PC MINS 19970812- Approved
09/23/97
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION
REGULAR MEETING
AUGUST 12, 1997
CALL TO ORDER
The meeting was called to order at 7:01 P M by Chairman Vannorsdall at the Hesse
Park Community Building, 29310 Hawthorne Boulevard
FLAG SALUTE
The Pledge of Allegiance was led by Vice Chairman Whiteneck.
ROLL CALL
Present Commissioners Albeno, Cartwright, Clark, Slayden,
Vice Chairman Whiteneck, and Chairman Vannorsdall
Absent Commissioner Ng (excused).
Also present were Director/Secretary Petru, Associate Planner Fox, Assistant Planner
Ward, and Recording Secretary Atuatasi
APPROVAL OF AGENDA
Chairman Vannorsdall moved to consider Agenda Item Nos. 3 (Height Variation
No. 826 & Grading Permit No. 1886) and Agenda Item No. 4 (Height Variation No.
835 and Site Plan Review No. 7988) before Agenda Item No. 1, since both items
were recommended by Staff for continuance to an Adjourned Meeting on August
14, 1997. The motion was seconded by Commissioner Cartwright and passed, (6-
0).
COMMUNICATIONS
Staff
Director/Secretary Petru distributed. 1) correspondence from Mary Healy with
Prudential Realty regarding Agenda Item No 4 (Height Variation No 835 and Site Plan
Review No 7988), 2) correspondence from Dr and Mrs John Jordan regarding
Grading Permit No 1933 to be considered at the August 14, 1997 Adjourned meeting,
and, 3) the City Manager's response to Mr. Anthony Segreto's letter regarding the
Marriott Lifecare Project
Commission
Vice Chairman Whiteneck distributed a memorandum regarding the Commissioner's
responsibility involving findings offered by the City Engineers and other specialist
employed by the City.
At this time Agenda item No 3 was considered.
PUBLIC HEARINGS
3 Height Variation No. 826 - Appeal and Grading Permit No. 1886:
applicant: Mr. & Mrs. Kispal, 7460 Alida Place, appellants: Jane C.
Botello, 7400 Alida Place, Avery Knapp, 7435 Alida Place, Michael
Tjong, 7440 Alida Place, and Jimmy Naumovski, 7420 Alida Place.
Chairman Vannorsdall stated that, although Staff recommended continuing the item to
August 26, 1997, the applicant submitted a request to continue the public hearing to
August 28, 1997 (which is not a regular Planning Commission meeting date), since they
would be out of the country until that time Chairman Vannorsdall stressed the
importance of the presence of both applicant and appellant at the public hearing in
order to discuss and give testimony before the Commission Therefore, he suggested
that the item be continued to September 9, 1997, when all parties involved could be
present
Commissioner Alberio moved to continue the public hearing of this item to
September 9, 1997. The motion was seconded by Vice Chairman Whiteneck and
passed by a roll -call vote, (6-0).
4 Height Variation No. 835 and Site Plan Review No. 7988: Mr. & Mrs. Al
Edgerton, 59 Oceanaire Drive.
Chairman Vannorsdall read aloud the requested action and Staff's recommendation for
this item He stated that even though the public hearing of this item was to be continued
to an adjourned meeting on August 14, 1997, as recommended by Staff, he felt that it
was appropriate for the Commission to listen to the testimony of those who requested
to speak on this item that evening. Chairman Vannorsdall asked how many requests
there were to speak to this item.
Recording Secretary Atuatasi replied that there were two requests
Planning Commission Minutes
August 12, 1997
Page 2
Commissioner Clark felt that no testimony should be taken that evening, since the item
was to be continued to a later date. He felt that it would be more beneficial for the
Commission to hear all of the testimony at the same time.
Director/Secretary Petru stated that the applicant had withdrawn his request to speak
that evening, and would hold his testimony until the adjourned meeting on August 14,
1997
Chairman Vannorsdall felt that the Commission should still hear the one speaker who
was opposed the proposed project and wished to address the Commission that night,
since he could not attend the August 14, 1997 meeting
Commissioner Alberio moved to open the Public Hearing, seconded by Vice
Chairman Whiteneck, and passed, (6-0).
Mr. Timothy Cotter, 57 Oceanaire, stated that the appellant, Mr Paul Cotter was not
present that evening to give testimony, but that he would attend the meeting of August
14, 1997 with a representative to discuss his concerns about the proposed project.
Director/Secretary Petru informed the Commission that a request to speak from Mrs
Teng Li -Ann Lee was submitted to her while Mr. Cotter was approaching the podium to
speak.
