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PC MINS 19990413• CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING APRIL 13, 1999 CALL TO ORDER APPROVED APR 27, 1999 The meeting was called to order at 7:00 P.M. by Chairman Cartwright at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE Commissioner Vannorsdall led the assembly in the Pledge of Allegiance to the flag. Present. Commissioners Alberio, Clark, Paris, Slayden, Vannorsdall, Vice Chairman Lyon, and Chairman Cartwright Absent- None Also present were Director/Secretary Rotas, Associate Planner Mihrarnan, Assistant Planners Louie and Schonborn, and Recording Secretary Atuatasi APPROVAL OF AGENDA Commissioner Vannorsdall moved to approve the agenda as presented, seconded by Vice Chairman Lyon and was so ordered by Chairman Cartwright, (7-0). COMMUNICATIONS Council Policy Items Director/Secretary Rojas summarized items of note from the Council meeting of March 16, 1999 The discussions focused on the adoption of Ordinance No. 345 which would go into effect on April 16, 1999, selection of the names for the two parks at the Ocean Trails site (Vista Catalina and Sunset Point Parks), and, the Affordable Housing Impact Fee which was continued for further discussion at the Council Meeting of May 4, 1999. Director/Secretary Rojas informed the Commission that the City Council's discussions at the April 6, 1999 meeting included proposed modifications for a • wall at the Ocean Trails project located at Palos Verdes Drive South and Forrestal Drive. Staff Staff distributed two items of late correspondence, one regarding Agenda Item No 2 (Conditional Use Permit No 174 — Extension) and one regarding Agenda Item No 4 (Variance No 438, Grading Permit No. 20980, Site Plan Review No 8357, and Encroachment Permit No 30) Commission Chairman Cartwright discussed the information received from the City Attorney's Office regarding `Request by Developer's for meetings with Planning Commissioners'. Chairman Cartwright stated that the resources provided by the City Attorney's Office were for the Commission's informational purposes Commissioner Paris inquired about a proposed convenience store at the Chevron Station located on Hawthorne Boulevard and Highridge Road. Director/Secretary Rojas replied that the applicant submitted a Conditional Use Permit Application to the City and that the application was incomplete and placed on `hold' until the modifications at the subject site were completed (dropping of the canopy height and relocation of the vacuum line) Commissioner Paris reported on his attendance at the Mayor's Monthly Breakfast At that meeting, discussions focused on the reduction of the traffic in front of the high school; the re -opening of Ridgecrest School, airport noise, safety, home addition rules, and the need for guidance regarding 'neighborhood compatibility'. Commissioner Paris also reported on his attendance at the School Board Facilities Workshop regarding the opening of the Ridgecrest School and stated that Chairperson Barbara Lucky read aloud a letter from Mayor Hollingsworth regarding the City's desire to open Ridgecrest School as soon as possible Commissioner Paris motioned that the Commission support the City's position on the issue of re -opening Ridgecrest School. The motion was seconded by Commissioner Alberio and with no objections from the Commission, it was so ordered by Chairman Cartwright, (7-0). The Commission commented on the `Planners Institute' conference and expressed their gratitude to the City for giving them the opportunity to attend a very educational and enlightening conference. Planning Commission Minutes April 13,1999 Page 2 0 CONSENT CALENDAR Minutes of March 9, 1999 Commissioner Paris requested that on page 2, paragraph 7, line 2 be modified to read as, `...conversion of public land...'. Chairman Cartwright requested that on page 4, paragraph 5, line 3 the word 'Council' be replaced by the word 'Attorney' and on page 9, paragraph 8, line 10 the word 'he'should be inserted before the word, `saw'. Commissioner Slayden moved to approve the Minutes of March 9, 1999 as amended. The motion was seconded by Commissioner Vannorsdall and passed, (7-0). CONTINUED BUSINESS At this time, Chairman Cartwright announced the protocol of the Planning Commission meeting PUBLIC HEARINGS: 2. Conditional Use Permit No. 174 — Extension; Palos Verdes Peninsula Unified School District (applicant), 28915 Northbay Road. Assistant Planner Schonborn presented a brief history on this item He stated that in July 1992 the Commission approved Conditional Use Permit Nos 169 and 170 to allow the use of portions of the existing Ridgecrest Intermediate School facility by the Montessori School (CUP No. 169) and the Palos Verdes Korean Church (CUP No. 170). However, it appears that the Korean Church never moved into the property Mr Schonborn stated that the school district had been approached by several organizations to occupy the site and therefore Staff determined that a master CUP would be more appropriate rather than approving separate CUP's for individual requests. The school district submitted a Master CUP to the City in November 1992 the Planning Commission approved Conditional Use Permit No. 174. The approval permitted the school to allow various educational uses and other community services with the condition that the permit was valid for (5) years