She discussed the possibility of placing the house on the front of the lot with the pool in the rear setback. Chairman Connolly noted that the tennis court would be visible from the ground floor of the condominiums across the street from the proposed project. Commissioner Wike discussed the possibility of redesigning the tennis court in order to reduce its impact. Commissioner Von Hagen mentioned that a tennis court could be shared by two properties. He indicated that he could not support a tennis court in the front yard. Staff provided input regarding landscaping requirements pertain- ing to the existing projects in the area. Staff clarified that the tennis court and the pool area would be included as part of the 75 percent open space as defined by the Development Code. Director of Environmental Services Benard emphasized the impact of the tennis court as it would be viewed from the sidewalk/street. He stressed the importance of designing the project to fit the slope of the lot. He mentioned the idea of reducing the size of the tennis court and related staff's objec- tion to the placement of a tennis court in the rear setback. Commissioner Wike moved approval of Alternative No. 4 to continue the item and direct the applicant to redesign the grading plan with the deletion of the tennis court as recommended by staff. The motion was seconded by Commissioner McNulty and passed unani- mously. 110 • Minutes April 12, 1988 Page 11 .7 Director of Environmental Services Benard indicated that the item will be renoticed upon its return to the Commission. Variance No. 197; The presentation of the staff Klemm, 28525 Trailriders report was waived. Chairman Connolly noted a re- lated communication from Ms. Barbara Plebuch. Chairman Connolly opened the public hearing. The proponents of the request included: Mr. & Mrs. Rolf Klemm 28525 Trailriders Ms. Barbara Plebuch 28563 Blythewood The proponents, who requested approval of the existing deck, discussed: the history of the request; the applicant's under- standing that a permit was not necessary; the deck was completed prior to the issuance of the Stop Work Order; concern over the staff recommendation to remove 7.5 feet of the deck; similar decks in the area; and the applicant's willingness to screen the deck with landscaping. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Von Hagen and passed unanimously. Commissioner Wike related her concurrence with the staff recom- mendation to approve the Variance with modifications and condi- tions. She emphasized the importance of prohibiting footings in an extreme slope. Commissioner Ortolano questioned whether the deck was inspected for structural stability. She supported a reduction in the size of the deck (similar to the deck next door to the applicant's) and landscaping requirements. Chairman Connolly supported the staff recommendation. Staff clarified the Conditions of Approval as included in the staff report. Director of Environmental Services Benard indicated that the deck's structural stability has not been inspected. He advised that the deck next door to the applicant's was built with permits prior to the City's incorporation. 11 Minutes April 12, 1988 Page 12 Commissioner McNulty moved approval of Alternative No. 3 as recommended by staff to approve the deck subject to the criteria and conditions for an extreme slope permit.. The motion was seconded by Commissioner Wike and passed unanimously. Appeal rights were noted. Variance No. 198; Nejad, Lupo, 28041 Hawthorne Associate Planner Carolynn Wilker presented the staff report. Chairman Connolly opened the public hearing. Mr. Shawn Nejad, 3542 Emerald, No. D, Torrance, 90503, applicant, requested approval of the request. He noted that more than ample parking exists at the location. The public hearing was closed. Commissioner Von Hagen stressed the importance of adequate park- ing for commercial/retail establishments. He related his support of Alternative No. 3 to approve the Variance for the non- conforming use and deny the parking. Commissioner Ortolano also stressed the importance of adequate parking for commercial/retail establishments, especially on Haw- thorne Boulevard. She emphasized the importance of planning for the ultimate use of the property. She supported Alternative No. 3 to approve the Variance for the non -conforming use and deny the parking. Commissioner McNulty stressed the importance of planning for the ultimate use of the building. Chairman Connolly noted that the parking at the location could be reviewed in one year. Commissioner Wike expressed that the applicant could be required to sign the Development Agreement and that the parking could be reviewed in one year. Staff provided input regarding the recommended parking require- ments and clarified the specifies of the request. • Minutes April 12, 1988 Page 13 Director of Environmental Services Benard presented information regarding the pending Development Agreement. Commissioner Von Hagen