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PC MINS 199003130 MINUTES PLANNING COMMISSION MEETING MARCH 13, 1990 The meeting was called to order at 7:33pm 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, Associate Planners Laurie Jester and Joel Rojas, and Assistant Planners Bonnie Olson and Fabio de Freitas. COMMUNICATIONS Chairman McNulty acknowledged receipt of the following communications: An announcement from the California Association for Local Economic Development regarding their April 11 conference; a letter from the Monaghan Company inviting the Commissioners to a Long Point project review meeting; a flyer announcing the Southern California Association of Governments' annual regional general assembly on March 22; a letter from Carol La Caze, and one from the La Caze Development Company, both supporting the Ritz Carlton development; a letter and photos from Harold Ballatin of Heroic Drive objecting to the Forrestal project setbacks, and a copy of a letter sent to Mr. Benard from the Palos Verdes Land Holding Company regarding the Zuckerman handouts. CONSENT CALENDAR Note: It was unanimously agreed to add Item "B" from Continued Business to the consent calendar as Item "C". A. Adopt P. C. Resolution No. 90 -- approving Variance No. 245, Coastal Permit No. 79 and Extreme Slope Permit No. 18, with conditions, at 98 Yacht Harbor Drive. B. GRADING PERMIT NO. 1325 -- APPEAL, MINOR EXCEPTION PERMIT NO. 356; 37 Headland Drive. C. CONDITIONAL USE PERMIT NO. 31 REVISION "A", ENCROACHMENT PERMIT NO. 17 AND ENVIRONMENTAL ASSESSMENT NO. 599; Tract No. 33206, Crest Road at San Pedro Hill -- Mr. Benard noted that the Encroachment Permit was included in this application because the proposed guard house structure will be in the right-of-way. PLANNING COMMISSION41ETING March 13, 1990 Commissioner Brooks moved to approve the consent calendar as amended, Commissioner Von Hagen seconded, and the motion passed without objection. PUBLIC HEARINGS A. VARIANCE NO. 249; The staff report was presented COASTAL PERMIT NO. 82 by Associate Planner Laurie Tract 40640 .Tester regarding the Laurel & Marguerite Drs. applicant's request to allow the property owners to request approval of satellite dish antennas on each individual lot in a Residential Planned Development. Staff's recommendation is to approve the applications with conditions. The public hearing was opened. Richard B. Collins, 63 Marguerite Drive, president of the Lunada Pointe Homeowners Association, spoke in support of the staff recommendation, but asked that the proposed restrictions on Lots 2-9 be removed so that the property owners can come in with individual applications. Chairman McNulty and Commissioner Hotchkiss both stated that they are acquainted with Mr. Collins, but that it would not affect their ability to vote on the issue. Tim Burrell, 4038 Exultant Drive, owner of a lot in the tract, also spoke in favor of the staff recommendation, and requested that the restrictive condition be altered to cover only dishes that would interfere with the side yard view corridor. Chairman McNulty inquired as to the size of the sideyards, and was told that on lots 2-9 they can be larger than 25' total with a maximum of 30 feet total. Commissioner Von Hagen suggested removing the restrictive condition #2 in order to give the property owners more flexibility, since they will have to come in for Commission approval anyway. Chairman McNulty observed that there is already an ordinance that stipulates there be no sideyard dishes unless it is the only place to get good reception, and Mr. Benard stated that staff was trying to preclude future problems by asking the owners to design the dish location out of the sideyards. Bill Roland, 7442 Via Lorado, neighbor across the street from the tract, expressed support for the antenna restrictions and urged the Commission to deny the request. Commissioner Von Hagen explained that Federal law preempts local lawmakers from prohibiting the dish antennas, and that the City can only mitigate the impact to neighbors through screening and site placement. PLANNING COMMISSION &TING March 13, 1990 The public hearing was closed. Mr. Benard suggested that wording could be added to Condition #2 to stipulate that the dish antennas not be allowed in the protected view corridors as determined by the City Council. Mr. Benard said that even though this subject is already covered in the Code, this is a chance to give direction in this unique situation. Commissioner Brooks agreed that there was a need to emphasize to the lot owners that the dish must be designed out of the sideyards before the fact. Commissioner Von Hagen moved to approve the staff recommendation, deleting Condition #2 in Exhibit "A". The motion was seconded by Commissioner Hotchkiss. Commissioner Katherman offered an amendment to the motion suggesting that the condition remain with altered language, but the amendment was not accepted, and the motion passed 3-2 with Commissioners Brooks and Katherman dissenting. B. VARIANCE NO. 250, Commissioner Hotchkiss withdrew COASTAL PERMIT NO. 83; from voting on this issue due 202 Seascape to the fact that there could be a perception of conflict of interest since he has been a member of the area HOA for many years. Commissioner Brooks