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PC MINS 198810110 MINUTES PLANNING COMMISSION OCTOBER 11, 1988 The meeting was called to order at 6:43 p.n. by Cha zrman Connolly at Hesse Park Community Building, 29301 Hawthorne Boulevard. PRESENT: Von Hagen, Connolly, McNulty, Wike Commissioner ortolano arrived at 6:48 p.m. ABSENT: None Also present were Director of Environmental Services Robert Benard and Senior Planner Greg Fuz. COMMUNICATIONS Chairman Connolly reported that two communications were received regarding paving and regarding the Miraleste School. Director of Envinmental Services Benard reported that Staff will respond to these issues in conjunction with the Department of Public Works. Chairman Connolly also reported that the Commission was invited to the Seaview Homeowners Association picnic. Chairman Connolly said that communications regarding Item VIII would be dealt with at the time that -agenda item was heard. SPECIAL CALENDAR ITEM Miscellaneous Tract No. 40640 Director of Environmental Tim Burrell Services Benard presented the Lunada Pointe Staff Report in the absence of Assistant Planner Laurie Brigham, and noted that the applicant is concerned with five specific conditions of approval: Height restriction of solid walls in the side yard setback, the height of accessory structures, side yard setbacks, roof pitch and lot coverage requirements. Chairman Connolly requested that the first page of the Staff Report be changed to read: "A 6 foot solid wall on the side property line would impact this diagonal view." Riyhard Collins, 14 Eapty Saddle Road, owner in escrow of lot No. 9, said he concurred with the Staff's findings that a six foot wall would not impair views, but he believed that the 42 inch high property wall was not equitable. He also noted that the Minutes October 11, 1988 Page Two party wall was not included in the Staff's definitions under Item 3E of the Conditional Use Permit. Commissioner Ortolano inquired about the procedure for noticing requirements as they relate to miscellaneous hearings for conditions under the Conditional Use Permit, and whether the conditions can be interpreted without renoticing. Director of Environmental Services Benard explained the intent of the miscellaneous hearing process and noted that Mr. Burrell had requested the Miscellaneous Hearing in order to clarify the intent of the Conditional Use Permit and Tentative Tract conditions of approval. He added that Staff and the applicant have agreed on certain issues, but a difference of opinion still exists in the interpretation of accessory structures. Tim Burrell, 4803 Exultant Drive, the applicant, noted that he disagreed with the Staff interpretation of the architectural aesthetics of accessory structures, and requested flexibility in the building envelope concept. Commissioner Ortolano stated that the appropriate direction for Mr. Burrell would be to apply for a variance if he does not agree with the Staff's interpretation of the Conditions of Approval for Tract No. 40640. It was her opinion that the item should not be reheard without being renoticed, but she requested that a legal opinion by the City Attorney be obtained so the appropriate course of action can be pursued. Director of Environmental Services Benard read the code section covering Residential Planned Developments with regard to the appropriateness of the Director in making certain approvals and/or modifications to the Plan. He noted that the Code does not require opening the C.U.P. if interpretation of the condition is required. Notion was made by Commissioner ortolan and seconded by Commissioner hike to affirm the Director's interpretation of the Conditions of Approval regrding the side yard wall heights for Tract No. 40640. Notion passed 3-2. Commissioners Von Hagen and McNulty dissented. Mr. Burrell reviewed the ways the side yard setbacks can be measured. Mr. Benard indicated that he had no objections to Mr. Burrell's interpretation of side yard setbacks, and commented that specific designs of roof pitches will be responded to once a schematic has been obtained. Minutes October 11, 1988 Page Three John Schoenfeld, 30565 Rue Langlois, owner in escrow of lot No. 19, reviewed the condition in the C.U.P. dealing with lot coverage, and noted that there is a conflict as to whether to subject a 20,000 square foot lot to 250 lot coverage. He added that this issue was resolved by a previous Planning Department staff. Director of Environmental Services Benard clarified the significance of the reduction of open space if the envelopes were build on as designated, and noted that the Development Code standard was a controlling and appropriate condition. Mr. Burrell