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PC MINS 19900227• MINUTES PLANNING COMMISSION MEETING f FEBRUARY 27, 1990 ' The meeting was called to order at 7:37pm by Chairman McNulty at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT McNulty, Von Hagen, Hotchkiss, Brooks, Katherman ABSENT None Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, and Associate Planners Carolynn Petru, Laurie B. Jester and Joel Rojas. COMMUNICATIONS Chairman McNulty acknowledged letters from Kenneth and Nancy Moore regarding the appeal on Height Variation No. 632; a letter from the Crestmount Community Association regarding CUP 9; and two letters concerning CUP 31, one from Great American Security and one from the Rancho Palos Verdes Estates Homeowners Association. CONSENT CALENDAR It was unanimously agreed to move the consent calendar to the end of the meeting to allow for a discussion on additions to the last meeting's minutes. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT It was moved and carried to NO. 146 -- EXTENSION waive reading of the staff 29000 S. Western report. Commissioner Von Hagen asked staff if past problems with location and noise impacting neighbors had been mitigated with the present application, and Mr. Williams replied that they had. The public hearing was opened. Michael Readick, 4605 Lankershim Blvd., No. Hollywood, representative of the applicant, stated that no permanent location for the facility was planned and that the applicant accepted the conditions in Exhibit "A". Eileen Barrett, 1445 Brett Place, #313, outlined some problems the neighbors had experienced with the truck parking early in the day, but she voiced approval of the applicant's PLANNING COMMISSIONIKETING February 27, 1990 successful effort to solve these problems. She also stated that she would support the extension of the CUP if the applicant continued to live up to the conditions of approval. The public hearing was closed. Commissioner Brooks suggested that guidelines be incorporated into the CUP to bring it back to the Commission should an excessive amount of verified violations occur. Commissioner Katherman expressed his satisfaction with the CUP as written to allow the Director of Environmental Services to use his discretion in the matter. Commissioner Von Hagen remarked that he did not feel the parking lot was an appropriate location for this type of business on a permanent basis, and suggested granting a one- year extension of the CUP with the mandate that it come back to the Commission at that time. Commissioner Hotchkiss stated that he felt the operation served a community purpose, and should be allowed to continue. Commissioner Katherman stated he felt the applicant should find another location within the one year period. Chairman McNulty agreed, and suggested adding a requirement that the business find a permanent location by the time the CUP expires. Commissioner Brooks moved adoption of staff recommendation, amending the conditions of approval as follows: After a maximum of 6 violations of the CUP have been verified, the Director of Environmental Services must bring the application back to the Commission for further consideration; and secondly, that the extension be granted for only one year, during which time the applicant must find a permanent location for the facility. Commissioner Katherman seconded the motion, which passed 3-2, with Chairman McNulty and Commissioner Hotchkiss dissenting. B. CONDITIONAL USE PERMIT The staff report was given NO. 31 - REV. "A" by Associate Planner Carolynn Tract 33206 Petru regarding the Crest Rd. at San Pedro Hill applicants' request to install security devices at each entrance and for the Planning Commission to recommend that City Council vacate the public streets in Tract No. 33206. Staff's recommendation is to deny the request. Associate Planner Petru also noted a correction in the staff report, changing "Lot 78" to read "Lot 83" on page 5. Chairman McNulty asked staff that if they felt and there was some merit in limiting vehicular access to the site, why they were recommending denial of the request. Director of Environmental Services Benard stated that the City Council had approved a request to privatize the streets in 1982, but reversed their decision two years later. Mr. Benard also noted that the tract was isolated, with narrow cul-de-sac streets, and had a history of vandalism. The public hearing was opened. Page 2 PLANNING COMMISSIONOETING 46 February 27, 1990 Del Freeman, 8 Paseo de Pino, Chairman of the Committee for Private Streets for the Rancho Palos Verdes Estates