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PC MINS 19890725MINUTES PLANNING COMMISSION MEETING JULY 25, 1989 The meeting was called to order at 7:35 p.m. by Chairperson Wike at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT: Connolly, Von Hagen, McNulty, Wike ABSENT: Ortolano Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Associate Planner Laurie Brigham, Associate Planner Carolynn Petru, Associate Planner Joel Rojas, Assistant Planner Lisa Marie Breisacher and Assistant Planner Bonnie Olson. COMMUNICATIONS Chairperson Wike requested changes be made to the agenda as to the order. Continued Business Item A. Conditional Use Permit No. 132- Extension Reconsider Hearing to be moved as first item to be heard after the Consent Calendar. New Business Item A. Height Variation No. 573 - Appeal is to directly follow. Motion was made to approve these changes. CONSENT CALENDAR A. Minutes of June 13, 1989 B. C. Motion was made by Commissioner Connolly and seconded by Commissioner McNulty to approve the minutes. Unanimously passed. Minutes of June 27, 1989 Chairperson Wike requested in the future to record names of Commissioner making motion and seconding motion. Also it should be noted when Commissioner Von Hagen departed the meeting. Motion was made by Commissioner Connolly and seconded by Commissioner McNulty to approve the minutes as amended. Unanimously passed. VARIANCE NO. 238 P.C. Resolution No. 89-39 4222 Exultant Drive to allow a garage addition that encroaches 12 feet into the 20 foot front setback. Planning Commisso Minutes July 25, 1989 i Motion was made by Commissioner Connolly and seconded by Commissioner McNulty to adopt P.C. Resolution No. 89-39. Unanimously passed. CONTINUED BUSINESS A. CONDITIONAL USE PERMIT NO. 132 - EXTENSION RECONSIDER HEARING Palos Verdes Peninsula Unified School District 6245 Via Canada Director of Environmental Services Benard requested this stem precede the Public Hearing due to the fact Director of Recreation and Parks Mary Thomas was present to speak. Commissioner Von Hagen requested the staff report be waived. Environmental Services Director Benard stated there had been negotiations between the City and Palos Verdes Unified School District regarding this site, and Mary Thomas, the Director of Recreation and Parks is present to speak on these negotiations. The staff report has been revised, and she was asking the Commission to reconsider their previous action. The City Attorney has advised there needs to be a motion from one of the Commissioners voting in the majority the last meeting to reconsider this item. If the vote to reconsider is adopted by a maaority, the staff needs to do a full noticing to bring this item back to the Commission. Mary Thomas, Director of Recreation and Parks, requested a reconsideration on this item as the site is being considered as parkland. She stated the City is currently conducting discussions with the Palos Verdes Unified School District in regard to acquiring the Miraleste Elementary School property as City parkland. She stated that Palos Verdes Homes Association may be willing to transfer the deed to the City of Rancho Palos Verdes to operate as a City park with zero cost to the City. Director Thomas also stated the tenants currently occupying the property are generating $43,000 per year in revenues which would be advantageous to the City to have these tenants remain while the negotiations are being made as to what type of park is to be built and whether or not to keep or demolish the existing buildings. It is anticipated by staff there will be a recommendation available to Council within 30 days. Cheryl Caughlin, 6412 Via Canada, stated she had concern with Section 3 of the Resolution "There will be no adverse effect upon adjacent properties as the project has been conditioned to mitigate any adverse impacts, and the uses are similar to the previous elementary school use. She felt the request to allow multiple private uses would have adverse effects. She was more in favor of a park site. Planning Commissiw Minutes July 25, 1989 • Sherry Unmack, 4004 Miraleste Drive, was against a six month extension. She wanted the site to be returned to the community for community use. Wendy Harper, 2719 Coral Ridge Road, stated she was against the six month extension and was requesting immediate action. She also stated that she would be in favor of a park site. Chairperson Wike asked the Director of Environmental Services if the City does not acquire the site as park land could this item come before the Planning Commission immediately. Director of Environmental Services Benard explained that the vote to reconsider this stem directs staff to notice for a new Public Hearing which could be scheduled as early as August 22, 1989. This item would be fully noticed with options as requested by the Commission. He stated the first issue to act on was to confirm the Resolution or reconsider the item and scheduling to a new hearing date. Ken Holt, 6201 Picardie Road, stated his concerns as to the present problem of Go -Carts, hockey players, lack of maintenance. He also stated that he would like to see tenants on the site to be more community oriented. Motion was made by Commissioner Von Hagen and seconded by Commissioner Connolly to reconsider and set date for 8122189. Unanimously passed. NEW BUSINESS A. Height Variation No. 573 - Appeal 27421 Elmbridge Environmental Services Director Benard stated he had received letters from six interested parties requesting this item be heard on October 24, 1989 rather than September 26, 1989. Mike and Karen Neuman, the applicants, are