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PC MINS 19910409MINUTES PLANNING COMMISSION MEETING Y / APRIL 9, 1991 The meeting was called to order at 7:40pm by Chairman Von Hagen at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Von Hagen, McNulty, Hotchkiss, Brooks, Katherman (arrived 7:47pm) ABSENT None Also present were Director of Environmental Services Robert Benard, Senior Planner Carolynn Petru, Associate Planner Terry Silverman, and Assistant Planners Fabio de Freitas and Kim Klopfenstein. COMMUNICATIONS Chairman Von Hagen acknowledged the following communications: * Updated Conditions of Approval on Variance No. 284. * A letter from the applicant agreeing to the Conditions of Approval on Variance No. 284. * Revised Conditions of Approval for CUP No. 131 * A letter from John Sharkey regarding CUP 161 * A memo from the Director regarding Grading Permit 1483. * Letters from John Simich and William Moore regarding CUP 161. CONSENT CALENDAR A. Minutes of March 12, 1991. B. CONDITIONAL USE PERMIT NO. 132 -- REV. -A-; ENVIRONMENTAL ASSESSMENT NO. 619; Miraleste Elementary. C. CONDITIONAL USE PERMIT NO. 31 -- REV. -B-; Tract 33206, Lot 29. Commissioner Brooks moved, seconded by Commissioner McNulty and carried, to approve the consent calendar. PUBLIC HEARINGS A. VARIANCE NO. 284 The staff report was waived on 7341 Berryhill Drive the motion of Chairman Von Hagen regarding the applicant's request to allow solar panels to extend a maximum of 18 feet into an extreme slope. Staff's recommendation is to approve the request with conditions. Commissioner McNulty suggested PLANNING COMMISSIONGETING April 9, 1991 concealing the obtrusive black solar panels from the neighbors with landscaping, and Chairman Von Hagen pointed out that other color panels were also available. Marlene Galvin, 7333 Berryhill Drive, a next-door neighbor, spoke in opposition to the variance, stating that the panels were unattractive and visible from all parts of her property. The public hearing was closed and then re -opened to allow the applicant to speak. Robert Christy, 7341 Berryhill Drive, applicant, explained that there was not enough surface area for the panels on the roof, and that there was too much shadow to place them more to the west, but that he would be happy to landscape around them in the suggested location. The public hearing was closed. Commissioner Brooks moved to adopt staff recommendation with an amendment to require screening foliage to be placed on the northeast corner of the property line, and to have the staff research the possibility of centering the panels as appropriate in the rear slope. Commissioner Hotchkiss seconded the motion, which passed 4-1 with Commissioner McNulty dissenting. B. VARIANCE NO. 292 Associate Planner Terry 4364 Admirable Dr. Silverman presented the staff report regarding the applicant's request to allow construction of a bay window 8 feet into the front setback and 12 feet from the front property line. Staff's recommendation is to approve the request as submitted. The public hearing was opened, and since there were no speakers to the issue, it was then closed. Commissioner McNulty moved to adopt the staff recommendation, and Commissioner Batherman seconded the motion, which passed unanimously. a�dl dtsa+Jssk1-^, C. CONDITIONAL USE PERMIT Commissioner Kathermfi excused NO. 161 himself from voting on this 18 Rockinghorse Road issue since he was the appl icant ow.d �r, Director Benard presented the staff report regarding the applicant's request to allow the continued use of a guest house as a second residential unit on a single-family residential lot. Staff's recommendation is to approve the request with conditions. Mr. Benard noted that the staff had based its recommendations on state laws that set forth applicable standards in the absence of local ordinances, and since the General Plan was in accordance with all state laws, the application was tested on these state standards. Mr. Page 2 PLANNING COMMISSION 0ETING • April 9, 1991 Benard also read into the record letters from John Simich and from William Moore and David Gibler opposing the CUP. Robert Katherman, 18 Rockinghorse, applicant, stated that he was not receiving rent for the unit, just reimbursement of expenses, and agreed to limit the tenants to relatives only. Mr. Katherman also stated that he would file for a parcel map if the CUP was denied. Warren Sweetnam, 7 Top Rail Lane, spoke in support of the application, stating he had no objection to the second unit if no rent was received. Commissioner McNulty asked how the City would be able to find out if the applicant was collecting rent or not, and suggested that if the kitchen were removed, it would be easier to monitor. Dave English, 2 Top Rail Lane, also spoke in support of the CUP, stating that there had never been any problems with the unit, and that a lot split with a potential of two large houses was much worse. Ed Watkins, 26 Rockinghorse, spoke against the CUP, stating it would be precedent -setting. Mary Ann Pocapalia, 14 Rockinghorse, also spoke against the CUP and stated that the kitchen had been installed in the 1980's by the last owner. She also admitted there had never been a traffic problem created by the second unit, and that she still objected to it even if it was only used by non - renting family members, but that she did not object to the lot split. Charlyn Gallio, 2809 Via E1 Miro, opposed the CUP, stating it was contrary to the General Plan and would create a low- income rental precedent. She claimed it would also cause potential liability to the City and questioned the sewage disposal system, which Director Benard stated would be looked