and for the Commission to grant an extension of the use permit. Staff became aware that the permit expired when the Montesson School submitted a Special Use Permit application for their "International Festival' in April 1998 Staff contacted the School District and notified them of the expired permit In Planning Commission Minutes April 13, 1999 Page 3 March 1999 the applicant submitted an application requesting an extension of conditional Use Permit No. 174 Assistant Planner Schonborn stated that the project site was occupied by nine entities such as the, Montesson School, Palos Verdes Peninsula Unified School District; Mumalo Music; Center Stage Dance; Art & Creative Writing; Palos Verdes Peninsula Land Conservancy; Southern California Safety Institute, American Youth Soccer Organization; and, the South Bay Amateur Radio Club Mr Schonborn stated that the six findings were made in considering the applicant's conditional use permit and that Staff received only one complaint regarding trash and debris placed on the ground around the dumpster at the site Staff notified the School District of this issue and they in turn renewed their contract with Waste Management for additional trash pick-up days. Lastly Assistant Planner Schonborn informed the Commission that the Ridgecrest Intermediate School may reopen within the next two years to accommodate the increasing student population of the peninsula. Staff believed that the CUP extension would not adversely affect the neighboring properties and therefore recommended approval of the time extension for Conditional Use Permit No 174 Commissioner Slayden moved to open the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Mr Dennis R Welsh, (Assistant Superintendent PVUSD) 3801 Via La Selva, Palos Verdes Estates, stated that the Ridgecrest School had been a source of revenue for the school district over the years He informed the Commission of the school district's future plans that involved establishment of a parcel tax in support of opening a second high school in the peninsula area or reopening for an intermediate school to house sixth to ninth grade students. Mr. Welsh requested that the Commission grant the extension of the Conditional Use Permit. Mr. David Hosteter, 29221 Whitley Collins Drive, distributed photographs of the project site to the Commission and raised concerns regarding the appearance and maintenance of the school, overflow of mud on the sidewalks, weed and debris at the property site, and the garbage around the dumpster area. Furthermore, Mr Hosteter requested that the Commission deny the applicant's request until all issues have been resolved. Assistant Planner Schonborn stated that according to the City's Code Enforcement Staff the dumpster area was enclosed by a chain-link gate and that the School district renewed their contract requesting additional garbage pick-up days in order to address maintenance concerns. Chairman Cartwright asked the applicant to approach the podium for rebuttal Planning Commission Minutes April 13,1999 Page 4 Mr Welsh stated that he had been responsive to Mr Hosteter's concerns by installing a gate at the dumpster area, increased the waste pick-up with Waste Management, and had hired maintenance staff to conduct weed control in the spring time In addition, Mr. Welsh informed the Commission that the school district was in process of landscaping the site. Commissioner Slayden moved to close the Public Hearing. The motion was seconded by Commissioner Paris and passed. Chairman Cartwright asked for Commission comments and discussion on this item Commissioner Paris supported the applicant's request for an extension to their Conditional Use Permit. Commissioners Slayden, Clark, Vannorsdall, Alberio, Vice Chairman Lyon, and Chairman Cartwright concurred in granting the time extension and update of Conditional Use Permit No 174 Commissioner Paris moved to accept Staffs recommendation to adopt P.C. Resolution No. 99-08; thereby approving Conditional Use Permit No. 174 — Extension, subject to conditions of approval. The motion was seconded by Commissioner Slayden and passed unanimously by a roll -call vote of (7-0). Chairman Cartwright noted the 15 -day appeal period 3. Variance No. 443 and Site Plan Review No. 8444; Mr. & Mrs. Ivica Marinovic (applicant), 29671 N. Enrose Avenue. Assistant Planner Louie briefly summarized the Staff Report and stated that the applicant requested a reduction of a portion of the front yard setback from 20'-0" to 10'-0" (50%) for the proposed construction of a 56 square foot addition at the front of the residence Ms. Louie stated that no concerns or comments were received regarding the reduction of the front yard setback and construction of the proposed 56 square foot addition. Staff determined that the four findings for granting a Variance could be made as discussed in the Staff Report and recommended approval of the proposed project Commissioner Vannorsdall moved to open the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Mr. Frank Politeo, (architect) 1300 S. Beacon Street, San Pedro, CA, reiterated the comments of Staff regarding the construction of the proposed project and requested that the Commission approve his client's request Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Vice Chairman Lyon and passed. Planning Commission Minutes April 13,1999 Page 5 Chairman Cartwright asked