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PC MINS 19920811• MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 11, 1992 The meeting was called to order at 7:10 p.m. by Chairman Katherman at Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA. PRESENT Chairman Katherman, Vice Chairman Byrd, Commissioners Alberio, Clark, Lorenzen and Mowlds. ABSENT Commissioner Hayes (Excused) Also present were Director of Environmental Services Dudley Onderdonk, Planning Administrator Carolynn Petru, Assistant Planner Paul Espe, Assistant Planner Fabio de Freitas and Assistant Planner Kim Klopfenstein. The Pledge of Allegiance followed. REPORTS AND COMMUNICATIONS A. STAFF Director Onderdonk advised the Planning Commission of the following: 1. The Landscaping and Lighting Assessment District was approved on August 9, 1992 by the City Council. 2. The Traffic Committee will be reviewing the Salvation Army proposal on August 12, 1992 at 7:30 p.m. at City Hall in the Community Room. Associate Planner Joel Rojas and Director Onderdonk will attend. There is no requirement that the Commissioners attend. 3. The Special Meeting on August 20, 1992 begins at the new meeting time of 7:30 p.m. 4. Charlie Abbott, Abbott and Associates, the City's consulting engineering firm, will be available for the September 26th landslide tour. The Commission will meet at City Hall at 9:00 a.m. Vice Chairman Byrd will be unable to attend. 5. The Planning Commission/Staff Retreat and Harbor Tour is scheduled for Saturday, August 29, 1992. 6. Staff will meet with the City Manager regarding contractor business licenses and will advise the Planning Commission within the next few months as to how the policies and procedures will be streamlined and improved. 7. Staff received a verbal request from the Appellant to withdraw Item C, Public Hearings, Height Variation No. 736 - Appeal regarding the property located at 5097 Silver Arrow Drive. PLANNING COMMISSA&EETING AUGUST 11, 1992 B. COMMISSION The Planning Commission agreed to hold the public hearing on Height Variation No. 736 - Appeal since it had been publicly noticed. Chairman Katherman asked about the termination of coffee service at the meetings. Staff explained that as a result of the ongoing austerity program, coffee will no longer be provided at City Council or Planning commission meetings. The Parks and Recreation Department is looking into providing a vending machine. MOTION: Vice Chairman Byrd moved, seconded by commissioner Alberio, to assess the commissioners $2.00 a month to pay for providing coffee for the Planning Commission meetings. Staff is to determine if the staff of Hesse Park will make the coffee. Vice Chairman Byrd is to be in charge of the coffee fund. There being no objection, it was so ordered by Chairman Katherman. Director Onderdonk informed the Commission that he and Planning Administrator Petru have received training for locking up the building and setting the alarm since the Hesse Park staff will be leaving at 10:00 p.m. They will also be responsible for locking the gate, so the customary post -meeting parking lot discussions will have to take place outside the gate. Commissioner Clark asked about the procedures at the Coastal Commission hearing on August 12, 1992 regarding Subregions 7 and 8. Planning Administrator Petru explained that Mayor Pro Tem Brooks will be speaking for the City and that Staff will also attend to address any technical questions. Chairman Katherman asked if the coastal Commission appeal is sustained on the Transamerica project could it be remanded back to the Planning Commission. Planning Administrator Petru said it would be remanded to the City and then normal procedure would be to submit it to the Planning Commission. Chairman Mowlds asked if Transamerica can appeal the Coastal Commission's final action to Superior Court. Commissioner Alberio and Ms. Petru advised that they can. However, Ms. Petru stated that she is not aware of a case where this has happened in Rancho Palos Verdes. Vice Chairman Byrd informed the Commissioner that at the August 20, 1992 Special Meeting to discuss the Salvation Army project, he will request that the Planning Commission be provided with a completed geology study and a hydrology study before approving the project. Chairman Katherman thought that hydrology is an engineering decision, and that geology is a policy decision as to whether or not the Commission wants all projects that come before them to have what they termed on the Portuguese Bend project as a "conceptual" geological approval. Vice Chairman Byrd stated that 2 PLANNING COMMISSAWEETING AUGUST 11, 1992 he wanted to prevent the uncertainty that is generated through proposing something when the geological conditions are unknown. Chairman Katherman announced that the Mayor's Breakfast is on Monday, August 18, 1992, 7:00 a.m., at Coco's Restaurant at Western Avenue and Westmont. CONSENT CALENDAR A. Minutes of April 15, 1992: Commissioner Alberio requested that typographical errors be corrected on pages 1, 2, 3 and 5. B. Minutes of May 26, 1992: No corrections or amendments. C. Minutes of July 14, 1992: Commissioner Clark requested that his name be added on page 8, paragraph 5, second line. Vice Chairman Byrd commended Director Onderdonk for bringing the minutes up to date. D. P. C. Resolution No. 