Homeowners Association, spoke in favor of the CUP revision and declared a need to limit access at night to help prevent crime and vandalism. Mr. Freeman also noted that the tract is already an enclave by virtue of its remote location, and that it meets all privatization conditions of the General Plan. Mr. Freeman also expressed full support of open access to all pedestrian and equestrian trails within the development. Tom Campbell, 12 Paseo de Pino, representing the Homeowners Association, also spoke in favor of the revision, citing the unique safety and security problems of the area. He also gave a video presentation of the drive up Crest and through the tract to demonstrate the isolation of the area and narrowness of the streets, and mentioned that street lights are heavily restricted due to the military installation on the hill. Cathy Campbell, 12 Paseo de Pino, appealed to the Commission to allow privatization of the streets for the safety of the children playing in the tract. She also noted that sightseer traffic is heavy even in the daytime, especially on weekends, and asked that vehicular traffic be restricted during some of those times. Jim Amormino, 4215 PVDS, owner of Great American Security, the security service for the tract, outlined the increasing crimes that had taken place in the tract, from vandalism and drinking to drug use, arson and even assaults on his security guards. Mr. Amormino also explained that the dirt mounds placed by the City on the north side of Crest Road to discourage parkers have displaced sightseers into the tract. Lawrence C. Baker, Jr., 10 Paseo de Pino, Director of the Homeowners Association, spoke in favor of the revision, noting that the homeowners are currently paying sewer, lighting and street maintenance costs now. Mr. Baker also set forth the possibility of City liabilities due to the unusually narrow streets, and asked that the original recommendation of the Council to privatize the streets be honored. Robert Walshaw, 3246 De Luna Drive, spoke against the CUP revision, citing loss of public access to views and vistas. Commissioner Katherman moved to close the public hearing, and Commissioner Brooks seconded the motion. Commissioner Von Hagen asked that the public hearing be continued in order to examine sheriff's records on the area before voting. Roll was called on the motion to close the public hearing, and it Page 3 PLANNING COMMISSION&TING February 27, 1990 passed 4-1 with Commissioner Von Hagen dissenting. Commissioner Hotchkiss noted that the Portuguese Bend Club had experienced similar vandalism problems before the gates were erected. Mr. Hotchkiss also remarked that the City has created this problem by approving the street design originally for private streets, and that the view from San Pedro Hill was eliminated by the City's dirt mounds on Crest, not by the development of the tract. He also stated that in his experience the guard without the gate, or gate without the guard were both breachable security devices, and that the most effective deterrent is a guard plus a gatehouse. Commissioner Katherman commented that the area is an attractive nuisance, and that the narrow streets are not acceptable as public streets. Mr. Katherman stated he felt the subdivision design is a private enclave, and that the only solution due to the isolation of the tract is restricted access. Commissioner Von Hagen stated he would like to see the Sheriff's records on problems in the tract. He also said that he supported staff's recommendation, because gates shouldn't be the only way to provide security for the area. Mr. Von Hagen also affirmed that the City is on record for wanting public streets, and that privatized streets are not always well-maintained. Commissioner Brooks remarked that as a resident of the nearby area, she has not seen the vandalism, but that she is concerned about limiting access, because the developer had promised neighboring homeowners associations view access during development of the project. Mrs. Brooks said she understood the safety concerns, and acknowledged that tract access should be controlled during evening hours. Chairman McNulty said that even daytime access seems to be a problem because of children's safety concerns. He also noted that many other areas of the City have similar vandalism and crime problems, and that the solution should not be to install a gate, but rather to make sure that police response and coverage is adequate. Commissioner Brooks moved to adopt staff alternative #4, to approve a guard house at each entrance to the tract, leaving the roads