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PC MINS 19880614E MINUTES PLANNING COMMISSION JUNE 14, 1988 The meeting was called to order at 7:30 p.m. by Chairman Connolly at Hesse Park Community Building, 29301 Hawthorne Boulevard. PRESENT: Ortolano, Von Hagen, Connolly, McNulty, Wike ABSENT: None Also present were Director of Environmental Services Robert Benard, Associate Planner Ben Ortega, Associate Planner Carolynn Wilker and Assistant Planner Laurie Brigham. COMMUNICATIONS CONSENT CALENDAR MINUTES OF APRIL 12, 1988 Chairman Connolly reported that a communication had been received from Watt Industries regarding a proposal to construct 64 homes. The Commission had no objection to temporarily removing Item IVC from the Consent Calendar and placing Item IVE into the Public Hearings section on the agenda after Public Works personnel became available. Notion was made by Commissioner Von Hagen and seconded by Commission- er Wike to approve the minutes with the following change: Place Paragraph 4, Page 2 immediately following Paragraph 2. Notion unanimously passed. Conditional Use Permit No. Associate Planner Ortega noted 107 Extension. Pedregal that the conditions in this request School, 6060 Grove Oak Pl. comply with the original conditions of approval, and statf recommended granting a two year extension for Conditional Use Permit No. 107. Grading No. 1069 -REV.; Associate Planner Ortega noted 6224 Ocean Terrace the staff recommendation to approve the request with the following conditions: 1. Maximum building ridge height shall be 1076.01. 2. Prior to an occupancy permit, a deed restriction shall be recorded prohibiting the installation of a kitchen in the studio located over the garage. 3. No structure shall encroach into the BGR (Building Grading Restriction) line as delineated on said plans. Minutes June 14, 1988 Page Two 4. The maximum grading outside the building footprint shall not exceed 50 cubic yards. 5. The project shall drain toward the street. Said drainage plan shall be approved by the City Engineer. 6. obtain a new grading permit for the required over excava- tion and recompaction. Notion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to approve the Consent Calendar. Notion unanimously passed. PUBLIC HEARINGS Variance No. 209 Assistant Planner Laurie Brigham 3638 Coolheights presented the Staff Report and related the Staff recommendation to approve Alternative No. 3 which states: Approve the application with the following conditions: 1. The existing landscaping which screens the deck and footings must be properly maintained to screen the structure. 2. The structure must be maintained with a color that blends with the natural landscape. 3. All required building permits must be obtained. 4. The deck projection over the extreme slope shall be reduced by 5 feet 6 inches. Chairman Connolly read a letter he had received from Ms. Beth Durocher stating her support for the deck. Chairman Connolly opened the public hearing. Mr. Philip Brunner, 3638 Coolheights Drive, presented to the Commission photographs and a handout requesting a variance on the deck. He also reviewed the history behind the construction of the deck and related, in chronological order, the revisions made to his home and construction permits applied for and obtained. Mr. Brunner reiterated that the deck was constructed prior to incorporation of the City, and agreed to comply with the Conditions of Approval. However, Mr. Brunner asked that the provision be removed from the Conditions which states that the deck projection over the extreme slope should be reduced by five feet six inches, because this would cause a major disruption to the structural integrity of the deck and would be costly. Minutes June 14, 1988 Page Three • Commissioner Wike questioned if the County would have permitted this deck. Director of Environmental Services Benard indicated that there was no preclusion from the deck being constructed before the City was incorporated and under County regulations after incorporation, but a permit would have been required. Assistant Planner Laurie Brigham addressed Commissioner Wike's questions of communication between the Building and Planning Divisions regarding different approvals. Chairman Connolly closed the public hearing. Motion was made by Commissioner McNulty and seconded by Commissioner Ortolano to approve Staff Alternative no. 3 approving the variance with the conditions as proposed by Staff with the exception of Condition No. 4. Motion amended by Commissioner Ortolano to change the work *maintain* in Condition No. I to read "enhance". Notion unanimously passed. Appeal rights were noted. Variance No. 201. 