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PC MINS 19900626MINUTES PLANNING COMMISSION MEETING JUNE 26, 1990 at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT McNulty, Von Hagen, Hotchkiss, Brooks, Katherman 7-4 The meeting was called to order at 7:36pm by ChairmanMcNulty Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Senior Planner Carolynn Petru, Associate Planner Laurie B. Jester, and Assistant Planners Bonnie Olson and Fabi.o de Freitas. COMMUNICATIONS Chairman McNulty acknowledged receipt of the following communications: A letter from the City Attorney regarding use determination on the Windport property ; a letter from Allan White objecting to the proposed extension on SUP 76; a copy of a 10/17/89 letter from the Monaco Homeowners Association regarding the same issue, and a letter from LCB and Associates regarding CUP 155. A. Minutes of May 22, 1990 -- Commissioner Brooks asked that it be noted she visited 2027 Delasonde on Grading Permit 1405. B. Minutes of June 12, 1990 -- Commissioner Katherman asked that Grading No. 1176 - Revision "A", sections (b) and (c) in the motion, be clarified. Commissioner Katherman moved approval of the consent calendar as amended, Commissioner Hotchkiss seconded, and the motion carried unanimously. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT NO. 155, ENVIRONMENTAL ASSESSMENT NO. 601, VARIANCE NO. 252, GRADING PERMIT NO. 1442 Green Hills Memorial Park 27501 Western Ave. Associate Planner Laurie Jester presented the staff report regarding the applicant's request to approve a 100 -year master plan for the development of the cemetery. Staff's recommendation is to approve the applications with conditions. Director Benard noted the PLANNING COMMISON MEETING June 26, 1990 City Attorney's letter regarding installation of grave sites within the required setbacks, and Chairman McNulty acknowledged receipt of a letter from R. Booth Tarki.ngton regarding the issue. Robert Levonian, 436 W. Colorado, Glendale, representing the applicant, expressed thanks for the staff assistance he has received, and noted that no other area cemeteries have setback requirements applying to below ground burials. He also stated he would accept the average setbacks researched in the staff report, and agreed to relocate the family mausoleum 10' south as requested. Mr. Levonian also reviewed the changes he has made to accommodate staff and resident concerns. Rodman Small, 2110 PVDN, Lomita, representing the Vista Verde Owners Association, presented a prepared statement in support of the accommodations made by Green Hills management and in opposition to the smaller setback and requested that the Pacifica Mausoleum extension be set back 10 additional feet to the west. Roger Metzler, 1921 Avenida Feliciano, asked that the setback be adjusted to no less than 24' for privacy reasons and requested no solid walls on the common property line. Leo Connolly, 1953 Avenida Feliciano, asked that the setback be increased, perhaps by providing a perimeter road, and that the existing drainage swale be gated to keep children away, and that some sort of measures be taken to keep the cemetery eucalyptus tree roots from destroying adjacent neighbor's retaining walls. He agreed that setback landscaping be installed 10 years prior to adjacent phase development. Dick Brunner, 1906 Peninsula Verde Drive, representing Peninsula Verde Homeowners Association, objected to the proposed family mausoleums and "Garden Walls" on the basis of potential view impairment, and asked that the planned development phases be readjusted to keep the portion planned near his property from being built for a while. Gloria Valenti, 1948 Rolling Vista Drive, #40, Lomita, representing the Rolling Hills TownClub Association, stated that the reduced setback would adversely affect property values and asked for a 40' setback. R. Booth Tarkington, 1902 Peninsula Verde Drive, objected to the proposed "Garden Walls" in the setbacks and the reduction of the setback. Mike McClung, 1896 Peninsula Verde Drive, suggested that the cemetery make further concessions in exchange for a smaller setback, and suggested that the "garden walls" be no higher k,, than 2' to avoid view impairment from a seated position. He PLANNING COMMISSW MEETING June 26, 1990 asked to see details of proposed landscaping and he doesn't understand the grading. Arnold Oksenkrug, 1979 