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PC MINS 19950509• APPROVED ,$ 6 6/13/95 *7 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING May 9, 1995 The meeting was called to order at 7:04 P.M. by Chairman Mowlds at the Hesse Park Community Building, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed, led by Vice Chair Hayes. PRESENT: Commissioners Alberio, Vannorsdall, Wang, Whiteneck, Vice Chair Hayes, and Chairman Mowlds. ABSENT: Commissioner Ferraro (excused). Also present were Planning Administrator Petru, Assistant Planners de Freitas and Klopfenstein, and Recording Secretary Drasco. APPROVAL OF AGENDA Chairman Mowlds requested that Item 2 be moved to the end of the agenda. Approved, as re -ordered, (6-0). COMMUNICATIONS Staff: Planning Administrator Petru noted that there were two pieces of late correspondence for Item 5, a letter from the applicant's attorney requesting that the Commission hear the item that evening and a letter from a neighborhood resident in opposition to the request. Commission: NONE APPROVAL OF CONSENT CALENDAR 1. Minutes of April 25, 1995 0 Approved, as written, (7-0). CONTINUED BUSINESS (NO ITEMS) PUBLIC HEARINGS (Item 2 was moved to the end of the agenda) NEW BUSINESS a 3. MISCELLANEOUS HEARING; Mr. Greg Gawlik, 16 Seacove Drive. (FF) . Commissioner Alberio moved to waive reading of the Staff Report, seconded by Commissioner Vannorsdall. Approved, (6-0). Chairman Mowlds asked for comments from the Commission and there were none. Commissioner Alberio moved to approve the request as recommended by Staff, seconded by Vice Chair Hayes. Approved, (6-0). 4. SIGN PERMIT NO. 736; Olde Discount Brokers, 450 Silver Spur Road. (KK) Commissioner Vannorsdall moved to waive reading of the Staff Report, seconded by commissioner Wang. Approved, (6-0). q Chairman Mowlds asked Staff to clarify the option of lit and unlit signs. Assistant Planner Klopfenstein explained that the applicant was requesting approval for illuminated wall signs, with channel letters mounted on metal raceways, as depicted on the photo board. Planning Administrator Petru added that Staff was recommending non -illuminated wall signs, which would eliminate the raceways and make a better looking sign. In addition, non -illuminated wall signs would be consistent with the other wall signs approved for office buildings on the north side of Silver Spur Road. She noted that the illuminated monument sign would provide identification at night. Vice Chair Hayes questioned the need for wall signs on both elevations of the building. Chairman Mowlds believed that this configuration would be acceptable as the signs would be unlit and with no raceways. He asked the other Commissioners if they had any objections. Vice Chair Hayes said she would not oppose that concept, if the other Commissioners were in favor of the proposed design. Commissioner Vannorsdall moved to accept the Staff's recommendation, seconded by Commissioner Wang. Approved by Minute order, (6-0). 5. EXTENSION REQUEST ON APPROVALS FOR CONDITIONAL USE PERMIT NO. 131, VARIANCE NO. 182, AND GRADING PERMIT NO. 1066; Marriott Corporation Senior Lifecare Facility, northwest corner of Crestridge Road and Crenshaw Boulevard. (DJ) Chairman Mowlds pointed out that the applicant had recently submitted a letter requesting a continuance of this item. However, that evening the Commission had received a letter from PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 2 the applicant's attorney requesting that the item not be continued, but heard that evening. He felt the second letter was received too late for the Commission to digest its contents, and that'the Commission had not studied the request over the weekend because of the prior continuation request. Mr. Mowlds asked the other commissioners to comment. Commissioner Vannorsdall agreed that the Commission had not had time to study the letter from the applicant's attorney. Commissioner Alberio concurred, but wondered if the applicant's attorney might be able to explain the contents of the letter and that possibly a decision could be made that evening. Chairman Mowlds indicated that he would not be willing to vote because of the last minute decision on the applicant's part to hear the item rather than continue it to the next meeting. A discussion ensued between the Commissioners as to whether or not the speakers should be heard. It was the consensus of the Commission that, regardless of the continuance, public testimony would be heard that evening. Vice Chair Hayes moved to continue the item to May 23, 1995, seconded by Commissioner Vannorsdall. Approved, (6-0). Ms. Lisa Weinberc a (applicant's attorney), Cox, Castle, Nicholson, 2049 Century Park East, #2800, Los Angeles, CA 90067. Ms. Weinberg agreed that the Commission should wait to make a decision on the time extension request. She then provided the Commission with a brief history of the project approval and subsequent litigation. Ms. Weinberg