public, no gates or other barriers installed, security officers employed by the Homeowners Association only to monitor transient vehicular traffic, and to require the applicant to dedicate to the City a multi-purpose trail across the western potion of common open space Lot No. 83 consistent with the Trails Network Plan. Commissioner Katherman seconded the motion, and asked that it be amended to allow for privatization of the streets with the stipulation that they would never be taken back by the City Page 4 PLANNING COMMISSION 0ETING February 27, 1990 • unless brought up to City standards. Commissioner Brooks declined the proposed amendment. The motion passed 3-2 with Commissioner Hotchkiss and Chairman McNulty dissenting. A five-minute recess was called at 9:20pm. C. CONDITIONAL USE PERMIT The staff report was NO. 9 - REV. "C", presented by Planning ENVIRONMENTAL ASSESSMENT Administrator Curtis Williams NO. 593 detailing the applicant's Marymount College request to allow an expansion of the student lounge/cafeteria and the construction of a new student services building. Staff's recommendation is to approve the request with conditions. Commissioner Hotchkiss excused himself from voting on this and the next item, citing potential conflict of interest. Commissioner Katherman stated he had studied the history of the item, reviewed the minutes and Staff reports, and was prepared to vote on it. Commissioner Brooks stated that she is a resident of Mira Catalina, and a member of the Homeowners Association, but that she lives beyond 300' of the site, and that there would not be a conflict of interest. The public hearing was reopened. Robert Walshaw, 3246 De Luna Drive, spoke in favor of the action, and against the proposed enrollment cap. He also cited the letter he had presented to the Commission before the meeting. Lance Brown, 2606 Elden Blvd., Costa Mesa, representing the architect, outlined possible parking options that had been discarded due to expense or logistics, such as subterranean or on an unstable slope. Jim Reeves, 30800 PVDE, Dean of Administration for Marymount, objected to the enrollment cap, stating that overadmittance is a common practice to prevent attrition that would cause severe budgetary problems for the college. Mr. Reeves presented his own proposed condition regarding enrollment limitations, and stated that the rest of the conditions were acceptable. The modified condition #5 submitted by the college would read as follows: "Enrollment of students at Marymount College shall be limited to an average enrollment of 750 full-time students for the Fall and Spring semesters and a maximum of 20 part- time students each semester with a margin for difference of 3%. The College shall provide to the City, not later than Page 5 PLANNING COMMISSIONOETING February 27, 1990 two weeks after the beginning of the spring semester, certification that the enrollment level for the academic year (the two semesters) meets this condition. This limitation may be revised upon approval by the Planning Commission, or City Council by a revision to the Conditional Use Permit, subject to review of parking, traffic, and other impacts as may be considered pertinent." Earle T. Casler, Jr., 3324 Narino Drive, spoke against the CUP, citing excessive on -street parking. Mr. Casler also supported the proposed enrollment cap, and stated that a 750 average would be acceptable. Frances Cornelius, 2736 San Ramon, spoke against the CUP, and presented photos taken on February 26 showing the excessive amount of student on -street parking. Clement R. Letarte, 3408 Corinna Drive, also spoke against the CUP, and in favor of the enrollment cap. Kimberly Candido, 30871 Casalina, also spoke against expansion of the property and in favor of the enrollment cap. The public hearing was closed. Mr. Benard stated that the flexibility concept on the enrollment cap was valid, but that he recommended an 825 student ceiling be set. Commissioner Brooks stated she felt that was too high, and cited the Miraleste closure ramifications on the level of traffic in the area. Mrs. Brooks also suggested the intensity of campus lighting be addressed. She also expressed her support for the college being in the community, and for staff's recommendation. Commissioner Von Hagen expressed his desire to see the cap tied to the parking capacity available. Mr. Von Hagen did not see a problem with the proposed Condition #5 wording presented by the college, but does support the 825 student ceiling. Commissioner Katherman agreed with Mr. Von Hagen that the enrollment cap should be tied to