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PC MINS 19950214.15 APPROVED 3/28/95 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING FEBRUARY 14, 1995 The meeting was called to order at 7 03 P M , by Chairman Mowlds, at Hesse Park Community Building, 29301 Hawthorne Boulevard ROLL CALL Present. Commissioners Alberio, Ferraro, Vannorsdall, Whiteneck, Vice Chair Hayes, and Chairman Mowlds Absent. Commissioner Wang Also Present. Director of Planning, Building and Code Enforcement/ Commission Secretary Bernard, Planning Administrator Petru, Associate Planner Silverman, and Assistant Planner Klopfenstein FLAG SALUTE The salute to the Flag was led by Chairman Mowlds The following Agenda Item was discussed out of order PUBLIC HEARING 8 VARIANCE NO. 348 - Mr. and Mrs. Phillip Dunlap 2845 San Ramon Drive RECOMMENDATION To allow a block wall to a maximum height of 42" within the 20'- o" front yard setback area and within the intersection visibility triangle and a maximum of 6'- 0" in height at any point (including pilasters) along the street -side property line (behind the front setback area) Planning Commission February 14, 1995 Director Bernard briefly reviewed the request as well as staff's recommendation (of record) For Commissioner Vannorsdall, Assistant Planner Klopfenstein advised that a property owner may construct a garden wall (i a retaining wall) 2' -11" in height without the need of a Grading Permit Mrs Elena Dunlap, applicant, 2845 San Ramon Drive, referenced her letter (copies submitted to the Commissioners), in which she highlighted concerns with regard to staff's recommendation to limit the proposed block wall to 42" in height and to limit the length of the wall to 88' Mr Joe Leimbach, 2803 San Ramon Drive (former President of the Homeowners' Association), informed the Commissioners that the Association has approved the applicants' request as submitted, noting that the proposed block wall would add an aesthetically balanced appearance to the neighborhood entryway In response to Chairman Mowlds, Mr Leimbach clarified the homeowners' desire to have the proposed wall (north side) aesthetically match the already existing wall on the south side of San Ramon Drive Because the existing wall on the south side is located on the uphill side of Palos Verdes Drive East, Mr. Louis R. McCreight (current President of the Homeowners' Association), 2763 San Ramon Drive, suggested that the proposed wall shall be aesthetically adjusted in height considering this wall will be located on the downhill side of Palos Verdes Drive East In an effort to address the applicants' desires to mitigate noise and privacy concerns, Ms Nancy Bolton, 2757 San Ramon Drive, encouraged the Commissioners to approve the request as submitted Echoing Ms. Bolton's comments, Mr Paul Crane, 2837 San Ramon Drive, spoke in support of the applicants' request as submitted In response to Chairman Mowlds, Mrs Dunlap confirmed that if the requested block wall were approved, there would be no objection to utilizing the wall as a community entry wall and to placing a neighborhood logo on it at a future time Vice Chair Hayes suggested, based on a recommendation included in the staff report, the imposition of a condition of approval, requiring a 1' setback for landscaping Chairman Mowlds suggested the imposition of a condition to grant, in the near future, the Homeowners' Association the ability to utilize the block wall as a neighborhood entry wall Planning Commission February 14, 1995 2 • • MOTION: Vice Chair Hayes moved to close the public hearing The motion was seconded by Commissioner Alberio There being no objection, Chairman Mowlds so ordered. MOTION: Commissioner Albeno moved to approve Variance No 348 as conditioned, including findings of fact set forth by staff, and adding the following conditions of approval ADD o that a 1' setback shall be required for landscaping, o that the newly proposed wall may be utilized for community signage to identify the neighborhood at a future time The motion was seconded by Vice Chair Hayes and roll call vote of those present reflected unanimous approval (Commissioner Wang absent) Chairman Mowlds clarified that the approved wall shall be of the same height as of the already existing wall, across the street, on San Ramon Drive Chairman Mowlds apprised the audience of the 15 -day appeal period to the City Council The Commission returned to regular agenda order at this time COMMUNICATIONS A. STAFF Director/Secretary Bernard noted that Commissioner Wang had informed staff that she would not be able to attend this evening's meeting due to illness Because of the loss of a staff person, Director/Secretary Bernard introduced Michaela Ballreich who will be assisting Recording Secretary Drasco in the taking of the minutes of the meeting 1. NEW AGENDA FORMAT In order to maintain consistency with the City Council format, Mr Bernard advised that Arabic numerals will now be used versus Roman numerals Planning Commission February 14, 1995 2. LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE Director/Secretary Bernard advised that the City Council has adjusted the Planning Department's budget to allow all Planning Commissioners to attend the upcoming Planners' Institute in Monterey 3. SOUTHWEST AREA PLANNING COUNCIL MEETING {SWAPC) It was noted for the benefit of the Commissioners that this monthly luncheon will be Thursday, February 16, 1995, and that Commissioner Ferraro will be attending. 