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PC MINS 19891114MINUTES PLANNING COMMISSION MEETING NOVEMBER 14, 1989 The meeting was called to order at 7s31pm by Chairperson Wike at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Wike, Hotchkiss, Von Hagen, McNulty, Brooks ABSENT None Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Senior Planner Greg Fuz, Associate Planner Laurie B. Jester, and Assistant Planner Bonnie Olson. COMMUNICATIONS Chairperson Wike acknowledged a letter from Barbara Epstein, President of the Horsemen's Association addressing some of the fears of people opposing trails including the issue of liability, and a letter from the California League of Cities. CONSENT CALENDAR A. Minutes of October 10, 1989 B. Minutes of October 24, 1989 C. P.C. Resolution No. 89 -- Mr. Benard noted that Exhibit "A", Condition #5 has been corrected to read "...November 30, 1989." Commissioner Von Hagen moved amended, Commissioner McNulty unanimously. PUBLIC HEARINGS to adopt the consent calendar as seconded, and the motion passed A. COASTAL PERMIT NO. 78, Associate Planner Laurie ENCROACHMENT PERMIT NO. 15, B. Jester presented the Adjacent to Lot 3, Tract staff report detailing the 40640 Marguerite Drive applicant's request to allow a 6 foot high temporary gate across the tract entrance on Marguerite Drive for approximately two years. Staff's recommendation is to deny the request due to nonconformance with the City Council encroachment permit policy, and the limiting of public access to the coastline. Chairperson Wike opened the public hearing, but since there were no speakers, Commissioner Hotchkiss moved to close the PLANNING COMMISSION MINUTES November 14, 1989 public hearing, and Commissioner Brooks seconded the motion. Commissioner McNulty noted that he had heard that, during the election campaign, Councilman -Elect Ryan had supported erection of the gate, and asked if this indicated there had been a change in the Council's position. Mr. Benard stated there had been no change in Council policy. Commissioner McNulty also asked if a part-time arrangement for the gate would be feasible, but Mr. Benard said it would not, citing operational and enforcement problems. Chairperson Wike asked if the applicant had considered staff recommendation #3, to grant an Encroachment Permit and Coastal Permit to allow a fence along the front of lots 3 through 17, at the rear of lots 18 through 25 and 29 on Marguerite Drive, at least 2 feet in back of the curb, and a gate across Laurel Drive for a period not to exceed 2 years, subject to the conditions established by the City Council. Mrs. Jester said the applicant felt that although this alternative was acceptable, it would be too expensive. Commissioner Von Hagen moved to adopt staff recommendation #3, Commissioner Brooks seconded the motion, and it passed unanimously. At this time, the Commissioners agreed to hear agenda item "E" before "D" in the interest of time. B. ENVIRONMENTAL ASSESSMENT Senior Planner Greg Fuz NO. 578, CONDITIONAL USE presented the staff report PERMIT NO. 147, GRADING regarding the applicant's NO. 1274, VARIANCE NO. 236 request to approve 31270 PVDS construction of a two- story commercial/retail office building with subterranean parking. Staff's recommendation is to receive public testimony on the applicant's redesign and to continue the public hearing to November 28, 1989. Chairperson Wike opened the public hearing. Suzanne Gulcher, 30034 Via Borica, representing St. Paul's Lutheran Church, spoke in support of the application. Delores (Dee Dee) Mueller, 5 Via San Remo, spoke against the CUP, and stated that her real estate agent had told her that any building constructed on the subject property would be no higher than 16'. Deanna Kolbas, 66 Via Capri, also spoke against the CUP, and stated that when she purchased her property, the seller's agent told her the City would not allow any building to be over 16'. Page 2 PLANNING COMMISSIC3N MINUTES November 14, 1989 Ed Shea, 25 Via San Remo, spoke against the CUP and questioned the economic feasibility of another commercial building in the area. Morris English, 60 Via Capri, also spoke against the CUP, and outlined his concerns regarding the building height, restroom venting, car fumes from the rear stairwell door, and landscaping over the parking area. The public hearing was closed. Mr. Benard noted that apparently several real estate agents selling Villa Capri units had misinterpreted the City Code regarding height variations. Chairperson Wike and Commissioner Brooks requested that the developer put up a silhouette outlining the redesign, and the applicant agreed to do so. Mrs. Wike also asked about the seemingly excessive amount of grading, and Senior Planner Fuz noted that the correct amount is actually closer to 30,000 cu.yd. than the 40,000 in the staff report. The public hearing was reopened in order to take testimony from the developer. Walter Zell, 3011 Haddington Drive, Los Angeles, developer and representative of the applicant, responded to Mr. English's concerns by noting that the restroom vents could be located forward in the building, and that the rear stair door is a fire exit and has to stay legally closed, so that fumes would not be a problem. He also said that the landscaping above the garage is not going to be difficult to do, even though there is only 1'6° of earth. He also estimated the total amount of grading at only 25,000 cu.yd. Mr. Zell stated he would like to ad3ust the loading zone area so that there can be an access road to the church, and also noted that the proposed stairway up to Golden Cove Center would be