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PC MINS 19980127CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING JANUARY 27, 1998 CALL TO ORDER Approved 2/10/98 The meeting was called to order at 7,05 P M by Chairman Clark at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE The Pledge of Allegiance was led by Commissioner Lyon ROLL CALL Present Commissioners Albeno, Cartwright, Lyon, Slayden, and Chairman Clark Absent Commissioner Vannorsdall (excused) Also present were Acting Director/Secretary Rojas, Senior Planner Snow, Associate Planner Pfost, Assistant Planner Louie, Deputy City Clerk Ferdman, and Recording Secretary Peterson At this time, Chairman Clark introduced and welcomed Frank Lyon as the newest member of the Planning Commission After the introduction the members of the Commission present were sworn in by Deputy City Clerk Ferdman. SELECTION OF PLANNING COMMISSION VICE CHAIRMAN Chairman Clark announced that he received notification of Vice Chairman Whiteneck's resignation that evening and stated that Mr Whiteneck forwarded his resignation letter with an effective date of January 23, 1998 to the City Manager and the Mayor and Council members Chairman Clark asked the Commission if they wished to proceed with the routine procedure for the selection of the Vice Chairman that evening since there was a quorum or postpone this selection until all Commissioners were present The Commission chose to postpone the selection of the Planning Commission Vice Chairman until all Commissioners were present to participate in the process Chairman Clark informed the Commission that he would not be present at the meeting of February 10, 1998 He stated that he would consider appointing an Interim Chairman to conduct that meeting and requested that the Commission proceed with the selection of a Planning Commission Vice Chairman at the February 24, 1998 meeting APPROVAL OF AGENDA Commissioner Alberio moved to approve the agenda as presented. The motion was seconded by Vice Commissioner Slayden and passed, (5-0). COMMUNICATIONS Staff Acting Director/Secretary Rojas congratulated the Commissioners on their reappointments as well as Commissioner Lyon on his new appointment to the Planning Commission. Mr. Rojas reiterated the resignation of Vice Chairman Whiteneck; introduced the substitute minute taker for that evening, Recording Secretary Peterson; and, presented information regarding the Planners Institute Conference held March 5, 6, & 7, 1998 in Long Beach. Commission - Commissioner Clark inquired about how the Council fill the vacancy in the Commission. Acting Director/Secretary Rojas replied that the City Council would consider appointment of a new Commissioner at their February 17, 1998 meeting. Commissioner Alberto briefly discussed the 'Planners Institute Conference'; and a view restoration session planned for the conference; and reported on his attendance at the Mayor's Breakfast on January 23, 1998 CONSENT CALENDAR 1. Minutes of October 28 1997 Commissioner Cartwright requested that on page 4, paragraph 6, line 8 be modified to read as, ' that the applicant consider modifying the structure .' Planning Commission Minutes January 27,1998 Page 2 2. Minutes of January 13, 1998 Commissioner Slayden moved to approve the Minutes of October 28, 1997 as amended and the Minutes of January 13, 1998 as presented. The motion was seconded by Commissioner Cartwright and passed (4-0-1), with Commissioner Lyon abstaining since he was not present at the meetings of October 28, 1997 and January 13, 1998. CONTINUED BUSINESS 'Z PUBLIC HEARINGS 3. Conditional Use Permit No. 200, Coastal Permit No. 143, and Grading Permit No. 1993 City of Rancho Palos Verdes, Pointe Vicente Interpretive Center, 31501 Palos Verdes Drive West. Associate Planner Pfost stated that after mailing the public notices for this item, the need for additional information and analysis regarding geological issues was identified Mr Pfost estimated it would take approximately thirty days to obtain the additional information and therefore, recommended continuance of the Public Hearing of this item to the Meeting of March 10, 1998. Chairman Clark asked the Commissioners if they had questions or comments regarding this item The Commission had no comments Chairman Clark accepted testimony from the public Lois Larue. 3136 Barkentine Road, stated that the City has beautiful coastal land and that she strongly opposed the new design of Interpretive Center. Chairman Clark asked the Commissioners for a motion regarding this item Commissioner Cartwright moved to continue the Public Hearing of this item to the meeting of March 10, 1998. The motion was seconded by Commissioner Lyon and passed, (5-0). 4. Height Variation No 849 and Minor Exception Permit No 522: Mr. & Mrs. Jen Shayang Wu, 6448 Le Blanc Place. Planning Commission Minutes .January 27,1998 Page 3 Assistant Planner Louie presented the Staff Report and stated that the applicant submitted an application to the City for a Height Variation requesting authorization to construct a second story addition of 471 square feet above the existing 680 square foot three -car garage and approve a 20% reduction in the front yard setback (from 20'0" to 164"). Ms. Lowe indicated that the proposed height from the lowest existing grade was twenty-one feet three inches The application for the Height Variation was deemed complete in December 1997, and required Commission consideration since the proposed protect covered more than 60% of the existing garage footprint. Based on the analysis as indicated in the Staff Report, Staff determined that the nine findings for granting a