noted she had visited the site. The staff report was presented by Associate Planner Joel Rojas regarding the applicant's request to allow an existing 255 square foot deck to encroach 17 feet into the front 20' setback in the Coastal Setback Zone. Staff's recommendation is to approve the application with conditions. The public hearing was declared open, and since there were no speakers on the issue, it was closed. Commissioner Von Hagen moved to adopt the staff recommendation, Commissioner Brooks seconded the motion, and it passed 4-1 with Commissioner Hotchkiss abstaining. C. CONDITIONAL USE PERMIT Assistant Planner Bonnie Olson NO. 99 -- REV. "A" presented the staff report 29505 S. Western Ave. regarding the applicant's request to approve the CUP to permit off-site sales of alcoholic beverages within the market. Staff's recommendation is to approve the application with conditions. Commissioner Von Hagen suggested that the words "service and consumption" be removed from Condition #1 in Exhibit "A", and said that he would like to see the hours of operation consistent with other approved similar applications in the area. The public hearing was opened. Page 3 PLANNING COMMISSION 0ETING March 13, 1998 Guity M. Seif, 1986 W. 1st Street, San Pedro, applicant, stated that the hours of operation would be from 9am to 8pm. The public hearing was closed. Commissioner Von Hagen moved to adopt the staff recommendation, with the change to Condition #1, striking the words "service and consumption", and to make the hours of operation from 9am to 9pm. Commissioner Brooks seconded the motion, which was passed unanimously. CONTINUED BUSINESS A. SIGN PERMIT NO. 588 Associate Planner Joel Rojas 28733 S. Western Ave. presented the staff report regarding the applicant's request for after -the -fact approval of 14 permanent window signs, a change to the building mounted i.d. sign, a face change to the existing freestanding pole sign and year-round temporary window signs on a rotational basis. Staff's recommendation is to approve permanent window signs not exceeding 50 of the total window frontage, the pole sign face change, the new building mounted sign and a temporary sign program with conditions. Commissioners Von Hagen and Brooks complimented Planner Rojas on the staff report. The public hearing was opened. Albert Luong, 28733 Western Avenue, applicant, asked for clarification on Condition 5d in Exhibit "A" regarding flags and pennants. Mr. Ro3as stated that interior signs large enough to be read from the street and all such exterior signs were prohibited. Mr. Luong also asked if holiday lights were allowed, and Mr. Benard said that holiday lighting was generously not regulated. The public hearing was closed. Commissioner Hotchkiss noted that the word "not" should be added after "shall" on Condition 5a. Mr. Hotchkiss also stated he preferred permanent signs to temporary ones, and Commissioner Von Hagen said that while preparing the sign program, much testimony had been received that the merchants had specials and needed the flexibility. Commissioner Brooks moved to adopt staff's recommendation adding the word "not" to Condition 5a in Exhibit "A", and adding the word "exterior" to "flags, pennants, balloons or flashing signs" in Condition 5d. Commissioner Von Hagen seconded the motion, which passed unanimously. Page 4 PLANNING COMMISSION 0ETING March 13, 1990 STAFF REPORTS 1. Facades for Tract No. 45667 -- For the WattlA&H "Tremonto" tract, Mr. Benard stated that the staff report reflects the most recent designs provided to meet specific conditions in the CHP, and although there was a stipulation that the upper level be set back a minimum of six feet, the applicant was unable to meet the condition due to construction difficulties. However, Staff believes they have met the intent of the conditions. Commissioner Hotchkiss moved to approve staff recommendation to allow staff to review and administratively determine whether home designs are consistent with the intent of Condition 011>; Chairman McNulty seconded, and the motion passed unanimously. 2. Workshop Schedule -- Mr. Benard presented an updated schedule of City Council/Planning Commission joint workshops. Mr. Benard also announced that a lull in the submittal of applications would allow for cancellation of the Commission meeting on April 10th, and the Commissioners accepted the cancellation. COMMISSION REPORTS Commissioner Brooks inquired as to the status of the Abdalian code enforcement case, and Mr. Benard informed her that they had appealed the Commission's decision to the Council, who overruled the Commission and gave the applicant the small planters and a set schedule for conformance, that Mr. Rojas has kept the applicant informed that the time limit was nearing, and the applicant has filed landscape covenants. Commissioner Von Hagen declared his objections to the way the Pan Asian project was handled in front of the Council. Mr. Benard noted that the confirmations for accommodations at the San Diego conference had been handed out, and asked the attending Commissioners to keep mileage and expenses records. ADJOURNMENT The meeting was adjourned at 9:10pm to March 26, 1990 at Miraleste High School for a joint workshop with the City Council on the Housing Element. Page 5