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PC MINS 19990511CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING May 11, 1999 CALL TO ORDER APPROVED May 25, 1999 d"'Z- The meeting was called to order at 7.03 p.m. by Chairman Cartwright at the Fred Hesse Community Building, 29310 Hawthorne Boulevard FLAG SALUTE Recording Secretary Atuatasi led the assembly in the Pledge of Allegiance to the flag ROLL CALL Present Commissioners Alberio, Paris, Slayden, Vice Chairman Lyon, and Chairman Cartwright Absent: Commissioners Clark and Vannorsdall were excused. Also present were Director/Secretary Rojas, City Attorney Steele, Associate Planners Fox and Mihranian, Assistant Planner Schonborn, and Recording Secretary Atuatasi Commissioner Alberio moved to approve the Agenda as presented. The motion was seconded by Vice Chairman Lyon and passed. COMMUNICATIONS Council Policy Items Director/Secretary Rojas updated the Commission on the May 4, 1999 City Council Meeting The Council discussed- 1) the adoption of an Affordable Housing Fee; 2) a request to modify the drainage system at the Ocean Trails project; and, 3) authorizing commencement of Phase III for the NCCP project. Staff distributed an item of late correspondence and copies of P.C. Resolution No 99- 07 for Agenda Item No. 2 (Tentative Parcel Map No. 25271 and Environmental Assessment No. 706) and two items of late correspondence related to Agenda Item No 3 (Tentative Parcel Map No. 24679) Director/Secretary Rojas updated the Commission on the `Community Leader's Breakfast' held on May 8, 1999 which was attended by Commission and Committee members of the City, presidents of homeowners associations, representatives from the fire and sheriff departments, and school and library boards. The discussions focused on some of the development projects, such as the Ocean Trails, Seabreeze, and Oceanfront Estates, and forthcoming projects such as, Golden Cove, Point View, and the Long Point Projects. Commission Commissioner Alberio reported on his attendance at the Mayor's Monthly Breakfast held on May 5, 1999 Topics of discussion included: 1) ongoing and forthcoming development projects as previously mentioned by Director/Secretary Rojas; traffic issues on Western Avenue, 'Proposition 'M', relocation of the Pony Club; and, the City's preparation for the July 4, 1999 festivities Commissioner Paris recalled that at the Meeting of April 27, 1999 excerpts of a letter published in the April 24, 1999 Palos Verdes News edition were read aloud by Commissioner Slayden. Commissioner Pans expressed his opinion and stated that it was an advocacy article and inquired to the City Attorney if it appeared to the public that the Commission was supporting the issue as quoted in that article City Attorney Steele replied that two issues should be kept in mind, one, that the Commission member should always endeavor in every application to keep an open mind in giving the applicant a fair hearing Statements given by the Commission which give the impression to the applicant and the public that the Commission was not able to grant the applicant a fair hearing should be avoided Second, the Commission should only take evidence into consideration in the decision making process that is presented in the public hearing and made available to the Commission, Staff, and the public CONSENT CALENDAR 1. Minutes of April 27, 1999 Commissioner Slayden requested that on page 5, paragraph 3, line 3, and page 9, paragraph 3, line 1 the words, `very much' be deleted Vice Chairman Lyon requested that on page 5, paragraph 8, line 8, the word, `differences' be modified to read as, `reasons', page 7, paragraph 5, line 4 the word, meet' be modified to read as, `met', line 7, the word `every' be modified to read as, `ever' and, paragraph 8, line 4 the word, it"s be modified to read as, `its'. Commissioner Slayden moved to approve the minutes as amended, seconded by Vice Chairman Lyon, (5-0-2) with Commissioner Paris and Chairman Cartwright abstaining as they were not present at that meeting. PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 2 PUBLIC HEARINGS None CONTINUED BUSINESS 2. Tentative Parcel Map No. 25271 and Environmental Assessment No. 706; Palos Verdes Portuguese Bend Company, northwest corner of Crenshaw Boulevard and Crestridqe Road. Associate Planner Fox summarized the Staff Report and stated that the proposed project was presented to the Commission for consideration at the March 9, 1999 meeting The action taken at that meeting resulted in denial of the proposed map without prejudice Mr Fox stated that the basis for the denial was due to the lack of approved geology for the entire site and additional information and analysis indicating the future land use of the lots being proposed and in keeping with the requirements of the City's General Plan The Commission allowed PVPBC to further revise the map and provide additional information to address the outstanding concerns in regard to the future land use and geology The applicant submitted a new application which was accompanied by a geology feasibility report for the entire site, conceptual grading and land use alternatives for the proposed lots, and a preliminary traffic analysis Associate Planner Fox relayed the applicant's request to the Commission to allow the subdivision of a 29,4 acre site into two lots for financing and conveyance purposes only Staff believes that the applicant has provided the additional information to support the proposed 2 -lot map and that the City's geotechnical