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PC MINS 19981110CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING NOVEMBER 10, 1998 CALL TO ORDER APPROVED 12/22/98 The meeting was called to order at 7 07 P M by Chairman Clark at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE Commissioner Slayden led the assembly in the Pledge of Allegiance to the flag ROLL CALL Present Commissioners Alberio, Lyon, Paris, Slayden, Vannorsdall Vice Chairman Cartwright, and Chairman Clark. Absent. None. Also present were Director/Secretary Rojas, Principal Planner Snow, Assistant Planner Schonborn, and Recording Secretary Atuatasi APPROVAL OF AGENDA Commissioner Alberio moved to approve the Agenda as presented. The motion was seconded by Commissioner Lyon and passed, (7-0). COMMUNICATIONS Council Policy Items Director/Secretary Rojas updated the Commission on the City Council's actions from the meeting of November 4, 1998. Mr. Rojas conveyed that the City Council considered the appeal of Grading Permit No 1933 (Tarapaca Project). The Council was concerned with geology issues regarding the active landslide located at the switch- back area and the potential impacts to the South Shore Landslides and the subject property Additional comprehensive geotechnical analysis was conducted at the switch- back area and signs of landslide activity were discovered by the geologist therefore, City Council was concerned in approving the proposed project After much discussion, It was the consensus of the City Council to uphold the appeal of Grading Permit No 1933 denying the proposed project without prejudice Director/Secretary Rojas also updated the Commission regarding the extensive discussion among the City Council regarding the extension and expansion of a New Antenna Moratorium. Mr Rojas stated that the City Council was concerned with the timeliness of the amendments on the Draft Antenna Ordinance and determined to adopt an urgency ordinance which would expire in 45 days (December 19, 1998) The City Council directed Staff to bring this item back for further review and consideration at the Council Meeting of December 1, 1998 Director/Secretary Rojas informed the Commission that the Draft Antenna Ordinance would be agendized for the Planning Commission Meeting of December 8, 1998 Staff Staff distributed revised copies of Urgency Ordinance No 341 adopted by the Council at the November 4, 1998 meeting pertaining to Agenda Item No 3 (Site Plan Review No 8178 - Appeal) Principal Planner Snow informed the Commission that the recommendation on the Agenda for this item was denial of the appeal, but based on the Council's actions at the November 4, 1998 meeting, the recommendation for this item was modified for a continuance at the Planning Commission Meeting of December 8, 1998 Staff also distributed late correspondence from Mr & Mrs Timothy Simmons regarding privacy issues that pertained to Agenda Item No 5 (Grading Permit No 2038) Commission Vice Chairman Cartwright received a letter from the applicant at the property of 3344 Palos Verdes Drive West thanking him for conducting a site visit at his property Chairman Clark reported on the City's 25th Anniversary Gala Celebration held November 6, 1998 at the Los Verdes Country Club Chairman Clark received a letter and a model ordinance of 'California Cities Putting Children First' regarding tobacco sales and prohibitions CONSENT CALENDAR 1. Minutes of October 27, 1998 Chairman Clark asked for Commission comments on the Minutes of October 27, 1998 Commissioner Paris requested that on page 12, paragraph 4, line 3 be modified to read as, :..not seem quite so bulky. Planning Commission Minutes November 10, 1998 Page 2 • 0 Chairman Clark proceeded on to the next item on the Agenda 2. Variance No. 439 and Grading Permit No. 2063 - Resolution o Approval; Applicant: Vilma and Hector Beranek, 6790 Crest Road. Principal Planner Snow pointed out that this item was approved at the meeting of October 27, 1998, and that the P.C. Resolution was not included in the Staff Report. Mr Snow stated that the P C. Resolution was before the Commission that evening for consideration Chairman Clark asked for Commission comments on Agenda Item Nos 1 and 2 and Commissioner Vannorsdall requested that separate votes be taken for both items Commissioner Vannorsdall moved to approve the Minutes of October 27, 1998 as amended. The motion was seconded by Commissioner Alberio and passed, (7-0). Commissioner Slayden moved to adopt P.C. Resolution No. 98-38; thereby conditionally approving Variance No. 439 and Grading Permit No. 2063, (5-2) with Commissioners Alberio and Vannorsdall dissenting. CONTINUED BUSINESS 3. Site Plan Review No. 8178 - Appeal, Applicant: Harold B. Hermann, 8 La Vista Verde Drive; Appellants: Michael & Sanaa Dugan, 6503 Palos Verdes Drive East; Paul Shapiro and Susan Short, 6609 Palos Verdes Drive East; and, Frank and Marlene Grant, 9 La Vista Verde. Principal Planner Snow pointed out that the City Council adopted an urgency ordinance which effected this item and therefore, Staff modified the recommendation on this item for continuance at the December 8, 1998 meeting based on the outcome of the City Council actions at the December 1, 1998 City Council Meeting regarding the New Antenna Moratorium