Loading...
PC MINS 19950725APPROVED 8/8/95 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING July 25, 1995 The meeting was called to order at 7:01 P.M. by Chairman Mowlds at the Hesse Park Community Building, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed, led by Commissioner Vannorsdall. PRESENT: Commissioners Alberio, Ferraro, Vannorsdall, Wang, Whiteneck, Vice Chair Hayes, and Chairman Mowlds. ABSENT: None Also present were Planning Administrator Petru, Associate Planners Silverman and Jerex, and Recording Secretary Drasco. APPROVAL OF AGENDA Chairman Alberio moved to approve the agenda, as presented, seconded by Commissiofier Ferraro. Approved, (7-0). COMMUNICATIONS Staff: None Commission• Commissioner Alberio distributed an article from the Los Angeles Times newspaper regarding the El Sereno earthslide. APPROVAL OF CONSENT CALENDAR I 1. MINUTES OF JUNE 27, 1995 Commissioner Wang noted that on Page 3, Paragraph 7, Line 4, the word "of" should be deleted. Vice Chair Hayes stated that on Page 6, Paragraph 11, Line 1, "Chairman Hayes" should be replaced with "Vice Chair Hayes". Vice Chair Hayes moved to accept the Minutes of June 27, 1995, as amended, seconded by Commissioner Alberio. Approved, (6-0-1), with commissioner Vannorsdall abstaining, as he was not present at the June 27, 1995 meeting. CONTINUED BUSINESS 2. CONDITIONAL USE PERMIT 185 VARIANCE NO. 388 GRADING PERMIT NO. 1793, AND ENVIRONMENTAL ASSESSMENT NO. 676; Wayfarers Chapel, 5755 Palos Verdes Drive South. (TS) The Commission agreed to hear additional public testimony and then adjourn to the project site on August 2, 1995. Mr. Dean Andrews, (applicant and project architect), 10664 Upland, San Pedro, CA 90732. Mr. Andrews stated that, since the last meeting, he had met with Keith Ehlert, Wayfarers Chapel's geologist. In addition, Mr. Andrews indicated that he had provided drawings to the City's geologist, Dale Hinkle, and discussed the project with him. Ms. Lois Larue, 3136 Barkentine Road, Rancho Palos Verdes. Ms. Larue said that she was pleased that there was to be a meeting at the site and asked which City geologist would be present. Planning Administrator Petru replied that two geologists representing the City would be present, Art Keene and Dale Hinkle. Commissioner Ferraro asked for confirmation of the time of the day of the meeting, because the agenda and another document had indicated different times. Planning Administrator clarified that the meeting would be at 3:30 P.M. Commissioner Alberio moved to adjourn to the Wayfarer Chapel site for an adjourned meeting on August 2, 1995, at 3:30 P.M., seconded .by Commissioner Whiteneck. Approved, (7-0). Chairman Mowlds remarked that he had listened to the tape of the July 11, 1995 meeting and that he would be participating in the review of this item. PUBLIC HEARINGS (NO ITEMS) NEW BUSINESS 3. STREET VACATION; Palos Verdes Land Holdings Company, Paseo del Mar public right-of-way in Subregion 7. (CP) Commissioner Ferraro recused herself from considering this item and left the dais. Chairman Mowlds explained that only the street vacation itself was to be discussed, not the merits of the Ocean Trails project. PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 2 • �r Planning Administrator Petru added that the Commission was only to determine if the proposed Street Vacation was consistent with the goals and policies of the General Plan and Coastal Specific Plan. Ms. Lois Larue, 3136 Barkentine Road, Palos Verdes. Ms. Larue was strongly opposed to the street vacation, stating that it was not in conformance with the Coastal Specific Plan or any other City land use document. She stated that this road was needed for access to San Pedro and that it should not be vacated. Chairman Mowlds asked for comments from the Commission and there were none. Chairman Alberio moved to forward a finding of consistency to the City council, seconded by Commissioner Wang. Approved, (6-0-1), with commissioner Ferraro abstaining. Planning Administrator stated that P.C. Resolution 95-29 would be signed that evening and that there was no opportunity for appeal because the item was being forwarded directly to the City Council. Commissioner Ferraro returned to the dais. 4. CONDITIONAL USE PERMIT NO. 33 - REV J, GRADING PERMIT NO. 1803; Wen -Jen Lee, 1 Burrell Lane. (DJ) Associate Planner Jerex presented the Staff Report, explaining that the original footprint for a residence on this lot was approved as part of this tract in 1978 and had been modified three times since then. She stated that the last approval, in 1989, allowed a structure 4,557.5 square feet in size. However, the proposed home would be 4,639 square feet in size. Chairman Mowlds asked for further explanation. Associate Planner Jerex explained that a Conditional Use Permit was established for the tract with specific footprints for each home and that, each time a property owner wanted to modify the footprint, a revision to the original Conditional Use Permit was required. She added that most of the flat portion of this particular lot was being used for a tennis court. Ms. Jerex noted that a map provided to the Commission illustrated both the original footprint, which was highlighted in yellow, and the proposed