Chairman Vannorsdall stated that any other members of the audience that wished to
speak to this item would be given the opportunity do so at the adjourned meeting on
Thursday, August 14, 1997.
From the audience, Mrs. Lee stated her desire the speak to the item that evening,
instead of waiting until August 14, 1997
Commissioner Albeno stated that the Commission could not hear her remarks from the
back of the room and asked her to approach the podium to speak into the microphone.
Mrs Teng Li -Ann Lee. 55 Oceanaire Drive, stated that the public hearing for this item
should not be continued, since appropriate notification has not been provided to the
residents in a timely fashion.
Director/Secretary Petru stated that the notice for this item was properly issued through
publication in the newspaper as well as mailed to all residents within a 500 foot radius
of the site Ms Petru also added that the Commission had the authority to continue the
public hearing to a date certain without any additional public notice without violating the
Ralph M Brown Act
Planning Commission Minutes
August 12, 1997
Page 3
Chairman Vannorsdall asked the Commission for a motion regarding this item
Commissioner Cartwright moved to continue the Public Hearing to the adjourned
meeting of August 14, 1997 as recommended by Staff. The motion was seconded
by Commissioner Slayden and passed by acclamation, (6-0).
At this time Agenda Item No. 1 was considered.
CONSENT CALENDAR
The Commission had no comments or objections regarding the Minutes of July
22, 1997 and, therefore, approved the minutes as presented, (6-0).
CONTINUED BUSINESS
2 Tentative Parcel Map No. 24546, Coastal Permit No. 134, Grading No.
1882 and Environmental Assessment No 685; Frank Sciarrotta, 6560
Palos Verdes Drive South.
Vice Chairman Whiteneck excused himself from the dais for this item, since he lived in
close proximity to the subject property
Director/Secretary presented the Staff Report for Senior Planner Snow, who was
unable to attend the meeting She stated that when the Commission last considered
this item at the meeting of July 8, 1997, they requested that the applicant place a
silhouette framework on the property to represent the proposed ridge lines In addition,
the Commission requested that Staff conduct a detailed view analysis on the site to
analyze the differences that would occur based on the applicant's proposed maximum
ridge height and Staff's recommended lower ridge heights.
Ms Petru indicated that Staff had taken views both from eastbound and westbound
direction on Palos Verdes Drive and found that there was no view impairment caused
by the applicants proposed ridge height from the westbound traffic direction, but felt that
there would be an impact for those traveling eastbound on Palos Verdes Drive South,
particularly bicyclist and pedestrians Staff had once again reviewed the General Plan
and Coastal Specific Plan with regards to view corridors over the subject site and
included the specific policies in the Staff Report on page 3 Ms Petru noted that the
Coastal Specific Plan contained stronger language than the General Plan regarding the
preservation of views over the site, particularly with regards to the view directly over the
site, which was the Catalina island view as well as the blue water view She stated that
Planning Commission Minutes
August 12, 1997
Page 4
Staff takes the most conservative approach in protecting views in accordance with both
the General and Coastal Specific Plan Therefore, Staff believed that the view analysis
supported Staffs previous July 8, 1997 recommendations to lower the maximum
allowable ridge heights on the proposed lots However, Ms Petru noted that if the
Commission decided to concur with Staffs recommendation, there would still be an
issue associated with providing adequate drainage for the proposed lots Staff had
previously recommended that this issue be addressed by requiring the applicant to
obtain a drainage easement across the adjacent Seabluff tract common open space lot
in order to connect the drainage to Sandy Point Court
Since this was a continued public hearing, Chairman Vannorsdall called for the first
speaker
Mr Tom Yuge. (applicant's architect) 521 Fay Lane, Redondo Beach, CA reiterated his
comments from the meeting of July 8, 1997. He concurred with Staffs recommendation
with the exception of lowering the pad elevations.
Lois Larue, 3136 Barkentine Road, was pleased with Staffs recommendations
regarding view protection and requested that the Commission concur with Staff and
require the reduced ridge heights
Chairman Vannorsdall asked if there were any other speakers for this item
Recording Secretary Atuatasi replied that there were none
Chairman Vannorsdall asked the Commissioners for a motion to close the public
hearing
Commissioner Slayden moved to close the public hearing, seconded by
Commissioner Clark. With no objections from the Commission Chairman
Vannorsdall declared the public hearing closed.
Chairman Vannorsdall informed the public that Vice Chairman Whiteneck had recused
himself before discussion of this item since he lived within close proximity of the site.
He then asked the Commission if they desired to discuss this item.
