PC MINS 19901009MINUTES n '�
PLANNING COMMISSION MEETING �N
OCTOBER 9, 1990
The meeting was called to order at 7s30pm by Chairman McNulty
at Hesse Community Park, 29301 Hawthorne Boulevard.
PRESENT McNulty, Von Hagen, Brooks, Katherman
ABSENT Hotchkiss
Also present were Director of Environmental Services Robert
Benard, Senior Planner Carolynn Petru, and Assistant Planners
Bonnie Olson, Terry Silverman and Fabio de Freitas.
COMMUNICATIONS
No communications were reported.
CONSENT CALENDAR
A. Minutes of September 25, 1990
B. ALTA VISTA VACATION -- Adopt P.C. Resolution No. 90-_.
C. P.C. Resolution No. 90-_, Encroachment Permit No. 18
(6400 Corsini Place)
Commissioner Brooks asked that Item C be removed from the
Consent -Calendar for discussion at the end of the agenda.
Ms. Brooks then moved approval of the Consent Calendar minus
Item C, Commissioner Katherman seconded, and the motion
passed without objection.
PUBLIC HEARINGS
A. HEIGHT VARIATION NO. Assistant Planner Bonnie Olson
668 -- APPEAL presented the staff report
4115 Miraleste Drive regarding the appellant's
request to overturn staff
denial of a 23' high second story addition to an existing
single story residence. Staff's recommendation is to uphold
the appeal, thereby approving the project. The public
hearing was opened.
Gary Chaffin, 4115 Miraleste Drive, applicant, asked the
Commission to uphold the appeal.
The public hearing was closed. Commissioner Von Hagen moved
to approve the staff recommendation, and Commissioner Brooks
seconded the motion. Commissioner Katherman expressed
PLANNING COMMIS N MEETING
October 9, 1990
concern that this could set a far view precedent. Chairman
McNulty noted that since the Commission hears each case on
its own merits, he did not believe that any actions taken
were precedent -setting.
The motion on the floor then passed on a 4-0 roll call vote.
B. HEIGHT VARIATION Assistant Planner Silverman
NO. 684 -- APPEAL presented the staff report
3300 PVDE regarding the appellant's
request to uphold the appeal
and overturn staff's denial of a second story addition to an
existing single story residence. Staff's recommendation is
to deny the appeal. The public hearing was opened.
Jerald Farrell, 3300 PVDE, appellant, objected to the staff
recommendation for several reasons, stating he believed that
the slope of his lot precluded him from having to apply for a
height variation, and also that no neighbors had objected to
the project. Mr. Farrell also stated that he did not believe
there was any impairment to the view from public property,
and that he felt the staff was inaccurately presenting the
view in question. He also added that there had originally
been no view at all from the sidewalk until he removed some
sick trees. Mr. Farrell also offered a compromise to remove
or trim yet more trees if he were allowed to go ahead with
the project, and presented a comprehensive report supporting
his statements.
Fred Boettcher, 2810 Colt Road, spoke in support of the
project as a neighbor, stating he did not feel there was any
view obstruction, especially to motorists on the dangerous
curve.
The public hearing was closed. Director Benard noted that
staff had determined that the appellant's lot does not
qualify as a downslope lot, and therefore a height variation
is necessary for the project. In response to the appellant's
statement that the staff was presenting the impaired view
inaccurately, Mr. Benard stated that staff objects to the
siting of the house relative to the designated vista, but
that the Commission could exercise discretion on this
element. Commissioner Brooks inquired about ownership of the
trees on the north side of the property, and Mr. Benard
stated that direction regarding those trees would either be
made part of the conditions of approval if they were on the
appellant's land, or referred to the Director of Public Works
if they were within the right-of-way.
Commissioner Katherman expressed concern that creating a
viewing area on the heavily -travelled curve could pose a
safety problem, and that the view didn't exist before the
diseased trees were removed anyway. Mr. Katherman further
suggested allowing the appellant to go ahead with the project
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PLANNING COMMIS MEETING
October 9, 1990
and making the selective removal or pruning of remaining
trees part of the conditions of approval.
Commissioner Von Hagen stated he had visited the site, and
agreed with Mr. Katherman regarding appropriate mitigating
measures to restore or initiate new view corridors with
control of existing vegetation. Mr. Von Hagen also stated he
did not see any view impairment from public property, and
that he was prepared to recommend upholding the appeal.
Commissioner Brooks agreed with Commissioners Von Hagen and
Katherman, and upon visiting the site, could not see the
impact of the project on the view from public property.
Commissioner Brooks moved to uphold the appeal and to
initiate view impairment mitigating measures through
Proposition "M" requirements by having the appellant's
foliage restricted to appropriate levels, and to have the
altered Resolution brought back to the Commission on the
November 13 agenda. Commissioner Katherman seconded the
motion.
On the request of an audience member, the public hearing was
reopened.
Sandra Farrell, 3300 PVDE, co -appellant, asked for
clarification on the foliage restrictions, and stated that
the diseased trees had provided protection from cars that
drove off the road onto their property. Mr. Benard stated he
would investigate appropriate vegetation for the public
corridor.
The public hearing was closed, and the motion passed on a 4-0
roll call vote.
C. VARIANCE NO* 277 Assistant Planner Silverman
26946 Fond du Lac presented the staff report
regarding the applicant's
request to allow construction of a 6' high concrete block
wail within the streetside setback and intersection
visibility triangle. Staff's recommendation is to approve
the request with conditions.
