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PC MINS 19960528Approved 6/��11��/96 0� CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING MAY 28,1996 CALL TO ORDER The meeting was called to order at 7 05 P M by Chairman Clark at the Hesse Park Community Building, 29301 Hawthorne Boulevard FLAG SALUTE The Pledge of Allegiance was led by Director of Planning, Building and Code Enforcement/Planning Commission Secretary Petru. ROLL CALL Present Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck and Chairman Clark Absent Vice Chairman Vannorsdall (excused). Also present were Director of Planning, Building and Code Enforcement/Planning Commission Secretary Petru, Assistant Planner deFreitas, Code Enforcement Officer Pollard and Recording Secretary Selogie. APPROVAL OF AGENDA Commissioner Alberio moved for the approval of the agenda as written. The motion was seconded by Commissioner Franklin and, there being no objection, it was so ordered by Chairman Clark (6-0). PLANNING COMMISSION MAY 28, 1998 CaMNWNICATIONS Staff Director/Secretary Petru distributed the following written material a schedule for the 1996-97 League of California Cities' meetings, letters (dated May 8, 1996 and May 28, 1996) from Commissioner Franklin regarding the Wayfarer's Chapel project, which was considered by the Planning Commission on April 13, 1996, two large fold -out maps pertaining to Agenda Item No 3 (General Plan Consistency Determination, The Nazanan Corporation, a Portion of the Undeveloped Narbonne Avenue Public Right -of- Way between Sunnyside Ridge Road and Palos Verdes Drive East), a memorandum from Commissioner Alberio regarding Agenda Item No. 5 (Commission Subcommittee Report on Position Paper to City Council Regarding Appointment of the Chair and Terms of the Commission Members); and a photograph showing the existing monument sign at the main tract entry for Agenda Item No 7 (Sign Permit No 805, Shapell Industries, Tract No 33206 [Rancho Palos Verdes Estates]). There was a consensus of the Commission to discuss the written information regarding Wayfarer's Chapel provided by Commissioner Franklin at the next regular meeting on June 11, 1996. Commission Chairman Clark noted the League's Planners' Institute was scheduled to be held on March 12 through 14, 1997 in Monterey, California. He also provided input about discussion at the recent Mayors' Breakfast he attended Commissioner Alberio called attention to the Annual League Conference to take place during October 1996 in Anaheim, California Commissioner Ng asked when the newly appointed Planning Commissioners will receive copies of the General Plan She also asked if maps showing the earthquake faults in the area are available. Director/Secretary Petru advised that copies of the General Plan will be provided to the Commissioners who need them in approximately two weeks, that the General Plan includes a map showing the earthquake faults in the area and that the City is looking into the possibility of purchasing a detailed earthquake fault map from the United States Geological Society PLANNING COMMISSION MAY 28, 1998 2 Commissioner Franklin related his understanding that the City is behind on the updating of the General Plan. Director/Secretary Petru clarified that State law requires the updating of the Housing Element of the General Plan every five years and recommends the same for the General Plan and that the General Plan update has been presented to the City Council as part of the Department's proposed budget for the past three years. Chairman Clark observed that the Planning Commission could review the General and Coastal Specific Plans and make recommendations on potential amendments and updates to the City Council. Commissioner Alberio stated his understanding that, prior to updating the General Plan, interested parties would have an opportunity to discuss it at Town Hall meetings. Director/Secretary Petru related Staff's suggestion that the Planning Staff conduct a preliminary review of the General Plan with the Planning Commission before presenting it for input from the public CONSENT CALENDAR Minutes of April 23, 1996 Minor modifications to the minutes of April 23, 1996 were offered by various Commissioners. Referring to his memorandum dated May 28, 1996, Commissioner Franklin recommended several significant modifications to the minutes of April 23, 1996 The Commission agreed to table the approval of the April 23, 1996 minutes to give Staff an opportunity to examine the recommendations pertaining to the Wayfarer's Chapel project, as provided by Commissioner Franklin. The following motion was offered. Commissioner Franklin moved to table Consent Calendar Item No. 1(Minutes of April 23, 1996) until the meeting of June 11, 1996 to allow Staff time to examine his recommended language changes pertaining to the Wayfarer's Chapel project. The motion was seconded by Commissioner Cartwright and, there being no objection, it was so ordered by Chairman Clark (6-0). 