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PC MINS 198911280 MINUTES PLANNING COMMISSION MEETING NOVEMBER 28, 1989 The meeting was called to order at 7:38pm by Chairperson Wike at Iiesse 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 Planners Carolynn Petru, Laurie Jester and Joel Rojas, and Assistant Planners Bonnie Olson, Lisa Marie Breisacher, Terry Silverman and Fabzo de Freitas. COMMUNICATIONS Chairperson Wike acknowledged a letter from Waiter Zell of the Construction Consortium offering a 90 -day extension on the Pan Asian project. CONSENT CALENDAR A. Minutes of November 14, 1989 -- A correction was made to the "Communications" section regarding the name of the letter writer and its contents. B. Resolution No. 89-69 Commissioner McNulty moved to adopt the consent calendar as amended, Commissioner Von Hagen seconded, and the motion passed unanimously. Commissioner Brooks requested that an effort be made to hear Agenda Item VII -A tonight due to the timeliness of the request. Commissioner Hotchkiss asked that Agenda Item VI -C be heard as soon as possible due to the fact that he had to leave early. It was decided to hear VI -C then VII -A immediately after Item V-A. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT NO. 147, VARIANCE NO. 236, GRADING NO. 1274, ENVIRONMENTAL ASSESSMENT NO. 578 31270 PVDS Senior Planner Fuz presented the staff report regarding the applicant's request to approve construction of a 28,000 square foot two-story commercial/retail office building with subterranean 0 Q PLANNING COMMISSION MINUTES November 28, 1989 parking. Staff continues to recommend approval of issuance of a Negative Declaration, and adoption of P.C. Resolution No. 89-70, conditionally approving this project. Staff also noted revisions to Conditions 13 and 14 regarding parking spaces and delivery hours, and to Conditions 26, 27 and 28, regarding display of art objects, parking and loading configurations, and acceptance by the applicant of all of the CUP conditions within 30 days of the approval. Chairperson Wike noted that the decorative roof trim and covered walkway on the revised plans were blocking the planned view corridor. Commissioner Brooks suggested that the leaf blower operation hours noted in Exhibit "A" Condition 22 be changed to conform with city regulations that such activity not occur between the hours of 5:00pm and 8:00am. Chairperson Wike opened the public hearing. Regina Gilliland, 34 Via Capri, spoke against the application, citing through -traffic, parking and view loss problems. Mr. Benard noted that he had met with some of the Villa Capri board members, giving them various options to mitigate potential traffic problems. Ed Shea, 25 Via San Remo, also spoke against the application. John Douglass, 62 Via Capri, spoke against the application, noting his concerns about potential exposure to pollutants, and requested that an ETR be done. Deanna Kolbus, 66 Via Capri, spoke against the application, questioning the accuracy of the temporary framework, and noting the potential loss of privacy. Morris English, 60 Via Capri, also spoke against the application, accusing Mr. Benard of prejudice as a non- resident and expressing an assumption that the Director of Environmental Services possesses extensive decision-making powers. Mr. English also stated he felt this was the Commission's "pet project." At this point, Commissioner Von Hagen objected to the use of the phrase "pet project," commending the staff on their thorough work on this project. Commissioner McNulty also expressed his dislike of the speaker's accusations, and thanked the staff for their excellent work throughout the entire process. Mr. Benard noted that state law mandates that a project must be approved within a year of submission, and due to six major revisions and one denial, the project has been underway for nearly two years. Mr. Benard also Page 2 PLANNING COMMISSION MINUTES November 28, 1989 noted that the decision-making powers attributed by Mr. English to the Director of Environmental Services are in actuality held by the Commission. Bruno Boval, 6972 Verde Ridge Rd., representative of St. Paul's Lutheran Church, asked for clarification on various conditions in the CUP relating to parking and delivery hours. The public hearing was closed. Commissioner Brooks moved to accept the applicant's request for a 90 -day extension. Chairperson Wike seconded the motion, which failed 2-3 with Commissioners Hotchkiss, Von Hagen and McNulty dissenting. Chairperson Wike expressed her displeasure with the subterranean setbacks, the stairway, view corridor obstructions, and potential drainage problems that might require pumps, and stated that she did not support the project. Mrs. Wike also declared that she felt there were potentially significant view, air quality and geological impacts by the project, and she called for a full EIR. Chairperson Wike suggested