Avenida Feliciano, also objected to the reduced setback and to above -ground structures in close proximity to his property. Lori Brown, 2110 PVDN #205, objected to the noise of the burial equipment used by the cemetery. Dan Sword, 2067 Avenida Feliciano, asked that the setbacks not be reduced, citing loss of privacy and property value. Mr. Sword also passed out a copy of a petition signed by 19 residents opposing the master plan. He also stated that dust and grading was a problem, and that occasionally the Bell Tower is played at 6 a.m. on Sunday. Paul Deshler, 1814 Peninsula Verde Drive, noted that large piles of loose dirt in the cemetery previously blocked drain swale at the rear of all the residences on Ponte Verde and had caused a large amount of damage to his neighbor's property. Robert Giedt, 1836 Peninsula Verde Drive, also noted the dirt stockpiling done by the cemetery on a daily basis, and stated his objections to any reduction in the setbacks, and recommended greater than 40' setback. Henry Jeffries, 2110 PVDN #101, asked about the inverse condemnation aspects of this issue. Director Benard stated that the City Attorney had opined that the staff position in relation to the setbacks was appropriate and free of inverse condemnation aspects. Mr. Jeffries stated his objections in the setback reduction and concerns with landscaping and grading requirements being too vague and the erosion problem. Charles Bella, Councilman, City of Lomita, no address given, asked the City to look into the dirt stockpiling and erosion problem which is blocking drams and asked that the landscaping height be specified. David Brinn, 1935 Avenida Feliciano, expressed concern about the potential drainage problems. Robert Levonian, 436 W. Colorado, Glendale, stated that the drainage problem brought out by the residents could be addressed if the City desired. Mr. Levonian also expressed objection to homeowners attempting to exercise control over the cemetery property, and pointed out that his company has made efforts to meet with the property owners and work out compromises. He also stated that a re -grading plan indicating a balanced distribution of stockpiled dirt had been submitted and detailed plans of Phase I were all submitted. Page 3 PLANNING COMMISS"!'dN MEETING June 26, 1990 9, Commissioner Hotchkiss expressed concern regarding grading, the stockpiling of dirt and related erosion and drainage problems and asked that the CUP concern Phase I only. Director Benard suggested that the conditions be stated to be appropriate to Phase I only, and that any development on Phases 2 through 5 require submission of a major revision of the CUP. All Commissioners agreed with the suggestion. Commissioner Brooks stated her concern regarding the smaller proposed setbacks, the dirt stockpiling, and suggested that better communication was needed with some of the residents. Commissioner Katherman suggested that a water conservation plan be included in the master plan, and that he was not willing to approve the CUP for 100 years, but for Phase I only. Mr. Katherman also stated that he felt that the weekend hours of operation for construction equipment should be revised to be more restrictive. Commissioner Von Hagen commended the 100 -year master plan, and stated his support for a continuation of the hearing to examine the possibility of approving the CUP for Phase I. Mr. Von Hagen also suggested that the conditions clearly indicate that the applicant should have the prior written approval of the Director of Environmental Services for any dirt placement, and also expressed concern regarding grading and drainage problems. Chairman McNulty suggested continuing the item for further study, and expressed his support for a 20 -year CUP for Phase I only. Mr. McNulty also noted the need to give the applicant further time to respond to the grading and drainage concerns brought up by the speakers, and that there should be a height limit on the proposed family mausoleum to avoid view impairment. Director Benard noted that the dirt stockpiling would be a code enforcement issue only if a hazard was created or a code violated; otherwise, it was not within the context of the application. Commissioner Brooks moved to continue the public hearing to July 24, 1990, Commissioner Hotchkiss seconded the motion, and it passed unanimously. A 15 -minute recess was called at 9c35pm. B. CONDITIONAL