emphasized that the project did not require a General Plan Amendment, Zone Change, or a Parcel Map. She believed the project conformed to the City's requirements. Even though this had been a solid project, because of litigation, it was held up until August of 1992. Ms. Weinberg pointed out that, even though some cities do allow for automatic renewals during litigation, the City of Rancho Palos Verdes does not. Therefore, because the original approval was valid for only two years, with additional one year approvals allowed by the Planning Commission, Marriott had to come back every year since 1991 for additional time extensions. By 1993, the litigation was resolved but the market had changed and financing was not available for the project. In addition, Marriott began reorganizing, so extensions were requested and approved in 1993 and 1994. Even though the Staff Report states that five extensions have been granted, until the litigation was resolved, no action could have been taken to move forward with the project. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 3 Ms. Weinberg went on to explain that, in 1993, the State of California recognized that the economy, and specifically real estate development, were in dire straits and passed an emergency statute in September 1993 automatically extending all tentative maps for an extra two years. If this project had required a map, an automatic extension would have been granted to 1996, but this was not the case. Ms. Weinberg said that, in fact, the city had informed Marriott that they were entitled to the extra two years, but that Marriott informed the City that a parcel map application had been withdrawn before the project was approved by the City and that Marriott would need to ask for additional time extensions. Commissioner Alberio asked Ms. Weinberg if the letter the Commission had received that evening contained the information she had just related. Ms. Weinberg replied that there was less detail in the letter regarding the history of the project. However, there was information in the letter that she had not discussed, such as the fact that there had been no physical changes to the property or surrounding areas, so that there were no new land use issues requiring further review. Commissioner Alberio asked, since the economy had improved, what was the next action to be taken by Marriott. He also asked about the apparent difficulty of Marriott's representatives to meet with the City Staff to discuss the project. Ms. Weinberg said that there were scheduling difficulties, but that a meeting was finally held about a week before this evening's meetings between representatives of Marriott, the City, and Mr. Ashenbrenner, a potential buyer of the property. She reported that Mr. Ashenbrenner was hoping to begin developing the property in the next few months and she urged the Planning Commission to approve the extension so that the facility could be built. Mr. Rick Ashenbrenner, Morningside Continuing Care Retirement Community, 800 Morningside Drive, Fullerton, CA 92635. Mr. Ashenbrenner explained that he and his partners have an option agreement on this property with Marriott. He noted that Marriott carefully screened his company's qualifications and history, and even visited the Morningside facility in Fullerton. He invited the Commissioners to also visit Morningside and indicated that he had brought a slide presentation on the facility, if time permitted. Mr. Ashenbrenner emphasized that he and his partners had the financial ability to build this project, that they built a high quality development, that they had experience working closely with cities, and that they liked the property and the PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 4 proposed facility. He reported that in addition to the group of partners, their general and financial partner is Mr. Warren Spieker, Jr., who is the Chairman and CEO of a public REIT on the New York Stock Exchange that bears his name, with over a billion dollars in assets and over 18 million square feet of property. Mr. Ashenbrenner described the Morningside community as 30% to 40% larger than the proposed Marriott project and indicated that it was financed in a recession with $35 million of partners' cash and a $65 million construction loan, personally guaranteed to the Bank of America, which he felt indicated that they are a group of people who can get a job done. Mr. Ashenbrenner closed by stressing the need for such a facility on the Palos Verdes Peninsula. Commissioner Alberio noted that he believed the reason a controversial project such as this was approved originally was because a large corporation like Marriott was involved. He felt that, even with the qualifications Mr. Ashenbrenner listed, Marriott was now potentially assigning the approval to a different group and that there might be a need for further review. Commissioner whiteneck believed that if financing were available and