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PC MINS 19890214MINUTES PLANNING COMMISSION MEETING FEBRUARY 14, 1989 The meeting was called to order at 7:34 p.m. by Chairperson Wike at Fred Hesse Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes. PRESENT: Von Hagen, Wike, McNulty, Ortolano, Connolly Also present were Director of Environmental Services Robert Benard, Senior Planner Greg Fuz, Assistant Planner Laurie Brigham, Assistant Planner Bonnie Olson and Assistant Director of Public Works Kevin Smith. COMMUNICATIONS: Director of Environmental Services Benard noted that communication had been received and distributed to the Commission from Connie Lufkin relative the Coastal Permit No. 65 appeal, Item 5E. Further, that a flyer was received and distributed relative the Southwest Area Planning Council. Chairperson Wike noted that no other communication had been received. CONSENT CALENDAR: Minutes of January 11, 1989 The minutes of the meeting held January 11, 1989, were approved as submitted, with Commissioner Connolly abstaining (due to his absence at that meeting). Planning Commission Meeting Minutes February 14, 1989 Page 2 PUBLIC HEARINGS Conditional Use Permit No. 138 Variance No. 205 Grading No. 1101 Environmental Assessment No. 552 The Staff report on this item was waived. In response to Chairperson Wike I s request, Senior Planner Fuz requested a sense of whether the Planning Commission agrees with Staff's recommendation to conditionally approve the project based on the latest revision, and also, if they had any comments or direction on conditions of approval. Mr. Fuz noted that the applicant has given a verbal authorization to extend the time limit on the application to the next meeting and that a written confirmation was expected at the meeting. It was also noted that the applicant did not intend to redesign to a single story building. They redesigned to lower the maximum height of the building so that it is less than 5 feet above the pad level of the upsloped Villa Capri Town Homes but will not lower it anymore. Commissioner Ortolano requested information on the height of the proposed two story building. Mr. Fuz stated that it will be at an elevation of 2641, which is approximately 261 above the average elevation at the front of the building and will be less than 51 above the pad elevation of the Villa Capri Townhomes that are upslope from the property. In response to Commissioner Ortolano's question relative to primary view, Mr. Fuz noted that the proposed building would interfere with the ocean view from the ground floor of the five homes behind the building. Planning commission Meeting Minutes February 14, 1989 Page 3 Commissioner Von Hagen questioned if the elevations that were being addressed in this staff report were correct. Mr. Fuz confirmed that these were the correct elevations. Commissioner Connolly questioned the number of parking spaces proposed and the reason for the seemingly excessive amount of spaces requested by the applicant. Mr. Fuz stated that the applicant's parking calculations were based on gross area while Staff's calculations are based on estimaa-ted ".-leaseable area. Mr. Fuz also noted that additional spaces could allow the building to accommodate future restaurant use if a cup revision - -is approved. Commissioner Ortolano stated that she believed that a two story building , would eliminate most of the view. Mr. Fuz responded that strictly speaking, per the development code standards for a commercial project, that view isn't the only factor to consider when establishing allowable building height. - k %, .1 Chairperson Wike stated that she visited the Villa Capri units prior to the hearing and noted that to consider a two story building. for this project and not consider view from the new condominiums,iis very inappropriate as it would eliminate the near ocean view and does not favor or support a second story for this project. Chairperson Wike opened the public hearing. Mr. Benard stated that the applicant had indicated that he could not attend the meeting. Kenneth Creal, 220 South Pacific Coast Highway, representing E.S. Developers, as well as the five homeowners that are currently on escrow for the new Villa Capri Townhomes, stated that the Commission had said everything that needed to be said and that he wanted to reiterate the objections of the five prespective homeowners immediately upslope from the proposed project. Commissioner McNulty questioned whether anyone had informed the prospective homeowners that commercial development was possible in front of them. Mr. Creal wasn't aware whether they had or not, since that was a marketing aspect which he is not associated with. A brief discussion ensued regarding height requirements for commercial and non-commercial uses. Chairperson Wike closed the public