USE PERMIT The staff report was waived NO. 153 on the motion of Commissioner Unocal Station Hotchkiss, seconded by 31186 Hawthorne Blvd. Commissioner Katherman. Page 4 PLANNING COMMIS MEETING June 26, 1990 Commissioner Hotchkiss then moved acceptance of the staff recommendation to allow an increase in the gasoline island canopy clearance height from 13'3" to 1416", Commissioner Von Hagen seconded, and the motion passed without objection. C. VARIANCE NO. 261, Assistant Planner Olson GRADING PERMIT NO. 1437 presented the staff report 6111 Arrowroot regarding the applicant's request to approve grading within an extreme slope and within the required side setback for construction of a structure and freestanding retaining wall, a 10' encroachment in the front setback and 400 cubic yards of grading for downslope retaining walls. Staff's recommendation is to approve the grading for the retaining wall within the setback and extreme slope with conditions, and to deny the 10' encroachment and grading for the downslope retaining walls. Russell LaRose, 6111 Arrowroot, applicant, presented slides of compatible homes in his area and outlined the project. The public hearing was closed, and Commissioner Brooks noted that she had visited the site. She also expressed concern regarding the encroachment into the side setback. Commissioner Katherman suggested that Condition 6 of Exhibit "A" be revised to allow the covered entry to encroach into the setback but to deny a carport use within the front setback. Commissioner Von Hagen moved to adopt staff recommendation as amended, Commissioner Katherman seconded, and the motion passed 4-1 with Commissioner Brooks dissenting. D. EXTREME SLOPE NO. 23 The staff report was 29126 Oceanridge presented by Director Benard regarding the applicant's request to allow construction of a deck over an extreme slope. Staff's recommendation is to approve the request with conditions. The public hearing was opened, but as there were no speakers to the issue, it was closed on the motion of Commissioner Hotchkiss, seconded by Commissioner Katherman. Commissioner Hotchkiss moved to adopt staff's recommendation, Commissioner Katherman seconded, and the motion passed unanimously. CONTINUED BUSINESS A. CONDITIONAL USE PERMIT Director Benard stated that NO. 23 REVISION "PP", the applicant had requested a GRADING PERMIT NO. 1388 continuance so that the 32541 Seacliff Drive revised plans could be submitted, but that staff Page 5 PLANNING COMMISON MEETING June 26, 1990 recommended tabling the stem until adequate revised plans were submitted, at which time the item would be rescheduled. Commissioner Brooks moved to table the item, Commissioner Katherman seconded the motion, and it passed without objection. B. USE DETERMINATION APPEAL End of Windport D adjustment of zoning district boundary line of the code, and that the applicant submit a -- Director Benard stated that the City Attorney had ive, determined that the action the Commission had taken on this item at the previous meeting was inappropriate pursuant to various sections it would be more appropriate to have rezoning application. Tim Burrell, 4038 Exultant Drive, agreed with the City Attorney, but asked that a shorter Resolution be adopted carrying forward the original motion or to just table the item altogether. Director Benard stated that the original motion had been advised against, but agreed with procedurally tabling the issue. Commissioner Brooks moved to suspend the previous action and table the item. Commissioner Von Hagen seconded the motion. Chairman McNulty expressed disagreement with the City Attorney's evaluation that the Commission had acted improperly, and stated his support for the original action. At this point, Commissioner Von Hagen withdrew his second, and Commissioner Brooks restated her motion to merely table the item, but not to suspend the previous action. Commissioner Katherman seconded the new motion, and it passed 4-1 with Chairman McNulty dissenting. C. SPECIAL USE PERMIT The staff report was NO. 76 -- EXTENSION presented by Planning Tract No. 45667 Administrator Curtis Williams PVDS/Seahill Drive regarding the applicant's request to approve an extension on the permit to allow the use of rock crushing equipment until October 31, 1990. Staff's recommendation is to deny the requested extension. Commissioner Von Hagen noted that although he had