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PC MINS 19980922APPROVED zo 1slgs CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING SEPTEMBER 22, 1998 CALL TO ORDER The meeting was called to order at 7.02 P.M. by Chairman Clark at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE Associate Planner Fox led the assembly in the Pledge of Allegiance to the flag. ROLL CALL Present Commissioners Alberio, Lyon, Paris, Slayden, Vice Chairman Cartwright, and Chairman Clark Absent Commissioner Vannorsdall (absent/excused). Also present were Director/Secretary Rojas, Principal Planner Snow, Associate Planner Fox, Assistant Planners Louie and Schonborn, and Recording Secretary Atuatasi Commissioner Alberio moved to approve the Agenda as presented. The motion was seconded by Commissioner Slayden and passed, (6-0) COMMUNICATIONS Council Policy Items Director/Secretary Rojas pointed out to the Commission that the approved City Council Minutes of September 1, 1998 were included in the packets for their update and information. Director/Secretary Rojas discussed Council action at the City Council Meeting of September 15, 1998 pertaining to the Public Hearing of Height Variation No. 859 and Site Plan Review No. 7988 - Appeal (Mr. and Mrs. Al Edgerton) and specifically the use of foliage for privacy conditions. 0 Staff Staff distributed copies of the revised Conditions of Approval for Agenda Item No. 4 (Variance No. 436). Commission Commissioner Alberio reported on his attendance at the Mayor's Monthly Breakfast and stated that discussions focused on animal (horse) violations in the Portuguese Bend area and traffic flow pertaining to the proposed car -wash project on Hawthorne Boulevard and Palos Verdes Drive South. At that meeting, Commissioner Alberio updated the Mayor and attendees on ham radio antenna issues discussed at previous Ad Hoc Committee meetings. Commissioners Slayden and Paris stated that they had received a letter regarding a Planning Commission hearing item to be considered at a future meeting. CONSENT CALENDAR 1. Minutes of August 25, 1998 2. Minutes of September 8. 1998 Commissioner Slayden moved to approve both sets of Minutes as presented. Vice Chairman Cartwright seconded the motion with Commissioner Paris abstaining, (5-0-1) with respect to the Meeting of August 25, 1998 since he was not present and Commissioner Lyon abstaining (5-0-1) with respect to the Meeting of September 8, 1998 since he was not present. CONTINUED BUSINESS 3. Height Variation No. 857, Variance No. 432, and Grading Permit No. 2010: Emmanuel & Olukemi Duro 6375 Palos Verdes Drive South Chairman Clark read the project description and Staff s recommendation for this item He asked the Commission for discussion and comments and there were none. Commissioner Alberio moved to accept Staffs recommendation to continue the Public Hearing of this item to the Meeting of October 13, 1998. The motion was seconded by Commissioner Slayden and passed. With no objections from the Commission, it was so ordered by Chairman Clark, (6-0). Planning Commission Minutes September 22,1998 Page 2 PUBLIC HEARINGS 4. Variance No. 436; George & Sharon Lusic, 1887 MacArthur Street Associate Planner Fox summarized the history of this item Mr Fox stated that the previous owner, Mr Cucuk had constructed a wall in the front -yard setback which exceeded the 42" height limitation in May 1987 and failed to legalize or correct the violations In June 1994 Mr Cucuk sold the property to the current owners, George and Sharon Lusic, without making the necessary modifications of the wall Associate Planner Fox stated that the applicant submitted a Variance application in July 1998 requesting an after -the -fact approval for the wall at the front -yard setback of their property The application was deemed complete in September 1998 Staff believed that all the findings could be warranted for granting the Variance and therefore, recommended approval of Variance No 436 Chairman Clark asked the Commission if they had questions for Staff Commissioner Alberio pointed out that the City Council had waived the penalty fees for this application, and asked if the Lusic's had contacted the previous owner regarding non -disclosure of the illegal wall at the front -yard setback. Director/Secretary Rojas replied that the Council's discussion included questions of how the property was purchased without disclosure Vice Chairman Cartwright asked if the satellite dish at the subject property was an on- going issue from the previous owner carried on to the current owner and if it was in compliance with the City's