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PC MINS 19990608Approved 06122199 IV CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING JUNE 8, 1999 CALL TO ORDER The meeting was called to order at 7.06 p m by Chairman Cartwright at the Fred Hesse Community Building, 29310 Hawthorne Boulevard. At the request of Commissioner Pans, the Commission observed a moment of silence in memory of Frank and Adrienne Fowler, former active community leaders whose lives were tragically taken last week FLAG SALUTE Commissioner Clark led the assembly in the Pledge of Allegiance to the flag ROLL CALL Present- Commissioners Alberio, Clark, Paas, Slayden, Vannorsdall, Vice Chairman Lyon, and Chairman Cartwright. Absent None Also present were Director/Secretary Rous, Associate Planners Fox and Khranian, and Recording Secretary Atuatasi APPROVAL OF AGENDA Vice Chairman Lyon moved to re -order the Agenda Items in the following order for discussion: 1, 5, 6, 2, 3, 4, and 7. The motion was seconded by Commissioner Alberio and passed. With no objection from the Commission, it was so ordered by Chairman Cartwright, (7-0). COMMUNICATIONS Council Policy Items Director/Secretary Rous updated the Commission of the Council's discussion at the City Council Meeting of May 18, 1999 which included- 1) approval of the Specific Plan amendment for the Western Avenue and Summerland Street service station site, 2)adoption of the updated Uniform Building Code in reference to the provision for foundation repair in the active landslide area of the City; and, 3) directing Staff to compile a streamline process for issuing encroachment permits at Staff level which would return to the Council Staff Staff distributed an item of late correspondence from Dr Harold Reaves relating to Agenda Item No 4 (Height Variation No 827 and Grading Permit No 1887) and copies of a reduced map exhibit pertaining to Agenda Item No 3 (Tentative Parcel Map No 24679) Director/Secretary Rojas updated the Commission on the landslide activity at the Ocean Trails Site In previous discussion, the City Council expressed concerns about the main trunk line, and Director/Secretary Rojas explained to the Council that the County of Los Angeles Sanitation Department was currently repairing this main trunk line and also working on a plan for a permanent relocation The other concern of City Council was the possibility of additional sluffing at the subject site and Director/Secretary Rojas explained that the developer's geologist was currently analyzing the site to ensure that a proper barrier was placed to prohibit pedestrian access to the slide area. Director/Secretary Rojas stated that all public trails leading to the slide area were closed and that the City issued an emergency coastal permit to formally close the trails in order to give the developer authority to take necessary actions to stabilize the situation Director/Secretary Rojas informed the Commission that the City and the developer's geotechnical consultants were currently working together to research the cause of the slide activity Director/Secretary Rojas informed the Commission that the developer has not advised the City as to what actions will be taken in repairing the trails and also the section of the golf course where the slide occurred Further, Director/Secretary Rojas stated that the developer submitted an application to the City for Conditional Use Permit No 163 — Revision `J' for miscellaneous modifications unrelated to the landslide which is continued to the July 6, 1999 and that another request was submitted to install a temporary tent for a restaurant in the park area of Ocean Trails site which had been withdrawn by the developer Commission Chairman Cartwright reported on his attendance at the Mayor's Monthly Breakfast and informed the Commission that discussions focused on the earth movement at the Ocean Trails site and requested topic items for discussion such as, 'maximum structure size' and 'roof decks' at a future City Council/Planning Commission Workshop PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 2 CONSENT CALENDAR 1. Minutes of May 25, 1999 Commissioner Paris requested that line 1, paragraph 3, page 2 should be modified to read as, '...extending to Palos Verdes Drive South and stated that different sections of the wall needed repairing.'; and, on line 2, paragraph 8, page 7, the word 'precedence'be modified to read as, 'precedent' Commissioner Slayden moved to approve the minutes as amended, seconded by Commissioner Paris. There being no objection from the Commission, it was so ordered by Chairman Cartwright, (4-3-0) with Commissioners Clark and Vannorsdall and Vice Chairman Lyon abstaining as they were not present at that meeting. The Commission considered Agenda Item No. 5 at this time, followed by Agenda Item Nos. 6, 2, 3, 4, and 7 PUBLIC HEARINGS 5. Variance No. 449 and Site Plan Review No. 8553: Michael and Jovan Trapani, (applicant), 7 Rockinghorse Road. Chairman Cartwright read aloud the applicant's request and Staffs recommendation on this item Director/Secretary Rojas noted that in preparing the Staff report for this item, additional issues about the proposed project were raised He stated that in order to properly address these concerns Staff requested a continuance for the public hearing of this item to the Planning Commission of July 13, 1999 Chairman Cartwright asked if there were any speakers for this item and there was none Commissioner Vannorsdall moved, seconded by Vice Chairman Lyon to accept Staff's recommendation