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PC MINS 19920324M I N U T E S (� E) PLANNING COMMISSION REGULAR MEETING MARCH 24, 1992 IIMIM03N The meeting was called to order at 7:10 PM by Chairman Katherman at the Hesse Park Community Room, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed. II. ROLL CALL PRESENT: COMMISSIONERS ALBERIO, BYRD, CLARK, HAYES, LORENZEN AND MOWLDS AND CHAIRMAN KATHERMAN. L" 1 -1.16-3 a %I a 1 %! to] %I I M N ALSO PRESENT: ACTING DIRECTOR OF ENVIRONMENTAL SERVICES CAROLYNN PETRU, ASSISTANT PLANNER KIM KLOPFENSTEIN, ASSOCIATE PLANNER TERRY SILVERMAN, ASSISTANT PLANNER PAUL ESPE AND ASSOCIATE PLANNER JOEL ROJAS. III. REPORTS AND COMMUNICATIONS A. STAFF Acting Director of Environmental Services Petru requested clarification regarding previous Planning Commission direction on Variance No. 327, Grading Permit No. 1612 and Coastal Permit No. 109, Gene Summers, 108 Spindrift. The Commission clarified that the City Geologist should review and approve geological reports prior to Planning Commis- sion consideration of the project. There was a brief discussion as to whether the contents of the geological reports are consistent with information provided by the applicant during previous Planning Commission considera- tion of the project. Acting Director Petru stated that the joint Planning Commission/Parks & Recreation Committee meeting scheduled for March 25, 1992 has been canceled and that staff will notify the Commission of the new meeting date. Acting Director Petru noted the upcoming Development Code Subcommittee Workshop scheduled for March 25, 1992. B. COMMISSION V. CONSENT CALENDAR A. MINUTES OF FEBRUARY 5, 1992 Manor revisions were made to the Minutes of February 5, 1992. B. CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. 182, GRADING PERMIT NO. 1066 -EXTENSION: MARRIOTT'S SENIOR LIFE CARE FACILITY, CRENSHAW AND CRESTRIDGE There was a consensus of the Commission to move Consent Calendar Item B to Continued Business. MOTION: Commissioner Hayes moved, seconded by Commissioner Clark to approve the Consent Calendar as modified. There being no objection, it was so ordered by the Chair. VI. PUBLIC HEARINGS A. VARIANCE NO. 322, GRADING PERMIT NO. 1589 MR. AND MRS. LEBENTAL, 9 VIA SUBIDA Assistant Planner Klopfenstean presented the staff report with the recommendation for approval with conditions. She provided clarification with regard to various recommended Condi- tions of Approval and noted that the City has not received any communications in opposition to the project. Planning Commission Minutes March 24, 1992 2 Applicant Lebental, 9 Via Subida, came forward to voice his agreement with the recommended Conditions of Approval. There being no further discussion, the following motions were offered. MOTION: Commissioner Mowlds moved, seconded by Commissioner Alberio, to close the public hearing. There being no objection, it was so ordered by Chairman Katherman. MOTION: Commissioner Alberio moved for the approval of Variance No. 322 and Grading Permit No. 1589 according to Alter- native No. 3, including Conditions of Approval as modified. The motion was seconded by Commissioner Hayes and it was so ordered without objection. Appeal rights were noted. B. VARIANCE NO. 317, MR. CHAGNOVICH, 27841 WESTERN AVENUE Assistant Planner Klopfenstein presented the staff report with the recommendation for denial of the project. Acting Direc- tor Petru related staff's recommendation that, should the Commis- sion approve the request, the applicant be required to obtain all necessary Building Permits to bring the garage up to Code requirements for habitable space. Chairman Katherman opened the public hearing. Applicant Robert Chagnovich, 27841 Western Avenue, related his objection to staff's recommendation for denial. Providing background information, he explained that the garage was originally a model home office and that the garage door was operable when he purchased the property. He confirmed that the garage has never been used for its intended purpose. Applicant Mary Chagnovich, 27841 Western Avenue, indicated that the garage door is not currently operable. MOTION: Commissioner Byrd moved, seconded by Commissioner Mowlds, to close the public hearing. There being no objection, it was so ordered by Chairman Katherman. Planning Commission Minutes March 24, 1992 3 waw ope-m%mAe- and firur�c-1'►or al W5 OL Wh4th +he-, The Commission noted that the garage rerno►%v%eA %v% -NA-%ck* c<>r%-F1 i�r%+ -it long the neighborhood was incorporated int6-the City of_'RanchoPalos Verdes. Acting Director Petru explained staff's recommendation that the property owner provide two parking spaces in the existing garage or provide two new enclosed spaces on the property. There was discussion about directing the applicant to work with staff to explore aLternatives which would conform to Development Code standards. k MOTION: Commissioner Alberio moved for a continuance of Variance No. 317 for the applicant to work with staff toward a proposal within the Code. The motion was seconded by Commis- sioner Hayes. Commission discussion continued over whether the the ap- plicant should be required to reconvert the garage back to its intended use. Assistant Planner Klopfenstein re -stated staff's recommenda- tion for denial of Variance No. The motion to continue was withdrawn. MOTION: Commissioner Mowlds moved to deny Variance No. 317 as recommended by staff, including the following condition: 0 That Code enforcement be suspended for 90 days so that the applicant can explore various alternatives for providing the required enclosed parking spaces on the site. The motion was seconded by Commissioner Alberio and, there being no objection, it was ordered by Chairman Katherman. The Commission expressed its sympathy with the situation. However, precedent -setting concerns over the use of a garage as habitable space were emphasized. Appeal rights were noted. 