Code Principal Planner Snow replied that the satellite dish had existed under the previous ownershi and that the new owner inherited a number of problems which they are attempting to address Commissioner Paris asked if it was possible to have information regarding illegal conditions on properties recorded with the County Recorder such as, therefore, a purchaser would be made aware of any illegal conditions when property is sold at the closing of escrow with the County Recorder Principal Planner Snow replied that certain thresholds (legal actions pending or lawsuit) had to be met before the City has the ability to record such notices against an individual's property Commissioner Paris moved to open the Public Hearing. The motion was seconded by Vice Chairman Cartwright and passed. Chairman Clark asked the applicant to approach the podium to answer questions from the Commission Planning Commission Minutes September 22,1998 Page 3 Chairman Clark asked the applicant if she was in agreement with Staffs recommendation for this item, if she was aware of any disclosures at the time she purchased the property; and, if the realtor or seller conveyed this information to her Mrs. Sharon Lusic. (applicant) 1887 MacArthur Street, stated that she concurred with Staffs recommendation, was not aware of any disclosures when she purchased the property, nor did the Realtor/seller convey this information to her Commissioner Alberio informed the applicant that the realtor had a responsibility to convey disclosure information to her Mrs Lusic stated that she was under the impression that the disclosures would be noted in the title documents Vice Chairman Cartwright asked the applicant if agreed to bring the satellite dish into compliance with the City's Code Mrs Lusic replied that she did. Vice Chairman Cartwright moved to close the Public Hearing. The motion was seconded by Commissioner Lyon and passed. Chairman Clark asked the Commission for discussion and comment on this item and there was none Commissioner Alberio moved to accept Staffs recommendation to adopt P.C. Resolution No. 98-31; thereby conditionally approving Variance No. 436. The motion was seconded by Commissioner Slayden and passed (6-0) by a roll call vote. Chairman Clark noted the 15 -day appeal period. 5. Site Plan Review No. 8311, Grading Permit No. 2048, and Sign Permit No. 961; Mr. & Mrs. Shiraz Govani, 27774 S. Hawthorne Boulevard. Assistant Planner Louie presented the Staff Report and stated that the applicant submitted applications for a Site Plan Review, Grading, and Sign Permits in July 1998 The applicant requested approval to replace an existing 1,400 square foot canopy with a new 1,898 square foot (498 square foot addition) canopy, grade a total of 950 cubic yards of earth for two new underground storage tanks, and install four permanent signs on the canopy facia. The proposed height of the canopy is twenty-three feet which exceeded the maximum height limit of twelve feet by eleven feet. Staff determined that the three findings for the Site Plan Review could be made to allow the canopy to exceed the 16 foot high limitation pursuant to the requirements of the Code and that it would not significantly impair any protected view from the surrounding Planning Commission Minutes September 22,1998 Page 4 residences Ms Louie stated that Staff felt the proposed grading complied with the criteria contained in the Code and that the findings could be made to allow permanent illuminated signs on the canopy facia since it would not effect the adjacent residents Therefore, Staff recommended approval of the proposed project. Chairman Clark asked the Commission if they had questions for Staff Chairman Clark asked when the City utilizes the services of the Traffic Engineer versus the Traffic Committee to review a project. Director/Secretary Rojas replied that it largely depended on the nature of the project and whether major impacts to street traffic flow could result. Director/Secretary Rojas stated that in this case, Staff noted that the issue on this on-site circulation of traffic could be affected by the proposed project and therefore, Staff felt that this matter should be brought to the attention of the Acting Director in Public Works Acting Director Allison felt it was appropriate to have the City's Traffic Consultant (Mr Jim Biega) review and comment on the traffic issue for the proposed project. Chairman Clark questioned the removal of the existing underground fuel storage tank and was concerned about potential leakage and contamination. Assistant Planner Louie replied that the Los Angeles