Chairman Clark asked if there were any speakers for this item and Staff replied that three requests to speak were submitted to the Recording Secretary Chairman Clark asked the three speakers to raise their hands if they desired to speak that evening knowing that this item was recommended for continuation at the Planning Commission Meeting of December 8, 1998 and all three speakers still desired to speak Planning Commission Minutes November 10, 1998 Page 3 Mr. Michael Dugan, (appellant) 6543 Palos Verdes Drive East asked If Staff would notify the parties involved regarding the scheduled date for the Commission's's consideration of this item and Director/Secretary Rous replied that will notify the parties involved with this item. Mr. Paul Shapiro, (appellant) 6509 Palos Verdes Drive East, stated that he would postpone his comments for this item until December 8, 1998 Mr. A B Nordhagen} 2 La Vista Verde, also stated that he too will postpone his comments until that date Mr. Harold Hermann (applicant) 8 La Vista Verde, had no comments. Chairman Clark asked for Commission discussion and comments on this item and there were none Commissioner Alberio moved to continue this item for consideration at the December 8, 1998 Planning Commission Meeting. The motion was seconded by Commissioner Lyon. Chairman Clark suggested tabling this Item until further notice Is received from the Council regarding the New Antenna Moratorium and directed Staff to bring this item back for further consideration Commissioner Slayden concurred with Chairman Clark's comments The maker amended his motion to table this item. The motion passed, (7-0) and with no objections it was so ordered by Chairman Clark. PUBLIC HEARINGS 4. Height Variation No. 866 and Grading Permit No. 2053: 30052 Avenida Classica. Applicant: Raju Chabria. Assistant Planner Schonborn presented the Staff Report and stated that the applicant submitted Height Variation and Grading applications to the City on August 11, 1998 for the construction of a new two-story 6,576 square foot single family residence with an attached 726 square foot three -car garage at 17 feet above the existing grade and 26 feet above the finished grade. The proposal included associated grading of 750 cubic yards. Planning Commission Minutes November 10, 1998 Page 4 Associate Planner Schonborn informed the Commission that Staff received two letters from concerned residents regarding view impairment, privacy, compatibility and structure size. Mr. Schonborn believed that the issues were sufficiently addressed within the body of the Staff Report. Staff determined that the findings for the Height Variation and the Grading Permit could be made. The proposed project would not significantly impair any views, the structure of the home was compatible with the other neighboring homes, and, did not infringe upon the privacy for the adjacent properties Therefore, Staff recommended approval of Height Variation No 866 and Grading Permit No. 2053. Chairman Clark asked if the Commission had questions for Staff. Commissioner Slayden asked if the existing excavation for the lower level was approximately the same as the level of the garage Assistant Planner Schonborn replied that the garage would be slightly higher Commissioner Paris asked if the hardscape coverage of 40% as indicated on the blueprints was confirmed Assistant Planner Schonborn replied that this information had been verified with the applicant. Commissioner Vannorsdall believed that the Council recently approved a 50% lot coverage for swimming pools in the Development Code and Assistant Schonborn replied that this had not been passed by the Council at this time Director/Secretary Rojas stated that the City Council discussed how lot coverage was calculated and directed Staff to bring this issue back as a greater miscellaneous code amendment package for further review and discussion. Commissioner Alberio stated that the adjacent property owner did not receive notification of the proposed project and Assistant Planner Schonborn replied that notices were mailed to residents within a 500 -foot radius. Chairman Clark asked if there were any speakers for this item and Staff replied four requests to speak were submitted Commissioner Vannorsdall moved to open the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Mr. Louie Tomaro (architect) 1001 6th Street, #100, San Pedro, CA, stated that the subject site was one of the largest in the neighborhood Mr Tomaro took into consideration the concerns of the neighbors while designing the proposed project. He Planning Commission Minutes November 10, 1998 Page 5 stated that he moved the proposed structure further back to approximately 53 feet from the property line in order to open the view for the neighbor at the northern property. Mr. Tomaro stated that the proposed structure was moved slightly in a northerly direction to provide privacy for the resident south of the subject site In regards to the kitchen window, Mr Tomara did not make modifications to the window in the kitchen since he felt was quite low and believed that the 6 -foot high fence along the property line would impair the view Mr. Tomaro stated that he lowered the proposed project into grade at the back corner of the building Mr. Tomaro stated that proposed