into. Ms. Gallio also said she did not object to a lot split. William Moore, 1 Bridle Lane, representing the Rockinghorse Community Association, stated he objected to the second unit, but that their Association guidelines stated the second units were allowed if only occupied by family members not paying rent. Maureen Griffin, 5 Ginger Root Lane, representing both the RPV Council of Homeowners and the Mesa Palos Verdes Homeowners Association, read from a prepared statement opposing the CUP on the grounds that it was contrary to the General Plan. Page 3 PLANNING COMMISSION 0ETING April 9, 1991 • John Sharkey, 30320 Avenida de Calma, spoke against the CUP, even if the unit was only used by family members rent-free. The public hearing was closed, then re -opened to allow the applicant rebuttal time. Robert Ratherman, 18 Rockinghorse, acknowledged the apparently overwhelming opposition to his application, and noted the need for a City policy or guidelines regarding this issue. Mr. Katherman then stated he was withdrawing his application with regret. The public hearing was re -closed. Commissioner McNulty moved, seconded by Commissioner Brooks, to accept the applicant's verbal withdrawal and to receive and file, and the motion passed without objection. Commissioner Brooks commended Mr. Katherman for raising the issue, and said she hoped this would trigger an examination of the need for low-income housing. RECESS AND RECONVENE A 15 -minute break was called at 9:45pm. CHANGE IN AGENDA Without objection, the Commission voted to hear Public Hearing Item "F" out of order. F. VARIANCE NO. 281 Assistant Planner de Freitas 27011 Diamond Head presented the staff report regarding the applicant's request to allow a reduction of both the sideyard and rear yard setbacks of greater than 20% for a trellis and solar panels. The staff recommendation is to deny the request. Leon Spasser, 27011 Diamond Head Lane, applicant, gave a history of the structures in question, and stated he would be willing to move the solar panels to the roof. Mr. Spasser also claimed that the plans for the trellis had been approved before the City was incorporated although the work had not been completed until much later. Gil Steiner, 5002 Silver Arrow, objected to the variance, stating that the structures caused view impairment and had an unpleasant appearance, but that if the solar panels were relocated, his objection to the trellis was minor. Nancy Ganahl, 27019 Diamond Head Lane, agreed with the staff recommendation to deny the variance, and stated that the structures were impairing her view and decreasing her property value. Robert Ganahl, 27019 Diamond Head Lane, claimed that the applicant's structure was actually built on the property Page 4 PLANNING COMMISSION ETING April 9, 1991 C line, and objected to the variance due to view impairment, especially by the solar panels. The public hearing was closed. Planner de Freitas concurred that the site plan submitted by the applicant was inconsistent with the tract map, and it appeared the fence was indeed on the property line. Commissioner Hotchkiss moved to adopt the staff recommendation to deny the variance, and Commissioner Katherman seconded the motion. Chairman Von Hagen stated he could not support the motion, and wanted a compromise to minimize the impact on the neighboring views and to require tree lacing. Commissioner Katherman withdrew his second from the motion on the floor, and made a substitute motion to adopt staff alternative #2 to approve the applicant's request with conditions to remove both solar panels and to lace the trees. The motion failed for lack of a sec nd. Chairman Von Hagen moved to approve the applicant's request with the conditions that the solar panels be removed; the trees be laced; that a Landscaping Covenant be submitted, and permitting the encroachment into the side and rear yards. Commissioner McNulty seconded the motion, which passed 4-1 with Commissioner Katherman dissenting. D. VARIANCE NO. 290, Associate Planner Terry ENCROACHMENT PERMIT NO. Silverman presented the staff 19, GRADING PERMIT report regarding the NO. 1522 applicant's request to allow 4524 PVDE construction of two pilasters with lights in the public right-of-way and grading for construction of a 5' high retaining wall within the front yard setback in an extreme slope. Staff's recommendation is to approve the request subject to the conditions of approval in Exhibit "A". The public hearing was opened. Jerri Grindle, 116 - 9th St., Del Mar, architect representing the applicant, stated the retaining wall was necessary to hold back the eroding slope, and that one pilaster is to be freestanding and the other is to be constructed adjacent to the existing retaining wall. The public hearing was closed. Commissioner McNulty moved to adopt the staff recommendation, Commissioner Hotchkiss seconded, and the motion passed unanimously. E. VARIANCE NO. 282 2?995 PVDE It was noted that this application had been withdrawn by the applicant. Page 5 PLANNING CON14ISSIONOETING April 9, 1991 QUESTIONS FROM THE AUDIENCE STAFF REPORTS • There were no questions from the audience. * Director Bernard stated that due to time constrictions, the next meeting on 4/23 would start at bpm. * He also noted that a special meeting was needed for Kajima, perhaps on Monday 5/6, and Chairman Von Hagen suggested that the meeting be held at Hesse Park or the Community Room, rather than Ladera Linda. * Director Benard reported that the Planning Commission Institute speaker recommended by Commissioner Katherman would be available to address the Commission on 5/14 or 5/28 as an information item. ADJOURNMENT The meeting was adjourned at 11:20pm. Page 6