requesting the item to be heard on September 26, 1989. Frank C. Weage, 4876 Brown Deer Lane, resides in the area, stated he would not be available for the September 26, 1989 meeting. Chairperson Wike recommended staff reschedule the application to the earliest mutually acceptable date. Commissioner Von Hagen made a motion to continue the application and seconded by Commissioner McNulty. Unanimously passed. Page 3 Planning CommissiO Minutes • July 25, 1989 PUBLIC HEARINGS A. Variance No. 235, Commissioner Von Hagen made a Coastal Permit No. 71 motion to waive the staff 203 Seascape report. Motion was seconded by Commissioner McNulty. Environmental Services Director Benard stated the permits on the spa should be dealt with independently and through Environmental Services Code Enforcement Staff. Chairperson Wike asked if the applicant had made any changes. Assistant Planner Bonnie Olson stated the applicant is proposing 245 square feet of new floor area and an additional 94 square feet of deck for a total of 339 square feet of additional structure. The deck is considered to be an additional structure since it is more than 30 inches above grade and requires building permits. She stated that staff felt the four foot six inch deck extension over an extreme slope was excessive since it was in excess of the 250 square foot limit for lots seaward of the coastal setback line. Commissioner NcNulty questioned why the brick patio area was referred to as "a brick deck area". He felt it should be called a "patio -open area". Chairperson Wike opened the Public Hearing. William Hassoldt, 203 Seascape, stated his plans with easement rights and changes of the deck extending 4' 6" over the extreme slope had been approved by the Portuguese Bend Homeowners Association. He also stated that there was no visual impact or hazard to the slope or detriment to the area. He requested approval of the project. Commissioner Von Hagen questioned the need for a Variance. Environmental Services Director Benard stated that because the property is seaward of the Coastal Setback Line the maximum for an addition is 250 square feet. Commissioner McNulty stated he felt the 94 square feet was not a big issue and would not be detrimental and would not adversely impact the views or privacy of surrounding properties. He also stated he would be prepared to make a motion to approve the Variance. Commissioner Connolly made a motion to approve the Coastal Permit and Variance to permit the 245 square foot addition to the residence and deny the deck over the extreme slope as conditioned in Exhibit "A" which states the requirement for a geology/soils report. Commissioner Von Hagen seconded the motion. Motion passed 3-1 (Commissioner McNulty dissenting). Page 4 Planning Commissi* Minutes July 25, 1989 B. Zone Change No. 18, Associate Planner Carolynn Coastal Permit No. 70, Petru presented the staff Environmental Assessment report for the request for No. 506 an adjustment to the Coastal Southwest Corner of PVDS Setback Line approximately 40 and Yacht Harbor Dr. feet seaward of its present location gaining 1.6 acres of land for the proposed development by Transamerica Realty Services. She stated the project does not propose to change the residential use or allowable density, but that the realignment of the Coastal Setback Line may in effect permit more lots to be created through a subsequent subdivision application. Staff's recommendation is to approve the Coastal Permit and recommend approval of the Zone Change to the City Council. Chairperson Wike opened the Public Hearing. Bruce K. Arita, 877 Production Place, Newport Beach, CA. Mr. Arita, Architect for the project, stated that the Geotechnical Committee's findings substantiate the Coastal Setback Line can be moved and the Zone Change is the proper mechanism to move this line. Associate Planner Petru discussed the City Geologist's recommendation for installing ground water monitoring devices and installation of proper drainage devices as part of any future development application approval. Commissioner Von Hagen asked what would changes would occur if these applications passed. Environmental Services Director Benard stated that the Planning Commission was not being asked to approve any development but only to make a recommendation to City Council for a rezoning. Edward Zaelke, 445 S. Figueroa St., 31st Floor, L.A. 90071, attorney for Transamerica Realty Services, stated that the density will not be increased with the 1.6 acres. He also stated that dust the amount of land being built on would be increased. Gale Lovrich, 104 Spindrift Dr., Manager for the Portuguese Bend Club, stated she was in favor of the change, was assured that there would not be increased density and that she was in favor of the Single Family Residences being proposed. John M. McCarthy, 105 Spindrift Dr., President of the Portuguese Bend Homeowners Association, stated he was in favor of moving the Coastal Setback Line. He also questioned the warding in Section 3 of the Resolution referring to public access. Page 5 Planning Commiss o Minutes July 25, 1989 • Director Benard advised Mr. McCarthy that the issue of public access would have to be reviewed by the City Attorney because it is a required finding for the Coastal Permit. Cathy French, 4235 Palos Verdes Drive South, stated her opposition due to the following reasons: 1) Impact on land; 2) stability (moratorium, geology reports, etc.); and 3) large scale development in area. Betty M. Jones, 4225 Palos Verdes Drive South, stated her opposition due to the additional 1.6 acres which she felt would increase density. She