2 Grading No. 1876 - Mr. John Wolff,0267 Avenida de Calma (KK) Commissioner Cartwright acknowledged that he lives more than 300 feet from the subject property, but approximated that he lives within 2,500 feet of it. However, he stated that he felt that there was no conflict of interest with his participating in the Commission's consideration of this project, since he cannot see the project from his property and it would not impact him in any way PLANNING COMMISSION MAY 28, 1998 Commissioner Franklin questioned if the applicant would be required to sign a Hold Harmless Agreement to protect the City against any liability in case the wall were to fail Director/Secretary Petru advised that Hold Harmless Agreements are not typically required in such a situation and that the only time the City would make such a requirement was if the property was in the Moratorium Area or the wall was already built She noted that the proposed project would be fully reviewed and inspected by the City's Building & Safety Division 3. General Plan Consistency Determination - The Nazarian Corporation, a Portion of the Undeveloped Narbonne Avenue Public Right -of -Way between Sunnyside Ridge Road and Palos Verdes Drive East (CP) Commissioner Ng asked if the portion of the easement under discussion at this time was the only remaining portion of the easement acquired when the City was incorporated Director/Secretary Petru advised the Commission as to the following. that there are two other segments remaining -- one south of this property between Sunnyside Ridge Road and the bottom of the canyon between Sunnyside Ridge and Rockinghorse Roads and one from the bottom of the canyon to Rockinghorse Road; that the parcel off of Rockinghorse Road is owned jointly by the City and the County, it was auctioned recently with the City and the County splitting the proceeds, it is subject to development of a single-family home, that the easement from the bottom of the canyon between Sunnyside Ridge and Rockinghorse Roads is owned by the City with the easement over it; and that this particular piece of property is in private ownership and the City only has an easement over this property. Chairman Clark pointed out that the Parks and Recreation and Traffic Committees supported the concept of vacating the easement in terms of traffic and recreational uses and that the Planning Commission was asked on behalf of the City Council to look at this issue for consistency with the General Plan. Director/Secretary Petru clarified for Commissioner Franklin that the portion of Sunnyside Ridge Road adjacent to the subject property is a public street Commissioner Alberio moved for the approval of Consent Calendar Item Nos. 2 (P.C. Resolution No. 96-11) and 3, as recommended by Staff. The motion was seconded by Commissioner Cartwright and, there being no objection, it was so ordered by Chairman Clark (6-0). PLANNING COMMISSION MAY 28, 1998 4 CONTINUED BUSINESS 4 Planning Commission Rules and Procedures The Commission amended the proposed P C Resolution as follows Paragraph 2 1 " .at the discretion of the Chairperson. These minutes shall be duly preserved. A copy of any such " Paragraph 2.5 "3 All speakers must first state their full names and the names of any persons in whose behalf they are appearing (if any) and are requested to give their addresses. Paragraph 2 2 "(a) Presentation of staff report, including any environ- mental analysis or recommendation. (b) Questions of staff by members of Planning Commission. (c) Public hearing opened. Paragraph 4.1.1 "...If there is no action by an affirmative vote, the result is dental If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision maker from which the appeal was taken. Commissioner Whiteneck moved for the adoption of P.C. Resolution No. 96-12 , thereby approving revised Planning Commission Rules and Procedures, as modified. The motion was seconded by Commissioner Ng and, there being no objection, it was so ordered by Chairman Clark (6-0). Director/Secretary Petru verified that the revised Planning Commission Rules and Procedures will be distributed to the Commissioners at the next meeting. 5. Commission Subcommittee Report on Position Paver to City Council Re2ardina Appointment of the Chair and Terms of the Commission Members Referring to his May 28, 1996 memorandum addressed to Mayor Lyon and Members of City Council, Commissioner Alberio provided an overview on the Subcommittee's recommendations about the appointment of the Planning Commission Chairman and the terms of service for the Planning Commission members PLANNING COMMISSION MAY 28, 1998 Commissioners Alberio and Whiteneck supported the Subcommittee's recommendation that the election of the Chairman and Vice Chairman should be made by the Commission and rotated every year Commissioners Cartwright, Franklin, Ng and Chairman Clark saw some merits in the continued appointment of the Planning Commission Chairman by the City Council With regard to the appointment of the Planning Commission Chairman and the terms of the Planning Commission members, the Commission recommended the following to the City Council. That the Planning