very convenient not only for shoppers, but also for Villa Capri residents. Mr. Zell asked about continuing the hearing past the next meeting. The public hearing was closed. Mr. Benard noted that if the developer needs more time, he has the option to submit a waiver of time limit for up to 90 days and the Commission could or could not accept it. Mr. Benard also asked the Commission for direction on the size and configuration of the proposed building. Mrs. Wike stated she wanted to see the silhouette up to make a solid judgment about view impairment from Villa Capri. She also said she was opposed to the subterranean basement and two levels of parking, and asked that the CUP specify that there be no roof -mounted satellite dishes either. Mrs. Wike Page 3 PLANNING IZiN L G COMMIS S MINUTES November 14, 1989 also suggested that the loading zone be moved or reconfigured. Commissioner Von Hagen had no objection to the subterranean parking, finding it less objectionable than surface parking, and stated he found this design with greater setbacks a mayor improvement over the first one. Commissioner Hotchkiss objected to the possible view impairment, but said he liked the subterranean parking and thought the loading zone should stay where it is, and asked to see elevations, Commissioner McNulty stated that he agreed with Commissioners Von Hagen and Hotchkiss, and noted that if the Pan Asian project had come up before Villa Capri had been built, there would have been no problems. Mr. McNulty said he felt that the economic viability of the development would be compromised by imposing any more limits on the applicant, who also has a right to "reasonable expectation." Mr. McNulty said he had no objection to the connecting stairway or the loading zone staying where it is. Commissioner Brooks stated that she felt there was significant view impact, but that the developer had come back with positive changes. Ms. Brooks also had no objection to the subterranean parking. Commissioner Von Hagen moved to continue the public hearing to the November 28 meeting, and Commissioner McNulty seconded the motion with no objections. C. COASTAL PERMIT NO. 77, GRADING NO. 1315, ENVIRONMENTAL ASSESSMENT NO. 586 Portugese Bend Club Western Boundary Commissioner McNulty moved to waive the staff report, and Commissioner Von Hagen seconded. Commissioner Hotchkiss asked to be removed from consideration of this application, since he is a resident of the Portugese Bend Club. Senior Planner Greg Fuz presented photos showing the deterioration of Yacht Harbor Drive. Commissioner Von Hagen moved to approve staff's recommendation to authorize, with conditions, remedial grading at the toe of the Portugese Bend landslide to protect Yacht Harbor Drive and the adjacent residences. Commissioner McNulty seconded the motion, which passed 4-0 with Commissioner Hotchkiss abstaining. Page 4 PLANNING COMMISSIvN MINUTES 40 November 14, 1989 D. SPECIAL USE PERMIT NO. 76 The staff report was -APPEAL-, ENVIRONMENTAL presented by Planning ASSESSMENT NO. 588 Administrator Curtis Tract No. 45667 (PVDS) Williams, detailing the appellant's request to overturn staff's approval of the temporary use of a rock crusher during grading operations at Tract No. 45667. Staff's recommendation is to deny the appeal, thereby upholding staff's decision to approve the project and a Negative Declaration for Environmental Assessment No. 588. Commissioner Von Hagen noted that he had been involved in the project during the original sale, and asked Mr. Benard if he should abstain from the hearings even though he no longer has any economic interest in the project. Mr. Benard stated that the parties involved here are separate entities from the previous project, and that there is no conflict of interest. The public hearing was opened. Nick Underhill, 30138 Marne, spoke in support of the appeal, citing noise and dust problems. Richard Jones, 6644 Lautrec P1., appellant, asked for clarification on various points and procedures. Mr. Jones also conceded that his contention that the developer would avoid the limitation on export of material was not correct. Dr. Grant A. Stucki, 31319 Marne, spoke in support of the appeal, and stated that his geologist had informed him that his area was unstable and would be threatened by the proposed excavations. Director of Environmental Services Benard advised the speaker that under the State real estate disclosure law, the statement that his property was in jeopardy could directly affect the value of said property. At this point, Dr. Stucki qualified his earlier statement. Steve Kaplan, A&H Associates, 1334 Park View, #310, Manhattan Beach, developer/applicant, asked that the appeal be denied, and spoke to the residents' concerns, noting that the developer has complied and will comply fully with all conditions imposed by the City, and he also submitted a letter to the Commission and Staff from American Geotechnical Company specifically addressing Mr. Jones' geological concerns. He also stated that some of the crushed rock will be used on-site. Commissioner McNulty noted that he had hired American Geotechnical Company many years ago for a project, but had no interest in the firm. Dennis Brost, 2901 PVDN, representative of the developer, explained how the rock crusher works. Page 5 PLANNING COMMISSIGN MINUTES November 14, 1989 Lin Hendrich, 27915 Longhill Drive, representing St. Peter's By The Sea Presbyterian, asked if it was possible to shut down the crushing operation during certain special church services. Mr. Kaplan informed him that he would be happy to do so with 48 hours notice. Linda Kalman, 5332 Ironwood