consultant has reviewed an approved the soils reports Further, the applicant had provided analysis of future grading, land use and traffic issues of the proposed lots Staff believed that the necessary findings could be made and that the proposed project would have no significant impact upon the environment and therefore, recommended approval from the Commission adopting the Negative Declaration and conditionally approving Tentative Parcel Map No. 25271. Chairman Cartwright asked if there were any speakers for this item, and there was one Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Mr Mike Walker,25200 La Paz Road, Suite 210, Laguna Hills, CA commended the Staff for a thorough and comprehensive report and stated that he was there to answer questions for the Commission Commissioner Slayden asked who would own Parcel 1 and Mr. Walker replied that Host Marriott would own that parcel PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 3 L Commissioner Slayden asked if the concept plans were developed by him and Host Marriott and Mr. Walker replied that the plans were created by an architectural firm under his direction Chairman Cartwright observed that the applicant does not propose to develop the lots and that the subdivision is for transfer of ownership Vice Chairman Lyon moved to close the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Chairman Cartwright asked for Commission discussion and comments on this Item and there was none. Commissioner Alberio moved to accept Staffs recommendation, to adopt P.C. Resolution No. 99-14; thereby adopting the Negative Declaration; and, adopt P.C. Resolution No. 99-15, thereby conditionally approving Tentative Parcel Map No. 25271. The motion was seconded by Vice Chairman Lyon and passed by a roll - call vote, (5-0). Chairman Cartwright noted the 15 -day appeal period. 3. Tentative Parcel Map No. 24679, Ron Florence, 5251 Rolling Ridge Road. Associate Planner Mihranian gave a summation of the Staff Report. He stated that the applicant (Lanco Engineering) on behalf of the owner, Ron Florence submitted an application to the City in October 1998 for Tentative Parcel Map No 24679 Prior to that, the applicant submitted other applications under Height Variation No. 847, Site Plan Review No. 8079 and Grading Permit No. 1970 between the months of August and September 1997 for a new single-family residence However, in April 1999 the applicant submitted a letter to the City requesting the development package be withdrawn in order to continue processing this Tentative Parcel Map. In addition to the applicant's request for a subdivision of a 65,394 square foot residential lot into two, the applicant proposed installation of a new fire hydrant near Lot No. 2 and construction of a sewer line that would connect and extend to the sewer line in the City of Palos Verdes Estates He pointed out that the Planning Department received seven letters from nearby residents concerned about other property owners requesting similar subdivisions, changing of the rural character of their neighborhood; and, the belief that property values would decrease. Associate Planner Mihranian stated that all six findings could be made in the granting of the subdivision and therefore Staff recommended conditional approval of the subdivision of Tentative Parcel Map into two residential lots. Chairman Cartwright asked if there were any speakers for this item and Staff replied that there were five speakers PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 4 Vice Chairman Lyon moved to open the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Mr. M.A. Nichols, (applicant's engineer/Lanco Engineering) 1010 Crenshaw, Torrance, CA, reiterated the comments of Associate Planner Mihranian regarding the Staff Report. Mr Nichols and had some concerns with Condition Nos 3, 4, 9, 17, and 22 and requested clarification in the language, or to be allowed to work with Staff to make modifications in the language. Director/Secretary Rojas interjected and stated that it was a requirement for the applicant to submit a statement indicating that they have read, understood, and agreed to all the conditions of approval. Director/Secretary Rojas felt that it would be appropriate to resolve the language in the conditions of approval now rather than at a later time with Staff Vice Chairman Lyon asked Mr Nichols why the lots were not being divided equally and Mr Nichols replied that his client's original intent was to build on the lower lot and put the upper lot in the real estate market. However, Mr Nichols believed that his client now has intentions of selling both lots. Mr. William Slagg, 5287 Rolling Ridge Road, opposed the subdivision of the lot. His main objection was that the subject lot was the smallest of all the surrounding properties and that it was incompatible with the neighborhood. Mr. Slagg felt that the division of the lot would lower property values of surrounding residences and would begin a trend that would be detrimental to the area. Ms Vicki Scrimger, 26202 Birchfield Avenue, concurred with the statements of the previous speaker She was concerned with the potential increase in traffic flow at Rolling Ridge Road and pointed out to the Commission that this road was very narrow. Mr Richard Johnson, 5383 Rolling Ridge Road, also opposed the subdivision of the lot and believed that it would significantly alter the character of the neighborhood of houses located on Rolling Ridge Road Mr Robert Bothner, 5040 Palos Verdes Drive North, strongly opposed the proposed lot split and stated that it would adversely affect property values for the surrounding property owners and diminish the rural atmosphere. Chairman Cartwright asked Mr Nichols to approach the podium for rebuttal. Mr. Nichols replied that he had worked out the language clarification with Staff. Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Slayden. Chairman Cartwright asked for Commission comments and discussion on this item. PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 5 Commissioner Alberio stated that the issue of incompatibility does not apply to the proposed subdivision, but would apply if the applicant requested to construct a home on the subject property Although he was concerned with a potential split of the larger lot, Commissioner Albeno stated that the applicant's request satisfied the requirements of the City's General Plan. Commissioner Slayden saw no problem in approving the applicant's request since he complied with the requirements of the City Codes. Vice Chairman Lyon was sympathetic to the concerns of the neighbors and felt that it would be nice if both lots were equal in size He wondered if it were possible to require Lot No. 2 be expanded to permit a larger setback so that future development on the subject property is further away from the Rolling Ridge Road and would alleviate some of the objections of the neighbors. However, he did state that the zoning issue overrides neighborhood compatibility Commissioner Paris concurred with the comments of Vice Chairman Lyon. Chairman Cartwright stated that the applicant's request was consistent with the City's General Plan and that the lot characteristics satisfied the City's zoning requirements Vice Chairman Lyon moved to have Staff work with the applicant to determine whether it is practical to adjust the lot line in a manner that would enable future construction of a home on the subject lot with a larger setback from Rolling Ridge Road and return to the next Planning Commission meeting. The motion was seconded by Commissioner Paris. Director/Secretary Rojas interjected and stated that approach would not be practical since the topography dictated the location of the future development no matter what is done to the lot Mr Rojas stated that the intent of the City's Code was to have structures developed on a slope less than 35%. Chairman Cartwright asked for clarification on whether the setback could be modified if the applicant were to submit an application for future development on the subject lot Director/Secretary Rojas replied that because a finding of neighborhood compatibility would be required for any future development on the lot, problems with the massiveness or the bulk of a future structure could be mitigated through a much greater setback at that time Chairman Cartwright asked Vice Chairman Lyon if he wanted to withdraw his motion After some discussion Vice Chairman Lyon did so. Commissioner Slayden moved to accept Staff's recommendation. Director/Secretary Rous informed the Commission that there were requests from the previous speakers to give additional testimony PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 6 0 0 Commissioner Alberio moved to re -open the Public Hearing. The motion was seconded by Vice Chairman Lyon. Ms Scrimger approached the podium and strongly expressed her opinion on the incompatibility of the subject lot compared to the other surrounding properties. Mr Slagg requested that the Commission asked the Commission to carefully consider the applicant's request. Mr. Slagg believed that splitting the lot equally would make a big difference Mr Bothner strongly opposed the subdivision and requested that the Commission deny the applicant's request. Chairman Cartwright asked the applicant if wished to rebut the comments of the previous speakers and Mr Nichols replied that he did not desire to do so. Vice Chairman Lyon moved to close the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Commissioner Slayden reiterated his motion to accept Staff's recommendation to approve the subdivision of a 65,394 square foot residential lot into two (2) lots. The motion was seconded by Chairman Cartwright and failed, (2-3) with Commissioners Alberio, Paris and Vice Chairman Lyon dissenting. Vice Chairman Lyon moved to accept Staffs Alternative recommendation No. 2, to have the applicant work with Staff to address the Commission's issues concerning the lot size and the frontyard setbacks for Lot No. 2 of the proposed project, and provide the applicant with direction in revising the project, and continue the Public Hearing to June 8, 1999. Chairman Cartwright asked the applicant if he was in agreement with the decision of the Commission Chairman Cartwright moved to re -open the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Mr Nichols replied that he had no objections in continuing his item to the next Planning Commission meeting Director/Secretary Rojas reminded the Commission about the City operating under the Permit Streamlining Act' and that the applicant had to submit a statement to Staff indicating a 90 day extension on the proposed project. Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Slayden and passed. PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 7 Vice Chairman Lyon's motion to accept Staffs alternative recommendation No. 2 was seconded by Commissioner Paris and passed by a roll -call vote, (4-1) with Commissioner Slayden dissenting. RECESS AND RECONVENE Chairman Cartwright called for a brief recess at 9.30 p.m. until the meeting reconvened at 9'40 p m 4. Height Variation No. 877; James Knight, 5 Cinnamon Lane. Assistant Planner Schonborn summarized his presentation of the Staff Report and stated that Landslide Moratorium Exception Permit No. 25 was approved for a room addition over the existing garage of the subject home, thereby allowing the applicant to submit a Height Variation application for consideration by the Commission Mr Schonborn pointed out that the applicant's original proposal did not comply with the minimum requirements of habitable space and therefore the application was deemed incomplete. The applicant re -submitted a modified proposal and the application was deemed complete by Staff Mr Schonborn noted that during the 30 day notification period the department received a total of correspondence from neighboring residents in which 2 favored the proposed project and 6 in opposition Staff determined that all 9 findings for the Height Variation could be made in a positive manner and therefore, recommended approval of the proposed project subject to conditions contained in Exhibit'A' of the Staff Report Chairman Cartwright asked if there were any speakers for this item and Staff replied that there five request to speak were submitted. Vice Chairman Lyon moved to open the Public Hearing. The motion was seconded by Commissioner Paris and passed. Mr Jim Knight, (applicant) 5 Cinnamon Lane, concurred with the comments made in the Staff report and stated that in designing his proposed structure he tried very hard to keep with the requirements of the City's Code. Mr. Knight stated that he was present to answer questions by the Commission Mr. Jeff Maxwell, 9 Cinnamon Lane, objected to the applicant's request since it would block his ocean view from the second story of his home. Mr. Maxwell stated that he purchased his home 13 years ago and would like to preserve his ocean view and of Catalina Island as much as possible and requested that the Commission deny the applicant's proposal PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 8 Mrs Colleen Maxwell, 9 Cinnamon Lane, reiterated the comments of her husband and strongly expressed her objection to the proposed project. Mrs. Maxwell pointed out that the views of the ocean and the Catalina Islands from her dining, master, living, and laundry room would be impaired if the Commission granted the applicant's request. Ms. Marissa Maxwell, 9 Cinnamon Lane, thanked the Commission for giving her an opportunity to speak and stated that she agreed with the comments of her parents. Ms. Maxwell informed the Commission that she had a tree house in her back yard and would also like to preserve her views of the ocean and Santa Catalina Islands Mr. Don Miller, 6502 Certa Drive, also concurred with the statements made by his son- in-law, daughter, and granddaughter (the Maxwell's) and expressed his disagreement with the contents in the Staff Report. Mr Miller stated that the biggest issue with the view obstruction were the roof eaves not the height of the ridgeline. Chairman Cartwright asked the applicant to approach the podium for closing statements Mr. Knight stated that there was a huge Eucalyptus tree when he purchased the property and informed the Commission that he will remove this tree. In response to the last speakers comment, Mr Knight stated that his original silhouette was 21 feet high, but that he had lowered the height of his proposed structure to 168". Commissioner Paris moved to close the Public Hearing. The motion was seconded by Vice Chairman Lyon and passed. Chairman Cartwright asked for Commission comments and discussion on this item Commissioner Paris felt that both parties were being reasonable He stated that this was an unfortunate situation, but concurred with Staffs recommendation Commissioner Slayden suggested that the applicant utilize the service of an architect to work on alternative designs for his proposed project Commissioner Alberio concurred with Commissioner Slayden's comments. Vice Chairman Lyon appreciated Mr Knight's desire to design his own home. Vice Chairman Lyon understood why Mr Miller pointed out that it was not the 16'8" ridgeline, but rather the roof eaves were causing the view impairment. Vice Chairman Lyon stated that the roof eaves were below the 16 foot height limit and that the applicant had the right to construct in that area. Chairman Cartwright felt that neighborhood compatibility was not an issue and also felt that the service of an architect was unnecessary Chairman Cartwright stated that the applicant made an effort in lowering the height of his proposed project and stated that the roof eaves were below the ridgeline PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 9 Commissioner Alberio moved to accept Staff's recommendation, to adopt P.C. Resolution No. 99-16; thereby approving Height Variation No. 877, subject to conditions of approval. The motion was seconded by Vice Chairman Lyon and passed by a roll -call vote, (5-0). Chairman Cartwright noted the 15 -day appeal period. COMMENTS FROM THE AUDIENCE Lois Larue 3136 Barkentine Road discussed the City Council/Planning Commission Workshop Minutes of February 8, 1999 and items related to the Long Point and Point View projects At 10 55 p m Vice Chairman Lyon moved to adjourn the meeting to Tuesday, May 25, 1999 at 7:00 p.m. in the Community Room at Hesse Park. The motion was seconded by Commissioner Paris With no objection, it was so ordered by Chairman Cartwright, (5-0) WAKIMInutes119990511 doc PLANNING COMMISSION MINUTES MAY 11, 1999 PAGE 10