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PC MINS 20191210 05- Approved 1/28/20 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING DECEMBER 10, 2019 CALL TO ORDER The meeting was called to order by Vice Chairman Leon at 7:05 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Commissioner Perestam led the assembly in the Pledge of Allegiance.. ATTENDANCE Present: Commissioners James, Nelson, Perestam, Santarosa, and Vice Chairman Leon. Absent: Commissioner Saadatnejadi Also present were Interim Deputy Director Silva, Interim outgoing Deputy Director Fox, Acting City Manager Mihranian, Senior Planner Seeraty, Senior Planner Alvarez, Associate Planner Yoon, and City Attorney Gerli. APPROVAL OF AGENDA COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER JAMES TO APPROVE AGENDA AS PRESENTED. THE MOTION PASSED 5-0. COMMUNICATIONS City Council Items: Interim Deputy Director Silva reported that at the November 6th City Council meeting, the City Council adopted Ordinance No. 630 codifying the 2019 California Building Standards Code. Interim Deputy Director Silva also reported that at the November 19th City Council Meeting, the City Council: 1) adopted Resolution No. 2019-61, approving the Natural Communities Conservation Plan/Habitat Conservation Plan; and 2) adopted Resolution No. 2019-62, certifying an environmental impact report related to code amendments to the city's Landslide Moratorium Ordinance to allow Development in Zone 2 of the city's landslide moratorium area. Interim Deputy Director Silva also reported that at the December 4th City Council meeting, The City Council: 1) welcomed two new council members, David Bradley and Barbara Ferraro; 2) completed a reorganization where Mayor Pro-Tem Cruikshank was selected Mayor and Councilman Alegria was selected as Mayor Pro-Tem; and 3) adopted Ordinance No. 631 which included Code Amendments to the City's Landslide Moratorium Ordinance related to development in Zone 2. Staff: Interim Deputy Director Silva introduced Interim Director of Community Development, Terry Rodrigue. Commission: Commissioner Nelson wished everyone a happy holiday season. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): None CONSENT CALENDAR 1. APPROVAL OF THE OCTOBER 22, 2019 P.C. MINUTES COMMISSIONER JAMES MOVED, SECONDED BY COMMISSIONER NELSON, TO APPROVE THE OCTOBER 22, 2019 P.C. MINUTES. THE MOTION PASSED 5-0 CONTINUED PUBLIC HEARINGS None CONTINUED BUSINESS: None NEW PUBLIC HEARINGS: 2. CONDITIONAL USE PERMIT (CASE NO. PLCU2019-0006): 580 Silver Spur Road (IA) Kit Fox, prior Interim Deputy Director, presented the staff report with an overview of the applicant's request to allow a veterinary clinic to operate within a 4,605ft2-leasing space on the lower level of an existing two-story commercial building. Discussion ensued between the Planning Commission and Staff regarding the annual compliance review mentioned in the staff report. Staff reported the compliance review is mandatory per the municipal code. The Planning Commission also inquired about the State requirements for the operation and maintenance of equipment located within the veterinary clinic. Staff recommended amending Condition No.17 of the proposed Conditions of Approval to ensure that equipment is operated and maintained pursuant to State requirements. COMMISSIONER JAMES MOVED, SECONDED BY COMMISSIONER NELSON TO ADOPT P.C. RESOLUTION NO. 2019-29, APPROVING, WITH CONDITIONS, A CONDITIONAL USE PERMIT TO ALLOW A VETERINARY CLINIC TO OPERATE WITHIN A 4,605FT2- LEASING SPACE ON THE LOWER LEVEL OF AN EXISTING TWO-STORY COMMERCIAL BUILDING, WITH MODIFICATIONS TO CONDITION Planning Commission Minutes December 10, 2019 Page 2 NO. 17, REQUIRING PROJECT COMPLIANCE WITH ALL APPLICABLE STATE REQUIREMENTS, MOTION PASSED ON A VOTE OF 5-0. 