was also concerned regarding issues of stability and view impact. Commissioner McNulty moved to close the Public Hearing with Commissioner Von Hagen seconding the motion. Chairperson Wike stated two concerns: 1) High density; and 2) Bing Yen & Associates letter of May 25, 1989 in regards to maintenance of groundwater levels. Commissioner Von Hagen made a motion to approve the Coastal Permit and recommend approval of the Zone Change to the City Council. Seconded by Commissioner McNulty. Unanimously passed. Environmental Services Director Benard explained that the Commission's action is to forward a recommendation to City Council where a final decision would be made. However, he indicated that an appeal of this decision to recommend could be made to Council and any interested party should get in touch with Ms. Petru in regard to this. A 5 minute recess was taken. C. Variance No. 234 1 Headland Drive Assistant Planner Lisa Breisacher presented the staff report requesting denial of the Variance and requiring redesign of the proposed wall to be no higher than 42" within the street side setback and 30" within the visibility triangle as prescribed by Code. Commissioner Von Hagen stated there are trail easements along the property line along the street. Commissioner Connolly questioned how did the traffic sign get placed with the wording "THIS IS NOT A THROUGH STREET". Planning Commiss * Minutes July 25, 1989 Environmental Services Director Benard will speak to Public Works Department concerning this matter. Chairperson Wike opened the Public Hearing. Elizabeth Lam, 1 Headland Drive, (landowner) requested approval of the 8 foot solid wall within the street side setback to keep out noise of the heavy traffic, keep out transients and keep her five children safely in their yard. Faiweala Banks, 2 Headland Drive, requested approval of the wall/fence to keep out transients and keep down noise level of passing traffic. Commissioner Connolly stated he felt the wall would be out of character with other homes in the area. Commissioner McNulty stated he felt part of the problem with transients and parking is due to a nearby convent which caters to the needy. He also reinforced the City Code prohibiting solid walls and stated he felt an 8 foot solid wall was not appropriate. Frank Politeo, 809 S. Gaffey, San Pedro, (architect) requested approval of the wall for reasons of noise abatement. Commissioner McNulty made a motion to continue the Public Hearing on this item to August 8, 1989 in order to research issue concerning trail easement. Unanimously passed. D. Conditional Use Permit Environmental Services Director No. 23 Revision "GG", Benard stated that the Grading No. 1195, applicant and architect have Extreme Slope No. 14 requested this item be 3239 Palos Verdes Drive S. continued to the meeting of August 22, 1989. Motion was made and seconded to continue this item to August 22, 1989. Unanimously passed. CONTINUED BUSINESS B. Site Plan Review No. 4934 Associate Planner Joel Rojas 27809 Longhill presented the staff report recommending denial of the applicant's request and directing the applicant to reduce the satellite dish to a height of 16 feet above grade as originally approved. Mr. Rojas also stated that based on a site analysis, staff has determined that the existing 24 foot satellite dish antenna is visible from the public right-of-way and from eight private properties, two of which suffer partial view Planning Commiss 4 Minutes July 25, 1989 • impairment. Staff found no evidence that lowering the satellite dish to the allowable height of 16 feet would interfere with adequate signal reception. Bennett B. Cohen, 1880 Century Park East #1400, L.A., (attorney for applicant) stated that he was representing the applicant due to the fact the applicant did not wish to address the Commission. He stated there was a unique situation in that the applicant was not aware of a height restriction on the original approval and that the applicant felt he had complied with all terms. He also informed the Commission that Dial One had estimated a charge of $1400 - $1500 to take down and reposition the antenna and if repositioned or lowered it would interfere with the signal reception. Commissioner Von Hagen explained that satellite dish antennas are regulated by the FCC and that no action can be taken by staff in regards to keeping the dish at the present height and location unless a report is presented to the Commission by a licensed technician substantiating that no alternative location is available which would provide reasonable signal reception. He also stated that the approved height is 16 feet and the as -built height is 24 feet. Commissioner McNulty also reiterated that without a technician's report no appropriate action can be taken on this issue. Chairperson Wike asked if this was the original antenna and if there had been a change in the height of the antenna. Theodore Haggstrom, landowner, stated it was lowered 2 feet with a new dish and was permitted and inspected by the City. Environmental Services Director Benard stated there was no evidence of building permits in the file for this antenna. Commissioner McNulty made a motion to continue the item until August 22, 1989 when a report is available from a technician. Commissioner Von Hagen seconded the motion. Unanimously passed. QUESTIONS FROM THE AUDIENCE REPORTS ADJOURNMENT No questions from the audience. Commissioner Connolly has resigned from the Planning Commission and this was his last meeting. The Commission commended him on outstanding participation. The meeting was duly adjourned at 10:40 p.m. Page 8