County Waste Management Division would oversee the removal of the underground fuel storage tanks and address any leakage and/or contamination issues Commissioner Alberio inquired about the type of proposed underground fuel storage tanks to be installed in place of the existing ones and Director/Secretary Rojas replied that the new underground fuel storage tanks would comply with the State regulations Commissioner Alberio inquired if staff was aware of the items being sold in the convenience store at the subject site and Director/Secretary Rojas clarified that although it is not considered a 'Convenience Store', that Staff conducted a site visit and determined that the non -automotive items being sold in the car wash building were not allowed to be sold without a Conditional Use Permit application according to the City's Code Director/Secretary Roajs stated that Staff was recommending approval of the proposed project be contingent upon the placement of non -automotive items in vending machines or that the applicant submit a Conditional Use Permit application to allow the non -automotive items to be sold as is, within 30 days of the project approval Planning Commission Minutes September 22,1998 Page 5 Commissioner Lyon moved to open the Public Hearing. The motion was seconded by Commissioner Paris and passed. Mr. Shiraz Govani. (applicant) 27774 Hawthorne Boulevard, stated that he had purchased the subject site a few months ago and had just established his business Mr Govani stated that his request for removal and installation of underground fuel storage tanks was to comply with Federal Regulations and asked the Commission to grant his request in that he may proceed to move on with his proposed project, and complete the tank replacement in accordance with the regulation deadlines Commissioner Alberio asked if the non -automotive items would be moved into vending machines and Mr Govani replied that he had ordered six vending machines, two which have been received and four to be delivered by the end of the week Mr. Patrick Fiedler, (architect) 2322 W. 3rd Street, Los Angeles, CA reiterated the description of the proposed underground fuel storage tanks as mentioned by his client and stated that time was of the essence since all underground storage tank owners were required to conform with Federal Regulations by a deadline date of December 22, 1998 Mr Fiedler stated that his client was in agreement with most of the conditions recommended by Staff, but had concerns regarding; 1) resituating the proposed canopy diagonally decreasing the use of the driveway at Hawthorne Boulevard and, 2) maintaining the driveway at Highridge Drive to allow entrance and exit without affecting the nearby intersection Mr Fiedler stated that the proposed canopy would be relocated closer to Hawthorne Boulevard and would contain two islands with a total of four gas pumps, two on each island The canopy had a pitched 'hip roof and was 23 feet in height. Mr. Fiedler stated that four permanent signs would be affixed to the canopy, two letter -illuminated signs placed north and south of the facia and two logo signs placed east and west of the facia Commissioner Paris was concerned about the safety of the configuration of the entrance driveways Mr Paris was concerned with the traffic flow at the two intersections and the location of the islands Commissioner Alberio was concerned with the illuminated signs on the facia in that it would place an adverse affect on the adjacent properties Mr Fiedler commented and Planning Commission Minutes September 22,1998 Page 6 stated that the two Chevron channel signs would be illuminated only during business hours and that they were covered with defused lenses in order to dim the brightness of the fluorescent light bulbs Commissioner Lyon noted that the location of the proposed canopy was approximately 30 feet away from Hawthorne Boulevard He questioned how many automobiles could stack in the 30 foot space without backing onto Hawthorne Boulevard Mr Fiedler replied that the canopy was relocated to provide speedier service for patrons entering to re -fuel their automobiles and that the new fuel pumping system dispenseed at the maximum allowed volume Mr. Fiedler stated that a maximum of eight automobiles could be accommodated at one time for re -fueling, and that the seperation the islands allowed for some flow through traffic Mr. Doug Savage* (Chevron 2 -party protect manager) 1300 S Beach Boulevard, Huntington Beach, CA stated that Chevron does not have interest in the property purchased by the applicant, but only the selling of their products