that the stairway be moved to the front of the project. Commissioner Von Hagen noted that the purpose of an EIR is not to stop a development, but to examine all ramifications of a project, and that staff has already done so. Commissioner Von Hagen also felt the stairway should be moved forward, and noted that drainage and runoff conditions are improved by development of a property, and that pumps would not be a reason to disapprove a project. Mr. Von Hagen also felt that some of the decorative features might impair the view corridor. Chairperson Wike clarified her position on the pumps, and stated that she was not opposed to the pumps but that they would be a significant part of the project and there was a potential need for a pumping station, which had been discussed with Public Works. She then asked Commissioner Von Hagen if he would be willing to indemnify the residents if the land moved during excavations. Mr. Von Hagen said no, it was the job of the applicant's presumably competent civil engineers, not the Planning Commission, to examine and guarantee the site design. Commissioner Brooks stated she could not support the project because the resolution denying the project cited more valid reasons than the resolution to accept the project, including the fact that it was not in conformance with the General Plan. She then suggested an EIR be done in order to have a more comprehensive study available. Commissioner McNulty declared that no EIR had been done because staff had examined all the different issues for two years, mitigating every Page 3 PLANNING COMMISSION MINUTES November 28, 1989 concern as it came up. Mr. McNulty also stated that if it weren't for the Villa Capri residents, the Pan Asian project would have been approved two years ago, and not as the significantly smaller and unobtrusive version it is now. Mr. McNulty also noted that the applicant has a right to develop his commercially -zoned property, and that he supports approval of the project. Commissioner Hotchkiss stated that he felt an EIR was an inappropriate vehicle for most of the concerns addressed, and that he supports the decorative roof and stairway items to protect the privacy of Villa Capri residents. At this point, Chairperson Wike moved to deny the project, and Commissioner Brooks seconded the motion, which failed 2-3 with Commissioners Hotchkiss, Von Hagen and McNulty dissenting. Commissioner McNulty moved to approve the project with the following conditions: That the space frame be removed; that no further structures be allowed to encroach in the view corridor between the permitted covered walkways; that the stairway be moved west; that no trash bins be allowed in the rear or side areas, only in an enclosed, conforming structure in the front of the building; and that the applicant accept the staff's revisions to the conditions of approval. The motion and conditions were seconded by Commissioner Hotchkiss, and the project was approved 3-2 with Chairperson Wike and Commissioner Brooks dissenting. (Please note that Public Hearings Agenda Item B was heard after the following two items.) (CONTINUED BUSINESS ITEM) C. CONDITIONAL USE PERMIT NO. The staff report was 132 - EXTENSION - presented by Associate Miraleste Elementary Sch. Planner Laurie Jester, 6245 Via Canada regarding PVPUSD's request that the Commission grant a two-year extension to allow the continuation of multiple private uses at Miraleste Elementary School. Staff's recommendation is to continue this item to the December 12 meeting. Manuel Louis, 6416 Via Canada, asked the Commission to deny the extension of the CUP unless denial would hurt negotiations between the City and the school district. He also presented photos showing the continuing neglect at the facility. Chairperson Wike noted that Mayor Bacharach had requested that the Planning Commission continue the item to the December 12 meeting because the Council subcommittee Page 4 PLANNING COMMISSION MINUTES November 28, 1989 currently negotiating with the school district is meeting on December 11 to obtain information which may affect this decision. Mr. Benard stated that staff will be prepared to make a recommendation at the next meeting. Commissioner McNulty moved to extend the Conditional Use Permit to December 12 only, with no further extensions. Commissioner Brooks seconded the motion, which passed unanimously. A ten-minute recess was called at 9:45pm. (NEW BUSINESS ITEM) A. SPECIAL USE PERMIT NO. 77 The staff report was Wallace Ranch Lots 45146 presented by Associate San Pedro Peninsula YMCA Planner Carolynn Petru, detailing the applicant's request to approve Lots 45 and 46 of the Wallace Ranch as a temporary Christmas tree lot for the YMCA. Staff's recommendation is to accept public testimony and consider the alternatives. Commissioner Von Hagen stated for the record that he is an advisor to the Wallace Radio Ranch Museum and is