the project could be built soon, even by a new group, an extension was reasonable. However, he was unwilling to see a new landowner draw out the process for another five years. Commissioner Vannorsdall asked Mr. Ashenbrenner when he anticipated that construction of the project would begin. Mr. Ashenbrenner explained that the State required that there be a certain minimum number of pre -sales before construction could begin, in order to protect the buyers. He added that, assuming his company could purchase the property in approximately five months, they would be in a position to pre -sell units in the next five to eight months, with the hope that grading could begin in the summer of 1996. Commissioner Vannorsdall asked if a one-year extension would be sufficient time to begin construction on the project. Mr. Ashenbrenner replied that he hoped they would have a building permit at about that same time next year. A discussion ensued between the Commission and Mr. Ashenbrenner, during which time it was determined that about 35 units would need to be pre -sold (which would take about five to six months), that bonds would not be involved, and that if the State's requirements could not be met, the property would revert back to Marriott. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 5 Planning Administrator Petru clarified that, as stated in the Staff Report, if the applicant could put plans into plan check before April 6, 1996, the permit would be kept active. Because the plan check process might be lengthy, it was conceivable that the project might not be built for two to three years. She added that a building permit was issued for six months with one six month extension. Commissioner Alberio asked Mr. Ashenbrenner if he was prepared to follow through with what could be a lengthy process. Mr. Ashenbrenner answered that he realized that there was a formidable set of requirements to be met, and that his company was willing to comply with the city's requirements. Ms. Luella Wike, 29172 Oceanridge, Rancho Palos Verdes. Ms. Wike objected to the massive size of the project, the grading of 260,000 cubic yards (which she considered excessive), and possible view impairment for the members of the Mesa Palos Verdes Homeowners Association. She indicated that she had been present at the original hearings and did not understand why the tallest building, the hospital, was proposed to be built on the highest elevation of the property. She noted that Rolling Hills Estates, ordinance limited the number of truckloads of dirt which could travel down Crenshaw Boulevard. Therefore, the trucks hauling dirt from the property would have to be routed along Hawthorne Boulevard, which would severely impact traffic. She urged the Commission to deny the extension and stated that the automatic two-year extension granted by the State did not apply because there was no tentative map associated with the project. Mr. Daniel Blatt, 29225 Stonecrest, Rolling Hills Estates, Secretary of the Mesa Palos Verdes Homeowners Association. Mr. Blatt objected to the size of the project, the blocking of views, and excessive grading. He stated that he was only slightly familiar with the Marriott re -organization, but did know that the bond holders were bitter about how it had been handled. He realized that the litigation had slowed the process, but felt that changed economic conditions did not make the project feasible, particularly since a similar facility, the Canterbury was not fully occupied. Mr. Blatt also was concerned about the dirt hauling, stating that the huge slow trucks traveling down Hawthorne Boulevard would slow traffic considerably and that the sharp curve from Hawthorne Boulevard to Pacific Coast Highway would be hard for the large trucks to maneuver, causing traffic problems in that already congested intersection. He urged the Commission to deny the extension. Ms. Lois Larue, 3136 Barkentine Road, Rancho Palos Verdes. Ms. Larue, having attended the hearings in which the approval for PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 6 • 0 this project was granted, spoke in support of the members of the Mesa Palos Verdes Homeowners Association. She felt that the severe alteration of the topography at this site was illegal and unnecessary. She urged the Commission to deny the extension. Commissioner Alberio pointed out that the only issue before the Commission was whether or not to grant the one-year extension and not the merits of the project. He -believed that this decision could be made that night and noted that the Commission's decision could be appealed to,the City Council. The consensus of the other Commissioners was that more time was required to study the situation. Vice Chair Hayes moved to continue this seconded by Commissioner Vannorsdall. Commissioner Alberio dissenting. NEW BUSINESS (continued) (item 2 was heard out of order) item to May 23, 1995, Approved (5-1) with 2. HEIGHT VARIATION 806 - APPEAL; Gus