However, Chevron was interested in the lay -out of the service station, and specifically the success of the business. A major concern was the City's Traffic Engineer's recommendation of possibly closing an entrance driveway at Hawthorne Boulevard Mr Savage stated that Chevron had to accommodate a semi -truck in and out of the subject site to refuel the underground storage tanks Mr. Savage stated that the lay -out of proposed canopy would be situated in association with the common traffic flow and that the height of the canopy gave a more spacious appearance Vice Chairman Cartwright asked for a response regarding the 30 -foot space automobiles to re -fuel without the possibility of them backing onto Hawthorne Boulevard Mr. Savage replied that he did not anticipate that to be a problem especially with the fuel dispensing systems that allowed the maximum of 10 gallons per minute Commissioner Alberio asked if Chevron employed a traffic analyst to look at the site, and Mr Savage replied no Commissioner Paris suggested that the applicant relocate the fuel pump, relocate the island parallel to the car wash so that there would be sufficient access for the semi - truck entering at an angle on Highridge Drive instead of Hawthorne Boulevard. Mr. Savage replied that the standard route of the semi -truck was to exit the 110 Freeway, travel on to Pacific Coast Highway, continue south on Western Avenue which turns into 25th Street, then proceed onto Palos Verdes Drive South, to the destination point on Hawthorne Boulevard Planning Commission Minutes September 22,1998 Page 7 Mr. Bill Myers. 28103 Hawthorne Boulevard, stated that the applicant's new fuel pump system would dispense approximately 150,000 gallons of fuel per month which increased the pumping capabilities by 35,000 gallons compared to the prior owner Further, Mr Myers strongly believed that the applicant's intent to provide speedier re- fueling services to the patrons would create potential traffic impacts at the intersections of Hawthorne Boulevard and Highridge Drive as automobiles are entering or existing the subject site Mr. Myers questioned why Staff had not reviewed this situation and of request the applicant to submit an application for a Conditional Use Permit Mr Myers commented on the roof pitch of the canopy and the signs to be affixed to the canopy facia Chairman Clark asked Mr Myers why he felt that the applicant should apply for a Conditional Use Permit. Mr. Myers replied that since the applicant's new fuel pump system had 50% more pumping capacity and he strongly believed that the applicant should submit a Conditional Use Permit application to the City Vice Chairman Cartwright asked Mr Myers was he required to submit a Conditional Use Permit application to the City for his increased volume of fuel dispensing Mr Myers replied that he was not, but that it was for his convenience store Chairman Clark asked Staff to comment on the issue that Mr. Myers had raised Director/Secretary Rojas replied that it is the Development Code and not Staff that determines whether or not an applicant is required to submit a Conditional Use Permit for a proposed project. Mr. Rotas stated that the Code regulates a Conditional Use Permit for new uses or major expansion of existing uses. Mr Rojas stated that the language in the code does not specifically address increased 'volume' of gas sales Staff had worked with the applicant and scrutinized the proposal that the need for a Conditional Use Permit was not triggered Staff felt that the proposal was consistent with the uses and operation allowed to legal -conforming uses in the auto overlay control district Therefore, Staff believed that a Conditional Use Permit was not required Further, Staff visited the subject property and determined that non - automotive items were being sold Staff discussed this issue with the applicant and pointed out to them that this did not comply with the City's Code and that the approval of their project was contingent upon the replacement of all non -automotive items in vending machines Commissioner Lyon was concerned about the location of the islands Mr Lyon asked Staff if it was practical for a patron to enter into the driveway off of Hawthorne Boulevard and enter the right sideof the first island He suggested that the island be rotated 30 degrees clockwise and move it nearer to the car -wash building Planning Commission Minutes September 22,1998 Page 8 Commissioner Lyon stated that there then would be sufficient space for the right-hand island, easier access for patrons entering from Hawthorne and would make it more