parking capacity. He also saw no problem with the new Condition #5, and suggested the college be required to do a transportation management study. Chairman McNulty expressed his surprise that the college's proposed Condition #5 would even include an enrollment cap, and remarked that he felt the college was self-limiting in size. Mr. McNulty also noted that the community was fighting to save a high school and force slow growth upon a college at the same time. Commissioner Brooks noted a letter from a resident complaining that the people parking cars off-site were littering the streets, and Mrs. Brooks suggested that trash receptacles be placed in appropriate locations to attempt to mitigate this concern. Page 6 PLANNING COMMISSIONOETING February 27, 1990 • Commissioner Von Hagen moved to adopt staff recommendation, modifying Condition #5 as proposed by the College, and also requiring that adequate trash receptacles be placed on Palos Verdes Drive East, and that a plan be developed and submitted to the Directors of Environmental Services and Public Works for their review and approval. Commissioner Katherman seconded the motion, which passed 3-1, with Commissioner Brooks dissenting with a note that she felt the enrollment cap was too high. D. VARIANCE NO. 245, COASTAL PERMIT NO. 79, EXTREME SLOPE PERMIT NO. 18 98 Yacht Harbor Drive The staff report was waived. Lee Paterson, 98 Yacht Harbor Drive, applicant, asked for clarification of Exhibit "A", Condition 14 regarding the water management system, and Condition 18 on the covenant to run with the land. Mr. Benard noted that the conditions in Exhibit "A" are standard to this type of application, and also that covenants are revocable by the City. Bill Ruth, 96 Yacht Harbor Drive, spoke in favor of the project. Mr. Ruth also requested that a registered legal survey be done to correctly determine the exact property boundaries. Mr. Paterson stated that he had attempted to get a legal survey done several years earlier, and since the closest survey point was a half -mile away, the cost was prohibitive. The public hearing was closed. Commissioner Brooks moved to accept the staff recommendation, and Commissioner Katherman seconded the motion. Mr. Katherman then asked to amend the motion by deleting Condition #6 in Exhibit "A", but Mrs. Brooks did not accept the amendment, and the motion was declared lost. Commissioner Von Hagen restated the motion to adopt the staff recommendation, deleting Condition #6 in Exhibit "A". Commissioner Katherman seconded, and the motion passed 3-1 with Commissioner Brooks dissenting. NEW BUSINESS A. SIGN PERMIT NO. 368 -- The staff report was REVISION presented by Associate 28901 Western Ave. Planner Laurie Jester, detailing the applicant's request to approve a revision to the original sign program to allow the existing monument signs to remain. Staff's recommendation is to approve the revision with conditions. Page 7 PLANNING COMMISSION*ETING February 27, 1990 Commissioner McNulty objected to the developer coming back to the Commission and asking for more signage. Mr. Benard noted that he believed that due to a tenant misinforming the sign construction company, incorrect signs had been installed. Andy Fisher, 10866 Wilshire #200, Los Angeles, spoke as representative for applicant BPT, and requested that the Commission approve the application as submitted so that all tenants will enjoy signage. Mr. Fisher also asked that the banners or stair tower signage be allowed so as to serve smaller tenants who compete with the large signs across the street in Los Angeles. Chairman McNulty stated he understood the competition problem, but did not want to see a proliferation of signs. Commissioner Von Hagen also noted that when major tenants come into a center, they have aggressive sign programs that use up the allocation, but that the Code should still be adhered to. Jerry Nolls, 1946 Avenida Feliciano, owner of Sally's Party Time, stated that his store on Level "C" was no longer visible from the street, and asked for an awning sign or temporary signage on the existing monument signs. The public hearing was closed. Chairman McNulty moved to adopt staff recommendation, and Commissioner Katherman seconded the motion. Commissioner Hotchkiss stated he felt the applicant should come back with a better sign program. Chairman McNulty commented that if the landlord doesn't work out the problem, he will probably lose tenants, and get the message to help the smaller ones. The motion on the floor was voted upon and failed 1-4, with Chairman McNulty and Commissioners Hotchkiss, Brooks, and