hearing. Motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to grant the applicant the requested continuance until February 28th. Planning Commission Meeting Minutes February 14, 1989 Page 4 Discussion was called by Commissioner Connolly who questioned if a decision would be forced on the Commission at that time if a continuance was granted. Mr. Fuz confirmed that a decision would be forced. Mr. Benard explained that the Commission is operating on a time extension that was granted in January that would allow the Commission to process this on January 24th. He noted that the item was continued on the 24th to allow the applicant more time, and it was continued until this meeting again because the applicant did not have plans ready for review. Upon verfication, Mr. Fuz stated that the written extension had not been received as of this evening as stated by the applicant and that the City is operating on a verbal time extension because the letter orginally submitted refers specifically to January 24th. Mr. Connolly inquired if by virtue of not receiving a notification in writing, would the project be automatically approved. Mr. Benard stated that the project is never automaticaly approved, although the applicant may have that claim by law. Mr. Benard stated that Staff had originally submitted a resolution for denial to the Commission but that this recommendation changed to conditional approval when the latest revisions were proposed by the applicant. However, Mr. Benard noted that the recommendation of conditional approval was subject to receipt of a valid time extension from the applicant. Commissioner Von Hagen requested to repeal his second to the motion. Commissioner McNulty removed his motion from the floor. Motion was made by Commissioner Connolly and seconded by Commissioner McNulty to deny the project without prejudice. Motion unanimously passed. Conditional Use Permit No. 144 Environmental Assessment No. 563 Variance No. 224 The Staff report was waived. Chairperson Wike opened the public hearing. There was no one to speak to the item. A motion was made by Commissioner Connolly and seconded by Commissioner Von Hagen to continue the public hearing until February 28, 1989. Passed unanimously. • Planning Commission Meeting Minutes February 14, 1989 Page 5 Variance No. 228 3335 Palo Vista The Staff report was waived. Assistant Planner Marcia Smith noted that there was one correction. She stated that page 3 - second paragraph, lines 6 and 7, should read "The height of the roof was 1 to 7 inches above the approved height of the roof..." instead of "...the roof was 17 inches above the approved height..." There was no one to speak to the item. Motion was made by Commissioner McNulty and seconded by Commissioner Connolly to approve the project with conditions per Staff's recommendation. Commissioner Ortolano called for discussion. Commissioner Ortolano requested if a landscaping covenant and a fencing plan could be a part of the variance. Mr. Benard stated that the original approval on the conditional use permit revision had that language and is still in effect. Chairperson Wike stated that there was a motion and a second on the floor and asked for a vote. motion unanimously passed. Conditional Use Permit 143 Environmental Assessment No. 562 Associate Planner Laurie Brigham presented the Staff Report and noted that the applicant is requesting approval of a roving field archery range on the vacant quarry site off of Forrestal Drive adjacent to the Ladera Linda Community Center. Planning Commission Meeting Minutes February 14, 1989 Page 6 Ms. Brigham stated that Staff's main concern with the project is that the Recreation and Parks Department has an agreement with the property owner to utilize the site for a "Discovery" educational program. Due to the conflicts with the existing uses on the site, because the two users would randomly use the site and it would be difficult to schedule the two uses together, Staff recommends denial of the project. Ms. Brigham added that it is Staff's belief that the Discovery Program is the best use of this site due to the year round water and abuundance of wildlife and vegetation. The applicant is reviewing alternative locations for the Archery range. Ms. Brigham emphasized that the denial of this conditional Use Permit application will in no way affect the review of a revised application. Chairperson Wike opened the public hearing Bob Pinkerton, 6364 Lewis Avenue, Long Beach, represented the South Bay Archery Club in its request for the field on the quarry site. Mr. Pinkerton requested a continuance to investigate other options. Mr. Pinkerton also stated that if there are no other options open, he would be willing to make concessions. Chairperson Wike closed the public hearing. Commissioner Ortolano stated that Mr. Hon has permitted the