direct to exit the property at Highridge road. Chairman Clark asked the City's Traffic Engineer, Mr. Jim Biega to approach the podium to comment on this issue Mr. Jim Biega, was concerned with the orientation of the canopy and the pump islands on Hawthorne Boulevard closest to Highridge Drive He pointed out that the visibility would be low for a patron exiting the driveway at Hawthorne Boulevard while another motorist is turning right at Highridge Drive. Mr. Biega felt that this would create a traffic conflict since the exit driveway at Highridge Drive was too close to the intersection Mr Biega also pointed that the area between the pump island and Hawthorne Boulevard might not be able to accommodate an adequate number of cars, waiting for re -fueling, to assure no stacking into Hawthourne Boulevard, as mentioned by the architect. Mr. Biega recommended that the applicant orient the canopy at an angle to restrict the traffic flow coming from Highridge Drive. Chairman Clark asked the applicant to approach the podium for rebuttal Mr Fiedler (architect) addressed the issues raised by the Commissioners such as, the space needed for re -fueling of vehicles to prevent gridlock of motorists out onto Hawthorne Boulevard. Mr Fiedler stated that he could work with the City's Traffic Consultant to increase space area at the pump island. In terms of the canopy rotation, Mr Fiedler believed that there was room to slightly shift the canopy. Mr. Fiedler did agree with the Traffic Consultant on the traffic circulation and that a one-way pattern for the car -wash be created Mr. Fiedler stated that the permanent affixed signs would not be illuminated during the night, but only during operation hours Commissioner Slayden moved to close the Public Hearing. The motion was seconded by Commissioner Lyon and passed. Chairman Clark asked for Commission discussion and comments on this item Commissioner Lyon stated that the proposed project was well planned, but suggested that the applicant reorient the pump island to reduce the potential traffic flow problems at Hawthorne Boulevard Commissioner Lyon felt that it was not practical to eliminate the driveway on Hawthorne Boulevard closest to the Highridge intersection He suggested moving the pump island Southeast toward the building and rotate it slightly so as to open the access to the right-hand pump lane, although relocation would not be required Planning Commission Minutes September 22,1898 Page 9 s Commissioner Slayden agreed with Commissioner Lyon and recommended approval for the proposed project. Commissioner Paris stated that he would like to see the first entrance driveway at Hawthorne Boulevard moved away from the intersection more because of the motorists turning right on Highridge Drive As for the exit driveway at Highridge Drive, Commissioner Paris suggested that it be moved farther up He agreed with the comments of Commissioners Lyon and Slayden, but stated that he would like the Commission to reconsider the location of the layout. Commissioner Alberio felt that there was no reason for the canopy to be so high, and, there were too many signs, believed that there were traffic issues to be addressed, and, felt that the mini -convenience store should be removed as soon as possible Commissioner Alberio felt that the proposed project should be re -designed and brought back to the Commission for reconsideration Vice Chairman Cartwright supported the proposed project and suggested that the canopy be moved further southeast. He believed that the three driveways were consistent with other stations and that the signage and the height of the canopy was acceptable and did not seem to create a view impairment. Chairman Clark agreed with his colleagues and stated that the proposed project was being modernized Although Chairman Clark had concerns with the traffic flow and signage issues and that the convenient store issue resolved, overall he felt that the proposed project was a good one Commissioner Lyon moved to approve the proposed project, that the signage not be illuminated, that the applicant work with Staff to slightly adjust the location of the pump island so as to improve the safety of the intersection from traffic using the entrance and exit driveway off of Hawthorne Boulevard and Highridge Drive; and, not requiring this item to come back to the Commission for further review. Commissioner Slayden seconded the motion. Chairman Clark felt that the existing signage should be illuminated during operation hours The maker amended his original motion thereby allowing illumination of signage. The motion passed by a