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PC MINS 19930727TI -1b* APPROVED 8/10/93 PLANNING COMMISSION REGULAR MEETING JULY 27, 1993 ACTION MINUTES The meeting was called to order at 7:37 p.m. by Chairman Katherman at Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho Palos Verdes, California. PRESENT: Commissioners Alberio, Clark, Lorenzen, Mowlds, Vice Chairman Byrd and Chairman Katherman ABSENT: Hayes (excused) Also present were Director Bret B. Bernard, Planning Administrator Carolynn Petru, Associate Planners Terry Silverman and Donna Jerex, Assistant Planners Fabio de Freitas and Kim Klopfenstein. The Pledge of Allegiance followed. COMMUNICATIONS Director Bernard reported two requests of the Commission. The first is from the applicant regarding Item 5B, the La Barba Resolution, requesting that the item be removed from the Consent Calendar for further consideration by the Commission. Second, that Item 6D be heard first, since it is a simply a request for continuance. Commissioner Alberio asked Staff why the La Barba's requested the removal from the Consent Calendar. Associate Planner Silverman responded that the architect informed Staff that the actual grading quantities were different than what is described in the resolution. Apparently they have combined the grading quantities from the original and the revised applications and Staff wants to review this with the Commission. CONSENT CALENDAR Chairman Katherman stated that Item 5B, the La Barba Resolution, would be considered at the end of the Consent Calendar. A. Minutes of June 8, 1993 Chairman Katherman reported that he had attended a conference where a suggestion was made to prepare "action minutes" for the Planning Commission, thereby saving a significant amount of Staff time and reducing costs. Discussion ensued among the Commission and it was agreed that an attempt should be made toward "action minutes", as long as reasoning is provided for the Commission's decisions. Vice chairman Byrd moved, seconded by commissioner Lorenzen, to approve the June 8, 1993 minutes, as corrected, with Commissioner Clark not voting on the portion denying Height variation #773, since he was the appellant -on this case. (6-0) IF , OC. P.C. Resolution No. 93-15 Upholding Height Variation No. 773 - Appeal, thereby approving first and second story additions to an existing residence at 3348 Corinna Drive, Mr. and Mrs. David Tabah (applicant), Lawrence Clark, 3354 Corinna Drive. (appellant) Commissioner Alberio moved, seconded by commissioner Lorenzen, to approve P.C. Resolution No. 93-15, with Commissioner Clark abstaining, since he was the appellant on this case. (5-0). B. P.C. Resolution 93-16• Upholding Height Variation No. 768 - Appeal, and approving Grading Permit Nos. 1668-1681 and Coastal Permit No. 113, thereby approving a new two story residence at 3300 Palos Verdes Drive West (a.k.a. 30101 Palos Verdes Drive West) (Mr. and Mrs. James La Barba). George Shaw, architect, stated that the numbers in Condition No. 6 was based on the first plan that was submitted to the Commission. On that plan, there were 294 yards of fill placed on the west part of the lot behind the house. On the second plan, which was submitted in June, that particular fill was omitted, and there was more export. Mr. Shaw continued to say that the applicants want to use the plan submitted in January, but without the fill being placed on the west side of the property. This would reduce the total grading by 294 yards and reduces the fill in the yard by 295 yards, but it does increase the export by 294 yards. Mr. Shaw also requested clarification about Condition No. 3 regarding removing trees on the Lunada Pointe open space. Mr. Shaw asked if this meant all of the trees. Chairman Katherman responded that it did. Chairman Katherman asked Mr. Shaw if the issue the Commission should be concerned with is the increase in the export. Mr. Shaw agreed. Chairman Katherman stated that the issue at hand for the Commission is to approve the request for increase in export rather than fill on the site. Mr. Katherman asked if the Commission has any objection to the 294 yards of additional export. The Commission had no objections. Chairman Katherman directed Staff to make the necessary corrections to Condition No. 6 and he will sign the resolution that evening. Lois Larue, 3136 Barkentine, RPV, CA commented that she looks forward to this home and thinks it will be a beautiful addition to Rancho Palos Verdes. Commissioner Alberio moved, seconded by commissioner Lorenzen, to approve P.C. Resolution 93-16, upholding the appeal, thereby overturning the Director's denial of Height Variation No. 768 and approving Grading Permit No. 1668 and 1681, and Coastal Permit No. 113 for the construction of a new two story residence on property located at 3300 Palos Verdes Drive West. (6-0) Chairman Katherman stated there is a 15 -day appeal period on this