and Kimberly Mantikas, 60 Avenida Corona. (KK) Commissioner Wang recused herself from considering this item and left the dais. Assistant Planner Klopfenstein presented the Staff Report and stated that Staff was recommending that the Director's decision to deny the project be upheld and that the appeal be denied. Even though the project has been redesigned, Staff felt that the second story was still not adequately articulated. The applicant and architect had rejected the articulation suggested by Staff because it would significantly alter the proposed architectural style of the residence. Additionally, the proposed design may impair views of surrounding residents, even though currently views are obstructed by mature pine trees on the property. Commissioner Vannorsdall asked how long the home down the street at 8 La Vista Verde had been under construction, stating that he had been told it was begun about two years ago. He believed this structure was not well articulated and wondered if this Planning Commission had approved it. Assistant Planner Klopfenstein replied that she was not sure of the project history at that address, but that the addition had been approved after the passage of Proposition M. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 7 Commissioner Vannorsdall also inquired about the home across the street at 10 La Vista Verde. Assistant Planner Klopfenstein answered that this project was approved by Staff in 1990, after Proposition M was passed, and that it was determined, at that time, to be compatible with the existing neighborhood character. Commissioner Vannorsdall noted that the homes across the street were at a higher elevation than the subject property. Planning Administrator Petru offered to research the history of 8 La Vista Verde if the commission wished, but she echoed the comments made by Assistant Planner Klopfenstein that many of the second story additions approved shortly after the passage of Proposition M were not articulated to the degree that this particular Planning Commission has requested. At the time, Staff placed a greater emphasis on the square footage rather than articulation. Commissioner Whiteneck asked why, specifically, the architect objected to providing more facade articulation. Assistant Planner Klopfenstein deferred to the architect, who was present at the meeting. Commissioner Alberio moved to open the public hearing, seconded by commissioner Whiteneck. Approved (5-0-1), with Commissioner Wang abstaining as she recused herself from hearing this item. Mr. Juan Kivotos (applicant's architect), 1323 N. Niagara Street, Burbank, CA 91505. Mr. Kivotos was concerned that the proposed architectural style be preserved and felt that articulation of the second story front facade would destroy the Georgian style of this home, although he agreed that articulation was normally desirable and possible with most architectural styles. Mr. Kivotos distributed photographs of two homes of similar size, which he felt were "hybrid" styles and, even though he did not consider himself a "purist", he did not want to create an unattractive home. Chairman Mowlds commented on the two homes illustrated in the photographs and stated that he was familiar with both houses and they were designed (in modified Jeffersonian and Williamsburg styles) to comply with City requirements. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 8 Commissioner Vannorsdall felt that the house above the subject property would have a view blocked by the proposed second story. In addition, Mr. Vannorsdall believed that similar view blockage would be created by second story additions to the houses all the way down the street, resulting in a cumulative view problem. Mr. Kivotos questioned how much of the view would be blocked since the homes across the street were at a much higher elevation and the main view was to the northeast, which would be on the right side of the subject property. Mr. Kivotos also noted that a second story might not necessarily block someone's view, due to the existing mature foliage on the property. Assistant Planner Klopfenstein explained that, pursuant to the requirements of the Development Code, view impairment had to be examined regardless of the existing foliage. She added that a landowner was allowed to build up to 161 regardless of view impairment and, above that height, potential view impacts must be considered. Mr. Howard Johnson, 59 Avenida Corona, Rancho Palos Verdes. Mr. Johnson stated that he lived down the street (to the north) from the subject property). He indicated that he and his wife had written letters in opposition to the proposal and was concerned by the loss of privacy, blockage of sunlight and added that he preferred low profile houses. If the project was approved, there were certain issues he wanted the Commission to address. Mr. Johnson requested that the property lines at 60 Avenida Corona be surveyed, as his own property had been when