30023 Knollview Drive Associate Planner Ben Ortega presented - the Staff Report Staff responded affirmatively to Commissioner McNulty's question of whether eight feet of the deck is cantilevered. Both Commissioners Wike and Ortolano inquired if the provisions of the Extreme Slope Permit could be met in this instance. Associate Planner Ortega noted the staff's intent to have the deck modified in order to adhere to the provisions of the extreme slope permit. Chairman Connolly opened the public hearing. Mr. Johnny Rempertp South Bay Engineering Corp., 304 Tejon Place, engineer for the property owner, detailed the history behind the construction of the deck and the actions that were taken to obtain grading permits. Mr. Rempert displayed plans showing how the slope could be regraded so as not to fall under the definition of an extreme slope, and summarized the efforts of the applicant to correct the problem. He urged approval of the variance as submitted. Chairman Connolly closed the public hearing. Minutes June 14, 1988 Page Four Commissioner McNulty noted the difference between Mr. Rempert's measurements and Asssociate Planner Ortega's and asked about planning clearances. Mr. Ortega summarized the procedure for issuance of building permits. Motion was made by Commissioner Aike to approve Staff Alternative No. 3 which states: Deny the variance and direct the applicant to modify the deck adhering to the provisions of an Extreme Slope Permit. Motion failed for lack of a second. Associate Planner Ortega outlined the following four conditions in response to Commissioner Ortolano's request for an analysis of the conditions of approval: 1. The existing deck shall be modified so as not to extend beyond six feet over the existing extreme slope. 2. The applicant shall submit and have approved a slope stability analysis by the City Engineer; compliance with all recommendations is required. 3. The applicant shall submit and have approved a landscape and irrigation plan by the Department of Environmental Services. Such plan shall include groundcover and shrubs with dense foliage for lower deck screening and to minimize slope erosion and water run-off. 4. The above conditions shall be complied with no later than 180 days unless an extension of time is granted by the Planning Commission. Motion made by Commissioner Ortolano to approve the variance subject to the conditions imposed by the Planning Commission, and that the conditions be as articulated by Mr. Ortega. Director of Environmental Services Benard noted the difficulties that staff and the applicant might confront depending on what vehicle the variance is approved through, and recommended continuance of this item to July 12th. Commissioner Ortolano withdrew the motion. Mr. Rempert asked to make a comment and conveyed the reluctance of the property owners to reduce the size of the deck; he restated his compromise to regrade to a flatter slope in order to comply with the extreme slope criteria. • Minutes June 14, 1988 Page Five 2 Notion was made by Chairman Connolly and seconded by Commissioner McNulty to continue this item to July 26, 1988. Notion unanimously passed. A recess was taken from 9:00 to 9:10 p.m. Environmental Assessment No. Associate Planner Carolynn Wilker 550F City of Rancho Palos presented the Staff Report Verdes, Palos Verdes Drive East between Via Subida and Miraleste Drive Commissioner Ortolano discussed traffic disruption on Palos Verdes Drive East, and questioned whether removal of the trees was mandatory or discretionary and the appropriateness of using root guards. Environmental Services Director Benard responded that the actual removal was an administrative function. Director of Public Works George Wentz clarified that Palos Verdes Drive East is an arterial street and reviewed his past experience with the applicability and effectiveness of placing root guards on street trees. Mr. Wentz stated that root guards could be considered in this instance so as to preclude the roots from growing back onto the pavement, and related the criteria used to determine when a tree must be removed as a result of damage caused by the tree. The cost of the root guards would be between $500 and $800 including installation. Commissioner Von Hagen questioned the appropriateness of the Planning Commission, as opposed to the City Council, in making determinations regarding removal of particular street trees. Director of Environmental Services Benard related the California Environmental Quality Law that covers the Commission's responsibility in dealing with appropriate issues. Commissioner Ortolano noted the role the trees play as safety barriers along the roadway, and questioned the Commission's responsibilities if a Negative Declaration were adopted. Commissioner Ortolano also expressed concern about how to balance an identified resource versus the cost and safety issues, and requested information on the components of an Environmental Impact Report other than aesthetics, safety and cost. Commissioner Von Hagen indicated that if a Negative Declaration is adopted, an Environmental Impact Report would be unnecessary. • Minutes June 14, 1988 Page Six • Mr. Wentz identified those property owners who have indicated a preference with regard to maintaining or removing trees adjacent to their lots. Chairman Connolly opened the public hearing. Cheryl