Loading...
PC MINS 20150512 Approved May 2 2015 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING MAY 12, 2015 CALL TO ORDER The meeting was called to order by Chairman Nelson at 7:03 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Nick Resich led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Cruikshank, Gerstner, James, Leon, and Chairman Nelson. Vice Chairman Tomblin arrived during item No. 4. Absent: Commissioner Emenhiser was excused. Also present were Community Development Director Rojas and Senior Planner Kim. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Director Rojas reported that at their May 5th meeting, the City Council heard an appeal of the Planning Commission's approval of a new residence on Knollview Drive and directed that the project be redesigned to address neighborhood compatibility concerns of the City Council. Director Rojas reminded the Commission of the upcoming Rancho Palos Verdes Leadership Academy and to notify the City by May 19th if they are interested in participating. Director Rojas distributed one item of late correspondence for agenda item No. 2, one item on agenda item No. 3, and one item on agenda item No. 5. Chairman Nelson reported that he and some other Commissioners attended the recent community leader's breakfast. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): None CONSENT CALENDAR 1. Approval of April 14, 2015 Minutes Commissioner Cruikshank moved to approve the consent calendar, seconded by Commissioner Leon. Approved, (5-0). CONTINUED BUSINESS 2. Appeal of Grading Permit (Case No. ZON2013-00526): 29073 PVDE Director Rojas noted that staffs recommendation was to continue the public hearing to June 9, 2015 to allow the applicant additional time to redesign the project to address the neighborhood and Commission concerns. However, today the applicant notified staff that he needs more time. Therefore, staffs amended recommendation is to continue the public hearing to the June 23rd meeting. Commissioner Gerstner moved to continue the public hearing to June 23, 2015, seconded by Commissioner James. Approved without objection. PUBLIC HEARINGS 3. Variance (Case No. ZON2015-00144): 30506 PVDW Senior Planner Kim presented the staff report giving a brief history of this case and the need for the Variance request. She explained that a lawsuit between the neighbors ensued, and a Settlement Agreement was recently reached. She explained that the garage has a reduced side yard setback of 2.23 feet and requires a Variance. She explained that staff believes the Variance can be granted because the new easement allows the applicant to place and maintain landscaping, and to traverse and have ingress and egress over the easement area. This allows the applicant to use this property as they would other areas in their side yard, and conceptually this use in the easement is no different than having the property line extended. She stated that staff feels the circumstances in which this matter has been resolved is extraordinary, and allowing the garage to remain as is with the reduced setbacks is necessary for the preservation and enjoyment of a substantial property right of the applicant. Therefore, staff is recommending approval of the proposed Variance. She added that the staff report, Resolution, and Settlement Agreement have been reviewed by the City Attorney. Commissioner Cruikshank asked staff if this garage and wall project were to happen today would staff require a licensed survey in order to get approval from the City. Senior Planner Kim explained that staff would not require a survey, however explained that if an applicant is proposing a minimum setback staff would require as a condition of Planning Commission Minutes May 12, 2015 Page 2 approval that the applicant submit a setback certification as part of the building and safety process. Director Rojas added that because of the cost of a survey staff does not automatically require a survey for every application. However, if staff feels there is a need for a survey, they will request it. He also noted that when this project was originally approved the City did not have the GIS system it has today and therefore was not able to note any issues with the accuracy of the property lines on the submitted plans. Chairman Nelson opened the public hearing. There being no speakers, he closed the public hearing. Commissioner James moved to approve the Variance as presented by staff, seconded by Commissioner Leon. The motion was approved without objection, thereby adopting PC Resolution 2015-08. 