3. CONDITIONAL USE PERMIT REVISION, SITE PLAN REVIEW, AND GRADING PERMIT (CASE NO. PLCU2019-0005): 3432 Palo Vista Drive (AS) Senior Planner Seeraty presented the staff report requesting the construction of a new swimming pool and spa, a built-in barbecue, a 307ft2 patio cover, and a fireplace supported by an 8'-tall combination wall and 78yd3 of grading to accommodate these improvements with an overall lot coverage of 35%. Vice Chairman Leon opened the public hearing Tomas Gonzales- spoke in opposition of the project. He requested removal of the fireplace for health and safety reasons. He also mentioned that while he originally had view impairment concerns, after Staff explained the codes regarding views, he understood more about the view ordinance. Discussion ensued between the Planning Commission and Staff regarding possible smoke entering neighboring houses from the proposed outdoor fireplace. Staff stated the fireplace is gas, therefore, having minimal smoke. Tom Dobos- the landscape architect for the project, addressed the Planning Commission questions regarding the fireplace and suggested that the top of the fireplace could possibly be reduced in height to address the neighbor's concerns. However, this was not discussed further by any of the Planning Commissioners. Vice Chairman Leon closed the public hearing COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER PERESTAM TO ADOPT P.C. RESOLUTION NO. 2019-30; THEREBY CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT REVISION, A SITE PLAN REVIEW, AND GRADING PERMIT TO ALLOW THE CONSTRUCTION OF A NEW SWIMMING POOL AND SPA, BUILT-IN BARBECUE, A 307 SQ FT PATIO COVER, AND A FIREPLACE WITHIN A RAISED PATIO AREA SUPPORTED BY AN 8'-TALL COMBINATION WALL AND 78YD3 OF GRADING TO ACCOMMODATE THESE IMPROVEMENTS AND TO ALLOW THE LOT COVERAGE TO INCREASE FROM 30% TO 35%. MOTION PASSED ON A VOTE OF 4-0, WITH COMMISSIONER JAMES RECUSED. 4. APPEAL OF SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY (CASE NO. PLSR2019-0031): 26104 Basswood Avenue (JY) Planning Commission Minutes December 10,2019 Page 3 Associate Planner Yoon presented the staff report with background on the project. The Appellant requested to overturn the Director's approval of a Site Plan Review with Neighborhood Compatibility for the construction of a 703ft2 single-story addition along the south side facade and ancillary improvements. Staff recommended that the Commission uphold the Director's decision with modifications to the proposed square footage of the addition and percentage of the lot coverage to reflect the resolution reached by the Applicant and the Appellant. Vice Chairman Leon opened the public hearing Ivo Rijadi- the Applicant and property owner of 26104 Basswood Avenue reiterated a resolution had been reached between the Appellant and homeowner to reduce the size of the proposed addition. Vice Chairman Leon closed the public hearing. Discussion ensued between the Planning Commission and Staff regarding the appeal itself as there has been a resolution reached by the Applicant and the Appellant. Staff confirmed that the appeal was not formally withdrawn by the Appellant and as the project will be modified, the appeal remains valid and requires the Planning Commission to render a decision. COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER JAMES TO ADOPT P.C. RESOLUTION NO. 2019-31, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE DIRECTOR'S DECISION TO APPROVE A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY TO ALLOW THE CONSTRUCTION OF A 501 FT2 SINGLE-STORY ADDITION ALONG THE SOUTH SIDE FACADE AND ANCILLARY IMPROVEMENTS WITH MODIFICATIONS TO CONDITION NO. 20 AND 22 OF THE CONDITIONS OF APPROVAL AT 26104 BASSWOOD AVENUE. MOTION PASSED ON A VOTE OF 5-0. 5. GRADING PERMIT REVISION (CASE NO. PLRV2019-0004): 3815 Palos Verdes Drive South (JA) Senior Planner Alvarez presented the staff report requesting a proposal to revise Condition Nos. 22 and 28 of P.C. Resolution No. 2001-36 for Grading Permit No. 2191, originally approved by the Planning Commission on October 9, 2001. The requested revision, would remove the maximum allowable wall or fence elevation height restriction (395' above sea level) and replace it with language that allows for the installation of a 14" tall garden wall along the rear yard property line and to remove the maximum mature foliage height restriction of 16'. The revision also requests to change the maximum allowable vegetation growth height level from 395' (above sea level) to a maximum height level not to exceed 12 inches above the base of the proposed rear Planning Commission Minutes December 10, 2019 Page 4 yard property line wall, respective to the adjacent properties located at 32353, 32405, and 32413 Sea Raven Drive. Senior Planner Alvarez stated that he believes the Planning Commission could make all the findings required of the permit revision, including that the proposed wall will not cause a significant view impairment to