to continue the Public Hearing of this item to the Planning Commission Meeting of July 13, 1999. With no objections from the Commission, it was so ordered by Chairman Cartwright, (7-0). NEW BUSINESS 6. Status Report on the Appeals of Site Plan Review No. 8017 (Abrams) and Site Plan Review No. 8178 (Hermann). PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 3 Associate Planner Fox gave a brief overview of the Staff Report and stated that the new antenna regulations were in place and that these applications and appeals would no longer be processed since Site Plan Reviews were no longer the appropriate Planning permits for these antennas. Staff advised the applicants and appellants that these applications and appeals would no longer be processed further. Associate Planner Fox informed the Commission that Mr. Abram's application (Site Plan Review No 8017) required a public hearing before the Commission and notification to property owners within a 500 -foot radius in the vicinity of the project site On the other hand, Mr. Hermann's application (Site Plan Review No 8178) would be reviewed at Staff level with additional findings and requires notification for adjacent property owners and the homeowner's association Mr. Fox explained that Staff had agendized this matter for informational purposes in order to bring closure to these two, unresolved appeals of previous Staff approvals Director/Secretary Rojas informed the Commission that the City had confirmed code violations on Mr Abram's property regarding the use of his antenna for commercial purposes The City is involved in litigation with Mr Abram's and that at this time pursuant to the Municipal Code, will not accept an application for an antenna from him until the legal issues (commercial use) have been dealt with by the City Chairman Cartwright asked if there were any speakers for this item and there was none Commissioner Vannorsdall moved to accept Staffs recommendation to receive and file the Staff Report seconded by Commissioner Alberio and passed. With no objections from the Commission, it was so ordered by Chairman Cartwright, (7-0). CONSENT CALENDAR 2. Parcel Map No. 19062 — Extension; Robert & Marilyn Katherman, (landowner) 18 Rockinghorse Road. Chairman Cartwright read aloud the applicant's request and Staff's recommendation for this item and asked the Commission if they had any questions for Staff Commissioner Albeno moved to accept Staff's recommendation to approve the requested one (1) year extension via Minute Order, thereby setting the expiration date of Tentative Parcel Map No. 19062 as June 9, 2000, with all conditions of approval remaining in full force and effect. The motion was PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 4 seconded by Commissioner Vannorsdall and with no objections from the Commission, it was so ordered by Chairman Cartwright, (7-0). CONTINUED BUSINESS 3. Tentative Parcel Map No. 24679; Ron Florance, (applicant). 5251 Rolling Ridge Road. Associate Planner Mihranian presented the Staff Report and stated that this item was considered by the Commission at the meeting of May 11, 1999 and was continued that evening due to concerns raised at the last meeting The concerns included neighborhood compatibility of the two lots, increased traffic congestion on Rolling Ridge Road, unequal division of the land, and the potential decrease in property values if the parcel map was approved Associate Planner reiterated the context of the Staff Report dated May 11, 1999 and explained that the six findings could be made grant the applicant' request and recommended approval of the proposed lot split, subject to conditions Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Vice Chairman Lyon and passed. Mr. Ron Florance, (applicant) 5251 Rolling Ridge Road, apologized to the Commission for not attending the last meeting, and made himself available to answer questions from the Commission Commissioner Paris asked Mr Florance if he intended to split Lot No 1 since it was over 40,000 square feet and asked why Lot No. 1 was larger than Lot No 2 In regard to Lot No 2, Mr Florance replied that the street inclined leading to the subject lot and that the lot was level with the street. As for the subdivision of Lot No 1 Mr. Florance replied that he does not intend to do a further subdivision and that he was content with the proposed size Commissioner Albeno asked Mr Florance if he considered adjusting the lot line for Lot No. 2 so that future construction of a home on the subject lot would have a larger setback from Rolling Ridge Road Mr. Florance replied that he met with Staff to discuss this option, and stated that he was unwilling to revise the lot Imes to accommodate the desires of his neighbors He strongly believed that his proposed plans complied with the City's General Plan and that he Intended to proceed with his proposed plans Ms Debra Pole, 5241 Rolling Ridge Road, expressed her concern about the lot split and believed that if approved by the Commission, the subject lots would be incompatible with the surrounding properties. Further, Ms Pole added that PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 5 potential traffic congestion could occur at Rolling Ridge Road and create a hazard and suggested that the Commission revise the zoning codes Ms Pole urged the Commission to deny the applicant's request Mr Douglas Trowbridge, 5333 Rolling Ridge Road, felt that the Commission should find other options for the applicant to resolve the situation He believed that the