he added on to his home in the past. His other concerns were: the long period of time the construction may take to be completed; the cost and responsibility for repairing roads damaged by construction vehicles; construction vehicles turning around in his driveway; and, construction workers using his yard for a rest room. Commissioner Alberio asked if there was a Homeowners Association for the neighborhood. Mr. Johnson said that there had been one, but that it was now inactive. Commissioner Vannorsdall said that, while visiting the property, he had met a neighbor who said that she would forward a copy of the CC&Rfs to the City. Commissioner Alberio was also interested in the CC&Rfs, stating that they might provide restrictions regarding the subject proposal. Mr. Alberio believed that the roads were private in this area and, therefore, the homeowners would be responsible to pay for any road damage. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 9 • • When Commissioner Vannorsdall asked if the CC&Rfs had been delivered to the City. Assistant Planner Klopfenstein said that she was not aware of any such document being delivered, but that she could check the files. Mr. Paul Mathews, 57 Avenida Corona, Rancho Palos Verdes. Mr. Mathews advised that he lived across the street and two houses away from the subject property. He stated that he and his wife were opposed the project because of view impairment (although their own view would not be significantly obscured) and blockage of the skyline. Mr. Mathews stated that his home was built in 1957 under the control of Truman Browny Enterprises and that there was an art jury in place at that time. The homes were intended to be single -story ranch -style homes with a country ambiance in the neighborhood. As time passed, enforcement of the CC&Rls was relaxed, the art jury was eliminated and the County Codes were lenient. When the City was incorporated, there was greater control with respect for views, but there were still two- story homes being allowed. Mr. Mathews noted that his neighbor Dr. Jason Hung had not been able to attend the meeting, but that he had written a letter regarding view impairment from his home if the project was approved. Mr. Mathews closed by stating that he felt the country atmosphere in the neighborhood was being destroyed by two-story homes. Commissioner Alberio asked if the CC&Rls were no longer enforceable and Mr. Mathews said that another speaker, Mr. Nordhagen, would be better able to answer that question. Chairman Mowlds believed that, since there were so many two-story homes and homes of various styles (some of which were very modern), the homogeneity of the neighborhood was already a thing of the past. Mr. Mathews did not see that a reason for approving more two- story homes. Chairman Mowlds emphasized that he had not said that. However, he did feel that times had changed significantly since the original homes were built and that homeowners' needs were different today. Mr. A. B. (Arnold) Nordhagen, 2 La Vista Verde, Rancho Palos Verdes. Mr. Nordhagen stated that he opposed the project, along with his wife, Ruth. He related the history of the neighborhood since they had moved there in 1951, stating that originally there were only one -acre parcels, then one -half -acre parcels were sold. Mr. Nordhagen read from the original public report issued when the area was subdivided by Truman Browny, quoting that "no building or construction shall be erected or maintained thereon PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 10 of more than one story in height without written approval of said grantor, Truman Browny." He closed by saying that his objection to the project was the blockage of the sky and he urged the Commission to deny the appeal. Commissioner Vannorsdall asked where Mr. Nordhagen's home was in relation to the subject property. Mr. Nordhagen said that his house was the second from the gate house on La Vista Verde, overlooking Mr. Johnson's home. He emphasized that he did not believe the proposed house was compatible with the neighborhood. Commissioner Alberio speculated that Mr. Nordhagen's view would not be not impacted by the proposed second story addition. Mr. Nordhagen said he would still have his view, but he would also see a huge house, if the project was approved by the City. Commissioner Alberio asked if the CC&R's had expired and, if so, had they ever been renewed. Mr. Nordhagen replied that the CC&R's were in effect for 25 years, expiring in 1978, and that they were never renewed, to his knowledge. Ms. Jo Boeam, 6 La Vista Verde, Rancho Palos Verdes. Ms. Boeam advised that she was in favor of the proposed construction. She believed that Mr. and Mrs. Mantikas had a large lot and that the house would occupy only a small portion of the property. She felt that the house at 10 La Vista Verde was unattractive, because it was so close to the front of the property, unlike the subject project. Commissioner