92-50; conditionally approving Coastal, Permit No. 1 - Revision located on Marguerite Drive at Palos Verdes Drive South (Tract No. 40640). Vice Chairman Byrd asked if the language of the last sentence of the resolution, specifically the term "inconsistent with public safety 11 was strong enough, as he believes the Planning Commission would actually be putting the public at risk by leaving the gate open. Planning Administrator Petru answered that the language was taken directly from findings in the Coastal Act. Commissioner Clark questioned the second condition on Exhibit "All and said that he did not recall the Planning commission including a provision to extend the permit beyond six months. Chairman Katherman requested that it be stated in the Resolution that the Planning Commission had approved a temporary closure for an initial period of six months. Chairman Katherman said that the Planning commission had required the Homeowners Association to post notice at three public access points and this should be included in the Conditions of Approval on Exhibit "A". Commissioner Mowlds suggested posting it in Spanish and English. Commissioner Clark asked if the City Attorney had been consulted with respect to Condition No. 3 on Exhibit"All. Director Onderdonk responded that it is a standard condition used by Staff. 3 PLANNING COMMISSI*EETING • AUGUST 11, 1992 Commissioner Lorenzen asked who was going to put the padlock on the gate. Planning Administrator Petru responded that the Homeowners Association will do it. Vice Chairman Byrd asked if the Planning Commission should notify the Coastal Commission that the gate would be locked and Mr. Petru responded that the Coastal Commission will receive notice of the Planning Commission's action on the Coastal Permit. E. P. C. Resolution No. 92-51; upholding Height Variance No.l 734 - Appeal and approving Variance No. 314 and Grading Permit No. 1595 for the property located at 29006 Highmore. Planning Administrator Petru distributed a corrected resolution with two minor changes: On Section 3, page 3, the reference to the quantity of earth was changed from 212 cubic yards to 215 cubic yards. Similarly, on Exhibit "A", Condition No. 10, the reference to the quantity of earth was changed from 173 cubic yards to 215 cubic yards to reflect what was on the application. Commissioner Mowlds questioned Variance No. 314, Exhibit "A", Item 6.1 "Certification of the finished ridge height is required prior to building permits", because the height can't be certified until the addition is built. Planning Administrator Petru advised that it is normal procedure for the Building Department to certify at roof framing and again when the roofing materials are installed, and that she would change the condition to say "prior to final building permits." MOTION: Commissioner Alberio moved, seconded by Commissioner Lorenzen, to approve the Consent Calendar with Minutes and Resolutions as amended and as corrected. Motion passed 6-0 with Chairman Byrd abstaining from the vote on the minutes of April 15 because he was not at that meeting. �dce)Z904�,1"4DIN 4AW A. HEIGHT VARIATION NO. 741 - APPEAL, VARIANCE NO. 324; Mr. and Mrs. Deilmann, 28220 Golden Meadow Drive. Staff recommended that this item be continued to the September 8, 1992, Planning Commission meeting because plans have not been submitted and the applicant has hired a new architect. The Planning Commission agreed, without objection, to continue this item to the September 8th meeting. PUBLIC HEARING A. VARIANCE NO. 336; Jeff Henry and Judy Krehbiel, 30433 Ganado. Assistant Planner de Freitas presented the staff report on applicant's request to allow a multi-level deck to extend 10 feet over an extreme slope and to allow the residence to measure 36 feet in overall height. Staff's 4 PLANNING COMMISSIOMEETING 'AUGUST 11, 1992 0 recommendation was to approve the request, subject to Conditions, since all the findings necessary to grant the variance request can be made due to the limiting physical characteristics of the subject lot. Commissioner Clark asked why this couldn't be dealt with by staff and what triggers this particular case coming before the Planning Commission. Assistant Planner de Freitas replied that the deck extends out over an extreme slope (steepness greater than 35%). Also, the way the deck is attached to the structure altered the way the overall height of the structure is measured and would exceed 30 feet. Both conditions require approval by the Planning Commission. Vice Chairman Byrd suggested a requirement be included in the Development Code to include a finding to determine if there is an invasion of privacy when processing this type of application, i.e., extending decks over extreme slopes. Commissioner Lorenzen asked what Staff was referring to in Item 4 on Exhibit "All regarding landscaping. Assistant Planner de Freitas explained that it is a standard condition of approval for requests such as this, in order to screen the neighbor's view of the support members of such a structure. Chairman Katherman declared the Public Hearing open. Judy Krehbiel, Applicant, 30433 Ganado, asked if she could put lattice around the bottom to hide the supports, instead of some sort of shrubbery or trees. Assistant Planner de Freitas advised that it was up to the Planning commission's discretion