Height Variation could be made to allow the second -story addition to exceed the sixteen foot height limit Assistant Planner Louie stated that the proposed project would not significantly impair any protected view in the surrounding area or impair the privacy of the adjacent properties, and that the structure was compatible with the neighborhood. Therefore Staff recommended approval of the Height Variation and the Minor Exception Permit, subject to conditions. Chairman Clark asked if there were any speakers for this item and Recording Secretary Peterson replied that there was only one speaker Commissioner Slayden moved to open the Public Hearing. The motion was seconded by Commissioner Alberto and passed. Mr George Shaw. (applicant's architect) 23727 Hawthorne Boulevard #5, Torrance, CA, stated that he read the Staff Report and concurred with Staffs recommendation for the proposed project and was present that evening to answer questions for the Commission Chairman Clark asked the Commissioners if they had any inquiries for the architect The Commissioners had no questions Commissioner Slayden moved to close the Public Hearing, seconded by Commissioner Lyon. With no objection, the Public Hearing was declared closed by the Chairman. Chairman Clark asked the Commissioners for any discussion of this item The Commisison had no comments Commissioner Slayden moved to accept Staffs recommendation to adopt P.C. Resolution No. 98-2, thereby approving Height Variation No. 849 and Minor Planning Commission Minutes January 27,1998 Page 4 Exception Permit No. 523 as presented. The motion was seconded by Commissioner Lyon and passed, (5-0) by a unanimous roll -call vote. Chairman Clark noted the 15 -day appeal period. 5. General Plan Amendment No. 24, Zone Change No. 26, Lot Line Adjustment No. 60, and Environmental Assessment No. 696: Mr. Pritam Matharu, 5325 Ironwood Street and 5303 Bayridge Road. Associate Planner Pfost presented the Staff Report for the General Plan Amendment and related cases. As background information Mr Pfost discussed the March 4, 1997 Council Meeting at which a General Plan Initiation request was considered, and approved under certain conditions Mr Pfost stated that the applicant then submitted applications for a proposed General Plan Amendment, Zone Change, Lot Line Adjustment, and Environmental Assessment in July 1997 and stated that the application was deemed complete on December 9, 1997 The applicant requested a change in the General Plan Land Use designation and zoning designation on a 2 87 acre portion of an existing 7.87 acre vacant lot, and also requested for a Lot Line Adjustment to move an existing lot line currently located between the existing 7 87 acre vacant lot and a .49 acre developed lot. Associate Planner Pfost stated that potential issues remain with respect to the future use of both properties, but that the type of development on either parcel could be limited to ensure that no future impacts to the surrounding neighborhood or the natural resources in the canyon occur Staff recommended that the Commission adopt Resolutions recommending Council adoption of a Mitigated Negative Declaration, and approval of the General Plan Amendment, Zone Change, and Lot Line Adjustment Chairman Clark asked if there were any speakers for this item and Recording Secretary Peterson replied that there were two Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Commissioner Lyon and passed. Mr. Pritam Matharuy (applicant) 5303 Bayridge Road, commended Staff for presenting a very comprehensive Staff Report before the Commission and then stated that he would be glad to answer questions for the Commission. Chairman Clark asked the Commissioners if they had any inquires for the applicant Chairman Clark asked the applicant to state his reasons requesting for the proposed change in the lots and his future intentions for the properties. Planning Commission Minutes January 27,1998 Page 5 Mr Matharu replied that he owned both properties and planned to expand the ancillary recreational use, such as a pool, of his primary residence and sell or possibly build on the other lot Chairman Clark asked the applicant if he intended to build a second dwelling at his primary residence and Mr Matharu replied not at this time. Mr. Rollin Sturgeeor S 5454 Bayridge Road, stated that he has resided in the City for forty years He stated that if the applicant considered adding to his existing residence, it would result in massive bulkiness in front of the home as seen from the street. Mr Sturgeon requested that the City Attorney approve the deed restriction proposed in the conditions of approval that would preclude an addition made to the existing structure and the construction of a new home on the lot abutting Bayridge Road Mr. Sturgeon stated his objection to construction of any second unit on the property, and requested a condition requiring a further deed restriction to preclude second units. Mr Sturgeon objected to the proposed project unless these conditions were met Chairman Clark asked the Commissioners if they had any inquiries for the appellant and clarified to Mr. Sturgeon that the Commission had the authority to require a deed restriction and not the City Attorney. Commissioner Alberio asked the appellant if he lived adjacent to the applicant's residence and Mr Sturgeon replied that he lived up the street Mr Alberio reiterated that fact that the issue concerned at hand was the subdivision of the applicant's lot and not the construction of new home and told Mr. Sturgeon that they would have an opportunity to raise the issue of any proposed home at the appropriate time At