Von Hagen dissenting. Having made the motion, Chairman McNulty qualified his vote against it after hearing the discussion. Commissioner Von Hagen moved to continue the item to a future meeting to examine other options and send a message to the applicant that the smaller tenants should have adequate access to signage as well. The motion was seconded by Commissioner Brooks, and passed unanimously. B. HEIGHT VARIATION NO. Associate Planner Carolynn 632 -- APPEAL Petru presented the staff 6418 Rio Linda report regarding the appellant's request to uphold the appeal, thereby denying the proposed second story addition. Staff's recommendation is to deny the appeal, thereby upholding staff approval of the addition. Mr. Benard noted that he had acted inappropriately in Page 8 PLANNING COMMISSIONOETING February 27, 1990 allowing a three-week delay to take place during the approval process, during which time Proposition "M" was put into effect and the notice was mailed out; however, the measure does not preclude development of a second story addition even if there are no other two-story structures in the neighborhood. The public hearing was opened. Marvin Bernstein, 2566 Villa Rosa, representing the appellants, spoke in favor of the appeal, citing view impairment. Dr. Kenneth Moore, 6344 Villa Rosa, also spoke in favor of the appeal, citing loss of privacy due to the proposed deck. Mark Rappaport, 110 Vista del Mar, Redondo Beach, representing the applicants, said that his clients could cite privacy loss as well, and that since completion of the project has been held up, there has been roof damage. He also noted that there are no windows in the proposed addition that would face the Moore's property, except an opaque window on the east elevation. Commissioner Von Hagen suggested that some sort of plant screen be erected between the two properties. Nancy Moore, 6344 Villa Rosa, spoke in favor of the appeal, citing loss of privacy. Muriel Scott, 6418 Rio Linda, applicant, stated that her deck and view would not be facing the appellant's house. The public hearing was closed. Commissioner Brooks disclosed that she had visited the site in question and one of the neighbors. Commissioner Hotchkiss stated he felt there was a privacy problem both ways, but felt that screens would be excessive. Commissioner Hotchkiss moved to adopt staff's recommendation, and Chairman McNulty seconded the motion. Commissioner Katherman offered an amendment to the motion that a 5-112 to 6' screen over the southerly portion of the deck extending halfway from the proposed addition to the end of the deck be required. Commissioner Hotchkiss did not accept the proposed amendment, citing ineffectiveness. Chairman McNulty said he did not feel the Moore's privacy was compromised, since the planned windows had been altered to preserve their privacy. The original motion was restated, and passed 3-2 with Commissioners Brooks and Katherman dissenting. ------------------------------------------------------------ Note: Item "C", Sign Permit No. 500 for 28733 S. Western Page 9 PLANNING COMMISSION ETING February 27, 1990 Avenue, was continued to the next meeting due to the late hour. ------------------------------------------------------------ CONSENT CALENDAR Note: The consent calendar was moved to the end of the agenda to allow for Commissioner discussion. A. Minutes of February 13, 1990 -- Commissioner Brooks submitted a page containing two suggested corrections to the minutes of February 13, but only the correction on Page 4 was accepted. Chairman McNulty noted that the minutes are action minutes only, and that it was not appropriate to report personal differences in the minutes. Mr. Benard stated that it is not the staff's policy to use charged language in the minutes, but that Mrs. Brooks' suggested changes would become part of the record as an attachment to the minutes. Chairman McNulty asked if any of the Commissioners supported adding such an addendum to the record, but none of them did, so Mr. McNulty stated that the comments would not be attached to the minutes. STAFF REPORTS Mr. Benard noted that he had made of California Cities meeting for McNulty. When confirmations are passed along. COMMISSION REPORTS reservations for the League all Commissioners except Mr. received, they will be Commissioner Katherman suggested that a policy be established to create a firm ending time for the Planning Commission meetings. It was agreed, however, that it would not be feasible due to the varying amounts of items and/or speakers. ADJOURNMENT The meeting was adjourned at 12:10am.