Commissioner terms of service shall be four years, That the City Council consider delegating the election of the Planning Commission Chairman. to the Planning Commission, That the Chairman shall not be a first-year Planning Commissioner, - That the appointments to the Planning Commission shall be staggered to benefit the Commission with experienced members, and That the total number of Commissioners shall remain at seven (7) Lois Larue, 3136 Barkentme Road, maintained that it is not necessary for the Planning Commission Chairman to be an experienced Planning Commissioner in that the Chairman simply chairs the meeting She contended that the Commission's viewpoint that the Chairman should not be a first-year Commissioner shows there is a hidden agenda With regard to the appointment of the Planning Commission Chairman and the terms of the Planning Commission members, Commissioner Alberio moved to adapt the recommendations as discussed and to forward a revised position paper to the City Council for consideration. The motion was seconded by Commissioner Whiteneck and passed by unanimous roll call vote (6-0). PLANNING COMMISSION MAY 28, 1998 0 PUBLIC HEARINGS 6. Variance No. 404 - Ms. Grace Kadoya, 4516 Palos Verdes Drive East Assistant Planner deFreitas presented the staff report. He explained Staff's opinion that all the findings of fact necessary to grant the request could be made, that the sloping nature of the lot creates a situation whereby the applicant cannot landscape the lot in accordance with City Code requirements without affecting the buffer and privacy currently available to the applicant via the hedge, that the hedge does not impair the views from any nearby residential properties and that the it is consistent with vegetation found throughout the City and, particularly, in the Miraleste area. Commissioner Ng asked if other properties with vegetation similar to the applicant's have Variances. Assistant Planner deFreitas affirmed that the vast majority do not. He advised the Commission of the City Council's recent direction not to pursue enforcement of hedges that exceed the height limits specified in the Code and he noted that the Council will be examining the idea of establishing an overlay district to look at the situation in greater detail and to perhaps allow less stringent requirements in certain areas of the City Commissioners Alberto and Franklin asked if this property is within the jurisdiction of the Palos Verdes Art Jury and, if so, how the Planning Commission's decision would be affected. Assistant Planner deFreitas advised that the property was within the jurisdiction of the Palos Verdes Art Jury, which oversees structures, additions, houses, etc to the Miraleste area of the City Director/Secretary Petru clarified that there was land within Miraleste which was owned by the Miraleste Parks and Recreation District and was separate from the Palos Verdes Homes Association boundaries, which included deed restrictions to comply with the terms of the Art Jury requirements. She advised that the subject property is not owned by the Miraleste Parks and Recreation District. Chairman Clark recalled that the City Council's recent discussions considered how to handle hedges to the Miraleste area because of the rural character there and discussed whether there should be a separate ordinance for hedges to Rancho Palos Verdes. ►V��-�Il�fi7K� �I�1 `T+`���I MAY 28, 1998 Director/Secretary Petru explained that Staff had suggested an amendment to the Development Code to eliminate any height limitations on hedges and to have the View Restoration Commission consider hedges if there is a view issue She further explained that the City Council did not give Staff direction to make that change to the Code but, instead, directed Staff to return with information about establishing an overlay district to include the Miraleste area and exempt certain hedges from the ordinance after the Development Code revisions are adopted. Commissioner Ng moved to open the public hearing. The motion was seconded by Commissioner Cartwright and, there being no objection, it was so ordered by Chairman Clark. Ms Grace Kadoya, (applicant) 326 S State Street, Los Angeles, 90033, discussed the following. that she was involved in an accident and, because of lacerations to her face, she was told by a doctor she should not live on the property because it was too sunny, that she won litigation involving a neighbor who removed a great amount of vegetation on her property; that her hedge does not impair any views, that several other properties in the neighborhood have hedges similar to hers, that she purchased the property because the foliage and the rural area appealed to her Director/Secretary Petru noted that, at this time, the Code Enforcement program is primarily reactive (and not proactive) and that a fairly large number of the Code Enforcement cases in the City which are referred to the City Prosecutor involve hedges Ms Kadoya related her agreement with the Staff recommendations She said that the people currently living