4 Planning Commission Minutes March 24, 1992 • • C. VARIANCE NO. 319, MR. AND MRS. JOSEPH YANKOVICH 4351 MIRALESTE Associate Planner Silverman presented the staff report with the recommendation for approval as conditioned. Chairman Katherman opened the public hearing. Project Architect William Lusby, 150 W. 6th Street, Suite 203, San Pedro, related his willingness to answer questions. There being no other speakers, the following motions were offered. MOTION Commissioner Mowlds moved to close the public hear- ing. The motion was seconded by Commissioner Clark and, there being no objection, it was so ordered by Chairman Katherman. MOTION. Commissioner Byrd moved for the approval of Variance No. 319, including Conditions of Approval recommended by staff. The motion was seconded by Commissioner Hayes and, it was so ordered without objection. Appeal rights were noted. D. MINOR EXCEPTION PERMIT NO. 429 - APPEAL STEVE CHANG, 27892 PALOS VERDES DRIVE EAST Assistant Planner Espe presented the staff report with the recommendation for denial of the appeal, thereby upholding staff's approval of the request. A letter from the applicant asking for an approval of the project was noted. Chairman Katherman opened the public hearing. On behalf of Mr. and Mrs. Pat Brown, 27996 Palos Verdes Drive East, appellants, Ms. Marilyn Pike, 27996 Palos Verdes Drive East, distributed a letter and presented photos to substan- tiate the Brown's opposition to the storage shed located at 27892 Palos Verdes Drive East. Ms. Pike maintained that there is other space on the property where a storage shed could be placed. MOTION: Commissioner Mowlds moved to close the public hear- ing. The motion was seconded by Commissioner Lorenzen and, there being no objection, it was so ordered by Chairman Katherman. Planning Commission Minutes March 24, 1992 5 • • Assistant Planner Espe confirmed that Code enforcement is currently pending with regard to an additional violation on the property that was also observed by visiting Planning Commis- sioners. Noting the apparently large size of the applicant's lot, the Commission questioned why a Minor Exception Permit was granted. The Commission called attention to the apparently large eave overhang on the rear of the garage. Assistant Planner Espe indi- cated that the Conditions of Approval for the project include a maximum eave projection of four inches for every one inch of ap- proved setback. MOTION: Commissioner Alberio moved to uphold the appeal of Minor Exception Permit No. 429, thereby overturning staff's ap- proval of Minor Exception Permit No. 429. The motion was seconded by Commissioner Hayes and, there being no objection, it was so ordered by Chairman Katherman. Staff indicated that a resolution will be presented for Com- mission approval on March 31, 1992 and that applicant will be notified of the Commission's decision. At 8:30 PM there was a recess until 8:45 PM when the meeting reconvened in regular agenda order. E. DRAFT EIR NO. 37 (CUP NO. 92-REVISION"D", VARIANCE NO. 270 AND GRADING PERMIT NO. 1485) THE SALVATION ARMY, 30840 HAWTHORNE BOULEVARD Associate Planner Rojas presented the staff report with the recommendation that the Commission open the public hearing and receive public comment on the Draft Environmental Impact Report. He confirmed that the item was properly noticed; advised that comments should be directed to the Environmental Impact Report and not the Conditional Use Permit; indicated that hearings on the project will be scheduled once the Final Environmental Impact Report is completed; provided input with regard to a "tiered" En- vironmental Impact Report; and explained that CEQA requirements provide for a forty -five-day review of the Environmental Impact Report but that a thirty -day review period had been approved by the State clearinghouse. Planning Commission Minutes March 24, 1992 0 During discussion of time constraints pertaining to the project, Acting Director Petru noted that CEQA requirements provide for an additional 90 days to act on the project once the Final Environmental Impact Report has been certified. The Commission expressed its concern that, should the ap- plicant wish to construct a major structure not included in the current master plan, a supplemental Environmental Impact Report would not be required. Explaining City procedures for master plans, Acting Director Petru assured the Commission that staff would examine any proposed revisions to determine if an addendum or supplemental Environmental Impact Report would be necessary. Chairman Katherman opened the public