Commissioner Von Hagen expressed concern at the size and bulk
of the wall on the major street, and suggested that a
grapestake fence might be less obtrusive.
The public hearing was opened.
Stanley Mucha, 5538 Littlebow Road, representing the
Littlebow Area HOA, spoke in favor of the application, and
mentioned that the development sign could be painted and
upgraded.
The public hearing was closed. In response to a query from
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PLANNING COMMIS MEETING
October 9, 1990
the Commission, Planner Silverman stated that the wall would
be designed to match the wall across the street, with the
exception that it would only be 6' high. Commissioner Brooks
stated that although a block wall in this location did not
comply with the intent of the Code, there did not seem to be
a viable alternative. Commissioner Brooks moved to adopt the
staff recommendation, Commissioner Katherman seconded, and
the motion passed on a 4-0 roll call vote.
NEW BUSINESS
A. GRADING NO. 1428-- On the motion of Commissioner
REVISION (RDA) Von Hagen, the staff report was
Portugese Bend Landslide waived regarding the
applicant's request to allow an
additional 46,000 cubic yards of grading for landslide
stabilization. Staff's recommendation is to approve the
request with conditions.
Commissioner Katherman moved to adopt staff recommendation,
with a second from Commissioner Brooks, and the motion passed
on a 4-0 roll call vote.
B. GRADING NO. 1465 Assistant Planner de Freitas
1 Yellow Brick Road presented the staff report
regarding the applicant's
request to allow construction of multiple retaining walls.
Staff's recommendation is to approve the request.
John Schuricht, 27520 Hawthorne Blvd., representing the
applicant, asked the Commission to approve the application.
Mr. Benard stated that a grading application is normally done
by minute order, and the conditions could be read into the
minutes so there would be no need for it to return as an
agenda item. It was then decided to hold the item
temporarily while the conditions that follow were formally
written up.
THE FOLLOWING CONDITIONS ARE TO BE ADDED BY MINUTE ORDER AS
CONDITIONS OF APPROVAL FOR GRADING APPLICATION NO. 1465 AT 1
YELLOW BRICK ROAD:
1. The maximum quantity of grading shall not exceed 270
cu.yds. (a) 176 cu.yds. (fill) (b) 94 cu.yds. (cut)
2. The maximum height of the retaining wall within the front
yard shall not exceed 8'0" (maximum elevation: 526.0').
3. The maximum height of the rear yard retaining walls shall
not exceed an exposed height of 310".
4. The distance between each consecutive wall (in the rear
yard) shall be a minimum of 3.0".
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PLANNING COMMIS.N MEETING
October 9, 1990
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5. A landscaping plan shall be submitted and approved by the
Director of Environmental Services.
Commissioner Von Hagen moved staff recommendation with the
conditions listed above, Commissioner Katherman seconded, and
the motion passed on a 4-0 roll call vote.
C. MISCELLANEOUS HEARING
FOR CONDITIONAL USE
PERMIT NO. 140 --
CLARIFICATION OF A
CONDITION OF APPROVAL
550 Silver Spur Road
subterranean transformer
brief report with staff's
the matter.
The staff report was waived on
the motion of Commissioner Von
Hagen regarding the applicant's
request to clarify Condition
No. 11 of P.C. Resolution No.
88-66 to allow a semi -
vault. Staff distributed a
analysis and recommendation on
Commissioner Von Hagen moved approval, with a second from
Commissioner Katherman, and the motion passed on a 4-0 roil
call vote.
QUESTIONS FROM THE AUDIENCE
There were no questions from the audience.
STAFF REPORTS
EXTREME SLOPE PERMIT NO. 20 -- As per the Commission's
request, this item was returned with answers regarding the
foundation in this project. Director Benard reported that
Building and Safety structural engineers and geotechnical
consultants had thoroughly reviewed the support documents and
had determined the foundation was adequate.
P.C. RESOLUTION NO. 90-.,_,-, ENCROACHMENT PERMIT NO. 18, 6400
Via Corsini -- Removed from the Consent Calendar as per
Commissioner Brooks' request. Mrs. Brooks asked if it was
possible to alter the Resolution to allow the steps to be
built at this time. Director Benard stated that procedurally
the Commission could not alter a motion at this point, but
that they could decide not to vote on it and re -notice the
issue, or that the applicant could appeal the Commission
action and/or apply for the vacation process. Commissioner
Brooks moved to approve the Resolution as it stands,
Commissioner Von Hagen seconded, and it was declared the
order without objection.
LANDSLIDE TOUR -- In response to a query from Commissioner
Katherman, Mr. Benard stated that landslide tours could be
arranged for the Commissioners, either individually or in
groups of two.
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PLANNING COMMIS;* MEETING i
October 9, 1990
COMMISSION REPORTS
Commissioner Von Hagen objected to the parking of non -working
taxicabs in the property adjacent to 3300 PUDE. Mr. Benard
stated he would initiate an investigation.
Commissioner Von Hagen also noted that a garage sale in the
same area had created illegal parking problems on PVDE, and
asked how such problems could be handled, and if permits were
required for garage sales. Director Benard stated that the
illegal parking problem was under the jurisdiction of the
sheriff's department. Chairman McNulty suggested that the
City newsletter print a list of permits needed for various
functions so that the citizens could be made aware of the
need for such processes.
The meeting was adjourned at 9:24pm
and Planning Commission workshop for
1990, 6:00pm at Hesse Park.
to the joint City Council
Subregion I, October 16,
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