Caughlin, President of the Miraleste Homeowners Association expressed the Association's concern that the trees are an intrinsic part of the area and are opposed to their removal. The Association is also in opposition with the City's basis for identifying which trees are to be maintained and/or removed. Jack Eberhardt, 4220 Palos Verdes Drive East, expressed disagreement with the City's tree removal proposal. Mr. Eberhardt requested that the safety of his household be considered and that an Environmental Impact Report be prepared. Janet Esposito, 6276 Via Canada, addressed the aesthetics and historical importance of the trees. Janelle Peak, 4204 Palos Verdes Drive East, addressed the value of the trees, particularly in accident prevention, and requested that alternatives to their removal be considered. Bern Shyfferr, 4212 Palos Verdes Drive East, suggested resolving the issue by the placement of root guards. Mr. Wentz responded to the issue of root guard placement, and indicated that the City is also considering installing root guards first as a repair measure, and also paying the cost if a second repair should become necessary. Chairman Connolly noted his discomfort with making any decisions other than to request a public workshop. It was his opinion that the homeowners should be given more information. Director of Environmental Services Benard reviewed the criteria for requesting an Environmental Impact Report, and stated the Commission needed to evaluate whether the impacts are adverse and unavoidable and whether mitigation is available. He indicated that an Environmental Impact Report would cost approximately $5000 to prepare, and suggested that a recommendation to the Commission on additional mitigation measures be drafted in cooperation with the Department of Public Works. Commissioner Ortolano asked that mitigation measures be drafted that deal with the impact on the property owners. Minutes June 14, 1988 Page Seven Commissioner Von Hagen questioned whether the public could appeal the Commission's decision should the Commission choose not to adopt a Negative Declaration. Commissioner Von Hagen stated disagreement with the mitigation measures as stated in the Staff Report. Commissioner McNulty was concerned about the City's legal liability in the area, and was satisfied with the mitigation measures as proposed. Chairman Connolly announced that individual property owners had the right to appeal whatever decision is made, and pointed out the responses from the communications that were sent to the property owners. Commissioner Nike concurred that legal liability exists, and asked for an opinion from the City Attorney in regard to the City's liability. Commissioner Ortolano indicated that as a Commissioner and as a citizen she would like to see the trees preserved, but would not wish to accept any liability to accomplish that end. She did not think it was appropriate to put the burden of preserving the trees on the individual property owners. Mr. Wentz noted that the City has not yet established a firm timetable with regard to the removal of trees on Palos Verdes Drive East. Motion was made by Commissioner McNulty and seconded by Chairman Connolly to adopt the Negative Declaration as prepared. The Motion did not pass. Commissioners Von Hagen, Ortolano and Nike dissented. Motion was made by Commissioner Von Hagen and seconded by Commissioner Ortolano to reject the adoption of a Negative Declaration and not require the preparation of an Environmental Impact Report. The notion did not pass. Commissioners McNulty, Connolly and Nike dissented. Director of Environmental Services Benard recommended continuance of this item after all related issues have been discussed with the City Attorney. Motion was made by Chairman Connolly and seconded by Commissioner Nike to continue the public hearing to June 28, 1988. Motion unanimously passed. Minutes June 14t 1988 Page Eight Environmental Assessment No.' Commissioner Von Hagen stated that due 532 for Draft Environmental 1 to prior association that he would stand Impact Report No. 28 to make a commission in the event the Tentative Tract Nap 45667, sale of the subject property consummated Watt Homes, 6500 Block of with Watt Palos Verdes. Therefore he Palos Verdes Drive East shall neither participate in any discus- sions concerning this application, nor cast any vote with respect to the applica- tion. Reading of the Staff Report was waived. Associate Planner Wilker presented information regarding average lot sizes of other existing developments in the area in response to a question from Commissioner Ortolano. Chairman Connolly opened the public hearing. Sunshine, 6 Limetree Lane, expressed the Peninsula Horsemen's Association and the Trail Committee's disagreement with the Environmental Impact Report due to inadequate analysis of pedestrian and equestrian trail issues. Chairman Connolly asked that the minutes of the Trails Committee meeting be distributed to all concerned. Edward Pearson, 4184 Maritime