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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 Page 2 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 Page 3 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". Page 4 PLANNING COMMIS.N MEETING October 9, 1990 0 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. Page 5 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, Page 6