currently in negotiations with Wallace Ranch owner Mr. Miller, but that he does not feel this is a conflict of interest in this case. Robert V. Sheetz, 6502 Abbottswood Drive, representing the YMCA, detailed the fundraising efforts of his group, and requested approval of the application. tie also addressed safety concerns regarding truck traffic. Commissioner Von Hagen suggested that the end date for the use be changed to December 24, and that Condition #7 be amended to add the word "operational" in front of "water hose with nozzle." John Swift, 301 S. Bandini, San Pedro, also representing the YMCA, explained that the two lots had specifically been chosen since they were the farthest away from the construction activity. Commissioner Brooks suggested changing the cleanup deadline to December 26. Commissioner McNulty moved to approve the application, amending the end date to December 24, the cleanup deadline to December 26, noting the amended word in Condition #7, and changing the hours of operation to 9:00am to 9:30pm every day of the week. Commissioner Von Hagen seconded the motion, which passed unanimously. (PUBLIC HEARINGS Page 5 PLANNING COMMISSION MINUTES November 28, 1989 CONTINUED) B. VARIANCE NO. 243 Assistant Planner Bonnie 6108 PVDS Olson presented the staff report regarding the applicant's request to maintain an existing 280 square foot roofed porch enclosure in an existing non -conforming commercial use in a single family residential zone. Staff's recommendation is to deny the application. Commissioner Von Hagen noted that he has known the applicant for ten years. Robert Haase, 20 Seacove, applicant, asked the Commission to approve the application and stated that he wanted to keep the property low -profile, although it has been vacant for one year. Mr. Benard noted at this point that under the code, if a non- conforming use is discontinued for a period of 180 days or more, the non -conforming status is discontinued, and therefore this application is inappropriate at this time. Mr. Benard suggested that the Commission table this item and direct the applicant to make the proper application to the City for re-establishment of a non -conforming use. Mr. Benard also stated that the procedure could not merely be amended under this application because it has not been properly noticed. Commissioner Brooks moved to table the item, Chairperson Wike seconded, and the motion passed unanimously. Commissioner Hotchkiss left the meeting at 10:30pm. CONTINUED BUSINESS A. GRADING NO. 1269 Assistant Planner Lisa Marie 5325 Ironwood Breisacher presented the staff report regarding the applicant's request to approve a new single family residence on a lot with an average slope exceeding 35%. Staff's recommendation is to approve the application with conditions. Craig Knickerbocker, 8 Arrowhead Lane, RHE, landowner and applicant, detailed the recent history of the lot and meetings he had held with local residents to discuss and mitigate any concerns they might have. He also asked that the 3' retaining wall be allowed. David Boyd, 2315 Lomita Blvd., Lomita, architect, answered the Commission's questions regarding the retaining wall and setbacks. Chairperson Wike noted that although she doesn't favor the Page 6 PLANNING COMMISSION MINUTES November 28, 1989 retaining wall because it is a natural overlay distract, she lauds the applicant's efforts to meet with local homeowners, and stated that he had done a nice job of size reduction. Commissioners Von Hagen and McNulty noted that the house is smaller and well-placed, and that the virtually invisible retaining walls make the land more useable. Commissioner Von Hagen moved to adopt the staff recommendation with the omission of Paragraph 2(b) to keep the retaining walls with the conditions that they be no higher than 3.5', and that a landscape covenant and landscape/fencing/wall plan be filed. Commissioner McNulty seconded the motion, which passed 4-0. B. GRADING NO. 1309 The staff report was 5321 Ironwood presented by Assistant Planner Lisa Marie Breisacher regarding the same applicant's request to approve a new single family residence on a lot of an average slope exceeding 35%. Staff's recommendation is to approve the application with conditions. Barbara Dye, 7035 Hartcrest Drive, representing the Trails Committee, suggested that the trail be superimposed on the existing sewer easement, and connected to the fire access trail, and also to an easement across the canyon. She also requested that the trail be dedicated pedestrian/equestrian even though only pedestrian access is available now. Sunshine, 6 Limetree Lane, stated that the criteria is met to make the area an equestrian zone, and she read letters from area residents supporting equestrian use of the trail. Chairperson Wike stated that she felt the grading on this project was excessive, and asked if the applicant was amenable to reducing it. Mr. Knickerbocker