dealt with the previous owners of the project, the City Attorney had determined that his participation in voting on this issue would not constitute a conflict of interest. Steve Kaplan, 1334 Park View, Manhattan Beach, applicant, reviewed his company's noise and dust control efforts, and Page 6 PLANNING COMMIS& MEETING June 26, 1990 asked that three months that the machinery was inoperative during the beginning of the approved operation period be added now at the end to allow the operation to continue. Neil Patren, 1334 Park View, Manhattan Beach, project manager for the applicant, answered Commissioner Katherman's inquiries regarding transportation costs of uncrushed materials. Thomas J. Mattis, 3 Thyme Place, spoke in support of the permit extension. Joe Sullivan, 32679 Seagate Drive, spoke against extension of the permit, citing excessive noise and early operation hours. J. W. Mohlman, 32542 Coastsite, a member of the Seahill Townhomes Homeowners Association, asked that the uncrushed rock be taken elsewhere for crushing, such as Long Beach. Phil Robinson, 3205 Barkentine Road, also spoke against the extension, asking that the rocks be crushed elsewhere, and noting that the trucks were wrecking the roads. Mary Jo Morris, 6407 W. Sealpoint Court, representing the Seabluff Board of Directors, expressed concern about the dust problem at the building site. Bud Di Giovanni, 6502 Sandy Point Court, also noted that there was excessive dust on the site. Commissioner Brooks noted that she had received a letter from Mr. Di Giovanni regarding the issue. Mrs. W. G. Kelly, 6611 Vallon Drive, spoke against the extension, stating that the watering did not work to keep the dust levels down. Jean Nerko, 6 Packet Road, also cited dust problems from the site, and spoke against the extension. Jack Morris, 6407 Seal Point Court, spoke against the extension, citing dust problems. Marjory Jensen, 32614 Coastsite Drive #G, spoke against the extension, stating that dust particles and slivers of rock were emitted by the equipment. Lois Larue, 3136 Barkentine Road, suggested a conflict of interest on Commissioner Von Hagen's part, and asked that he not vote on the issue. Steve Kaplan, 1334 Parkview Avenue, Manhattan Beach, spoke to some of the residents' concerns, stating that the rock could not be crushed in Long Beach, that the water truck was always operating, that the noise requirements were always being met, Page 7 PLANNING COMMISON MEETING ,Tune 26, 1990 that the dust was not caused by the rock crusher, and that the job would take 3-4 months longer if the rock crusher were not used. Commissioner Hotchkiss stated his dislike for changing requirements "midstream," and suggested giving the applicant a three-month extension with a 2 -week extension after that. Commissioner Katherman expressed concern regarding the impact of the entire site on the surrounding community, and stated he would suggest denial of the extension unless the other options were unsatisfactory. Commissioner Von Hagen noted that the issue seems to be dust control, and that the use of the rock crusher would shorten the entire dust -producing grading operation. Mr. Von Hagen stated his support of a three-month extension. Commissioner Brooks stated she felt there was a significant impact of the crushing operation, and suggested the operation be moved to another area. Chairman McNulty reminded the speakers that there were two years of hearings in which the major concern voiced by residents was the possible proliferation of truck traffic, and that the rock crusher was the fastest method by which to get the job done and with the least amount of traffic. Mr. McNulty also noted that the originally approved project dial not include this much grading, and that since he wants to see it over and done with, he supports the extension. Commissioner Hotchkiss moved to give the applicant a three- month extension with a 2 -week extension to follow, with the condition that the applicant work with staff to develop mitigating measures to control the dust at the crusher and during excavation at all times. Chairman McNulty seconded the motion. Commissioner Katherman stated he felt the mitigation measures should be required immediately, and then he could support the extension. The motion passed 3-2 with Commissioners Brooks and Katherman dissenting. ADJOURNMENT The meeting was adjourned at 12:47am. Page 8