this time, Mr. Matharu (applicant) approached the podium for rebuttal and stated that he does not intend to construct additional buildings on the property abutting Bayridge Road in the future Commissioner Cartwright moved to close the Public Hearing, seconded by Commissioner Lyon. With no objection, the Public Hearing was declared closed by the Chairman. Commissioner Slayden informed the Chairman that a member of the audience raised his hand to speak Commissioner Alberio moved to re -open the Public Hearing, with no objection from the Commission, the Public Hearing was re -opened. Planning Commission Minutes January 27,1998 Page 6 Chairman Clark asked if a speaker slip was submitted by the requesting speaker and Recording Secretary Peterson replied, "no". Chairman Clark stated to the requesting speaker that the normal procedure to give testimony at a Public Hearing would be to complete a speaker request and submit it to the Recording Secretary before discussion of the item But, in this case he would make an exception and waive the completion of the speaker slip by the requestor. Mr. John Zombro (did not state the address number of his residence, only the street name) Silver Spur Road, stated that his comment did not relate to the property line adjustment of the applicant, but stated that he would object tearing down his fence that is on a portion of the subject property should the applicant decide to develop on the northerly proposed parcel. Mr. Zombro then displayed an aerial photograph to the Commission of the canyon including the subject site. Commissioner Slayden moved to re -close the Public Hearing, seconded by Commissioner Alberto and passed. Chairman Clark requested Commission discussion of this item Commissioner Cartwright felt that the issues raised regarding potential development of the subject site were covered by the overlay district and the proposed deed restriction on further subdivision of the lots He believed that by approving the proposed project it would not expose to the community an additional subdivision or development at the subject site He also felt that the proposed project would not impact the surrounding area or the natural resources and therefore, supported Staff s recommendation Commissioners Slayden and Alberio had no comments Commissioner Lyon asked Staff to clarify one of the conditions of the draft resolution since he observed that it included the deed restriction which prohibited additional development at the subject site Associate Planner Pfost confirmed that this condition was included in the draft resolution, and that the restriction would not cover second dwelling units which are permitted by the Development Code provided certain standard are met Chairman Clark added that the proposed conditions drafted by the Staff would not allow for further subdivision of the lots created however, it would not prohibit the potentiality of second dwelling. Commissioner Cartwright moved to accept Staff recommendations to adopt P.G. Resolution Nos. 98-3 and 98-4, thereby recommending City Council to adopt the Planning Commission Minutes January 27, 1998 Page 7 related Negative Declaration and to approve the requested General Plan Amendment and Zone Change. The motion was seconded by Commissioner Alberto and passed, (5-0) by a unanimous roll -call vote. Chairman Clark noted the 15 -day appeal period. 6. Variance No. 430, Minor Exception Permit No. 524, and Lot Line Adjustment No. 59; Ronald & Teresa Scanlon, 31 Headland Drive. Senior Planner Snow presented the Staff Report as Associate Planner was not in attendance Mr. Snow stated that the item was complicated and involved a long history of construction that did not conform with the setbacks, and that the proposed was an attempt to rectify this situation with the three involved parties. Mr Snow stated that the residence at 31 Headland Drive was zoned as RS -2, was built in 1951, and had been remodeled several times by various owners He mentioned that the portions of the residence and garage currently crossed the northerly property line and encroached upon the adjacent property at 35 Headland Drive He also stated that on the southern side of the property (31 Headland) a pool and retaining wall were constructed which encroach onto the property of 25 Headland Drive. Senior Planner Snow stated that the applicant submitted an application for a Minor Exception Permit and a Lot Line Adjustment and requested for a 20% reduction in the side -yard setback However, after compromising with the neighboring property owners it was apparent that the lot lines would not shift far enough to qualify for the Minor Exception Permit for the house encroachment Therefore, the applicant had to submit a Variance application was required as well. He stated that the new setbacks would be 1 5 feet for the home, a 4 foot setback for the garage (required is 5 feet for both) ,and the pool would be 10 feet from the side property line (required is 3 feet) Senior Planner Snow stated that the Variance addressed the house encroachment, the Minor Exception Permit addressed the garage encroachment, and the Lot Line Adjustment would shift the property lines to make all of the above consistent. Chairman Clark asked how many speakers there were for this item and Recording Secretary Peterson replied that there were two Commissioner Cartwright moved to open the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Mr. Gary Wynn (applicant's engineer) 27525 Valley Center Road, Valley Center, CA, stated that the applicant originally submitted a Lot Line Adjustment to the City After some preliminary discussion with the neighbors the applicant also submitted a Minor Exception Permit after which further negotiations were conducted with the neighbors and it became apparent that the applicant must submit an application for a Variance Planning Commission Minutes January 27,1998 Page 8 Mr Wynn briefly discussed the history and background of the project and stated that the applicant and he agreed with the recommendations given by staff and looked forward to resolving the problems. Chairman Clark inquired as to period of time that the applicant resided at 31 Headland Drive and Mr. Wynn (applicant's engineer) replied approximately four years Chairman Clark asked the Commissioners if they had inquiries for the engineer Ms. Mary Lou Sweeda. 