for Commission comments and discussion on this item and there were none Commissioner Alberio moved to accept Staff's recommendation to adopt P.C. Resolution No. 99-09; thereby approving Variance No. 443 and Site Plan Review No. 8444. The motion was seconded by Commissioner Clark and passed by a roll -call vote, (7-0). Chairman Cartwright noted the 15 -day appeal period. RECESS AND RECONVENE Chairman Cartwright called for a brief recess at 8:15 p.m and reconvened the meeting at 8 25 p m 4. Variance No. 438, Grading Permit No. 2090, Site Plan Review No. 8387, and Encroachment Permit No. 30; J.L. Jackson (applicant), Dr. Eric Chan (landowner), 27808 Palos Verdes Drive East. Associate Planner Mihranian presented the Staff Report and stated that the applicant requested approvals for the following unpermitted construction at the property located on 27808 Palos Verdes Drive East 1 1,545 square foot addition to an existing single-family residence; 2. a 7 -foot high privacy wall on private property within the public right-of-way, 3 unpermitted hardscape that exceeded the allowable coverage within the required front yard setback; 4. an unpermitted metal patio cover; 5. an unpermitted shed within the required interior side yard setback; 6. pool equipment within the required interior side yard setback; 7 614 cubic yards of unpermitted grading, and, 8 construction of a series of retaining walls ranging between 3 and 8 feet in height. Associate Planner Mihranian stated that the subject property consisted of a permitted 2,034 square foot single family residence on approximately 26,136 square foot interior lot. He stated that the home was originally constructed in 1953 and in 1981 a permit was issued by the City for a 450 square foot family room addition resulting in the existing structure size of 2,034 square feet. According to the City records a date of transfer was made on the property on June 14, 1996. Mr. Mihranian pointed out on aerial photos that there was no privacy wall in the public right-of-way, hardscaping, certain additions, nor grading done to the subject property until 1997. The applicant submitted a Variance, Encroachment Permit, Grading Permit, and Site Plan Review applications for improvements made to his home since the after -the -fact constructions were unpermitted by the City Staff conducted analysis for each of the applications and determined that the findings could not Planning Commission Minutes April 13,1999 Page 6 be met with the exception of the Site Plan Review for the metal patio cover which required only administrative level approval. Associate Planner Mihranian stated that Staff received 3 letters from concerned residents regarding the privacy wall within the public right-of-way and received several telephone calls regarding the unpermitted construction In regard to the foliage analysis, Staff believes that the applicant should comply with the removal or trimming of any foliage that exceeds 16 feet in height and impairs view from neighboring properties Staff also believes that the unpermitted improvements constructed without City approvals or permits did not comply with the provisions stated in the Development Code Therefore Staff recommended denial of the applicant's request for the Variance, Encroachment, and Grading permits, and approve the Site Plan Review for the metal patio cover. Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Vice Chairman Lyon and passed. J L Jackson, (applicant's representative), 3750 Lowry Road, Los Angeles, CA concurred with Staff s recommendation regarding the approval for the metal cover patio in the area of the spa and swimming pool He stated that his client claimed that the privacy wall was 7 feet in height and that the wall was constructed prior to his client purchasing the property Mr. Jackson stated that the grading was entirely within the central portion of the subject property and mentioned that their geotechnical consultants had recommended that some rebar (reinforcement) needed to be added to the retaining walls in order to conform to the grading requirements of the City. Mr. Jackson stated that his client requested allowance to retain the unpermitted portions added to his existing residence, and would like to find a compromise rather than the Commission denying his requests. Chairman Cartwright asked if he considered speaking to Staff to explore alternatives bringing the issues at hand into conformance. Mr Jackson opted for a continuance to work with Staff in resolving these issues. Vice Chairman Lyon asked if there were any other improvements, such as walls, fences, or metals posts that encroach onto a neighboring property and Mr. Jackson replied that he was unaware of any other encroachments. Commissioner Clark asked if Mr Jackson could provide evidence to the Commission indicating that the encroaching wall was constructed before his client purchased the home and Mr. Jackson replied that he did not, but that his client did have photographs. Commissioner Clark asked if Mr Jackson discussed with his client the reasons for improvements to his property without obtaining approvals by the City and Mr Jackson replied that he had not Planning Commission Minutes April 13,1999 Page 7 Ms. June Husted, 27806 Palos Verdes Drive East, stated that she had lived at her residence for approximately 36 years. She was very concerned about the current changes