St., asked for clarification regarding noise measurement of the rock crusher. The public hearing was closed. Commissioner Hotchkiss moved to accept staff's recommendation to deny the appeal, Commissioner Von Hagen seconded, and the motion passed 4-1 with Chairperson Wike dissenting. A 10 minute recess was called at 10:35pm. D. CONDITIONAL USE PERMIT NO. 149, ENVIRONMENTAL ASSESSMENT NO. 583 28901 Western Ave. (Trader Joe's) is to approve the CUP and adopt the The staff report was waived. The applicant has requested that on-site liquor sales with off-site consumption be allowed, and staff's recommendation Negative Declaration. Leroy Watson, 538 Mission St, So. Pasadena, VP of Trader Joe's, applicant, declared that the restricted delivery hours would be oppressive, especially since all the other stores could receive deliveries all day, and stated that the ideal delivery timeframe for him would be early morning and early evening after his busiest time. He also asked why the CUP had to be renewed each year since he had a 15 year lease. Commissioner Von Hagen replied that there would be an annual look at the CUP because of the outside liquor consumption. Greg Fuz, 1829 Caddington, spoke in favor of the application, but asked that shopping center employee parking and completion of rear landscaping be made a condition of the CUP. Mr. Benard stated that he did not feel those issues were related to this application, and that he preferred to look into both matters and report back to the Commission. Commissioners Hotchkiss and McNulty also noted the traffic problems at the south end of the center, and Mr. Benard stated that an updated report from Public Works regarding this issue would be included at the next meeting. Sheri Chaffin, 10866 Wilshire Blvd., Los Angeles, representing center management, said the management was aware of the employee parking, traffic flow and landscaping problems, and that they were all being dealt with. Page 6 PLANNING COMMISSION MINUTES November 14, 1989 Commissioner Von Hagen declared that the delivery hours in the CUP were too restrictive. Mr. Fuz stated that Trader Joe's is far from any residence, and that later hours would be no problem. Mr. Benard noted that any delivery hours different and/or later than any other tenant in the center could create an enforcement nightmare. Commissioner Von Hagen moved to approve the CUP as amended in Exhibit "A", Condition 3, allowing deliveries from 7am-6pm Monday through Friday and 8am-6pm Saturday and Sunday, and to adopt the Negative Declaration. Commissioner Brooks seconded the motion, which was unanimously approved. CONTINUED BUSINESS A. HEIGHT VARIATION NO. 583 The staff report was -APPEAL- presented by Assistant 26833 Hyte Planner Bonnie Olson, detailing the appellant's request to overturn staff approval of a second story addition, thereby denying the proposed project. Staff's recommendation is to deny the appeal. Beverly Rhodes, 26829 Hyte, appellant, spoke in favor of the appeal citing diminished view and home value. She also showed photographs demonstrating her point. She stated that if the project was built, she would at least ask that the window in the master bedroom closet be eliminated, and that the master bedroom window be set higher to allow her more privacy. Adolf Luerken, 26843 Grayslake, spoke in favor of the appeal. Charles J. Rennie, Jr., 26837 Grayslake, also spoke in favor of the appeal. Edwin Yu, 6037 Mossbank, spoke in favor of the appeal. Chester Yabitsu, 26821 Grayslake, also spoke in favor of the appeal, although he cannot see the subject property from his home. He cited potential loss of neighborhood character and home value. Anneliese Grohs, 6031 Mossbank, spoke in favor of the appeal. Joan Yabltsu, 26821 Grayslake, spoke In favor of the appeal. Patricia Tsao, 26833 Hyte, applicant, addressed each of her neighbors' concerns including view impairment, loss of home value and aesthetics. She also discussed the ramifications of alternate designs for the project. Page 7 PLANNING COMMISSO MINUTES November 14, 1989 Chairperson Wike asked each of the Commissioners to speak to the issue. Commissioner Hotchkiss stated he did not like the project, and suggested a major redesign. Mr. Benard noted that aesthetics was not an evaluative criteria according to the code, only view impairment. Commissioner Hotchkiss said he did not feel there was significant view impairment. Commissioner Von Hagen stated that he agrees with staff's recommendation, but that it should incorporate Mrs. Rhodes' suggestions. Commissioner Brooks supported the staff recommendation as well, stating that she did not find a large enough incidence of view impairment. Commissioner McNulty stated that he did find view impairment, but did not feel It was significant, and that he supports staff's recommendation. Chairperson Wike declared that although she did not like the design either, she can't deny the project based on that, and did not find a significant cumulative view impact. Commissioner Von Hagen moved to deny the appeal, approving the Height Variation with the conditions that the walk-in closet window be eliminated, and that the master bedroom window be either opaque or clerestory. Commissioner Brooks seconded the motion, and it passed 4-0 with Commissioner Hotchkiss abstaining. NEW BUSINESS Commissioner Von Hagen moved to continue the two new business items, Grading No. 1269 at 5325 Ironwood, and Grading No. 1309 at 5321 Ironwood, to the next meeting. Commissioner McNulty seconded the motion. QUESTIONS FROM THE AUDIENCE -- None REPORTS -- None ADJOURNMENT --The meeting was adjourned at 12.42am Wednesday. Page 8