proposed request would change the rural atmosphere for the other surrounding properties Mr William Slagq, 5287 Rolling Ridge Road, reiterated his comments of opposition from the meeting of May 11, 1999 Further, he opposed the potential subdivision of the larger lot and requested that the Commission deny the applicant's request. Mr Richard Johnson 5383 Rolling Ridge Road, strongly objected to the subdivision of the lot and stated that the appearance of the homes located on Rolling Ridge Road would be altered Ms Helen Graux 5291 Rolling Ridge Road, concurred with the comments of the previous speakers and stated that if the lot split were approved, future construction of a home on Lot No 2 would significantly impair her view Mr Charles Williams 3508 Via Campesina, objected to the lot split and felt that the lots were unbalanced and were not compatible with the surrounding lots He believed that it would decrease property values and requested denial of the proposed project. Chairman Cartwright asked Mr Florance to approach the podium for remarks Mr Florance stated that he was sympathetic to the views of the neighbors, however felt that his proposed plans would add and not detract from the value of the surrounding properties Mr. Florance informed the Commission and the public that he proposed to install a fire hydrant for 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 Mr Florance stated that he tried to be very sincere in putting together good land planning Commissioner Alberio moved to close the Public Hearing. The motion was seconded by Commissioner Slayden and passed. Chairman Cartwright asked the Commission to comment on this item Commissioner Paris believed that the preservation of the community is what is existing and not preserving what could be there under the maximum density allowed by lot splits Commissioner Paris felt that the lot design was inappropriate in that measurements for the lot size, and the contiguous area was PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 6 slightly over the minimum requirements, and, believed that there would be a negative impact in the surrounding community He stated that Rolling Ridge Road was not a typical street and that the Commission should treat this case in a special manner Commissioner Slayden stated that the applicant's proposed plans were in compliance with the City's Code and he supported Staff's recommendation Commissioner Vannorsdall agreed with the comments of Commissioner Slayden and also supported Staff's recommendation. Commissioner Clark was sympathetic towards the neighbor's for their input regarding the subject property. He stated that neighborhood compatibility did not apply to the lot subdivision and felt that the applicant complied with the City's requirements Commissioner Clark stated that in recent years, the Commission had considered applications that were similar to the proposed project and that prior and future subdivisions should be approved based on merit Commissioner Pans interjected and stated that the square footage of the lots was not the sole criteria in determining the proposed subdivision and then strongly expressed his beliefs that the lot design was inappropriate. Commissioner Alberio concurred with the comments of Commissioner Paris. He was concerned that future construction of a home for Lot No 2 would be smaller than construction of a home for Lot No 1 and, therefore appear incompatible with the surrounding homes in the neighborhood Commissioner Albeno strongly felt that neighborhood compatibility should apply to the proposed subdivision and be included in the conditions. Vice Chairman Lyon also sympathized with the neighbors, however stated that the applicant had a right to develop their property within the established zoning codes of the City He felt that a compromise could have been reached to preclude the further subdivision of Lot No 1 Chairman Cartwright echoed the comments of Commissioner Clark and also stated that neighborhood compatibility for this subdivision was not the issue at hand He felt that the subdivision was logical and saw no basis in denying the applicant" request. Commissioner Clark moved to accept Staffs recommendation to adopt P.C. Resolution No. 99-21; thereby conditionally approving Tentative Parcel map No. 24679. The motion was seconded by Vice Chairman Lyon and passed by a roll -call vote, (5-2) with Commissioners Alberio and Paris dissenting. Chairman Cartwright noted the 15 -day appeal period PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 7 RECESS AND RECONVENE At 9 27 p m the Commission recessed until 9.37 p m when they reconvened 4. Height Variation No. 827 and Grading Permit No. 1887 — Extension: Magda Kispal. (applicant) 7455 Alida Place. Associate Planner Fox informed the Commission of the latest addition to this item He explained that the applicant, Mrs Kispal withdrew her request for an extension for Height Variation No 827 and Grading Permit No 1887. The applicant submitted a request for Administrative approval for re -issuance of these permits and architectural plans for the home had been submitted into plan check Mr Fox explained that there was no longer an extension request before the Commission that evening and that the planning permits and approvals were now valid for this project Director/Secretary Rous clarified that at the last meeting, Staff recommended that the Commission grant a one-time, one-year extension for the Height Variation and Grading Permit Staff had determined that this application "package" was