neighboring properties. Vice Chairman Leon opened the public hearing. George Fink, property owner of 32345 Sea Raven Drive, spoke in favor of the project proposal. He stated that in the past there were foliage related compliance issues on the Applicant's property, but felt hopeful that a new set of Conditions of Approval would make compliance easier to achieve in the future. Joyce Fink, property owner of 32345 Sea Raven Drive, spoke in favor of the project proposal. She thanked Staff for working on the project. Susan Fink, the daughter of the property owners at 32345 Sea Raven Drive, spoke in opposition of the proposed project, but stated that her parents are good neighbors to the Applicant. Nasreen Khosravian, property owner of 32405 Sea Raven Drive, spoke in opposition of the project. She stated that when she received notice of the proposal, she questioned the motive behind the proposal because she does not believe the proposed wall would enhance privacy for the Applicant's property. She suggested that the Applicant lay a single line of bricks across the property line to demarcate the property line instead of constructing a 14" tall wall. Vice Chairman Leon closed the public hearing. Discussion ensued between the Planning Commission and Staff regarding clarification of the property lines, view protection, and the prior Conditions of Approval. The Commission and Staff also discussed how the height of the 14" wall proposal was established. Staff further clarified that after providing notice to surrounding residents of the proposed wall, Staff did not receive any correspondence opposing the proposed wall. Commissioner James suggested reopening the public hearing to consider further testimony from Nasreen Khosravian, the Applicants and the Finks. Vice Chairman Leon reopened the public hearing. Heru and Waty Wiredja, the Applicants and property owners of 3815 Palos Verdes Drive South addressed the Planning Commission stating they originally proposed a 4' tall fence to identify the rear property line, but agreed to propose a 14" tall wall. Commissioner James asked Nasreen Khosravian if there is wall height level that is acceptable. Planning Commission Minutes December 10, 2019 Page 5 Nasreen Khosravian stated that a single layer of bricks, located at the property line, should be used as the demarcation between her property at 32405 Sea Raven Drive and the Applicants' property. Vice Chairman Leon closed the public hearing. Discussion ensued between the Planning Commission and Staff regarding additional clarification of the relationship between the grade elevations on each property adjoining the Applicants' property and the existing Conditions of Approval limiting vegetation to 395' above sea level. Staff emphasized that the recommended revisions would correct inadvertent errors concerning the 395' height restriction. Commissioner James asked Staff about the future construction of a wall adjoining 32339 Sea Raven Drive. Staff clarified that there is a common property line that adjoins 32339 Sea Raven Drive and the Applicants' rear yard property. COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER SANTAROSA TO ADOPT P.C. RESOLUTION NO. 2019- 32; THEREBY AMENDING CONDITION NOS. 4, 20, 22, 28 AND 31 OF P.C. RESOLUTION NO. 2001-36 TO ALLOW, WITH CONDITIONS, THE INSTALLATION OF A 14-INCH-TALL GARDEN WALL ALONG THE REAR YARD PROPERTY LINE AND, WITH REMOVAL OF THE 16' FOLIAGE HEIGHT RESTRICTION, TO ALLOW FOLIAGE TO GROW TO A MAXIMUM HEIGHT LEVEL NOT TO EXCEED 12 INCHES ABOVE THE BASE OF THE PROPOSED REAR YARD PROPERTY LINE WALL, RESPECTIVE TO THE ADJACENT PROPERTIES LOCATED AT 32353, 32405, AND 32413 SEA RAVEN DRIVE, AND TO CHANGE REFERENCES FROM "PLANNING, BUILDING AND CODE ENFORCEMENT" TO "COMMUNITY DEVELOPMENT". MOTION PASSED ON A VOTE OF 4-1. NEW PUBLIC HEARINGS: NONE ITEMS TO BE PLACED ON FUTURE AGENDAS 6. PRE-AGENDA FOR THE MEETING ON JANUARY 14, 2020 THE PLANNING COMMISSION VOTED TO UNANIMOUSLY CANCEL THE DECEMBER 24, 2019 AND THE JANUARY 14, 2020 MEETINGS. 7. PRE-AGENDA FOR THE MEETING ON JANUARY 28, 2020 Planning Commission Minutes December 10,2019 Page 6 THE AGENDA WAS APPROVED AS PRESENTED. ADJOURNMENT The meeting was adjourned at 9:02 P.M. For the complete video archive of this Planning Commission meeting go to https://rpv.g ran icus.com/player/clip/3552?view id 55 Planning Commission Minutes December 10, 2019 Page 7