then distributed copies of a Tentative Tract Map which indicated total buildable areas available to each individual homeowner, and addressed the open space requirement as it relates to issues within the building envelope approach. Director of Environmental Services Benard commented that he would not accept Mr. Burrel's interpretation of a buildable area equating to lot coverage because of the uniqueness of this development. He also said that there is no evidence in the official record of any interpretation other than of 255 open space. Mr. Benard added that the CC&Rs are approved relative to specific conditions in the Tentative Tract Map and those conditions should not violate the lot coverage requirement. Motion was made by Commissioner Ortolan and seconded by Commissioner Xike to reaffirm Staff's interpretation of the Conditions of Approval for Tract No. 40650 with regard to lot coverage requirements. Notion passed 4-1. Commissioner McNulty dissented. San Arafeb, P.O. Box 2798, owner in excrow of lot No. 24, requested that this issue be resolved reasonably fast in order to eliminate the need for excessive time and funds to be spent by the property owners. CONSENT CALENDAR Minutes of August 23, 1988 Resolution No. 88 Commissioner Ortolano Certifying EZR No. 28 and abstained from participating Approving C.U.P. No. 130 and in this item. Grading Application No. 1061 for a Residential Planned Commissioner Ortolano Development along the 6500 requested that this item be Block of Palos Verdes removed from the Consent Drive South Calendar and placed at the end of the agenda. Minutes October 11, 1988 Page Four Resolution No. 88 Recommending Certification of EIR No. 28 and Approval of Tentative Tract Map No 45667 for Watt Palos Verdes, Inc. located at 6500 Block of Palos Verdes Drive South 11 Commissioner Von Hagen abstained from participating in this item. Commissioner Ortolano requested that this item be removed from the Consent Calendar and placed on the agenda after Item B above. Resolution No. 88- Commissioner Wike requested Approving Appeal of Height that this item be removed Variation No. 494 from the Consent Calendar and 4380 Dauntless placed at the end of the agenda. CUP No. 1 - Revision 26231 Silver Spur Road Motion was made by Commissioner McNulty and seconded by Commissioner hike to approve the Consent Calendar with the exception of Items B, C and D. Motion unanimously passed. CONTINUED BUSINESS Site Plan Review No. 3936 2175 Rockinghorse Motion was made by Commissioner McNulty and seconded by Commissioner hike to continue this item to November 9, 1988. Motion unanimously passed. PUBLIC HEARINGS Conditional Use Permit No. 141 Draft Negative Declaration for Environmental Assessment No. 558 28041 Hawthorne Boulevard Senior Planner Greg Fuz presented the Staff Report and noted that the requested action is to allow 24 hour operation to continue with no change in existing staff levels at the 7 -Eleven convenience store. Mr. Fuz said that when notified that enforcement of certain provisions of the City's convenience store ordinance was imminent, the Southland Corporation, the store operator and property owner applied for a Conditional Use Permit to request a waiver of some of the provisions, specifically requesting the benefit of full 24 hour operation without bearing the burden of Minutes 0 October 11, 1988 Page Five conforming to the operation and development controls established by the convenience store ordinance to protect adjacent residents. Mr. Fuz added that the economic considerations presented by the applicant are not insignificant, and although the Southland Corporation is to be commended for taking measures to improve the operation, these measures do not ensure that impacts, such as noise and glare, between the hours of 11:00 p.m. and 6:00 a.m., will be minimized. Mr. Fuz also said that notices of the public hearing were sent to residents within a 500 foot radius of the 7 -Eleven Store, and a notice was published in the Peninsula News. Chairman Connolly opened the public hearing. Chris Ferraris, 120 S. State College Boulevard, Brea, representing the Southland Corporation, noted that it has always been the intent of 7 -Eleven to provide a service to the community, and he reviewed the Staff's concerns with regard to maintenance, security, noise and glare. He announced that the Southland Corporation has a telephone hotline for patron service complaints, and no such complaints have been received from this particular store from the residents in the area. Mr. Ferraris also indicated that his statistics show that crimes are decreasing in 7 -Eleven stores, particularly because of the Southland Corporation's loss prevention program. Commissioner