Road, an engineer for the developerr, announced his support for the proposal and availability for clarification, if necessary. Larry Schmidt, 3339 Palos Verdes Drive West, presented the Commission with information relating to the proposed construction, including a summary of site statistics, project description, areas of concern, and environmental impacts. He stressed that he is neither requesting nor proposing controlled access to the proposed site, stated that he was not in agreement with Staff's interpretation of local geology and grading, and addressed the issue of cutting into the existing slope versus extensive filling. Director of Environmental Services Benard addressed Commissioner Wike's concern about drains by responding that this mitigation measure was recommended at this point by the City Engirieer, and this issue would be deferred to the City Engineer as to an appropriate system. Minutes June 14, 1988 Page Nine Regarding Commissioner Ortolano's inquiry that a situation similar to Seacliff Hills could occur in the proposed development, Mr. Schmidt suggested a willingness to work on deed resrictions, and commented on the number of models and proposed options. He also indicated that the Commission's concern about open space requirements, passive recreational areas, and lot extensions up the slope will be taken into consideration. This item was continued to the July 26, 1988 meeting. Commissioner von Hagen returned to the meeting. Chairman Connolly opened the public hearing. ✓Negative Declaration for Environmental Assessment No. 548 TPN No. 19424, Grading No. 1123, Geological Report Review No. 33, 3027 Crest Road Associate Planner Carolynn Wi.lker presented the staff report and explained that staff has been unable to prepare an Initial Study for the proposed lot split because comments from some agencies were not received until June 28, 1988. Staff therefore requested that the Commission -and the public provide comments, which would incorporated into the Initial Study and staff's recommendations on the proposed project. The Commission must act on the proposal by July 1, 1988. Chairman Connolly opened the public hearing. Mr. Mike Soong, 3027 Crest Road, addressed issues of fencing, geology and drainage, and presented a new proposal that was revised after consultation with an engineer. He also indicated a willingness to continue the extension date until July 1, after staff has had an opportunity to evaluate the revised proposal. Robert Rosa, 3102 Corrina Drive, indicated that he was encouraged by the staff recommendation that approval of the action include maintenance of the trees that impact views for residents on Corrina Drive. Robert Morrell, 3126 Corrina Drive, also addressed the trees on Corrina Drive. His prime concern was view obstruction. Motion was made by Commissioner McNulty and seconded by Commissioner Wike to continue this item to June 28, 1988, with the possibility that it could be continued to a later date. Notion passed unanimously. Negative Declaration for Environmental Assessment No. 551, Coastal Permit No. 54, Grading No. 1135, Klondike Canyon, Portuguese Bend Club The staff report was waived. Minutes June 14, 1988 Page Ten Chairman Connolly opened the public hearing. John McCarthy, 105 Spindrift Drive, expressed concern that the conditions staff wished to add would be costly to the homeowners. Director of Environmental Services Benard noted the mitigating measures that are included in the Negative Declaration. Chairman Connolly questioned staff about the proposed joint use of the maintenance agreement. Director of Public Works Wentz clarified the responsibilities of the two districts involved in this item. Associate Planner Ben Ortega made a correction to Item No. 4, Exhibit *A* in the Conditions of Approval, so it shall read: *Where placed on the beach, the headwalls and wingwalls shall not have more than two feet exposure as measured from the outside exterior of these walls. The fencing height shall not exceed four feet above the concrete wall.` Chairman Connolly closed the public hearing. Motion was made by Commissioner Ortolano and seconded by Commissioner Wike to adopt the Staff recommendation to approve the Negative Declaration, Coastal Permit and Grading Application subject to condition. Motion unanimously passed. Appeal rights were noted. NEW BUSINESS No new business came before the Commission. STAFF REPORT Director of Environmental Services Benard notified the Commission that the grading project with respect to 3470 Via Campesina has been recalculated and found to be approximately 308 underestimated. Staff recommended that the Commission approve the recalculation and that it be substituted in the original approvals. Motion was made by Commissioner McNulty and seconded by Commissioner von Hagen to insert the recalculated figures into Grading Application GR1067. Motion unanimously passed. ADJOURNMENT The meeting was duly ad3ourned at 11:40 p.m. to June 22, 1988, 7:30 p.m. at Hesse Park Community Building.