Commissioner Slayden believed that if the ridge height were lowered a few feet more
as recommended by Staff, it would place the proposed project in a hole Mr Slayden
felt that the applicant's proposal would not result in significant view impairment from
Palos Verdes Drive South and felt that the new homes would be compatible with the
neighboring residents. Therefore, he favored approving the project, as requested by
the applicant.
Planning Commission Minutes
August 12, 1997
Page 5
Commissioner Cartwright felt that the current architectural design of the proposed
homes was low enough to be compatible with the neighboring residents in the Seabluff
tract He believed that if the ridge heights were lowered any further, as recommended
by Staff, that the homes would not be compatible with the neighboring homes. As far
as the view was concerned, Commissioner Cartwright believed that the only view
impairment would be for the pedestrians or bicyclist traveling eastbound on Palos
Verdes Drive South. He felt that this impairment was not significant. Mr Cartwright
concluded by saying that he favored the applicant's proposal
Commissioner Alberio concurred with Staff's findings regarding the potential impairment
of public views over the property He felt that the proposed project should be required
to conform with City's Code, General Plan and Coastal Specific Plans and should be
compatible with the adjacent properties Therefore, he favored requiring the lower ridge
heights
Chairman Vannorsdall stated that Staff had prepared its recommendation in
accordance with the City's Code and land use documents, but that the Commission had
the discretion and flexibility to disagree with Staffs recommendations He echoed the
opinions of Commissioners Slayden and Cartwright that the project would not result in
significant view impairment at the proposed ridge heights and, therefore, supported the
applicant's proposal.
Commissioner Clark reiterated Chairman Vannorsdall's opening statement with regards
to Staff's findings and recommendation, but concluded by saying that he agreed with
his fellow Commissioners who favored the project, as proposed
Commissioner Slayden moved to approve Tentative Parcel Map No. 24546,
Coastal Permit No. 134, Grading Permit No. 1882, and Environmental Assessment
No. 685, as proposed by the applicant, and directed Staff to prepare the
appropriate resolutions and conditions of approval for the meeting of August 26,
1997. The motion was seconded by Commissioner Cartwright and passed by a
roll -call vote, (4-1-1) with Commissioner Alberio dissenting and Vice Chairman
Whiteneck abstaining.
At this time the Commission reconsidered Agenda Item No. 5 and Vice Chairman
Whiteneck returned to the dais
PUBLIC HEARINGS
5. Conditional Use Permit No. 178 - Six -Month Review: Steve
Saporito, Hilltop Automotive, 28732 Highridge Road.
Planning Commission Minutes
August 12, 1997
Page 6
Associate Planner Fox presented the Staff Report and stated that since building permits
for this project were not obtained until September 20, 1995, a certificate of occupancy
was not Issued to the applicant until February 4, 1997. Mr. Fox stated that in order to
better assess the actual operation of the business, the Director determined that the
Commission's review of the project would occur six months after the issuance of a
certificate of occupancy. Mr. Fox summarized the compliance of the project with the 19
mitigation measures and 27 conditions of approval, which were adopted by the City
Council He stated that compliance with some of the conditions had been contested by
interested parties, such as aesthetics, parking, landscaping, and hours of operation.
Staff felt that the landowner had not complied with requirements related to removing a
curb cut along Highridge Road In addition, Staff suggested some minor changes to the
conditions of approval to clarify items related the on-site sale of cars, parking of
vehicles awaiting service and the hours of operation. Staff recommended that the
Commission to review the project for compliance with the conditions of approval and
provide direction to the Staff regarding any proposed modifications to the project
Chairman Vannorsdall asked If there were any speakers for this item
Recording Secretary Atuatasi replied that there were a total of six speakers
Commissioner Slayden moved to open the Public Hearing, seconded by Vice
Chairman Whiteneck. Chairman Vannorsdall declared the public hearing open.
Mr Steve Saporito. (owner of Hilltop Automotive) 28732 Highridge Road, stated that he
read the Staff Report and had a couple items that he wished to clarify for the
Commission. Mr. Saporito explained the incident regarding the car that was for sale on
the property. He informed the Commission that this vehicle was undergoing service
and that the owner happened to have a `for sale' sign displayed within the vehicle Mr
Saporito stated that he was aware of residents who felt that he had been violating his
approved hours of operation, particularly regarding the activities which occurred after
5.00 p m Mr Saporito stated that on a daily basis the clean-up process and relocation
of vehicles into the shop took approximately from two to three hours to complete, which
gave the appearance to residents that his business was still being conducted after 5.00
p m. He informed the Commission that because of the cleaning solvents and exhaust
fumes which posed a health hazard for his employees, he needed to leave the doors to
the service bays partially open during the clean up activities Mr Saporito requested
that the Commission delete the 5.00 p.m. restriction Lastly, Mr Saporito felt that he
should not be required to remove the existing curb cut He felt that the existing planter
and foliage served as a deterrent to motorists trying to enter the site from this curb cut.