McNulty noted some of the negative concerns that have been reported, for example, that the store is frequently used as a "hang-out" by young people. J.D. Greene, 28041 Hawthorne Boulevard, owner of the 7 -Eleven store, reported that no robberies or violent crimes have occurred at the store in the five years that he has been owner. Mr. Greene reviewed the store's staffing, and focused on the economic impact of the ordinance, requesting that Staff consider alternatives and allow him to continue with 24 hour operation. He said he has full cooperation from the Sheriff's department, and does not perceive the issue of the young people as a major problem. Mr. Greene stressed that he has the interest of the community at heart, and should there be any complaints, he would be happy to meet with Staff or the Commission to resolve them. He requested that Staff at least consider the alternative of extending the closing hour to 12:00 Midnight, as opposed to 11:00 p.m., since a significant amount of business is done between 11:00 p.m. and 1:00 a.m. Minutes October 11, 1988 Page Six Sas Arafeh, P.O. Box 2787, whose residence is across the street from the 7 -Eleven store, questioned the volume of business that is conducted at the store between 12:00 Midnight and 6:00 a.m., and urged enforcement to limit the numbers of young people who congregate at the store. Chairman Connolly closed the public hearing. Commissioner McNulty recommended continuance of this item in order to allow Staff to explore alternatives. it was his opinion that the 24 hour operation was appropriate and he stressed that no crimes, of violence have occurre:d.,;�at this: store. Commissioner Ortolano said she supported the code provision, and noted Mr. Greene's right to appeal this issue before the City Council. She requested that this issue be referred to the City Attorney with regard to the proper procedure for modifying the Code. Commissioner Von Hagen concurred with Commissioner McNulty's recommendation to continue this item, and said that a reasonable alternative would be to close the store later than recommended. Commissioner Wike said she was amenable to extending the closing hour to 12:00 Midnight, but was not in favor of recommending alternatives t a 24 hour operation. She also proposed extending the hours on a trial basis, and setting up of a monitoring program. Chairman Connolly said he was not in favor of setting a precedent for relaxing the hours of operation prescribed by the convenience store ordinance. Senior Planner Fuz reviewed the code as written and as it specifically relates to how the Commission may proceed. He noted that alternatives could include: (1) inviting a Sheriff's Department representative to speak to the Commission on crime statistics at the store, (2) Having a staff member monitor the location during the hours in question; and (3) Evaluating the opinions of the residents within a certain radius of the store. Motion was made by Commissioner McNulty and seconded by Commissioner tion Hagen to continue this item to December 13, 1988 for further review and recommendations by the Staff. Motion unanimously passed. A recess was taken from 8:57 p.m. until 9:12 p.m. Minutes October 11, 1988 Page Seven NEW BUSINESS Minor Exception Permit Commissioner Von Hagen No. 286 - Appeal announced that he is a member 27016 Grayslake of the Palos Verdes Amateur Radio Club and is acquainted with Mr. Ordway. Commissioner Wike announced that her husband is a past member of the Palos Verdes Amateur Radio Club. Director of Environmental Services Benard presented the Staff Report and noted that a Minor Exception Permit was approved on July 22, 1988 for a 90 foot ham radio tower. The approval was appealed by Russell Harrison, the neighbor immediately to the rear of the subject property. An analysis conducted by Staff from 24 properties on Finecrest, Grayslake, Flambeau, Waukesha and Whitestone revealed that the proposed antenna would not impact the primary view as defined by the Development Code from any properties within 500 feet of the subject property. Mr. Benard read the appropriate section from the Federal Register Rules and Regulations and noted that F.C.C. Regulations prohibit the City from denying free speech unless there is evidence to show that there would be substantial interference to neighboring facilities relative to views or loss of property values. Chairman Connolly read communications received from the following residents in opposition to the proposed antenna: Muriel Driscoll, 5911 Finecrest Drive Lucien Rochte, on behalf of Dr. G.C. Burns, 5833 Flambeau Nancy and Pat Cheung Einar and Mildred Mathiason, property owners of 27010 Grayslake Road and Kenneth