project was larger than the surrounding homes and conveyed that the size of the newer homes on Crest Road were similar to the proposed or even larger Mr Tomaro stated his belief that the concerns of the neighbors had been mitigated Mr Gene Carver, 30032 Avenida Esplendida, stated that the proposed project had no impact on him personally, but felt that the design was incompatible with the neighborhood. Mr. Carver believed that the developed lot should be compatible with the surrounding area and stated that the proposal as presently designed would seem unpleasant Ms. Mary Alice Fosse, 30039 Avenida Classica stated that she did not receive any notification regarding the proposed project She was concerned with the bulk and mass of the proposed structure and felt that it would affect the Monte Verde Homeowners Ms Fosse stated that the homes in the City have drastically changed over the years. Assistant Planner Schonborn stated notification was mailed to the Monte Verde Homeowners Association which was returned back to the City Ms Fosse informed the Staff that the president (Mr. Al Barr) of the homeowners association resided at Crest Road Director/Secretary Rojas stated that Staff relied on the homeowners association for updated information Mr. Dean Pham, 30040 Avenida Classica, stated that he was the owner of the property to the north of the proposed project. Mr. Pham was concerned with privacy and view issues at his residence. He stated that the view from his kitchen would be impaired and that the proposed residence would infringe upon the privacy of his property. Mr Pham stated that the proposed structure was twice the size of his home and that the value of his home would decrease He purchased his home for the view and asked the Commission to reconsider the applicant's request Planning Commission Minutes November 10, 1998 Page 6 i 0 Commissioner Slayden asked if he was aware that anyone could build a 16 -foot home next to his property at the time he purchased his home and Mr. Pham replied that he was not informed of this Vice Chairman Cartwright asked what his concerns were and Mr. Pham replied that his view would be impaired due to the size of the proposed structure Vice Chairman Cartwright asked Mr Pham what would be the solution to mitigate his concerns for the proposed structure and Mr Pham suggested that the applicant modify his plan so that his view would not be significantly be impaired Mr. Raju Chabna. (applicant) stated that he informed the neighbors of his intentions for his proposal He believed in working with the neighbors and making his home compatible with the surrounding neighborhood Mr. Chambria stated that he would like to build a well designed home and see the value of the surrounding area increase. Vice Chairman Cartwright moved to close the Public Hearing. The motion was seconded by Commissioner Paris and passed. Chairman Clark asked for Commission comments and discussion on this item Commissioner Lyon stated the proposed structure was larger than the other homes in the surrounding area. He felt that the lot coverage corresponded with the square footage of the proposed structure and stated that although the size of the proposed structure seemed to be very large it does not appear to be as massive since it is tucked into the hill Commissioner Lyon felt that the design was reasonable and supported the proposed project Commissioner Alberio stated concerns regarding impacts to the adjacent resident (northerly property) such as, the view impairment and large setback on the southside with minimum setbacks on the northern side and the mass and size of the proposed project Vice Chairman Cartwright was comfortable with the design of the proposed project He did not believe that sending the project back for redesign would mitigate the issues of the proposed project. Vice Chairman Cartwright believed that the applicant had pushed the proposed structure back from the street which could be argued as incompatible with the surrounding neighborhood Vice Chairman Cartwright was concerned with the setback requirement and agreed with the applicant's statement in regards to the larger size of newer homes in the community and specifically the homes at Crest Road. He felt that a 7,000 square foot home was not unique Vice Chairman Cartwright stated the fact that the majority of the floor space of the proposed structure was pushed back Planning Commission Minutes November 10, 1998 Page 7 0 • into the hill so that it is not visible from the street and believed that this mitigated the concern of bulk. Vice Chairman Cartwright felt that the size of the structure should be considered as a factor only, and that if all other criteria were met, size alone should not drive a redesign. Commissioner Slayden concurred with the comments of Vice Chairman Cartwright. Commissioner Paris echoed the comments of Commissioner Alberio and added that the proposed structure was needlessly massive He disagreed with the fact that by moving the proposed structure further back it would seem less massive and believed that the courtyard design contributed to the mass Commissioner Paris felt that the proposed project was incompatible with the surrounding homes in the area. Commissioner Vannorsdall concurred with Commissioners Alberio and Paris