to determine what is appropriate, but Staff has found in the past that it is more aesthetically pleasing to provide landscaping as a means of screening. Chairman Katherman stated that the idea is to soften the effect and Staff would work with the applicant. Commissioner Mowlds suggested fire retardant plants since the deck is adjacent to a canyon. Director Onderdonk advised that Staff has a landscape architect who is volunteering her time to the City, and that she would be able to review any landscaping plans. The intern has also put together a list of plants which seem to do well on the Peninsula and which are also relatively drought tolerant. NOTION: Vice Chairman Byrd moved, seconded by Commissioner Clark, to close the Public Hearing. Motion passed without objection. Director Onderdonk stated that Staff will modify the conditions to require fire retardant plants. 5 PLANNING COMMISSI16MEETING AUGUST 11, 1992 E MOTION: commissioner Mowlds moved, seconded by Vice Chairman Byrd, to approve Variance No. 336 with modified conditions of approval as recommended by Staff. Motion passed 6-0. Chairman Katherman stated that he would be signing the Resolution that evening and that there is a 15 day appeal period. B. VARIANCE NO. 337, GRADING PERMIT NO. 1643; Mark and Shelly Van Patten, 1884 Jaybrook Drive. Chairman Katherman requested that the staff report be waived and the Planning Commission agreed without objection. Chairman Katherman opened the Public Hearing. Mark and Shelly Van Pattan, Applicants, 1884 Jaybrook Drive; stated they agreed with the Staff's report and were available to answer any questions. Vice Chairman Byrd asked Mr. and Mrs. Van Pattan if they planned to surface the front of the concrete wall to match the house. Applicant responded that they planned to stucco it. MOTION: commissioner Lorenzen moved, seconded by Commissioner Alberio, to close the Public Hearing. Motion passed 6-0. MOTION: Commissioner Lorenzen moved, seconded by Vice Chairman Byrd, to approve Variance No. 337, Grading Permit No. 1643, subject to the Conditions of Approval on Exhibit "All and an additional condition that the surface of the concrete block wall be finished to match the house. C. HEIGHT VARIATION NO. 736 - APPEAL; Landowner: Robert Romeri, 5097 Silver Arrow Drive, Appellant: Dale Inaba, 5103 Silver Arrow Drive. Prior to the meeting, Appellant had informed Staff and Commissioners Alberio, Byrd and Chairman Katherman that he wished to withdraw his appeal. The Planning Commission agreed to waive the staff report. Planning Administrator Petru recommended that since Staff has not received the request to withdraw in writing, the Planning Commission should deny the appeal, thereby upholding the Director's decision to approve the project. Staff had a Resolution prepared and this would finalize the action. Commission Byrd stated for the record that when he visited the property, he did not see that there was a view problem. Commissioner Alberio advised that he had talked to the Applicant and sensed that he wanted to get along with his neighbors. He and Vice Chairman Byrd were the ones to carry the news to the Appellant and suggested that the two work together to resolve the dispute over the proposed addition. n. e. PLANNING COMMISSI19MEETING AUGUST 11, 1992 Commissioner Mowlds had talked to everyone who objected to the project. They felt they were totally misled by the applicant's representative when they signed the petition, in that they were told it was a one story addition. Commissioner Mowlds asked if they had not signed the Early Neighborhood Consultation Form, would that have stopped the project? Planning Administrator Petru answered that the whole petition procedure is simply to notify the neighborhood that an application has been filed. Signing the petition doesn't mean that they support or oppose the project, only that the applicant made a bona fide effort to inform them about the project. MOTION: Commissioner Alberio moved, seconded by commissioner Lorenzen, to close the public hearing. Motion passed 6-0. MOTION: commissioner Clark moved, seconded by commissioner Alberio, to deny the appeal and thereby uphold Height Variation No. 736. motion passed 6-0. NEW BUSINESS Vice Chairman Byrd presented two policy statements and requested that Staff review them and bring them back to the Commission for consideration and recommendation to the City Council. The first policy statement suggests closing public access to the coast when it is in the interest of public safety. The second requests permit parking from dusk to dawn on most City streets. Chairman Katherman directed that these two items be placed on the agenda for the August 25, 1992 Planning commission meeting. Commissioner Clark complimented Vice Chairman Byrd for his initiative in bringing these proposed policies before the Commission. QUESTIONS FROM THE AUDIENCE Elizabeth Kelly, 6611 Vallon Drive, expressed concern about people climbing over the gate at the end of Marguerite Drive and also said that she thought permit parking would be fraught with problems. She asked what approval is needed to fix or change the wall along Hawthorne Boulevard adjacent to the Monaco development. Planning Administrator Petru advised her to contact Mr. Kevin Smith in the Public Works Department. The meeting was duly adjourned at 8:30 p.m. 7