and Tatiana Harvey, 5840 Finecrest. Russell Harrison, 5915 Finecrest Drive, the appellant, addressed the Commission on behalf of the following residents on Finecrest: Kenneth Harvey, the Cheungs, Dr. and Mrs. Richard Cowan, Mrs. Jerry Hines, Dr. W. Shah, Bob Glitzow, and Mr. and Mrs. Stenger. Mr. Harrison reported that the reason he filed the appeal is because the tower would negatively affect views, property values, and neighborhood en- richment. He presented a sketch of the tower as proposed, indicating that it would be a predominant structure and should be rejected as proposed. Mr. Harrison also reviewed several suggestions he received from residents, and urged the Commission to take the entire community into consideration. Minutes October 11, 1988 Page Eight Commissioner Von Hagen reviewed the ordinance for Mr. Harrison's benefit, and noted that there is no evidence that properties are devalued because of the presence of antenna installations. Commissioner Ortolano pointed out that the Planning Commission does not have the power to deny the application. Eldon Hughes, 26951 Whitestone, questioned the wind level tolerance of the structure and requested that Commissioner Von Hagen not parti- cipate in discussions regarding this item. Commissioner Von Hagen stated that he has no conflict of interest in this matter, and he is able to objectively determine if there are any significant view impacts or whether mitigation measures can be applied. He pointed out that the permit is lawful and justifiable and the Commission has limited jurisdiction over the application. Robert Kasell, 6021 Mossbank Drive, also requested that Commissioner Von Hagen disqualify himself from participating in this item, and asked for reconsideration of the tower because property values would be lowered and because it is a safety hazard. George Kacirek, 27016 Whitestone Road, Echoed the request for Commissioner Von Hagen to remove himself from participating in this item. Robert Knight, 27040 Whitestone Drive, noted that he also objected to the proposed antenna. He reiterated that property values would be negatively affected. Mr. and Mrs. Charles Meredith, 27022 Whitestone Drive, seconded the objections that were previously stated. Ray Carmona, 27028 Whitestone Drive, objected to the height of the tower and requested information on the mode of transmission. Lucien Rochte, 5925 Finecrest Drive, directed his comments to the Staff Report, and noted that a City of Irvine statute exists that denies similar structures. He requested that kitchens be included as view areas, addressed his concern about reduction in property values, and presented an article from the Los Angeles Times regarding the F.C.C.'s opinion on antenna towers. Melinda Barth, 5911 Flambeau Road, noted that the quality of her life would be reduced by the presence of the tower, and requested information on filing an appeal. Minutes October 11, 1988 Page Nine Michael Kendel, 5809 Flambeau Road, also voiced his objections to the installation of the tower, and asked for approval of a structure that can be raised and lowered, or construction in a manner that would be amenable to the entire community. Commissioner Von Hagen pointed out that the provisions of PRB-1 dictate that the Commission may not assign an unnecessary economic burden on an applicant. Jeff Guenther, 26834 Hyte Road, real estate agent, noted the negative effects the structure could have on property values. Marie Dill, 27031 Urayslake Road, said she did not think a 90 foot tower was essential in obtaining worldwide reception, and asked whether consideration had been given to the rock strata where the tower would be placed. She disagreed with the opinion that a telescoping antenna would create an unnecessary burden on Mr. Ordway. Michael Kemps, 26605 Deepbrook Drive, said he owns and operates an emergency communications system in Rancho Palos Verdes and noted the limitations of an antenna of less than 80 feet. He was in agreement with the Staff recommendation. Brian Winchell, 2901 Via Alvarado, also agreed with the Staff recommendation, and stressed the importance and benefits of ham radio operators to residents of the Peninsula. Walter Ordway, 27016 Grayslake, the applicant, commented on the importance of the tower for reception and performance. Mr. Ordway said he would not object to maintaining the antenna in a galvanized gray color, nor would he object to p_urchasinq an antenna thatcouldbe cranked up and down.. Terry Petty, 5909 Flambeau Road, was opposed to the tower, and questioned the legality of its construction. Notion was made by Commissioner Ortolano and seconded by Commissioner Wike to approve the application for Minor Exception