Mr. Saporito also requested that the Commission delete this condition.
Planning Commission Minutes
August 12, 1997
Page 7
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Ms Fran Saporito, 5517 Seaside Heights Drive, relinquished her time to speak to Steve
Saporito.
Ms Sheri Sprague 4353 Palos Verdes Drive South, expressed how pleased she was
with the service he provided to the community and how it had exceeded all of the
community's expectations. Ms. Sprague stated that the appearance of the facility did
not resemble an automotive repair center She supported the business and felt that Mr
Saporito had complied with all of the conditions of approval for his repair station
Mr. Ken Combs 29322 Whitley Collins Drive, supported Mr Saporito's business and
believed that he provided a necessary service to the community.
Ms. Jo Landau, 2 Hilicrest Meadows Road, stated that her home was directly adjacent
Mr. Saporito's repair station She believed that he had not been complying with the
conditions of the CUP and was particularly concerned with two issues- 1) The
landscaping did not provide adequate screening for the vehicles parked outside of the
facility, and she suggested that Oleander trees be placed in that location, and 2) She
stated that Mr Saporito had violated his hours of operation (8 00 a m to 5 00 p m.).
Ms Landau stated that Mr Saporito's doors frequently remained opened after 5 00
p m , which created a light glow (impact) for the resident She requested that the
Commission require Mr. Saporito to comply with these conditions
Mr. Angelo Revels, 11 Hillcrest Meadows Road, stated that the automotive repair
station had not been built at the time he purchased his home across the street. Now
that was there, he and the rest of the neighbors would have to learn to live with it Mr.
Revels requested that the Commission require the applicant abide with the approved
hours of operation
At this time Mr. Saporito was recalled to the podium by the Commission to answer
questions.
Commissioner Clark asked Mr. Saporito why he selected the present screening
materials (Podocarpus) along Highridge Road, instead of Oleander trees
Mr Saporito replied that the reason for selecting the present screening material
(Podocarpus) was that it provided a dense foliage, even though it was slower growing
With Oleander trees, the growth would be rapid, but it would quickly become woody and
thin, and would have an aggressive root system that may break up his paved driveway
Commissioner Clark asked Mr Saporito if he had any objections with the Commission
adding language to the CUP prohibiting the use of the property for car sales
Planning Commission Minutes
August 12, 1997
Page 8
Mr. Saporito replied that he had no objections to that change to the conditions.
Commissioner Slayden moved to close the Public Hearing, seconded by
Commissioner Cartwright. Chairman Vannorsdall declared the public hearing
closed.
Chairman Vannorsdall asked the Commission if they desired to discuss this item
At this time, the Commission went through the Staff Report and discussed each of the
conditions highlighted therein:
Condition Nos. 17 & 21 (Hours of Operation
Commissioner Cartwright stated that if the doors were closed at 5 00 p m , it could
create a health and safety problem for the employees engaged in the clean-up process
Mr Cartwright felt that the doors should remain opened for ventilation while employees
cleaned and relocated vehicles inside the building
Chairman Vannorsdall was concerned that, if the doors were allowed to remain open
after 5.00 p.m., the light from the repair station would shine onto adjacent properties
and create an adverse visual impact during the winter season
Mr. Saporito replied that the lighting under the canopy of his repair station was very
bright, but that these lights were rarely turned on. The normal illumination did not shine
off the property He stated that only the lights inside the building would be utilized
during the winter season.
It was the consensus of the Commission that the current hours of operation were
appropriate for the repair station, but that the owner should be allowed to leave the
doors of the services bays open between 5 00 p m and 7:00 p m. to facilitate clean-up
activities and re -location of the cars inside the building
Mitigation Measure No. 9 (Aesthetics) and Condition No. 8 (Landscaping):
Commissioner Clark believed that the existing landscape screening was adequate to
screen the view of vehicles stored in the parking area Mr Clark felt that additional
landscape screening was not necessary
The other Commissioners concurred with Commissioner Clark's opinion and agreed not
to amend this mitigation measure and condition
Planning Commission Minutes
August 12, 1997
Page 9
Mitigation Measure Nos 10 and 14 through 16 (Parking).