City to use his property for chaperoned educational walks, which is the extent of his permission. The Staff report is treating this property like park land. The City cannot deny him the use of the property for the reason that we have park and recreational use and that our free use is incompatible with his proprietory use. She continued that if Staff's recommendation was because of safety reasons, that was a different issue. She stated that she is familiar with that property and believes that this terrain would be suitable for an archery club. Mr. Benard stated that when the property was taken over by the Hon Corporation there were certain representations of use that existed and that continued on. It was Mr. Hon's desire to be as cooperative as he could to make this property as available as possible, and that the recommendation for denial of this use was made with the concurrance of the Hon Company. Commissioner Von Hagen was also concerned with the uses of the property and stated that Commissioner Ortolano's comments were well taken. Planning Commission Meeting Minutes February 14, 1989 Page 7 Motion was made by Commissioner McNulty and seconded by Commissioner Connolly to table the item until the applicant has reviewed the alternative locations and is able to submit a revised Conditional Use Permit application. Motion passed 4 to 1. Commissioner Ortolan dissented. Coastal Permit No. 65 Appeal Chairperson Wike stated that communication had been received from Connie Lufkin stating opposition to the appeal Senior Planner Fuz presented the Staff Report and noted that this is an appeal to overturn the Hearing Officer's approval of a Coastal Permit for shoreline improvements at the base of the toe berm in Portuguese Bend. Mr. Fuz added that the Commission's role is to review the appeal and determine whether the Hearing Officer's decisions- should be upheld. Staff's recommendation is that the Commission should r6a-ffirm, the Hearing Officer's decision to approve a coastal permit authorizing installation of gabions along approximately 800 feet of shoreline east of Inspiration Point. Mr. Fuz reviewed the findings made by the Hearing Officer and stated that Staff believes that the project conforms to the findings required for approval of a coastal permit. Chairperson Wike opened the public hearing. Gar Goodson,' 1709 Via Zurita, Palos Verdes Estates, stated that he continuesto appeal the decision to approve the coastal permit because the statements that the project is in conformance with the Coastal Specific Plan and General Plan are inaccurate. He stated that an E.I.R. has not been done on this project. He reported that there are cracks along the bluff which makes this a very dangerous situation to the workmen constructing this project. Mr. Goodson also noted that there was not enough expert input prior to conducting the project. Mr. Benard stated that the project was reviewed and approved in accordance with Development Code requirements. The project was properly investigated and properly designed and that outside agencies were consulted. Mr. Benard also stated that notice was provided which allowed sufficient time for anyone to protest the project and that no such response was received. Mr. Benard stated that Mr. Goodson's statements were incorrect. Planning Commission Meeting Minutes February 14, 1989 Page 8 Lois Knight Larue, 3136 Barkentine Road, informed the Commission that Mr. Goodson is an author of various books on environmental subjects and expressed her disatisfaction with the gabions. She also reported on the amount of movement in this area produced by the bulldozers, and stated that she was horrified by Staff's actions. Commissioner Ortolano, responded to Ms. Larue's comments by noting that her statements were unfounded. Kay Bara, #1 Peppertree Drive, stated that she was not aware of this project prior to its inception and expressed her concern relative to the movement in this area produced by the construction. Ms. Bara recommended that the appeal be granted. Muriel S. Titzler, 3 Ginger Root Lane, stated that anything that can be done to stabilize the Portuguese Bend area is necessary. Ms. Titzler recommended that the appeal be denied. Warren Sweetnam, 7 Top Rail Lane, President, Council of Homeowners' Association, Rancho Palos Verdes, stated that the Council supports the actions that the Redevelopment Agency has taken and feels that the appeal should be denied. Commissioner McNulty inquired if this was the concensus of the members. Mr. Sweetnam responded that there was a vote taken at the last meeting supporting the City's action. John McCarthy, 105 Spindrift Drive, representing the Portuguese Bend Club Homeowners' Association, and the Klondike Canyon Abatement District stated that both bodies believe that the appeal should be denied and are in favor of the