4. Grading Permit Revision (Case No. ZON2015-00184): 27501 Western Ave Senior Planner Kim presented the staff report, explaining in July 2014 the Planning Commission approved an office expansion to the administrative building at Green Hills with a strict deadline to finish the construction and remove the modular building that is currently in place. She explained that the plans were submitted to Los Angeles County Fire Department well in advance, however it took a period of nine months for the Fire Department to inform the applicant that additional improvements would be required for adequate emergency vehicle access. As a result, the applicant is proposing to widen the existing driveways and add retaining walls. In addition, they are proposing to remove two previously approved parking spaces and relocate one of the spaces to another area on the site. She noted that the net loss of one parking space will still leave a surplus of fourteen parking spaces for the administration building. Additionally, as part of the Building and Safety plan check process adequate ADA access and parking will be required. As a result the applicant is proposing to widen the driveway on the north side of the building and increase the parking area. She explained the proposed improvements are necessary to construct the Commission approved office addition, and is a condition of approval from both the Fire Department and Building and Safety, and without these improvements the applicant will not be able to obtain the building permit for the office addition. As such, staff was able to make all of the required findings and recommend that the Commission approve the revision as conditioned in the staff report. She noted that staff is also recommending a nine month extension to the original deadline, to create a new deadline of April 22, 2017. She explained that staff feels the applicant has made a genuine effort to complete this in a timely manner and the delays were necessitated by the Fire Department. Chairman Nelson opened the public hearing. Planning Commission Minutes May 12, 2015 Page 3 Nick Resich (representing Green Hills) stated he was available to answer any questions the Commission may have, and that they were very anxious to get their permits and get started with the project. Sharon Loveys stated this project was approved last summer, and since that time the internal investigation has found that Green Hills is not in compliance with their Conditional Use Permit. She questioned how the City can give them permission to do any new construction on their property. Chairman Nelson closed the public hearing. Chairman Nelson noted that Vice Chairman Tomblin had arrived and taken his seat at the dais. Director Rojas stated that the Commission had determined that there were some violations of the CUP at Green Hills. However, the Commission also noted the administration building was something that the City had wanted to see built for quite some time. Therefore, the Commission passed a resolution that allowed the administration building to move forward. He noted that all other development applications at Green Hills applications would not move forward. Commissioner Gerstner did not think it was uncommon for the Fire Department to do what they had done here with Green Hills, and there was really nothing the applicant could do about it. He commended the Fire Department for what they do and the actions they give, however he felt that the planning process with the Fire Department is extremely difficult and often times an unfair process. He felt that Green Hills appears to be doing the best they can to move this project forward. Commissioner James moved to adopt staff's recommendation, seconded by Commissioner Gerstner. The motion was approved, (6-0) thereby adopting PC Resolution 2015-09. NEW BUSINESS 5. Site Plan Revision (Case No. ZON2015-00091): 6 Kumquat Lane Director Rojas presented the staff report, explaining this was a request to waive the requirement to underground utilities for a new single family residence. He noted this new residence is in the active slide area within the City's Landslide Moratorium area. He noted staff is recommending the requirement be waived, as this is an active landslide area and that utilities should be above ground to avoid the possibility of rupture due to land movement, and any rupture that may happen will be quicker to detect if the utilities are above ground. Therefore staff is recommending the Commission waive the undergrounding requirement for the new house at 6 Kumquat Lane. Planning Commission Minutes May 12,2015 Page 4 Commissioner James referred to the late correspondence from Sunshine which suggests the house being built is on a different lot than the original house, and asked if that statement was accurate. Director Rojas explained that with a moving landslide and the City's position that the land moves but property lines do not, this house actually is on a different lot than it started on. He pointed out, however, that the lots are owned by the same individual. He noted the City Attorney has spent quite a bit of time on this issue when the application was first submitted, and determined that everything was appropriate. Commissioner Leon disclosed that he lives in the Portuguese Bend community, however he lives more than 500 feet away from the subject property and there is no conflict of interest. Chairman Nelson opened the public hearing, and there being no speakers he closed the public hearing. Commissioner James moved to adopt staff's recommendation, seconded by Commissioner Leon. Approved, (6-0). ITEMS TO BE PLACED ON FUTURE AGENDAS 6. Pre-Agenda for the meeting on May 26, 2015 Commissioner James asked that a progress report on the status of the General Plan update with an estimated completion date be included at the May 26th meeting. Vice Chairman Tomblin requested a status report on the Crestridge property landscape plan also be added to the May 26th agenda. ADJOURNMENT The meeting was adjourned at 7:35 p.m. Planning Commission Minutes May 12, 2015 Page 5