moved approval of Alternative No. 3 to ap- prove the Variance for non -conforming use and deny the parking. For the purposes of discussion, Commissioner McNulty seconded the motion. Commissioner Wike amended the motion to include that an approval of Alternative No. 3 be contingent on the signing of the Develop- ment Agreement. The amendment was accepted by the maker of the motion and the amended motion was passed unanimously. Appeal rights were noted. CONTINUED BUSINESS Conditional Use Permit The presentation of the staff No. 23 - Revision "T", report was waived. Grading No. 1079; DiBernardo, Staff noted 66.5 percent as 3204 Palo Vista Drive the proposed open space. Chairman Connolly invited interested parties to speak to the item. Mr. Martin Medak, 2828 S. Baywater, No. 5, San Pedro, 90731, rep- resenting the applicant, discussed: efforts to reduce the lot coverage; the project was designed prior to the adoption of the Seacliff Hills Guidelines; an increase in the open space would be a detriment to the project; and the applicant's willingness to make the porch open and reduce the second story in order to meet the second story requirements. Chairman Connolly voiced concern that the project was returned to the Commission without conformance to the Seacliff Hills Guidelines open space requirements. Commissioner Von Hagen stressed the importance of adequately marking vacant lots for identification purposes. He voiced his opinion that a 3.5 percent increase in the open space would not reduce the structure's impact from PV Drive South. Commissioner McNulty recalled that the applicant was previously directed to increase the open space to approximately 70 percent. 13 0 Minutes April 12, 1988 Page 14 • He expressed his opinion that all buildings on down sloping lots appear massive and that a 3.5 percent increase in open space would not reduce the impact. Commissioner Wike stressed the importance of complying with the Seacliff Hills Guidelines 70 percent open space requirements. She supported staff's recommendation that the applicant be directed to redesign to bring the project into compliance with the 70 percent open space and architectural Development Guideline requirements. Commissioner Ortolano related her opinion that the proposed structure would be massive in appearance. Director of Environmental Services Benard indicated that vacant lots will be posted for identification purposes. He related in- put regarding the applicant's efforts to increase the open space. He commented on staff's concern over the small lots adjacent to PV Drive South and emphasized that a reduction in the second story would reduce the massive appearance of the structure. Commissioner Nike moved approval of Alternative No. 3 directing the applicant to redesign the residence to bring it into com- pliance with the 70 percent open space requirement and architec- tural development guideline requirements as recommended by staff. The motion was seconded by Commissioner Ortolano and defeated by a 2-3 vote with Commissioners McNulty and Von Hagen and Chairman Connolly dissenting. Commissioner Von Hagen moved approval of Alternative No. I to ap- prove the application as revised and as submitted. The motion was seconded by Commissioner McNulty. Chairman Connolly amended the motion to include the requirement of a landscaping plan. The amendment was accepted by the maker of the motion and the amended motion was passed by a 3-2 majority vote with Commissioners Nike and Ortolano dissenting. UNZROTAWR Staff Director of Environmental Services Benard noted the ten- tative schedule for the Specific Plan for Subregions 7 and 8 and the switchbacks (as distributed). He requested future Commission input pertaining to meeting dates related thereto. 14 0 - - Minutes April 12, 1988 Page 15 Director of Environmental Services Benard distributed a current schedule of items to be presented to the Commission. He noted that the level of activity is continuing to increase in mag- nitude. Commission Commissioner Ortolano strongly recommended that the Commis- sion not hear any new business subsequent to 11:00 PM. Commissioner McNulty, who agreed that no new business should be heard subsequent to 11:00 PM, suggested that a timer should be utilized to limit speakers to 5 minutes. The Commission voiced its agreement that the agendas have been too long. Chairman Connolly stressed interested parties' rights to speak to an item. He indicated that he would relate the Commission's con- cerns to the City Council. Commissioner Wike suggested that staff look at fencing for the Seacliff Hills development in order to deal with down sloping lots adjacent to Palos Verdes Drive South. Commissioner Ortolano related that she cannot support any fur- ther deviations on Western Avenue signage until the temporary "For Lease" sign at 28623 S. Western (the "Sweet Shoppe" shopping center) is removed. ADJOURNMENT At 1:15 AM the meeting was duly adjourned to 7:30 PM, April 18, 1988. 15