Chairman Clark sympathized with the concerns of Mr Pham in regards to the air and light blocked if the proposed were approved and felt that by moving the proposed structure further from the property line would mitigate this issue Chairman Clark was comfortable with the proposed design and stated that the size was an interesting issue, and that it would add value to the neighborhood Commissioner Alberio moved to support Alternative No. 1 in the Staff Report to identify any issues of concern with the proposed project, and provide the applicant with direction in modifying the project, and continue the public hearing to a date certain. The motion was seconded by Commissioner Vannorsdall. Discussion of the motion included concerns that a 'by right' structure would have similar impacts on the adjacent property owner, and that structure size should be only one factor An acceptable size of 5,500 square feet was recommended by Commissioner Vannorsdall The applicant's architect, Mr Tomaro requested to speak once again Commissioner Alberio moved to re -open the Public Hearing. The motion was seconded by Commissioner Vannorsdall and passed. Mr Tomaro stated that if the Commission could render a decision that evening he and client would be willing to downsize the proposed project too 5500 square feet and include an additional 5-1/2 foot movement of the proposed structure to give a 10 foot setback on the northern side Planning Commission Minutes November 10, 1998 Page 8 Commissioner Vannorsdall moved to close the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Commissioner Alberio amended his motion to include continuance to a date certain with direction to the architect to revise the project including downsizing the proposed project to 5500 square feet, include a 10 foot setback at the north side, and revision of the swimming pool. Commissioner Paris suggested including in the amended motion to review the front articulation of the structure for bulk at the front and the hardscape. Commissioner Alberio amended his motion to also include review of the redesigning of the proposed structure for bulk and hardscape. Mr. Pham requested to speak once again in that he may compromise with the applicant before the Commission's decision is final Commissioner Alberio moved to re -open the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Mr. Pham requested that the applicant add an additional 5 feet to the proposed 10 foot setback as stated by the applicant Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Vannorsdall and passed. The final motion was amended and read as follows: To table the project to allow the applicant to work with Staff to redesign the project to include a 10 foot minimum setback on the northside, and a structure size of apprximately 5,500 square feet. The motion was seconded by Commissioner Vannorsdall and passed, (5-2) by a roll -call vote, with Commissioner Slayden and Vice Chairman Cartwright dissenting. Principal Planner Snow informed the Commission of the extension of the deadline action date for the applicant's proposed project and that Staff preferred 90 day extension since this item was continued at another date and not as it appeared on the Staff Report Chairman Clark asked the applicant/architect to approach the podium and asked him if the 90 day extension was agreeable and Mr Tomaro replied that this was fine with him and his client. Planning Commission Minutes November 10, 1998 Page 9 RECESS AND RECONVENE Chairman Clark called for a brief recess at 9.30 p.m. until the meeting reconvened at 950pm. 5. Grading Permit No. 2038; 6933 Alta Vista Drive (Tract 32673, Lot 41). Applicant: Sid Khajavi representing property owner Jason Samani. Assistant Planner Schonborn briefly explained the Staff Report and stated that applicant requested allowance of 1,280 cubic yards of grading on a vacant up sloping lot to facilitate the construction of a new split level 7951 square foot single family residence with an attached three -car garage Staff had determined that all the findings for the Grading Permit could be made, the grading was not excessive to accommodate the single-family residential structure, and, complied with all grading standards Furthermore, Staff determined that the proposed project met the requirements of the Development Code and therefore, recommended approval of Grading Permit No. 2038 Chairman Clark asked the Commission if they had questions for Staff Commissioner Vannorsdall asked if a silhouette was required and Assistant Schonborn replied that a silhouette is required when an applicant submits an application to the City for a Height Variation, and as a grading application no silhouette was required for this proposal Vice Chairman Cartwright asked the differences in RS2 and RS3 zones and Assistant Planner Schonborn replied that the lot size, setback requirements, and open space requirements differed between the zones. Vice Chairman Cartwright pointed out in Agenda Item No. 4 (Height Variation No 866 and Grading Permit No. 2053) that the maximum structure size calculation allowed, theoretically, an 11,466 square foot structure and that the proposed project was limited to 8,000 square feet Vice Chairman Cartwright asked if both projects were part of a planned development. Assistant Planner