one. Commissioner Alberio asked how the previously approved footprint sizes compared with this proposed revision. PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 3 Associate Planner Jerex replied that the footprint was the largest home proposed largest was approved in 1987. The other than these two. currently proposed and that the second footprints were smaller A discussion between Chairman Mowlds, Commissioner Alberio and Associate Planner Jerex revealed that the grading of 1,720 cubic yards was substantial, but was necessary because the developable area was small compared to the total square footage of the lot. In addition, the 16' ridgeline required additional grading to create a split-level building pad. It was also determined that a geology report would not be required unless the Commission approved the project. Chairman Mowlds observed that placement of the house and the tennis court affected the views from surrounding properties as well. Associate Planner Jerex agreed and added that the proposed location of the home and tennis court allowed the adjacent homeowner to retain his view. Mr. Richard Gould (applicant's architect), 3480 Torrance Boulevard, Torrance, CA 90501. Mr. Gould stated that he had worked with Staff for some time to determine an acceptable plan. He indicated that Mr. Lee, the property owner, had requested that a 1' setback be permitted, rather than a 5' setback for the tennis court from the side property line, so that he might install a swale and maintain a portion of the park adjacent to his property which was not being tended by the City. Commissioner Vannorsdall asked the distance from the park fence to Mr. Lee's property line. Mr. Gould replied that he did not have a survey, but he estimated that there was approximately six to seven feet of slope, that was covered with weeds, between the property and the fence. Commissioner Vannorsdall was concerned about safety for children playing in the park in regard to the proposed 10' high retaining wall on the property and suggested that there should be a guard rail to keep them from toppling over the wall. Mr. Gould explained that there was an 18" garden wall proposed along the side property line. However, the only large wall to be built was actually part of the house, not a separate 10' high retaining wall. Therefore, Mr. Gould felt that there would be no safety hazard. PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 4 Commissioner Mowlds suggested that the 51 setback would provide more room to construct the suggested swale. Mr. Gould indicated that the smaller 11 setback would also provide more useable driveway area and a better turning radius into the garage. Chairman Mowlds questioned allowing a 11 setback and suspected that, with the exception of the Portuguese Bend Club, this was not common in the City, even for a tennis court. A discussion ensued between Commissioner Alberio, Mr. Gould, and Planning Administrator Petru, in which it was determined that the property was adjacent to, but outside, the Landslide moratorium Area. commissioner Alberio was concerned ,about the City's liability, should there be any earth movement on this lot. Commissioner Alberio, Commissioner Vannorsdall, and Mr. Gould discussed the depth of the bedrock and the placement of the caissons. Mr. Gould indicated that the bedrock was fairly close to the surface and, because the house would be built into the slope of the land, it would be even more stable then if the fill was allowed to remain. Commissioner Alberio suggested that a hold harmless statement be required in the conditions of approval for the project. Commissioner Wang also wanted to make sure that the City was protected. Commissioner Mowlds suggested that the Commission make decisions on some of the other elements of the project and then discuss the City's liability. A straw vote was taken on the following issues: Footprint: Approved, (7-0). Sidevard Setback of 11: Denied, (6-1), with commissioner Whiteneck dissenting. Chairman Mowlds suggested that the hold harmless statement be discussed at this time. Commissioner Whiteneck asked if this kind of condition was standard. Planning Administrator replied that it was not, except in two instances: 1) for projects in the Landslide Moratorium Area and 2) for projects requiring after -the -fact building permits. She stated that including a hold harmless condition for the subject property would set a precedent. PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 5 • • Commissioner Whiteneck was not concerned with setting a precedent as much as he was with whether or not the building would actually be stable on the slope. He believed that severe winter storms, such as the ones this past season, could cause problems, and he believed it was important to protect the City from liability. Vice Chair Hayes stated that she felt that requiring a hold harmless statement would be punitive to the applicant because the property was not in the Landslide Moratorium Area. Chairman Mowlds cited the situation in Palos Verdes Estates at Bluff Cove, where a house had slipped over the edge of the coastal cliff, and stated that probably Palos Verdes Estates wished that a hold harmless statement had been obtained, as the City was held liable