Commissioner Clark suggested adding language to this condition to prohibit the parking
lot from being used for the sale of vehicles
Vice Chairman Whiteneck suggested to Mr. Saporito that if someone brought in a car
for service that had a "for sale" sign on it, he should encourage the customer to place
the sign on the car seat or otherwise out -of -sight while the car was being serviced.
It was the consensus of the Commission that a condition of approval should be added
prohibiting the storage or display of vehicles exclusively for the purpose of advertising
them as "for sale"
The Commission agreed with Staffs recommendations to reword Mitigation Measures
10, 14, 15 and 16 to clarify when and where vehicles undergoing and awaiting service
may be parked on the site The Commission also agreed that employee vehicles could
be parked in any marked parking space on the site
Condition No 6 (Curb Cuts).
Commissioner Clark felt that since the Director of Public Works had determined that
removal of the abandoned curb cut on Highridge Road was necessary for public safety,
the landowner should be required to comply with this condition within a reasonable time
period
The other Commissioners agreed with Commissioner Clark's statement.
Commissioner Clark asked Staff for a recommendation on a reasonable time period for
compliance.
Director/Secretary Petru suggested that the curb cut be required to be removed within
90 days
The Commission agreed that this was a reasonable time period
Commissioner Clark moved to direct Staff to amend the mitigation measures and
conditions of approval for Conditional Use Permit No. 178 pursuant to the
Commission's discussion. The motion was seconded by Commissioner Slayden
and passed (6-0) by a roll -call vote.
Planning Commission Minutes
August 12,1997
Page 10
Director/Secretary advised the Commission that Staff would prepare the appropriate
resolution to memorialize the modifications discussed by the Commission and would
bring the resolution back on the Consent Calendar at the meeting of August 26, 1997
NEW BUSINESS
6 Potential Overlay Control Districts for the Portuguese Bend Club and
the Eastview areas of the City.
The Commission inquired about the necessary procedures for establishing an overlay
control district
Director/Secretary Petru briefly explained the procedure to develop an overlay control
district. She stated that either Staff or Commission could propose an overlay district be
established for a particular area in the City. This recommendation would then be
submitted to the Council for discussion and direction However, Staff could only
commence preparation of an overlay district after City Council authorization had been
granted
Chairman Vannorsdall suggested that the City's General Plan should be updated since
it was required to be updated every five years by state law.
Commissioner Clark suggested that Staff prepare a summary report regarding the
procedure to create an overlay control district.
Commissioner Cartwright agreed with Commissioner Clark's remarks and added that
the Commission should have a better understanding of how an overlay control district is
created before making any recommendations to the City Council Mr Cartwright
suggested forming an ad hoc subcommittee of the Planning Commission to review the
General Plan in order to identify potential modifications or policy issues, factual
inconsistencies, and updates which could then be forwarded to the City Council
The Commission directed Staff to prepare a memorandum for a future meeting
regarding the process to create an overlay district. The Commission also formed
an ad hoc subcommittee compromised of Vice Chairman Whiteneck and
Commissioners Clark and Cartwright to review the City's General Plan for
potential revisions, (6-0).
Planning Commission Minutes
August 12, 1597
Page 11
ITEMS TO BE PLACED ON FUTURE AGENDAS
Staff
7 Pre -Agenda for the Planning Commission Meeting of August 26, 1997
Director/Secretary Petru informed the Commission that the Public Hearing for Height
Variation No 750 - Revision "C" and Variance No 350 - Revision "B" (3558 Bendigo
Drive) was on the agenda for the meeting of August 26, 1997. She indicated that the
City Council had requested that the Commission hold a closed session with the City
Attorney prior to that meeting to briefly discuss the litigation and legal issues associated
with the project
The Commission agreed to conduct a Closed Session with the City Attorney at
6:00 P.M. on August 26, 1997 regarding Height Variation No. 750 - Revision "C"
and Variance No. 350 - Revision "B" (3558 Bendigo Drive).
Commission:
The Commission requested that the City Attorney provide any relevant written
information regarding Height Variation No. 750 - Revision "B" and Variance No.
350 - Revision "B" to the Commission prior to the Closed Session on August 26,
1997.
COMMENTS FROM THE AUDIENCE
Lois Larue, 3136 Barkentme Road, stated that she objected to the Commission's
approval of the parcel map that evening that would block views from the public road
She felt that it was not necessary for the Commission to review the City's General Plan
at that time, since the Long Point Master Plan would be moving forward soon
ADJOURNMENT
At 10:12 P.M. Commissioner Clark moved to adjourn the meeting, seconded by
Vice Chairman Whiteneck. There being no objection, the meeting was duly
adjourned by Chairman Vannorsdall.
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Planning Commission Minutes
August 12, 1997
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