on her property indicated that trimming the hedge extensively results in noise and car lights shining onto the property. Ms Janet Levering, 31281 Ganado Drive, the listing agent for the property when it was purchased by Ms Kadoya, stated the following that the majority of homes in the area have hedges which are much higher than 42 inches; that most of the homeowners would not have purchased their properties if the hedges had been only 42 inches because of privacy, and that this particular hedge involves safety as well as privacy. She voiced concern that the grudge of an adjacent neighbor can result in a homeowner spending $2,000 for a Variance Mr Keith Tanabe, 1812 W 135th Street, provided input regarding the applicant's neighbor removing vegetation from the subject property He commented on privacy and safety issues related to this matter, pointed out that several of the homes in the Miraleste area have hedges similar to the applicant's, and asked the Commission to consider abating some of the Variance filing fee Chairman Clark said that Variance fees help support the cost of the work performed by Staff and, even though he sympathizes with the applicant, the Commission cannot confirm that the expenses incurred by the applicant were brought about by a neighbor PLANNING COMMISSION MAY 28, 1998 Director/Secretary Petru advised that there was a penalty fee associated with this application and that the applicant intends to request a waiver from the City Council The Commission agreed to recommend to the City Council that the penalty fees associated with the Variance be waived and the following motions were offered. Commissioner Whiteneck moved to close the public hearing. The motion was seconded by Commissioner Ng and, there being no objection, it was so ordered by Chairman Clark. Commissioner Alberio moved for the adoption of P.C. Resolution No. 96-13 thereby approving Variance No. 404 as recommended by Staff, with a recommendation to the City Council that the penalty fees associated with the Variance be waived. The motion was seconded by Commissioner Cartwright and passed by unanimous roll call vote (6-0). Chairman Clark explained appeal procedures 7 Sian Permit No. 805 - Shaaell Industries, Tract No. 33206 (Rancho Palos Verdes Estates) Refemng to the staff report, Code Enforcement Officer Pollard provided background information on this item Commissioner Cartwright related his opinion that four signs would be excessive He voiced his understanding that the existing signs in the public right-of-way would be removed and that the new signs would be installed on the applicant's property Commissioner Franklin pointed out that, contrary to information in the staff report, the signs were not removed by April 30, 1996 Director/Secretary Petru advised that the applicant had volunteered to remove the signs, however, the City told the applicant that to replace them on common area would require a Sign Permit processed by the Planning Commission Since a Sign Permit application was submitted, the enforcement of the signs in the right-of-way was, therefore, suspended. She also verified that this New Business item was not publicly noticed. Commissioner Ng related her feeling that four signs would not be excessive for the number of lots remaining At the request of Commissioner Ng, Code Enforcement Officer Pollard provided information about the size of the existing signs He affirmed that the proposed signs would be much smaller than the existing ones PLANNING COMMISSION MAY 28, 1998 0 There being no further discussion, the following motion was offered Commissioner Cartwright moved for the approval of the Staff recommendation to approve the request via Minute Order, subject to the conditions in Exhibit "A". The motion was seconded by Commissioner Alberio and, there being no objection, it was so ordered by Chairman Clark (6-0). ITEMS TO BE PLACED ON FUTURE AGENDAS Staff 8. Pre -Agenda for the Regular Planning Commission Meeting of Tuesday, June 11,1996 Director/Secretary Petru advised that, pursuant to discussion earlier in this meeting, the Planning Commission minutes of April 23, 1996 would be placed on the Planning Commission agenda for the meeting of June 11, 1996 Commission The Commission requested that the additional information regarding the Wayfarer's Chapel provided by Commissioner Franklin be placed on the June 11, 1996 agenda for discussion. COMMENTS FROM THE AUDIENCE (Regarding Non -Agenda Items) Lois Larue, 3136 Barkentine Road, objected to the idea of the City issuing $60,000,000 in bonds as proposed by the landowners of the Ocean Trails project, voiced concern that the City Council previously permitted one of the landowners to speak much longer than a speaker who wished to state her opposition to the bonds, asked that the Planning Commission discourage the City from issuing the bonds; and related her understanding that the Council of Homeowners wrote a letter opposing the idea ADJOURNMENT At 9 15 P M the meeting was duly adjourned to Tuesday, June 11, 1996, 7 00 P.M. PLANNING COMMISSION MAY 28, 1998 10