resolution. He mentioned there was also a 15 -day appeal period on P.C. Resolution No. 93-15. PUBLIC HEARINGS Chairman Katherman stated that Item D will be taken out of turn, at the request of the applicant. D. TENTATIVE PARCEL MAP NO. 23548 Luke and Elaine Conovaloff, 26559 Silver Spur Road. (TS) Commissioner Byrd moved, seconded by Commissioner Clark, to continue Tentative Parcel Map No. 23548 to the Planning Commission Meeting of September 14, 1993. (6-0) A. VARIANCE NO. 356 AND MISCELLANEOUS HEARING RE: SATELLITE DISH Zafer A. Basith, 26410 Grayslake Road (DJ) Chairman Katherman asked the Commission to waive the presentation of the Staff Report. There were no objections. John Hackett, 26410 Grayslake Road, RPV, CA., contractor for the satellite dish, stated he was there to answer any questions for the Commission. Commissioner Alberio stated that the plans do not show any bracing on the deck and he wanted to make sure that it would be shown on the plans when they are submitted to building plan check. Mr. Hackett responded that the final plans have not been prepared by their engineer. He stated that he is waiting for Planning Commission approval before the final plans are prepared. Commissioner Byrd asked Mr. Hackett if the stairway leading down to the satellite dish would be repaired. Mr. Hackett responded that it would be repaired. Mrs. Nusrat Basith, 25410 Grayslake Road, RPV, CA., applicant, also stated she was available to answer questions from the Commission. Commissioner Clark asked Mrs. Basith if she would be willing to increase the vegetation around the satellite dish to screen it from the adjacent neighbors on either side. Mrs. Basith responded they would install landscaping, if they were required to do so by the Commission. Elizabeth Kelly, 6611 Vallon Drive, RPV, CA. stated that she is very concerned about the satellite dishes in the community. In her opinion, these dishes make the City look very ugly and urged the Commission to deny the request. PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 3 Commissioner Byrd moved, seconded by Commissioner Alberio, to close the Public Hearing. Associate Planner Donna Jerex commented that because the slope is very steep, it is difficult to screen the dish with fencing, since the screening would project out at that angle of the slope. Director Bernard stated that landscaping to screen the dish could be added to the conditions of approval. Commissioner Mowlds moved, seconded by Commissioner Clark, to approve Variance No. 256, subject to conditions of approval, per P.C. Resolution No. 93-17. (6-0) B. VARIANCE NO. 359 AND COASTAL PERMIT NO. 118 • Dr. and Mrs. John Moeller, 47 Seawall Drive (KK) Assistant Planner Kim Klopfenstein presented the Staff Report, stating that the previous Variance and Coastal Permit issued for the property at 47 Seawall Drive was for an addition to the existing non -conforming structure, The demolition of the residence had the effect of nullifying the non -conforming status of the previous structure. In addition, the working drawings submitted for plan check indicated that the slabs and exterior walls would remain, and the foundations for the residence and the garage would be underpinned. Therefore, the plans approved by the Planning and Building Department did not clearly indicated that the project was intended to be total tear down and re -build of the residence. Subsequently, it came to Staff's attention the residence was almost completely torn down without a demolition permit or building permits. Staff issued a Stop Work Order for the project on May 12, 1993. Dr. and Mrs. Moeller have submitted Variance No. 359 and Coastal permit No. 118 to re -construct the residence at the same height, setbacks, and square footage as the original non -conforming residence and to construct the addition previously approved by the Planning Commission. As with the findings made in granting the original Variance and Coastal Permits, Staff feels that the extremely small lot size creates an unreasonable hardship on the landowner to comply with the current setback and open space requirements. Therefore, Staff supports the Variance for the new single family residence and the new two -car garage to allow a reduction in the front and side yard setbacks and a 20% reduction in open space. Commissioner Alberio asked Ms. Klopfenstein if there was asbestos present when the tear down occurred. Ms. Klopfenstein responded that at this time Staff could not say. PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 4 Commissioner Clark asked Staff if the applicant and architect could have misinterpreted the plans and went ahead with the tear down. Director Bernard stated that the plans were for an addition, not a complete tear down. Commissioner Byrd confirmed with Ms. Klopfenstein that the height of the foundation should be the same as the previous one. Ms. Klopfenstein agreed and stated that a specific