project. Mr. McCarthy stated that as far as Klondike is concerned they know that any movement that could possibly take place there is basically caused by what happens in the Portuguese Bend slide area and any work that is done at the toe of the slide will help abate that movement and is helpful to marine life. In response to Commissioner Ortolano's question on the existence of the cracks in question, Mr. McCarthy stated that these cracks have always been there and should not be attributed to the bulldozers being used in the construction. Richard Bara, #1 Peppetree Drive, stated that he was uncertain of his position and inquired what the length of the completed sections of the gabions is at this time and what the total projected length of the project will be when completed. • 0 Planning Commission Meeting Minutes February 14, 1989 Page 9 Assistant Director of Public Works Kevin Smith responded that at this point 750 feet of gabions have been installed, and that 800 feet are expected at the end of the project. Commissioner Ortolano inquired what the emergency was in connection with this project. Mr. Smith stated that the emergency situation was the erosion created by early season storms. Mr. Smith also stated that this was only designed to be a temporary measure until the Corps of Engineers is finished with the report that will allow the City to proceed with a more permanent solution. Lawrence Horan, 28 Narcissa Drive, supported the City's action and recommended denial of the appeal. Alfred Sattler, 2235 West 25th Street, San Pedro, representing the Sierra Club, Palos Verdes -South Bay Group, stated that this should be a lesson for the City in following appropriate process. Mr. Sattler noted the lack of notice of this project. Commissioner Ortolano stated that the record indicates legal notices required were sent out. Gale Lovrich, 104 Spindrift Drive, expressed her support for the gabions and noted that the bulldozers have not disturbed the marine life. William R. Griffin, 5 Ginger Root Lane, representing the Portuguese Bend Community Association, expressed the Board's support for the gabions' construction and requested denial of the appeal. Speaking for himself, Mr. Griffin stated he considers himself an environmentalist and in that aspect also concurs with the City's actions. Chairperson Wike closed the public hearing. In their summary, the Commissioners concluded that sufficient evidence exists to support the findings necessary to approve the coastal permit. Motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to deny the appeal. Passed unanimously. A recess was taken from 9:40 P.M. until 9:55 P.M. • Planning Commission Meeting Minutes February 14, 1989 Page 10 X9) Z io ho 0 Z W:4 Om -ARP WVJ-*5-9 Site Plan Review No. 4734 5014 Silver Arrow • Associate Planner Laurie Brigham presented the Staff Report. Ms. Brigham noted that if the satellite dish were to be relocated and painted to a dark brown or black, the application would satisfy the requirements of Section 17.41.170. Commissioners Von Hagen and Ortolano commended Ms. Brigham on her presentation. Chairperson Wike invited interested parties to speak to the item. Mr. R.D. Wolf, 5014 Silver Arrow, stated he has spent a great deal of time and money in conducting surveys requested of him by the City and does not wish to spend any additional monies or time until a written request by the technician is submitted to him requesting him to move the dish. Motion was made by Commissioner Von Hagen and seconded by Commissioner Connolly to continue the item until March 14, 1989, to allow the technical expert to evaluate the alternative location in writing and to state a definition of degradation. Passed unanimously. NEW BUSINESS Grading No. 1203 21205 Oceanridge Drive Assistant Planner Bonnie Olson submitted the Staff Report. Ms. Olson noted that this project is a request for an after the fact approval for unauthorized grading in an extreme slope. Ms. Olson noted that Staff recommended denial of the project in prohibiting any retaining walls that have a retention of more than 3 feet in height to be placed in an extreme slope. Chairperson Wike invited interested parties to speak to the item. Planning Commission Meeting Minutes February 14, 1989 Page 11 Mr. David Finkel, 29205 Oceanridge Drive, stated that he did not realize that a permit was necessary for the action he has taken, otherwise he would have obtained one. His goal is to provide a confortable living area for his growing family. A motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to approve Staff's recommendation to deny the project and prohibit the retaining walls of greater than three feet or more. Passed unanimously. ADJOURNMENT The meeting was duly adjourned at 10:58 P.M. to February 28, 6:30 P.M., Hesse Park Community Room, 29301 Hawthorne Boulevard.