roll -call vote, (5-1-1) with Commissioner Alberio dissenting. P.C. Resolution No. 98-32 was adopted; thereby approving Site Plan Review No. 8311, Grading Permit No. 2048, and Sign Permit No. 961, subject to conditions, with additional clearance by the Director as stipulated. Planning Commission Minutes September 22,1998 Page 10 Chairman Clark noted the 15 -day appeal period RECESS AND RECONVENE Chairman Clark called for a brief recess at 9 20 P.M. until the meeting reconvened at 9:30 P M 6. Variance No. 435. and Coastal Permit no. 147; Mr. & Mrs. Chung, 34 Sea Cove Drive. Assistant Planner Schonborn presented the Staff Report and stated that the applicant submitted applications for a Variance and Coastal Permits in July 1998 The request was for allowance of a 14'-8" high attached covered patio measuring 922.5 square feet for a residence that was partially within the coastal setback zone, where additions are limited to less than 250 square feet Assistant Planner Schonborn stated that the four required findings for the Variance and Coastal Permit could be made and that Staff believed there were extraordinary conditions applicable to the subject property in that it was partially within the Coastal Setback Zone Staff also believed that no view impairment would result and that approval of the Variance would not be detrimental to the property or improvements in the area Mr Schonborn stated that the proposed project was consistent with the City's General and Coastal Specific Plan, conformed with policies of the Coastal Act, and complied with the requirements of the City's Development Code. Therefore, Staff recommended approval for the proposed project Chairman Clark asked the Commission if they had questions for Staff. Commissioner Paris asked if Staff considered alternatives such as a covenant to ensure that the patio is not converted into living space and Assistant Planner Schonborn replied that Staff proposed a condition requiring review by the Planning Commision in the event that conversion of the structure to habitable space is proposed Commissioner Alberio asked if the City's Geologist was satisfied with the analysis of the subject property and Director/Secretary Rojas replied that based on a site visit, the geologist felt that a report was not warranted. Chairman Clark asked if there were any other streets in the City that had bluff -top homes and Director/Secretary Rojas replied that besides those along Seacove (old and new) Drive there were bluff top lots in the Lunada Pointe community. Planning Commission Minutes September 22,1998 Page 11 A Commissioner Lyon moved to open the Public Hearing. The motion was seconded by Commissioner Paris and passed. Mr. Kevin McMinn. (contractor) 34 Seacove Drive, stated that his client would be glad to provide Staff with a written statement indicating the use of their proposed project. Mr McMinn explained that the purpose for the roof orientation was to match the existing roof line, and stated that the owner would comply with all conditions of approval Lois Larue, 3136 Barkentine Road, asked questions regarding interior lots, setbacks, and geology report requirements for this project. Director/Secretary Rojas replied that geology review requirements had been met since the geologist had visited the subject site and determined that a report was not warranted due to the nature of the project. Commissioner Paris moved to close the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Chairman Clark asked the Commission for comments and discussion on this item, and being none, the following motion was made Commissioner Alberio moved to accept Staffs recommendation to adopt P.C. Resolution No. 98-33; thereby approving Variance No. 435 and Coastal Permit No. 147, subject to conditions. The motion was seconded by Commissioner Lyon and passed (6-0) by a roll -call vote. Chairman Clark noted the 15 -day appeal period NEW BUSINESS None. ITEMS TO BE PLACED ON FUTURE AGENDAS Staff - 7. Pre -Agenda for the Planning Commission Meeting of October 13- 1998. Planning Commission Minutes September 22,1998 Page 12 i Commission None. COMMENTS FROM AUDIENCE (regarding non -agenda items) Lois Larue discussed issues regarding the Capitol Pacific Holdings Development and unsafe road conditions at Palos Verdes Drive West. ADJOURNMENT At 10:02 P.M. Commissioner Alberio moved to adjourn the meeting to Tuesday, October 13, 1998 at 7:00 P.M. in the Community Room at Hesse Park. The motion was seconded by Commissioner Lyon. With no objections, it was so ordered by Chairman Clark. Planning Commission Minutes September 22, 1998 Page 13