for $20,000,000 in damages. He stated that if the land failed on the subject property, caissons would be of no value and that they would slide down the slope with the house. The Chairman believed it was imperative that a hold harmless statement be included in the conditions of approval and suggested that the City Attorney be consulted and the conditions be rewritten and brought back at the next meeting. Chairman Mowlds continued with the straw vote on one more issue: Grading of 1720 cubic yards: Approved, (7-0), as long as there was a hold harmless statement. Commissioner Alberio moved to continue the item to August 22, 1995, with input from the City Attorney regarding the conditions of approval. Commissioner Mowlds asked if this continuance was acceptable to the applicant and Mr. Gould said that it was. The motion was seconded by Commissioner Whiteneck and Approved, (7-0). 5. Review of a draft letter recommending that City Council review payment of Appeal fees in conjunction with a Fee Waiver Request. (CP) Planning Administrator explained that this subject was initially raised by the Commission at the June 27, 1995 meeting. It was placed on the agenda and discussed at the July 11, 1995 meeting. A draft letter regarding whether or not an appeal fee should be presented (but held) in conjunction with a Fee Waiver Request, was presented to the commission in the July 25, 1995 agenda packet for further discussion at tonight's meeting. Ms. Petru stated that a second, related topic was raised at the July 11, 1995 meeting, regarding the possibility of a partial refund to PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 6 the applicant when a appeal resulted in a redesign and ultimate approval of the project. She believed that it was appropriate to postpone this second subject until the Development Code Revisions' were reviewed again by the Planning commission. Chairman Mowlds asked the Commission for comments. Commissioner Alberio stated that this request was not intended to usurp the authority of the Council, but merely to point out that it seemed that the current procedure did not conform to the Code. Chairman Mowlds stated that the Commission and Committee Handbook listed the duties of each body, stating that the Planning Commission's purview was to review planning and zoning issues. He did not feel that the Commission should advise the City Council on matters outside its jurisdiction and said that he would not sign the letter. Vice Chair Hayes expressed her opinion that the Commission should not forward the letter to the City Council. Commissioner Alberio reiterated that he did not believe that the Commission was telling the Council how to do their job, but saw the letter simply as a recommendation. Vice Chair Hayes noted that any city resident could suggest a change in the fee collection procedure as a private citizen, but she did not feel it was appropriate for the commission to make such a recommendation. Chairman Mowlds asked for the opinion of the other members of the commission. Commissioner Wang said that she would be willing to sign the letter and let the Council decide if they wished to review the current procedure. Commissioner Vannorsdall remarked that, since he was not present at the previous Commission meetings when this topic was discussed, he had no comments. Commissioner Whiteneck said that he was undecided and needed further time for consideration. Commissioner Ferraro stated that she preferred that the letter not be sent because she did not feel that the issue was within the Commission's purview. She concurred with Vice Chair Hayes that it would be appropriate for a private citizen to raise the question. PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 7 Vice Chair Hayes moved to table the item and take no action, seconded by Commissioner Ferraro. The motion passed (5-2) by the following roll call vote: AYES: COMMISSIONERS FERRARO, VANNORSDALL, WHITENECR, VICE CHAIR HAYES, AND CHAIRMAN MOWLDS NOES: COMMISSIONERS ALBERIO AND WANG Commissioner Alberio noted that he felt the recommendation was valid, and that it was not his intent to intrude into matters that were only within the Council's purview. ITEMS TO BE PLACED ON FUTURE AGENDAS Staff: 6. Pre -Agenda for the regular Planning Commission meeting of Tuesday, August 8, 1995. commission: Commissioner Ferraro asked to be excused from the August 22, 1995 meeting because she would be out of town. COMMENTS FROM AUDIENCE (regarding non -agenda items): Ms. Lois Larue, 3136 Barkentine Road, commented on the storm drains which caused the landslide in Bluff Cove in Palos Verdes Estates. She also stated that the Valley View Graben is the upper boundary of the ancient Portuguese Bend Landslide, the Commissioner Handbook is full of errors, and the Alta Mira Drainage Project EIR is full of inaccurate statements. ADJOURNMENT Vice Chair Hayes moved to adjourn, seconded by Commissioner Wang. The motion carried, (7-0), and the meeting was duly adjourned at 8:02 P.M. to an Adjourned Meeting at 3:30 P.M. on August 2, 1995, at Wayfarers Chapel, 5755 Palos Verdes Drive South. The next regular meeting of the Planning Commission would be on August 8, 1995. (A.JDMINAO-MIN7.25) PLANNING COMMISSION MINUTES JULY 25, 1995 PAGE 8