35 Headland Drive, stated that she sold some of her land to the applicant allowing the four foot space for the garage area and leaving one and a half feet between the home at 31 Headland Drive and her property line Ms Sweeda stated that the applicant requested to purchase more land in order to address the setback issue of their (Scanlon's) home. However she stated that she had sold as much as she could, and if she had done so, she would be loosing 8 feet of land Ms Sweeda concurred with the proposed one and half foot setback, but was concerned with the over -hang (roof -line) of the home since it could encroach onto her property Chairman Clark asked the Commissioners if they had any inquiries for Ms Sweeda Commissioner Albeno asked Ms Sweeda how long she has resided at her residence Ms Sweeda replied since 1960 and then stated the fact that the property at 31 Headland Drive had gone through many additions through the years Commissioner Cartwright asked Ms Sweeda if she remembered the date that the home at 31 Headland Drive was enlarged and if she was present at that time Ms Sweeda replied about a year and a half ago when extensive remodeling was being done to the home that she was there when the roof was constructed, but claimed that she was not aware of the property line issue at that time. Mr Larry Moore* (applicant's real estate agent) reiterated comments by Mr Wynn and stated that he has been handling real estate matters for the Scanlon's for some time. He also stated that in addition to the applicant's current lot line problems, he is also involved with various personal problems which precluded his attendance at the meeting Commissioner Alberio moved to close the Public Hearing, seconded by Commissioner Cartwright. With no objection, the Public Hearing was declared closed by the Chairman. Planning Commission Minutes January 27,1998 Page 9 Chairman Clark asked for Commission discussion of this item Commissioner Slayden inquired as to the five pine trees at the subject site and if there were any view impacts observed that should be addressed by the Commission Senior Planner Snow replied that the applications submitted did not propose habitable space and therefore, did not trigger the View Restoration requirement for foliage removal Commissioner Alberio expressed concerns regarding access to the rear yard between the house at 312 Headland Drive and the proposed property line and suggested a requirement to provide additional space for sufficient access to the rear yard The concern was based on emergency response and safety considerations Commissioner Cartwright felt that the applicant was not required to provide sufficient access space on both sides of the property and believed that this was not an issue of significant concerned Commissioners Lyon and Slayden concurred with Commissioner Cartwright's comments and felt that the access space was not a practical problem Chairman Clark expressed willingness to entertain a motion Commissioner Slayden moved to accept Staffs recommendation to adopt P.C. Resolution No. 98-5, thereby conditionally approving Variance No. 430, Minor Exception Permit No. 524, and Lot Line Adjustment No. 59. The motion was seconded by Commissioner Cartwright and passed by a roll -call vote, (4-1) with Commissioner Alberio dissenting. Chairman Clark noted the 15 -day appeal period RECESS AND RECONVENE At 9.00 P M there was a brief recess until 910 P M. when the meeting reconvened. NEW BUSINESS 7. Major Project Update Senior Planner Snow stated that at the request of the Commission Staff had prepared a report regarding major project updates for 1998 He indicated that the Staff Report explained the background and status regarding the Long Point Specific Plan Project, Planning Commission Minutes January 27,1998 Page 10 Point View Project (residential subdivision in the moratorium area), Marriott Care Life Facility, a residential subdivision located adjacent the property of the Marriott Care Facility, Development Code updates (clean-up amendments for the code recently adopted), status of the Ocean Trails Project (construction), and, Subregion 1 (grading permit received) ITEMS TO BE PLACED ON FUTURE AGENDAS Staff 8. Pre -agenda for the Planning Commission meeting of February 10, 1998. COMMENTS FROM AUDIENCE (regarding non -agenda items Lois Larue discussed the potential Planning Commission actions, expressed disagreement with the past Commission actions, and inquired about the process for requesting speaker time beyond the standard 3 minutes. Chairman Clark stated that speakers must adhere to common decorum, and that failure to do so could result in a request to be removed from the proceedings. ADJOURNMENT At 9:29 P.M. Commissioner Cartwright moved to adjourn the meeting, seconded by Commissioner Lyon. There being no objection, the meeting was duly adjourned by Chairman Clark. N 1GROUPPLANNINGVCMINWIN01-27 98 Planning Commission Minutes January 27,1998 Page 11