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PC MINS 19890808Prv 1)1,1 vci MINUTES PLANNING COMMISSION MEETING August 8, 1989 The meeting was called to order at 7:37 p.m. by Chairperson Wike at Fred Hesse Community Park, 29301 Hawthorne Blvd. PRESENT: Hotchkiss, Von Hagen, Wike, McNulty ABSENT: Ortolano Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Senior Planner Greg Fuz, Associate Planner Laurie Brigham, Associate Planner Carolynn Petru, Assistant Planner Lisa Marie Breisacher, Assistant Planner Bonnie Olson and Assistant Planner Mike Patterson. COMMUNICATIONS There were no communications presented. CONSENT CALENDAR A. Minutes of July 11, 1989 Motion was made by Commissioner Von Hagen to approve the minutes with one change. Motion was seconded by Commissioner McNulty, and the minutes were approved as amended 3-0 with Commissioner Hotchkiss abstaining as he was not present at the July 11 meeting. B. RIGHT-OF-WAY VACATION ALONG PALOS VERDES DRIVE EAST AND MIRALESTE DRIVE Commissioner Von Hagen made a motion to adopt the Resolution, and it was seconded by Commissioner McNulty and approved unanimously. PUBLIC HEARINGS A. Variance No. 217, Commissioner Von Hagen made a Revision motion to waive the staff 6343 Villa Rosa report. Motion was seconded by Commissioner McNulty. Ellen Grimes Osborne, 6343 Villa Rosa, spoke in support of her application for a Variance. She detailed her concerns about the delays caused by various problems, and asked for speedy resolution of the request. She also presented a petition and other information to be added to the file, as well as photos and plans. • • PLANNING C©MMISSI©N MINUTES August 8, 1989 Mr. Benard noted that much of the delay and requests for clarification is due to the submission of unprofessional and inaccurately drawn plans. Commissioner Von Hagen moved to adopt Staff Alternative #2, to approve the Variance Revision for a 1'4" garden window encroachment into the front yard setback, and approve a Variance and Grading Revision for a 5'6" retaining wall in the front and side yard setbacks, thereby allowing the existing grapestake fence to remain. Commissioner McNulty seconded the motion. The motion passed 3-0 with Commissioner Hotchkiss abstaining. B. Variance No. 234 1 Headland Drive Commissioner Von Hagen moved to waive reading of the staff report, and Commissioner McNulty seconded the motion. Mrs. Elizabeth Lam, 1 Headland Drive, appealed to the Commission to approve her Variance request for security and insurance reasons. Sunshine, 6 Limetree, representing the Trails Committee, answered Commissioner McNulty's questions regarding the trail at the site, which is proposed for pedestrian as well as equestrian use on both sides of the street, and for any equestrian properties needing off-street trail access. Assistant Planner Breisacher noted that if the applicant erected a 90% light and air fence on the property line, and applied for it through the current Minor Exception Permit on file for their front yard fence, there would be no additional expense to the homeowner. This is an alternative to the 6'0" solid wall setback 10' from the property line streetside, and would provide the safety Mrs. Lam was concerned about. Commissioner Von Hagen moved to deny the Variance, Commissioner McNulty seconded, and the motion was approved 3-0 with Commissioner Hotchkiss abstaining. C. Tentative Parcel Map No. 20945 Grading No. 1272, Draft Negative Declaration for Environmental Assessment No. 577 5985 Clint Place Senior Planner Fuz presented the staff report regarding subdivision of the existing, developed lot into 2 lots. He noted some corrections on the staff report, and also noted that the applicant has withdrawn the Grading Application. Ms. Bonnie Lowe, 304 Tejon Place, PVE, representing South Bay Engineering Corporation, spoke for the applicants. She wanted to see the proposed building and grading line moved slightly to accommodate the second proposed home. Page 2 PLANNING COMMISSION MINUTES August 8, 1989 Mr. Milton Monkeby, 920 Via Del Monte, PVE, owner of the property at 5900 Mossbank, spoke in support of the development. Commissioner McNulty moved to approve the project as recommended by staff. The motion failed for lack of a second. Commissioner Hotchkiss inquired as to whether he had the ability to vote on this matter. Director Benard informed him that he could vote on the project. Commissioner McNulty repeated his proposed motion which was seconded by Commissioner Hotchkiss. Ensuing Commissioner's discussion noted concerns about creating lots with an average slope equal to or exceeding 35% and that this could be a precedent -setting case given the increasing number of hillside lot subdivisions. Commissioner Von Hagen stated that he believed that creation of the proposed parcel with an average slope exceeding 35% may not be consistent with the General Plan. The Commission also discussed the difference between a lot with a "natural" buildable area versus a lot with an artifically created buildable area. NOTE: Chairperson Wike has requested that the following addition be made to these minutes in lieu of the above paragraph; (see attached Commissioner Von Hagen was prepared to continue this item. He was concerned with the interpretation of the General Plan and the implementation of the development plan. The General Plan, Chapter V does not encourage development on slopes exceeding 35%. His question is whether the G.P. is a guideline or has specific parameters and would like staff to take a look at this in light of proper interpretation of the G.P. with respect to applications like this, because we have seen more of this as land becomes more valuable. This could become precedent setting. He asked for a clear cut analysis. Chairperson Wike agreed with Commissioner Von Hagen and stated a number of lot subdivisions are coming in on the hillside and this is where we are running into problems later down the line. Once a legal lot has been created, the law says you must allow them the right to build. Even though there is a buildable lot area we still have the problem of an extreme slope and the G.P. discourages development on extreme slopes. It is city policy and in the G.P. that we control alteration to the natural