condition would be added. Discussion ensued between Commissioner Mowlds and Commissioner Alberio regarding the drainage of the surface run-off into the ocean. Planning Administrator Carolynn Petru stated that the Director of Public Works gives the approval for the drainage of surface run-off. This is included as a standard condition in the Moratorium Exception application. Chairman Katherman opened the public hearing. Thomas A. Blair, A.I.A. 2785 Pacific Coast Highway, Torrance, CA 90505, architect, stated that the AQMD (Air Quality Management District) was notified regarding asbestos abatement. The only asbestos found was in the linoleum flooring, which was abated by a certified abatement contractor following the standard set forth by the AQMD. Mr. Blair .explained how the removal of the foundation came about. He stated that he thought the plans submitted into plan check did indicate a total tear down. The property will have a holding tank. The drainage to the ocean is something to be taken up with the Public Works Department. Mr. Blair stated that he feels that the all the issues mentioned have been taken care of and thinks the finished structure will be aesthetically pleasing to the area. Commissioner Alberio asked Mr. Blair what would happen if the Commission required a 5' setback as opposed to the 3' setback. Mr. Blair responded that it would make for a very narrow house. Commissioner Byrd then discussed with Mr. Blair the placement and location of the portable spa and BBQ in the rear yard and the fireplace in the side yard. Commissioner Mowlds asked Mr. Blair if the statement in the Staff Report was correct that "the building was being demolished during the plan check phase without a permit". Mr. Blair responded that it was incorrect. Director Bernard clarified that from Staff's point of view, Mr. Blair was correct in saying the demolition did occur after the building permit was issued for the "addition" work. However, there is no record that a demolition permit has been issued for a complete tear down. PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 5 Commissioner Alberio moved, seconded by commissioner Lorenzen to close the public hearing. Discussion ensued among the Commission members and Staff regarding the building setbacks and the maximum height of the proposed skylights. Commissioner Byrd moved, seconded by Commissioner Alberio, to approve variance No. 359 and Coastal Permit No. 118, subject to modified conditions of approval, per P.C. Resolution No. 93-17. (6-0) RECESS: 9:01 P.M. RECONVENE: 9:18 P.M. C. GENERAL PLAN AMENDMENT NO. 20• City of Rancho Palos Verdes (Citywide), (DJ) Associate Planner Donna Jerex presented the Staff report, stating that this project involves a City -initiated General Plan Amendment, Zone Change, and Environmental Assessment for legal non -conforming automobile service stations located in the City. Due to the trend toward service station closures on the peninsula, the City Council, based on a recommendation by the Planning Commission, directed Staff to prepare these General Plan, Code and Zoning Amendments to encourage service stations to remain on the peninsula. Since these applications constitute a "project" as defined by the California Environmental Quality Act (CEQA), Staff was required to prepare an Environmental Assessment to determine if the proposed change in zoning and land use would result in significant environmental impacts. Staff found that there would be no significant environmental impacts caused by the project. The purpose of tonight's hearing is to gather input from the community and Commission as to whether or not any significant negative environmental impacts would occur as a result of the change in land use and zoning designations. Staff felt that, since there will be no change in the current uses on each site, no additional impacts would be created. If the changes to zoning and land use are eventually adopted, any changes to existing uses on each of the sites would be individually reviewed for compliance with CEQA. Staff received a comment from a concerned citizen that the public notice gave the impression that the chart included on the Draft Negative Declaration represented the proposed land uses. The chart actually represented the current land uses. Staff considered the request and, after discussions with other Staff members and the PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 6 City Manager, does not feel that re -noticing is warranted. However, the Commission is free to consider the request and direct Staff to prepare a revised notice. The approximate cost of re -noticing would be $400 for postage and several hours of staff time. Chairman Katherman declared the public hearing open. Steve Saporito, 28004 Ridgebluff Court, RPV, stated he is in the process of purchasing the service station at 28732 Highridge Road. He agreed with the Staff Report that there would be no significant