Permit No. 286 with the condition that the tower be of the crank up -down type, and that it be kept in the down position when not in actual use. In discussing the motion, Commissioner Von Hagen said the issue that is most important is whether significant view impairment exists, and only then can the crank feature be imposed. He felt that the motion would be difficult to enforce. Commissioner Ortolano disagreed that the view impacts could only be considered from the areas identified in the Staff Report. Commissioner Wike said she agreed with the condition requiring the tower to be cranked up and down. Minutes October 11, 1988 Page Ten Commissioner McNulty noted that the Federal Government has stipulated that a person cannot be denied the right to erect such a tower, and he did not agree that the tower represented a significant view impairment. Chairman Connolly said he empathized with Mr. Ordway's neighbors, and reminded the audience that the decision can be appealed. He con- curred with Commissioner Ortolano's recommendation for a crank up - down mechanism. Commissioner Von Hagen said he believed the visual impact would be less with a 90 foot antenna than with a 45 foot antenna. Director of Environmental Services Benard noted that the crank up -down provision should also carry an established nesting height. The commission directed Staff to research and prepare an appropriately conditioned Resolution and bring it back to the next meeting. Motion passed 3-2. Commissioners McNulty and Von Hagen dissented. The following items were removed from the Consent Calendar for hearing at this time: Resolution No. 88 Height Variation No. 494 4380 Dauntless Motion was made by Commissioner Vike and seconded by Commissioner McNulty to include a deed restriction to prohibit conversion to a second dwelling unit. Motion unanimously passed. COMMISSION REPORTS Commissioner Von Hagen reported that he had not yet communicated with Mrs. Negendank regarding the Commissioners dinner to be held in her honor. STAFF REPORTS Senior Planner Greg Fuz discussed the date for the next Workshop on Specific Plan 7 and 8. It was decided that the Workshop will be held on either Tuesday, November 1 or Wednesday, November 2. Resolution No. 88 Certifying EIR No. 28 and Approving CUP No. 130 and Grading Application No. 1061 for a Residential Planned Development along the 6500 Block of Palos Verdes Dr. So. Commissioner Von Hagen excused himself from discussions on this item at 11:05 p.m. for his previously stated conflict. Minutes October 11, 1 Page Eleven ow r commissioner Ortolano requested clarification of Page Four, Exhibit "A", C.U.P. No. 130, Item No. 4. Director of Environmental services Benard explained that this conditions have been reformatted and this condition was imposed to facilitate expeditious movement of earth from the site so it can be quickly deposited in a local area. Commissioner Ortolano requested clarification of Page Five, Exhibit "A", C.U.P. No. 130, Item No. 3. Director of Environmental Services Benard said the language in this condition will be made consistent with other guarantees of substantial completion. Commissioner Ortolano requested clarification of Page Five, Exhibit "A", C.U.P. No. 130, Item No. 2a. Director of Environmental Services Benard said the words "or equal" will be deleted from this condition. For Commissioner Ortolano's benefit, Director of Environmental Services clarified Item No. 21 on Page Six, Exhibit "A", C.U.P. No. 130, and explained that this requirement does not include public trails. Mr. Benard also clarified the lot coverage condition on Page 8, Item No. 2. Mr. Benard also said that the word "bond" will be added to Page 7, Item No. 2, Exhibit "A", Tentative Tract Map 45667 Conditions of Approval, he clarified Item No. 3 on Page Nine. Resolution No. 88 Recommending Certification of EIR No. 28 and Approval of Tentative Tract Map No. for Watt Palos Verdes, Inc., located at 6500 Block of Palos Verdes Drive South Commissioner Ortolano requested the deletion of Item No. 3, Page Four, Exhibit "B", EIR No. 28, and made the following amendment to Page 4 of the minutes of September 27, 1988 Move Paragraph 4 ahead of Paragraph 3 and substitute the words "in response to" instead of "in anticipation of" in Paragraph 4. Commissioner Wyke reaffirmed her objections to the Resolution and asked to register a protest to the project. Motion was made by Commissioner Ortolano and seconded by Commissioner McNulty to approve the two Resolutions on the Consent Calendar as amended. Motion passed 3-1. Commissioner Wike dissented. ADJOURNMENT The meeting was duly adjourned at 11:35 p.m. to October 25, 1988, 7:30 p.m. at Hesse Parr. Community Building.