terrain. This application came in with over 2100 cu.yd. of grading and a 14 ft. cut. Even though staff feels the grading can be reduced and minimized, we have seen lots like this in the past with tremendous views and people want very large homes which creates more grading and more retaining walls; therefore, we should refrain from creating lots on slopes. Commissioner McNulty questioned staff as to where the pad lot came from. Mr. Euz believed the pad was graded when the tract was developed and the existing grade is not the natural grade. Page 3 • PLANNING COMMISSION MINUTES August 8, 1989 Commissioner McNulty withdrew his motion with the concurrence of the seconder. The Commission expressed concern about destruction of natural terrain, and agreed that the Staff and City Attorney's office needed to make a detailed evaluation of the General Plan consisting of the proposed parcel. Commissioner McNulty moved to continue the item. Commissioner Von Hagen seconded, and the motion was carried 4-0. The application is thus tabled for 60 days and all parties concerned will be re - noticed. NOTE: Commissioner Von Hagen commented on the "commercial antenna farm" across the valley from the above -referenced property, and Mr. Benard noted that code -enforcement action on this is planned. D. Tentative Parcel Map No. 20475, Environmental Assessment No. 567, Var. No. 240, Coastal Permit No. 67 6560 PVDS (SE Corner PVDS/Seawolf) Associate Planner Laurie Brigham presented the staff report regarding the subdivision of this .50 acre parcel into two lots and a redesignation of property lines. NOTE: Chairperson Wike has requested the following paragraph be inserted into these minutes: Commissioner Von Hagen asked if there was a former gas station on the site, and have the files for the state indicated any toxicity on the site. Staff indicated that the applicant has already received a letter of clearance from the state. Commissioner McNulty asked if the lot could be lowered because buildings on that pad would stand out because of its high elevation. Chairperson Wike proposed the buildings be limited to single story homes and the land excavated to lower the elevation similar to lots across Sea Wolf Drive. The Commissioners expressed concern over the view impact, and Commissioner McNulty moved without objection to continue this matter to the August 22 meeting for a final decision, unless a time waiver is received from the applicant. CONTINUED BUSINESS There was no continued business. NEW BUSINESS A. Conditional Use Permit Commissioner Von Hagen moved to No. 23 "HH" waive reading of the staff Page 4 PLANNING COMMISSION MINUTES August 8, 1989 Grading No. 1252 32525 Seacliff report and Commissioner McNulty seconded. Commissioner McNulty expressed concern that three stop orders and code enforcement action were ignored by the applicant, who continued the illegal work, reducing his open space to 38% from the allowable 65%. The Commissioners asked Mr. Tam to address these problems. Mr. James Tam, 32525 Seacliff, claimed confusion over the permit process, and also declared that his contractor had never informed him of the various stop work orders. Chairperson Wike noted that the applicant had been before the Commission twice before, presuming knowledge of procedures, and if clarification of such procedures was needed, it should have been requested. Commissioner Von Hagen moved to accept Staff Alternative #3, requesting that a CITY LANDSCAPE COVENANT be added to the staff recommendation by minute order. This was seconded by Commissioner McNulty and approved unanimously. B. Site Plan Review No. 4922 Commissioner Von Hagen moved to 2175 Rockinghorse Road waive reading of the staff report, and Commissioner McNulty seconded. Senior Planner Greg Fuz noted that on Friday August 4, a letter from the applicant had been received requesting a continuance to August 22, since he could not appear at the August 8 meeting. Commissioner Von Hagen said that this matter had been before the Commission too long and that the applicant had been given plenty of notice. The continuation was denied without objection. Mr. Gilbert Alberio, 2177 Rockinghorse Road, spoke in support of the staff's original decision. Commissioner McNulty moved that the staff recommendation be adopted, and it was seconded by Commissioner Von Hagen and approved unanimously. Applicant will be so notified. C. Site Plan Review No. 5030 3470 Newridge Commissioner Von Hagen moved to waive reading of the staff report, and Commissioner McNulty seconded. The staff recommendation to approve the antenna as conditioned was approved without objection. D. Height Variation No. 576 1953 Jaybrook Dr. Commissioner McNulty moved to waive reading of the staff report, and Commissioner Von Hagen seconded. Page 5 PLANNING COMMISSION MINUTES August 8, 1989 Discussion followed regarding possible view impact from 1959 Jaybrook Drive. However in this case, the adjacent property was not concerned about the view over the residence, but rather the view to the north of city lights. Staff recommendation to sustain the appeal and remove the objectionable condition was unanimously approved. E. Variance No. 238 4222 Exultant Mr. Bena the appl Variance Commissioner McNulty moved to waive reading of the staff report, and Commissioner Von Hagen seconded. d noted that this matter is before the Commission because cant failed to appeal a Commission condition on his Application regarding no eave projections. Chairperson Wike expressed support for the staff recommendation finding that no eave projection into the front yard setback is acceptable. Commissioner McNulty moved that the applicant be allowed to file a revision request for Variance No. 235, and the motion was seconded by Commissioner Von Hagen and approved 3-1 with Chairperson Wike dissenting. QUESTIONS FROM THE AUDIENCE There were no questions from the audience. STAFF REPORTS Mr. Benard noted that his fiscal year's budget provides for Commissioners attending various conferences, and asked that they notify him as to which ones they are interested in attending. Mr. Benard also noted that he will report on the status of Commissioner Ortolano at the next meeting. ADJOURNMENT The meeting was duly adjourned at 10:00 p.m. Page 6