occurring at the subject property which impacted the value of her property. Ms. Husted was stunned to hear the applicant's representative state his client's claim that the privacy wall was at the subject property prior to purchase. Further, Ms Husted pointed out that the applicant had also constructed 3 to 4 fences of various heights and requested that the Commission deny the requests of the applicant Commissioner Alberio asked if the previous owner of the property constructed the privacy wall and Ms. Husted replied that the previous owner did not construct the privacy wall, but that the current owner did. Mr. Eric Chan, (applicant) 27808 Palos Verdes Drive East, stated that he purchased the subject property in 1996 and that most of the improvements made to his home were done prior to him moving in. Mr Chan distributed photographs which he said were taken in 1997 to the Commission and pointed out that the privacy wall was in its present location. Mr Chan also pointed out that he was not the only one in the neighborhood with a block wall, but that there were other residents in the neighborhood with block walls as well. Mr Chan stated that he would like to work with Staff to bring his property into compliance with the City requirements Commissioner Paris asked if he constructed the privacy wall in front of his home and Mr. Chang replied that he did not Commissioner Paris asked if he considered that the improvements he made to his home would require permits from the City and Mr. Chan replied that he was not aware of this Vice Chairman Lyon asked Mr. Chan to specify whether or not the eight items listed in the Staff Report on page 2 were in existence at the time he purchased the subject property 1. Mr. Chan admitted to making additions to his existing residence, 2. Mr. Chan replied that the 7 foot privacy wall was already there, 3. Mr. Chan admitted that he added concrete to the front yard, 4. Mr. Chan admitted that he constructed the metal patio cover, 5. Mr. Chan admitted constructing a shed within the required setback; 6 Mr Chan replied that the pool was there before he purchased the home; 7. Mr. Chan admitted that he had done the 614 cubic yards of grading, and, 8 Mr Chan admitted to constructing the series of retaining walls. Commissioner Vannorsdall asked Mr Chan when he purchased his home. Mr. Chan replied in June 1996. Mr G Beardslee, 27818 Palos Verdes Drive East, lived to the west of the applicant's property. Mr. Beardslee stated that the applicant's privacy wall Planning Commission Minutes April 13, 1999 Page 8 encroached into the public right-of-way and would block his view of oncoming traffic when driving his vehicle off his property which caused a safety issue for him Further, Mr Beardslee stated that the applicant had installed a wrought -iron fence at the rear of the subject property which encroached onto his property and also stated that the applicant constructed the privacy wall in November 1997 Chairman Cartwright asked the applicant if he had any closing remarks to make Mr. Chan displayed a photograph to the Commission and indicated that the privacy wall was in its current location in June 1997 and that he did not intentionally construct the improvements made to his home without permits. Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Vannorsdall and passed. Chairman Cartwright asked for Commission comments and discussion on this item. Commissioner Slayden suggested possible actions that the applicant could pursue in order to correct the issues at hand. Commissioner Slayden suggested moving the pool equipment, adding reinforcement to the retaining walls, and removing the extra shed behind the garage. Commissioner Paris believed that it would be more expensive to correct the problem and felt that there was no compromise to resolve the issues at hand Commissioner Paris supported Staff's recommendation. Commissioner Vannorsdall was not comfortable with the privacy wall encroaching into the public right-of-way since it would cause safety issues. Commissioner Clark felt that the privacy wall should be demolished and that the setbacks should be observed and supported Staffs recommendation. Commissioner Alberio concurred with the comments of Commissioners Paris and Clark. Vice Chairman Lyon concurred with his colleagues and stated that the City had rules for the best interest of the community and the residents. Vice Chairman Lyon stated that he could not approve the applicant's request. Chairman Cartwright stated that this issue was a very serious problem and should be resolved He too supported Staffs recommendation. Vice Chairman Lyon moved to accept Staff's recommendation to adopt P.C. Resolution No. 99-10, thereby denying Variance No. 438, Grading Permit No. 2090, and Encroachment Permit No. 8444, and approve Site Plan Review No. 8357. Planning Commission Minutes April 13, '1999 Page 9 Commissioner Clark suggested that Vice Chairman Lyon amend his motion to include that the Variance, Grading, and Encroachment Permits be denied and approve the Site Plan Review 'without prejudice' The maker amended his motion to include denial of the Variance, Grading, Encroachment permits without prejudice and approval of the Site Plan Review. The motion was seconded by Commissioner Vannorsdall and passed by a unanimous roll -call vote, (7-0). Chairman Cartwright noted the 15 -day appeal period 5. Appeal of