said he could reduce grading on this lot. Mrs. Wike also said that although she approves of the project, she disagrees with the proposed irrevocable equestrian dedication, which she felt was important enough to be specifically noticed to local residents. Commissioner Von Hagen said that he felt equestrian use was appropriate for the area. Mr. Benard said that the noticing for tonight's meeting was for the grading issue only, not for the trail issue, and that if the trail is dedicated for pedestrian use only tonight, it can be re - noticed later for another public hearing if equestrian use becomes desirable. Commissioner McNulty moved to adopt staff recommendation, with the condition that the trails be dedicated "pedestrian only." Commissioner Brooks seconded the motion, which passed 3-1 with Chairperson Wike dissenting. Page 7 PLANNING COMMISSION MINUTES November 28, 1989 NEW BUSINESS B. SIGN PERMIT NO. 376-476 The staff report was waived - EXTENSION - and Commissioner McNulty 28901 Western moved to accept the staff (The Terraces) recommendation to approve a six-month extension of the permit with conditions. Commissioner Von Hagen seconded the motion, which failed 2-2, with Chairperson Wike and Commissioner Brooks dissenting. Chairperson Wike commented that the overlarge leasing sign should be made to conform with code as it had illegally been increased by 16' without permits. Mrs. Jester noted that the sign is only temporary, and therefore is not subject to those regulations. Commissioners Von IIagen and McNulty also noted that leasing signs are usually larger to attract attention. Richard Bara, 1 Peppertree, demanded that the illegal sign be made to conform to the size of the previously approved sign. Chairperson Wike moved to approve the six-month extension for both signs, with the conditions that the leasing office sign be reduced to 20 square feet, and that all tenant signage on the freestanding sign be removed within 7 calendar days. The motion was seconded by Commissioner Brooks and failed 2-2 with Commissioners Von Hagen and McNulty dissenting. Commissioner Von Hagen moved to adopt staff recommendation #3, including a six-month extension for the existing 36 square foot leasing sign. Commissioner McNulty seconded the motion, which passed 3-1 with Chairperson Wike dissenting. (The following two new business items were taken out of order) D. GRADING NO. 1310 Commissioner Brooks noted 6264 Ocean Terrace that as she had been unable to gain access to the property, and since the Commission had passed the llpm cutoff time for new business, she requested that the item be continued as per the Commission's established procedural rules. After Mr. Benard had established that there still would be a quorum for a vote, Commissioner McNulty moved to adopt the staff recommendation, and Commissioner Von Hagen seconded the motion. Chairperson Wike stated that she had not been able to see the property either, and preferred a continuation. Robbie Lewis, 6264 Ocean Terrace, applicant, protested a possible delay, and stated that she had not been informed that the Commissioners would be viewing the site and need access. Mrs. Wike and Mrs. Brooks said they would make Page 8 0 6 PLANNING COMMISSION MINUTES November 28, 1989 special arrangements with her to see the property. Chairperson Wike moved to continue the item to the December 12 meeting and Commissioner Brooks seconded the motion, which passed 3-1 with Commissioner Von Hagen dissenting. Commissioner McNulty requested that Mr. Benard ask the City Attorney to clarify the duty of a planning commissioner to visit agenda sites, and if there are appropriate grounds to continue an item if one or more of the commissioners has not actually visited the site. Mr. McNulty stated that he did not feel it was absolutely necessary for a commissioner to visit a property if there were detailed plans and photographs available. C. ENCROACHMENT PERMIT 40 Santa Barbara the applicant's request wall and two decorative the public right-of-way. approve the applicant's NO. 16 The staff report was presented by Associate Planner Joel Rojas regarding to allow a portion of an existing pilasters to encroach four feet into Staff's recommendation is to request with conditions. Dr. John Furesh, 40 Santa Barbara, applicant, requested that his pilaster lights be allowed to remain. Chairperson Wike moved to accept the staff recommendation, but the motion failed for lack of a second. Commissioner Von Hagen moved to accept the staff recommendation, deleting paragraph (a) which required removal of the lights. Commissioner McNulty seconded the motion, which passed 3-1 with Chairperson Wike dissenting. QUESTIONS FROM THE AUDIENCE -- None. COMMISSION REPORTS -- Commissioner Von Hagen reported that the SWAPO luncheon was very interesting and included code enforcement discussions. ADJOURNMENT -- The meeting was adjourned at 12.05am. Page 9