Alberio moved to close the public hearing, seconded by Commissioner Vannorsdall. Approved (5-0-1), with Commissioner Wang abstaining. Commissioner Vannorsdall believed that the key issue was view blockage and that there was a potential for a cumulative view problem, especially down the street on the lower side. He felt that articulation was important, but not as important as protecting the views in the neighborhood. Commissioner Whiteneck said that, when he visited the site, he spoke with one of the neighbors, Dr. Hung. It appeared to Mr. Whiteneck that the view from Dr. Hung's balcony would still be intact, but a person would have to move back slightly on the balcony to see it. Mr. Whiteneck wondered if the trees blocking the view were going to be removed. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 11 0 0 " Chairman Mowlds and Commissioner Alberio stated that the trees were going to be removed, due to the construction of a new driveway. Vice Chair Hayes expressed her opinion that the wide building, with only 51 setbacks on each side, made the structure look bigger and bulkier than it actually was. Commissioner Alberio said that he would like to see articulation regardless of the architectural style of the residence and believed that the roofline could be softened. He believed that the country atmosphere was still apparent in the neighborhood. Mr. Alberio stressed that property rights were important and the concerns of the neighbors were important also, although he did not feel that invasion of privacy appeared to be a problem in this case. If it was, he suggested that the landowner, architect and Staff work together, possibly using obscured glass in some of the windows. Chairman Mowlds summarized that the issues were as follows: Cumulative view impact, possible foliage removal, setbacks, articulation, size, and privacy. He emphasized that a large house looked smaller with increased setbacks from the property boundaries. He believed that a denial was not appropriate but that more time was needed for the applicant and the architect to meet with Staff to resolve the problems identified above. Commissioner Alberio moved to continue the item to provide time for the applicant to redesign the project. Chairman Mowlds asked Mr. Kivotos, the applicant's architect, how much time he would need to redesign the project and he said 30 days. Planning Administrator Petru indicated that, with the time needed for Staff review and preparation of the Staff Report, the item should be continued to July 11, 1995. The architect asked what his deadline would be to continue the item to an earlier meeting. Planning Administrator Petru replied that if Staff received the redesigned plans by May 26, 1995, they would have sufficient time to prepare the Staff Report for the June 27, 1995 meeting. Mr. Kivotos agreed to submit the revised drawing to Staff by May 26, 1995. PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 12 The motion was modified, with the approval of the maker, to continue the item to a date certain, June 27, 1995, and seconded by vice chair Hayes. Approved (5-0-1), with commissioner Wang abstaining. At the request of an audience member, Vice Chair Hayes moved to hear additional public testimony that evening, seconded by Commissioner Vannorsdall. Approved, (5-0-1), with Commissioner Wang abstaining. Mr. Howard Johnson returned to the speaker's podium to ask if the City could assist him in determining the legal setbacks from the current house to his property, because he believed there was an existing violation. Planning Administrator Petru responded that, if there was a non- conformity, since the current house was being demolished, a condition could be added that, before the building inspection was signed off for the new foundation, a survey could be required to verify that the new residence complied with the minimum setback requirements. Chairman Mowlds noted that the public hearing had been continued to a date certain, pursuant to a previous motion. ITEMS TO BE PLACED ON FUTURE AGENDAS: Staf f : 6. Pre -Agenda for the regular Planning Commission meeting of Tuesday, May 23, 1995. Commission: There were no requests to place specific items on a future agenda from any of the Commission members. COMMENTS FROM AUDIENCE (regarding non -agenda items): Ms. Lois Larue, 3136 Barkentine Road, Rancho Palos Verdes. Mr. Larue explained the situation regarding a resident, Mr. Harold Herman (8 La Vista Verde), who had asked for her help in resolving a dispute he has with the City regarding a second story addition (Height Variation No. 771). PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 13 ADJOURNMENT: Commissioner Whiteneck moved to adjourn, seconded by Commissioner Wang. The motion carried (7-0) and the meeting was duly adjourned at 9:00 P.M. The next regular meeting of the Planning Commission would be on May 23, 1995. (A.JDMIN#9 - MIN5.9) PLANNING COMMISSION MINUTES MAY 9, 1995 PAGE 14