environmental impacts caused by the Zone Change. He continued to say that there are stringent hazardous waste standards placed on service station owners. Unocal is in the final phase of clean up on the site and is waiting for the final soil compaction report from the County. He stated that he wants to reopen an auto repair service station on the site and feels that the communities on the peninsula should try to keep automobile service stations in the area. He stated that he is in favor of the Zone Change. Frances Saporito, 5517 Seaside Heights, RPV, CA., stated that she has been a resident of the City for 24 years and has used all of the service station sites in question. She feels there would no environmental impacts created by continuing the automotive service stations. She is very much in favor of the Zone Change. Jim Juneau, 26303 Barkstone Drive, RPV, CA., stated that he has operated the service station on Crest Road, which has been there for over 20 years. His lease expires on October 31, 1993. Although he had planned to buy the site, when Unocal learned of the proposed Zone Change from RS -2 to Commercial, the price went up $300,000. Mr. Juneau stated that he no longer plans to purchase the property. He urged the Commission to expedite this process and is still in favor of the Zone Change.. William Howe, 26 Hillcrest Meadows, Rolling Hills Estates, CA., stated that he is in on the Board of Directors for the Hillcrest Meadows Homeowners Association. He continued to say that the service station at crestridge and Highridge has more impacts than the other stations listed in the Staff Report, since the owner plans to rebuild an auto repair service and there are residential tracts surrounding this site. Mr. Howe also said there would be noise and aesthetic impacts in this particular location. He is not in favor of the Zone Change. William Myers, 28105 Hawthorne Blvd., RPV, CA., stated that he operates the Mobil service station at 28105 Hawthorne Blvd. The oil company is putting pressure on him about not selling enough gasoline, so he urged the Commission and City Council to act expeditiously on this project. He felt that with the Zone Change, he can expand and renovate his business to be more competitive. PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 7 • 0 Lois Larue, 3136 Barkentine Road, RPV, CA., stated that the service station at Crest Road and Whitley Collins Road is a toxic waste site. Ms. Larue said she is opposed to all Negative Declarations. Discussion ensued among the Commission members on when to continue the public hearing on the General Plan Amendment and also whether to re -notice one of the service stations locations. Mr. Howe of the Hillcrest Homeowner's Association volunteered to distribute the revised notice within his HOA. Commissioner Byrd moved, seconded by Commissioner Lorenzen, to recommend to City Council adoption of the Draft Negative Declaration (Environmental Assessment No. 653) for General Plan Amendment No. 21, Zone Change No, 20, and Code Amendment No. 37; and Continued public hearing to August 24, 1993. (6-0) REPORTS A. Staff 1. Planning Administrator Petru presented a overview of the second annual review of the Conceptual Trails Plan that was held on July 19, 1993 with the City Council and the Parks and Recreation Committee. Staff will be preparing a resolution to memorialize the Council's change to the CTP for a future Council agenda. 2. Planning Administrator Petru reported on the status of the Proposed Amendments to the View Preservation and Restoration Ordinance. City Council decided to hold a joint workshop with the Planning Commission and the View Restoration Committee. A specific date and time will be scheduled at a later time. B. Commission 1. Chairman Katherman announced that he is organizing a softball game for the City's 20th Anniversary. The event is scheduled for August 14, 1993 at 11:00 a.m. at Ladera Linda Community Center. 2. Chairman Katherman reported that he had a conversation with Dr. Heffitz regarding the process of allowing noise abating fences on General Street. 3. Chairman Katherman again reported that he had attended a conference at which one suggestion was made to help decrease the costs and save Staff time by preparing "action minutes" for the Planning Commission. Discussion PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 8 0 ensued among the Commission members and it was agreed that an attempt should to prepare "action minutes", as long as reasoning is provided for the Commission's decisions. COMMENTS FROM THE AUDIENCE Lois Larue, 3136 Barkentine Road, expressed her concern about "action minutes", as opposed to "complete minutes". Elizabeth Kelly, 6611 Vallon Drive, expressed the same concern. ADJOURNMENT The meeting adjourned at 10:49 p.m. The next regular meeting will be held on August 10, 1993 at 7:30 p.m. at Hesse Park. I 1� PLANNING COMMISSION MINUTES JULY 27, 1993 PAGE 9