a Use Determination for Rancho Palos Verdes Development Code Section 17.18.020: World Savings Building, 580 Silver Spur Road; Pacific Sales (appellant). Assistant Planner Schonborn presented the Staff Report and stated that the applicant submitted a request for approval to utilize the 10,580 square foot, two- story World Savings building for their corporate offices and a bridal registry Mr Schonborn stated that the bridal registry would involve the retail sale of goods and merchandise According to the Development Code, the sale of goods either minor or clearly ancillary to the use was allowed by right within the CP -Zoning District; however, the Code did not establish criteria for what constitutes sales of goods that were minor or ancillary to a major use Therefore, the Director determined that the sale of goods would be limited to 25% of the leasable area of a business including the storage area and that it would be reasonable to allow Pacific Sales to utilize and occupy the building contingent upon verification of the lease agreement with the other tenant of the building Assistant Planner Schonborn stated that Pacific Sales that to sufficiently conduct a bridal registry showroom a minimum floor area of 3,500 square feet was necessary, and up to 500 additional square feet for the storage area Pacific Sales filed an appeal of the Director's use determination in March 1999 The Director's discretion was based on the purpose, intent and standards of the Commercial Professional District to determine that a minor and ancillary sales use within the CP -Zoning District to 25% of the floor area of a business Therefore, Staff recommended that the Commission uphold the Director's use determination Commissioner Slayden moved to open the Pubic Hearing. The motion was seconded by Vice Chairman Lyon and passed. Ms Lori Muncherian, (Vice President — Pacific Sales) 1260 Via Romero, Palos Verdes Estates, stated that Pacific Sales intended to occupy the building area for their corporate office in addition to a bridal registry gift showroom She stated that they had a current business of bridal registry in the City of Rolling Hills Estates, but would like to relocate at the subject property in Rancho Palos Verdes Ms Muncherian informed the Commission that the business would focus more on the internet and direct mail and anticipate 75-80% sales She did Planning Commission Minutes April 13,1999 Page 10 not foresee any major traffic impacts in the neighborhood since most of the business transactions will be via telephone and the products are shipped out of their Torrance warehouse Ms. Muncherian informed the Commission that Pacific Sales has made approximately two and half million dollars in sales in that area and anticipate ten million dollars in sales of goods in the next four years Ms. Muncherian believed it was very important to obtain the additional square footage in order to display all of their merchandise. Ms Muncherian mentioned that when the lease expires for the World Savings, Pacific Sales would then occupy the entire building. Mr. Clint McMorris, 3909 Via Campesina, Palos Verdes Estates, CA stated that he was the broker for the applicant He mentioned that this business would grow regionally and eventually nationally and then requested that the Commission approve his client's request for the additional building area Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Paris and passed. Chairman Cartwright asked for Commission comments and discussion on this item and there were none Commissioner Slayden moved to overturn the Director's determination and allow minor and ancillary uses to occupy up to 40% of business' leasable area for this particular use, (7-0). The motion was seconded by Commissioner Alberio and passed by a roll -call vote, (7-0). Chairman Cartwright noted the 15 -day appeal period 6. Specific Plan Amendment No. 10, Conditional Use Permit No. 204, Grading Permit No. 2044 and Environmental Assessment No. 701: Tosco Corporation, 29701 Western Avenue. Chairman Cartwright read aloud Staff's recommendation for the continuance of this item. Commissioner Slayden noted that a Staff Report was not included in their packets and Director/Secretary Rojas replied that this was correct, due to the continuance recommendation. Commissioner Slayden motioned to continue the public hearing of this item to the meeting of April 27, 1999. The motion was seconded by Commissioner Clark. With no objection from the Commission, it was so ordered by Chairman Cartwright, (7-0). ITEMS T4 BE PLACED ON FUTURE AGENDAS Staff 7. Pre -agenda for the Planning Commission Meeting of April 27, 1999. Planning Commission Minutes April 13, 1999 Page 11 E Commission 11 Chairman Cartwright announced that he was not available to attend the April 27, 1999 Planning Commission Meeting Commissioner Paris announced that he too may not be available that evening. Commissioner Slayden requested that the Recording Secretary work on the 1999 Commission Vacation Schedule COMMENTS FROM THE AUDIENCE =Z. ADJOURNMENT At 10 41 P M Commissioner Albeno moved to adjourn the meeting to Tuesday, April 27, 1999 at 7:00 P.M. in the Community Room at Hesse park. The motion was seconded by Commissioner Paris With no objection from the Commission, it was so ordered by Chairman Cartwright, (7-0). W \PC\Minutes\1 9990413 doc Planning Commission Minutes April 13,1999 Page 12