valid for 1 -year and would expire June 9, 1999 Mr Rous contacted the City Attorney and discussed this determination In researching and preparing a response, the City Attorney identified other available options to extend these approvals First, the applicant could continue with the extension request, based upon Staff's interpretation The Planning Commission could then decide whether or not to extend these approvals Second, the applicant could withdraw the extension request and acknowledge that the approvals were expired She could then request administrative re -issuance of these approvals as permitted by the Development Code Director/Secretary Rous discussed these options with the applicant and she chose to exercise the second option Mrs Kispal submitted a letter to the City that afternoon, withdrawing her request for an extension for the Height Variation and Grading Permits, thereby effectively acknowledging that they had expired in December 9, 1998 Director/Secretary Rous then re -issued these permits under the provisions of the Development Code and stated that the applicant submitted structural plans into plan check that afternoon Therefore, there was no extension request before the Commission and it was not necessary for the Commission to take any action on this item Chairman Cartwright asked if there were any speakers for this item and Staff replied that there were two requests to speak Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Commissioner Paris and passed. PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 8 Mr Harold Reaves 7435 Alida Place, distributed copies of the tax records for the subject property and noted that the applicant had sold the subject property to Mr Forrest Ebbs on May 7, 1999 Mr Reaves asked for clarification if Mrs. Kispal could still request re -issuance of the permits if she no longer owned the property Director/Secretary Rojas replied that the approvals run with the land and it is Staff's understanding that it is the responsibility of the property owner to extend those permits Staff had verified that afternoon that Mrs Kispal was the current owner of the property, based on information retrieved from the Los Angeles County Assessor records. Mr. Rojas stated that the information distributed by Mr Reaves referred to the property across the street and not the subject property. Mr. Reaves distributed the second page of his handout to Staff He stated that this additional information appears to show that the subject property (7455 Alida Place) had been sold to someone else. Director/Secretary Rojas stated that Staff would look into this matter Mr Ted Shield, 1 World Trade Center, Long Beach, CA, stated that he was unaware of the applicant's withdrawal of the request for an extension until that evening and asked why he was not informed of this new information. Director/Secretary Rojas replied that Staff had just received the letter from Mrs Kispal that afternoon, requesting the withdrawal of the extension for the Height Variation and Grading Permit. Commissioner Slayden moved to close the Public Hearing. The motion was seconded by Vice Chairman Lyon and passed. Chairman Cartwright summarized the discussion and stated that the applicant (Mrs Kispal) submitted a letter to the City indicating withdrawal of her request for an extension for Height Variation No 827 and Grading Permit No. 1887. Chairman Cartwright stated that Staff had re -issued these approvals in compliance with the Development Code that Staff's decision could be appealed by any interested party within 15 days to the Planning Commission. Director/Secretary Rojas assured all interested parties that they would be notified of the Director's decision in writing Regarding the information submitted by Mr Reaves, Staff will contact the City Attorney and will research further whether the applicant is still the property owner or not, and will hold the re -issuance in abeyance until that issue is resolved Director/Secretary Rojas informed the Commission that the Development Code does allow these permits to be re- issued for up to one year from the expiration date (December 9, 1998 to December 9, 1999) Further, Staff will return to the next meeting with an update for the Commission PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 9 Commissioner Paris asked if a new homeowner was required to file for an extension if they were revising their plans within one year Director/Secretary Rojas replied that all approvals run with the land and that the purchaser of a piece of property would inherit all the approvals that were previously issued by the City. Commissioner Paris asked what would happen if the approvals lapsed and Director/Secretary Rous replied that the Code allows the owner a one year period to request re -issuance of the approvals ITEMS TO BE PLACED ON FUTURE AGENDAS: Staff 7. Pre -Agenda for the Planning Commission Meeting of June 22, 1999. Commission Commissioner Clark requested for an update on the Ocean Trails Site at the June 22, 1999 Planning Commission Meeting Commissioner Slayden informed Staff that he was unavailable for the June 22, 1999 Planning Commission Meeting COMMENTS FROM THE AUDIENCE None ADJOURNMENT At 10 25 p.m. Commissioner Alberio moved to adjourn the meeting to Tuesday, June 22, 1999 in the Community Room at Hesse Park, seconded by Commissioner Slayden The motion passed and with no objection form the Commission, it was so ordered by Chairman Cartwright, (7-0) W:\PC\Minutes\19990608 doc PLANNING COMMISSION MINUTES JUNE 8, 1999 PAGE 10