4. OTHER Director/Secretary Bernard referenced a note received from Assemblyman Kuykendall's office, in which he provided information about his local Long Beach office B. COMMISSION Commissioner Alberio advised that tentative reservations have been made at the Long Beach Port for the Commission's upcoming retreat scheduled for April 2, 1995, noting that more information will be forthcoming CONSENT CALENDAR 5. PLANNING COMMISSION MINUTES OF JANUARY 10, 1995 Commissioner Ferraro requested that pages 14 and 28 be amended, respectively, to read as follows "Mr de Carbonnel " and "Mr Myers said that they " Vice Chair Hayes requested that the following addition be made to page 17- "Commissioner Alberio pointed out that whether or not an individual makes a profit is not the issue, a business is a business " Mrs. Nancy Moore, 6344 Villa Rosa Drive, addressed her statements noted on page 24, reiterated that the proposed expansion was too excessive, that although the lot is zoned residential, it is being used as if it were zoned commercial, that the proposal does not meet the spirit of the General Plan, and that the majority residents echo these concerns With regard to her husband's comments also noted on page 24, Mrs Moore advised that the word regularly should be stricken from the 10th line of his paragraph Referencing Ms. Zuleback's comments noted on page 26, Mrs Moore advised that Ms Zuieback Planning Commission February 14, 1995 had expressed objection to all "maybe" answers in the Environmental Assessment Checklist MOTION: Commissioner Alberio moved for the approval of the January 10, 1995, Planning Commission minutes as amended The motion was seconded by Commissioner Whiteneck and there being no objection, Chairman Mowlds so ordered CONTINUED BUSINESS 6. PROPOSED AMENDMENTS TO TITLE 16 & 17 OF THE CITY'S MUNICIPAL CODE (DEVELOPMENT CODE REVISIONS); CITY OF RANCHO PALOS VERDES RECOMMENDATION It is recommended that the Planning Commission continue the public hearing to February 28, 1995, for discussion of certain outstanding Development Code Revision issues related to implementation of the revised Development Code. Director/Secretary Bernard briefly reviewed the request and the recommendation to continue (as per staff report) MOTION: Vice Chair Hayes moved to continue this public hearing to February 28, 1995 The motion was seconded by Commissioner Ferraro and voice vote of those present reflected unanimous approval (Commissioner Wang absent) Chairman Mowlds confirmed that the Planning Commission will not be making a final decision with regard to this issue until all City Attorney comments have been presented To ensure the Commission can act appropriately, Director/Secretary Bernard noted that the Mayor echoes Chairman Mowlds' comment 7. CONDITIONAL USE PERMIT NO. 182, SIGN PERMIT NO. 720, ENVIRONMENTAL ASSESSMENT NO. 667 - MR. AND MRS. WILLIAM MYERS, 28103 HAWTHORNE BOULEVARD (MOBIL) RECOMMENDATION To adopt P C Resolution No 95- , adopting the Mitigated Negative Declaration and Mitigation Monitoring Program Planning Commission February 14, 1995 c: 2 prepared in association with Environmental Assessment No 667, 2 To adopt P C Resolution No. 95- , approving Conditional Use Permit No 182, with conditions, 3 To approve Sign Permit No 720, via Minute Order, with conditions Director/Secretary Bernard reviewed the request as well as staff's recommendation (of record) Chairman Mowlds commended Associate Planner Silverman on a fob well done with regard to this case Associate Planner Silverman clarified that although the Commission, under the Conditional Use Permit, denied the sale of alcoholic beverages for at least six months (from the issuance of certificate of occupancy or final building inspection), the environmental findings, with respect to the sale of alcohol, found no significant impacts, therefore, the findings of approval for the sale of alcoholic beverages will remain in the resolution for the Mitigated Negative Declaration It was noted that the sale of alcoholic beverages could be approved by the Planning Commission, if so desired, at a future date After review of geologic files, Ms Silverman advised that the proposed expansion will not create any archeological impacts to this particular site Associate Planner Silverman proceeded with a detailed overview of the Conditional Use Permit requirements, findings, and conditions of approval (as per staff report). Since the preparation of the staff report, it was noted that staff received additional comments with regard to the request (copies provided to the Commissioners) With regard to the conditions of approval for the Conditional Use Permit, Ms Silverman provided additional clarification and made the following amendments Condition No. 13 -- that the maintaining and emptying of trash cans shall be conducted by the landowner or operator of the Mobil station, Condition No 20(e) -- that the minimum width of the landscape buffer should be reduced to 5' from 8', that landscaping shall include shrubbery with thorns to further eliminate Planning Commission February 14, 1995 • • loitering and unwanted conduct, and that the last sentence should be stricken For Commissioner Alberio, Associate Planner Silverman confirmed that liquor licenses are issued by the State Department of Alcoholic Beverages Control pending City approval With regard to the resolution for the approval of a Conditional Use Permit, Vice Chair Hayes requested that Condition No 13 be amended as follows "Trash enclosures, of a shall be maintained to prevent offensive odors and shall be emptied on a regular basis " With regard to the resolution for the adoption of the Mitigated Negative Declaration, Vice Chair Hayes requested that the last paragraph on page 1 be amended to eliminate the duplicated sentence "which provide automotive repair services in addition to the sale of gasoline stations " In response to Commissioner Ferraro's