Schonborn replied that the application for Height Variation No 866 and Grading Permit No. 2053 was created in 1963 under the authority of the County of Los Angeles and therefore was subject to the maximum structure size calculation, whereas the lot for this project was approved under the City's zoning standards Planning Commission Minutes November 10, 1998 Page 10 Commissioner Alberio suggested that the applicant erect a silhouette at the subject property so that the Commission could compare this with other homes in the neighborhood Commissioner Vannorsdall concurred and felt that the grading was excessive and that the neighbors should be informed of size of the proposed structure to be constructed at the subject property Commissioner Vannorsdall moved to open the Public Hearing. The motion was seconded by Commission Paris and passed. Mr. Sid Khalavis (architect) 4040 Palos Verdes Drive North, reiterated his applicant's request as explained by Assistant Planner Schonborn and stated that he was present to answer questions for the Commission Commissioner Alberio stated that he discussed the proposed home with some of the neighbors in the community who had no concern except, one neighbor who stated that he was unaware of the proposed project and had not received notification from the City Assistant Planner Schonborn replied that notices were mailed to property owners within a 500 -foot radius from the subject property and that he would check the mailing list since he did not have this information available at that meeting Chairman Clark asked the architect if he would be willing to erect a silhouette at the subject property and Mr Khajavi replied that it was fine with him, but that he would need to confirm that with his client (Mr Jason Samani) Commissioner Paris asked if the intent of the proposed project was to be the largest home in the neighborhood. Mr Khajavi replied that he and his client worked with Staff to satisfy requirements and comply with the City's Code, pointing out that the structure complied with the maximum structure size requirements of the code Mr. Jason Samani. (applicant) 22 Pear Tree Lane, Rolling Hills Estates, CA, stated that he visited and discussed with 40 neighbors of his proposed plans Mr Samani obtained signatures from the neighbors who had seen his proposed plans or were aware of his proposal for construction at the subject property Mr Samani stated out of the 40 neighbors he visited approximately 15 of them wanted to review his architectural plans Planning Commission Minutes November 10, 1998 Page 11 9 Mr. Khajavi stated that he and his client would be willing to work with Staff on other alternative is necessary Vice Chairman Cartwright believed that it was not fair for the applicant to erect a silhouette since the said application submitted was a grading application which did not require a silhouette at the subject property Commissioner Lyon stated that he supproted the prooject as the proposed. Commissioner Vannorsdall moved to close the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Chairman Clark asked for Commission comments and discussion on this item and there were none. Commissioner Slayden moved to approve Staffs recommendation and adopt P.C. Resolution No. 98-39; thereby approving Grading Permit No. 2038, subject to conditions. The motion was seconded by Commissioner Lyon and passed by a roll -call vote (4-3) with Commissioners Alberio, Paris, and Vannorsdall dissenting. Chairman Clark noted the 15 -day appeal period NEW BUSINESS ITEMS TO BE PLACED ON FUTURE AGENDAS Staff Commission. Chairman Clark asked the Commissioners if they were available for the next regular Planning Commission Meeting of November 24, 1998. Commissioners Lyon and Slayden, Vice Chairman Cartwright, and Chairman Clark individually replied that they were not available to meet on that date. Planning Commission Minutes November 10, 1998 Page 12 It was the consensus of the Commission to cancel the Planning Commission Meeting of November 24, 1998 due to a lack of a quorum. The Commission and Staff discussed items for the upcoming Planning Commission Meeting of December 8, 1998 which consisted of. ♦ Conditional Use Permit No 182 - Revision 'A', ♦ Height Variation No. 858 and Site Plan Review No 8243; ♦ Height Variation No. 856; ♦ Review of Development Agreement for Tract No. 46628, and, ♦ Code Amendment No 42 (Antenna Ordinance) Vice Chairman Cartwright requested Commission discussion of other topics such as; neighborhood compatibility (old code verses new code), notification process, maximum structure size, and the next joint -workshop with the City Council Chairman Clark directed Staff to schedule a meeting date for the Commission to discuss these topics COMMENTS FROM AUDIENCE (regarding non -agenda items) Lois Larue distributed an article from the Los Angeles Times entitled 'Ecotopia Comes South' dated November 8, 1998 to the Commission and then discussed the City Council's actions from the November 4, 1998 meeting regarding the Tarapaca Project. ADJOURNMENT At 10:57 P.M. Commissioner Paris moved to adjourn the meeting to Tuesday, December 8, 1998 in the Community Room at Hesse Park. The motion was seconded by Commissioner Alberio and passed, (7-0). Planning Commission Minutes November 10, 11998 Page 13