hearing. Mr. Tom Holm, Director of Environmental Services, The Keith Companies, 2995 Redhill Street, Costa Mesa, gave an overview of the Draft Environmental Impact Report. Stating her opposition to the project, Ms. Lois Larue, 3136 Barkentine Road, voiced her opinion that this hearing was not properly noticed. Associate Planner Rojas provided specific in- formation as to the elements of the Master Plan. Acting Director Petru advised those present that the hearing was properly noticed. Project Architect Thomas Hause of HRC Consultants, Inc., 151 Oak Knoll Avenue, Pasadena, briefly explained the master plan. The Commission noted the difficulty of considering a master plan. The idea of requiring a view analysis from Palos Verdes Drive South in the Environmental Impact Report was discussed. The Commission agreed that the proposed four-story building should be silhouetted. A Commission tour of the site was tenta- tively scheduled for Saturday, May 23, 1992, 1:00 PM. Mr. Gary Amo, reporter for the Peninsula News, came forward to relate his understanding of procedures for placing public notices in the Peninsula News. MOTION: Commissioner Mowlds moved that the public hearing for Draft Environmental Impact Report No. 37 be closed. The mo- tion was seconded by Commissioner Alberio and, there being no ob- jection, it was so ordered by Chairman Katherman. Planning Commission Minutes March 24, 1992 Acting Director Petru clarified that written comments will be accepted until the Environmental Impact Report review period concludes and that the Conditional Use Permit hearings for the project will receive a separate public notice. Consent Calendar Item B was moved to Continued Business, Item A.. VII. CONTINUED BUSINESS A. CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. 182 AND GRADING PERMIT NO. 1066 -EXTENSION, MARRIOTT'S SENIOR LIFE CARE FACILITY, CRENSHAW AND CRESTRIDGE Mr. Paul Titcher of the Marriott Corporation) 2049 Century Park East, 28th Floor, Los Angeles, explained the Marriott Corporation's request for a second, one-year time extension for the development of a Senior Life Care Facility. He confirmed that the project is currently in litigation and related his un- derstanding that the Marriott Corporation owns the subject property. Acting Director Petru provided input with regard to the Commission's ability to grant time extensions. Mr. J. J. D. McLaren, 2932 Palos Verdes Drive South, stated his understanding as to the time frame of the litigation involv- ing the project. Ms. Lois Larue, 3136 Barkentine Road, voiced her concern that the appellant was not present and that the item was not properly noticed. She expressed her understanding that the project would be in violation of the General Plan. Acting Director Petru confirmed that the request was not noticed and that it was not a public hearing. She noted that the previous time extension for the project expires on April 18, 1992. MOTION: Commissioner Mowlds moved to grant a one-year time extension for Conditional Use Permit No. 131, Variance No. 182 and Grading Permit No. 1066. The motion was seconded by Commis- sioner Clark and ultimately passed by a 5-2 majority roll call vote (See Below). Planning Commission Minutes March 24, 1992 The Commission discussed whether the request should be con- tinued to notice parties involved in related ligitation or whether the one-year time extension should be granted, given the current status of litigation. It was pointed out that interested parties could voice their opinions during City Council considera- tion of the item, should the Commission approve the request. The motion to approve the one-year time extension for Condi- tional Use Permit No. 131, Variance No. 182 and Grading Permit No. 1066 was passed by the following 5,-2 majority roll call vote: AYES: COMMISSIONERS ALBERIO, BYRD, CLARK, HAYES AND MOWLDS. NOES: COMMISSIONER LORENZEN AND CHAIRMAN KATHERMAN. Appeal rights were noted. Staff confirmed that parties in- volved in related litigation will be noticed of the Commission's action. IX. QUESTIONS FROM THE AUDIENCE A. Ms. Lois Larue, 3136 Barkentine Road, expressed her concern that the City may be planning to approve second dwelling units in single-family residential areas. B. Mr. J. J. D. McLaren, 3923 Palos Verdes Drive South, elaborated on his opposition to Site Plan B for Subregions 7 and 8. The Commission asked Mr. McLaren to submit his comments in writing for the Commission's upcoming consideration of the project on March 31, 1992. Acting Director Petru noted that the public hearing on Subregions 7 and 8 is closed. Planning Commission Minutes March 24, 1992 PC X. ORAL COMMUNICATIONS A. In reference to Variance No. 317 (Chagnovich - Variance No. 317) considered earlier in this meeting (See Page 3), Chair- man Katherman asked that the Development Code Subcommittee look into the possibility of a Code revision which would equitably prohibit parking automobiles on public streets and in front yards. Commissioner Byrd explained that he would like to see an ordinance which precludes parking recreational vehicles on public streets. XI. ADJOURNMENT At 10:55 PM the meeting was formally adjourned to Tuesday, March 31, 1992, 7:00 PM. Planning Commission Minutes March 24, 1992 10