comment, Condition No. 10 was amended as follows "No deliveries, with the exception of gasoline, are permuted to the site between hours of 9.00 P M to 6 00 A M daily With regard to Condition No 14 (inspection of property), Associate Planner Silverman advised that the landowner/operator is required to inspect directly in front of the property similar to what is required of a residential property owner For Commissioner Ferraro, Associate Planner Silverman provided additional clarification with regard to Condition No 20(b), noted that the two proposed queen palms will be exempt from the 16' height limitation; and advised that the palms will not create any significant view obstruction Mr Bill Myers, applicant, 28103 Hawthorne Boulevard (Mobil), addressed proposed Condition No 8 (to provide a minimum of one restroom for men and women) and questioned as to why this Condition was revised from a unisex restroom to provide one restroom each for men and women In response to Mr Myers, Chairman Mowlds advised that in an effort to maintain the best interest of the citizens of Rancho Palos Verdes, the revised condition was added by staff at the request of one or more of the Planning Commissioners Vice Chair Hayes expressed her objection to a unisex restroom Because Mr Myers was given the full amount of space he requested, she felt he could give the ladies a separate restroom For Mrs Nancy Moore, 6344 Villa Rosa Drive, Commissioner Alberto advised that the Planning Commissioners may not impose a condition of approval to this project which would restrict the applicant from readdressing the sale of alcoholic beverages at a future time In response to Mrs. Moore's suggestion, Director/Secretary Bernard noted that if the Planning Commission Planning Commission February 14, 1995 `] were to consider including parking spaces in the total square footage, every residential structure in the City would be non -conforming because of its excessive floor area ratio (FAR), therefore, such a condition should not be imposed on this proposal Mrs Moore requested that a condition be imposed prohibiting any future expansions, that the hours of operation be amended to reflect the hours depicted in the guidelines of the Overlay District, that the hours of operation for the sale of propane be kept to a minimum, that the hours of delivery shall not be earlier than 9 00 A M , that the proposed queen palms could potentially impact views, that there be fewer parking spaces and more landscaping, and that trash cans be situated in appropriate locations For Commissioner Ferraro, Planning Administrator Petru advised that the Overlay District contains guidelines which may be increased or decreased based on the individual situation such as increasing the proposed hours of operation She noted that the majority of the Commissioners supported the expansion of the hours of operation so that the hours match those of the existing use across the street (7 -Eleven) Director/Secretary Bernard further advised that any time the Commissioners consider the approval of a Conditional Use Permit, for any property in the City, it allows the Commissioners the opportunity to be more or less restrictive than the existing Code requirements Considering other businesses throughout the City follow the same hours for deliveries as those proposed, Chairman Mowlds noted that he would find it unusual if the Commission were to limit those hours for Mr Myer's business With regard to limiting the hours in which to sell propane, Chairman Mowlds questioned the need considering such sale does not create additional noise MOTION: Vice Chair Hayes moved to adopt Resolution No 95-04 as amended (see page 6) to adopt the Mitigated Negative Declaration The motion was seconded by Commissioner Vannorsdall and roll call vote of those present reflected unanimous approval (Commissioner Wang absent) MOTION: Commissioner Albeno moved to adopt Resolution No 95-05 as modified (see page 7) to approve Conditional Use Pemit No 182 The motion was seconded by Commissioner Vannorsdall and roll call vote of those present reflected approval with the exception of Commissioner Ferraro who voted no (Commissioner Wang absent) MOTION: Commissioner Vannorsdall moved to approve Sign Permit No 720, via Minute Order The motion was seconded by Commissioner Whiteneck and roll call vote of those present reflected approval with the exception of Commissioner Ferraro who voted no (Commissioner Wang absent) Planning Commission February 14, 1995 8 • • Chairman Mowlds apprised the audience of the 15 -day appeal period to the City Council PUBLIC HEARINGS 8. VARIANCE NO. 348 Discussed earlier; see pages 1-3 NEW BUSINESS No items ITEMS TO BE PLACED ON FUTURE AGENDAS STAFF 9. PRE -AGENDA FOR PLANNING COMMISSION MEETING OF FEBRUARY 28, 1995 For information only as per written material COMMISSION Staff was requested to either provide an oral or written report with regard to the following projects - Salvation Army - H M D I (subregion 1) - TransAmerica - Ocean trails - Analysis on the City operating as a bedroom community only and permitting no businesses COMMENTS FROM AUDIENCE (regarding non- aqenda items) A. Ms Lois Larue, 3136 Barkentine Road, elaborated, in detail, on her research as to who contributed to the Kuykendall/Brooks campaigns, advised that she has this information available to those interested, and noted that she will be pursuing the matter and will be providing additional information at a future time Planning Commission February 14, 1995 0] ADJOURNMENT MOTION: At 8 25 P M , Commissioner Alberio moved, seconded by Commissioner Vannorsdall, to adjourn the Planning Commission meeting Planning Commission February 14, 1995 10