MEMORANDUM TO: THRU: HONORABLE MAYOR AND CITY COUNCIL ANTON DAHLERBRUCH, CITY MANAGER /S/ Agenda Item #: 5A,B, & C Mtg. Date: 5/9/17 FROM: SUBJECT: SHERI REPP-LOADSMAN, DEPUTY CITY MANAGER/ PLANNING & BUILDING DIRECTOR /S/ PLANNING COMMISSION ACTIONS OF MARCH 20, MARCH 21 & APRIL 18, 2017 DATE: MAY 9, 2017 The following items were acted upon by the Planning Commission on March 20, March 21 & April 18, 2017. The Council may, within fifteen days after the date of the decision on or before the first day following the first Council meeting after the date of the Planning Commission decision, whichever occurs last: 1. Confirm the action of the Planning Commission and grant or deny the application; 2. Set the matter for public hearing and dispose of it in the same manner as on an appeal; or 3. Amend, modify, delete, or add any condition of approval which the Council finds is not substantial under the circumstances relative to or affecting the property subject to the application for a development entitlement. Any determination of the Council pursuant to this paragraph shall be conclusive and final. In the event the Council does not take one of the actions specified above within the period of time required, the decision of the Planning Commission shall be final. Recommendation: Receive and file. Web links to 3/20/17, 3/21/17 & 4/18/17 Planning Commission Agendas and Staff Reports: PC 3/20/17: http://pvestates.granicus.com/generatedagendaviewer.php?view_id=1&clip_id=928 PC 3/21/17: http://pvestates.granicus.com/generatedagendaviewer.php?view_id=1&clip_id=929 PC 4/18/17: http://pvestates.granicus.com/generatedagendaviewer.php?view_id=1&clip_id=940 1 001
A. MARCH 20, 2017 PLANNING COMMISSION ACTIONS 1. NC-1578/G-1584/M-1162-16; Consideration of Neighborhood Compatibility, Grading & Miscellaneous Applications for a new single family residence located at 4072 Via Valmonte. Lot 17, Block 6321, Tract 7143. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Douglas J. Leach, Architect 119 W. Torrance Blvd. # 24 Redondo Beach, CA 90277 Grant & Sheri Patterson Action: Commissioner Lazzaro moved and Chairman Thomas seconded to approve the applications (2-1 in favor, Kao dissenting, Welch recused, Evans absent) with standard conditions. 2. NC-1588/M-1179-17; Consideration of Neighborhood Compatibility & Miscellaneous Applications for a new single family residence located at 3411 La Selva Place. Lots 3 & 4, Block 6102, Tract 6887. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Pritzkat & Johnson Architects, Inc. 306 Vista Del Mar, Suite A Redondo Beach, CA 90277 John & Hollie Brekke 71 Valmonte Plaza Action: Commissioner Welch moved and Commissioner Lazzaro seconded to approve the application (4-0 in favor, Evans absent) with standard conditions and the following additional conditions: 1) The project creates, adds or replaces more than 10,000 square feet of impervious surface and portions of the lot being graded/excavated exceed 25% grade; thus, the project shall comply with the City s municipal NPDES permit and requirements set forth in Municipal Code 13.08.060, Section C; 2) The onsite drainage system, as proposed, concentrates flow in the northwest corner of the property. Adequate drainage outlet into parklands will need to be addressed during design; 3) Replace existing non-standard driveway with City standard driveway per City Standard Plan ST-10; and 4) The existing ficus tree adjacent to 3405 La Selva Place as depicted on the plan shall not be removed. 2 002
3. NC-1587-17; Consideration of a Neighborhood Compatibility Application for additions and remodeling to the single family residence located at 2525 Via La Selva. Lots 8 & 9, Block 1700, Tract 6882. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Jeffrey A. Dahl 1102 Main St. Huntington Beach, CA 92648 David & Lorna West Action: Commissioner Welch moved and Commissioner Lazzaro seconded to approve the application (3-1 in favor, Kao dissenting, Evans absent) with standard conditions and the following additional conditions: 1) The existing curb shall be removed and reconstructed per City Standard. Curb on Via La Selva shall consist of the Valmonte PV Stone Curb per Standard Plan ST-29; and 2) The front walkway shall be re-aligned to avoid damaging or removing the existing street tree subject to the determination of the Urban Forester. 4. Proposed Amendment to Chapter 18.55 and addition of Chapter 18.57 of the Palos Verdes Estates Municipal Code regarding Wireless Communication Facilities. Action: Chairman Thomas moved and Commissioner Welch seconded to recommend approval (4-0 in favor, Evans absent) to the City Council of an amendment to the Palos Verdes Estates Municipal Code by amending Chapter 18.55 in order to regulate wireless communications facilities with the following additional amendments: 1) The public rights-of-way shall be modified as presented to the Planning Commission by Telecom Law Firm and City Staff; 2) The noticing period for an eligible facilities request shall be revised to send notice to the immediately adjacent neighbors instead of noticing to neighbors within a 300 ft. radius; 3) The wording in the master plan application content shall be revised from operator intended to serve the City to wireless service provider intended to serve the City ; and 4) A definition for wireless service provider shall be provided in the Ordinance. 3 003
B. MARCH 21, 2017 PLANNING COMMISSION ACTIONS 1. CUP-92/NC-1586/M-1168-16; Consideration of Conditional Use Permit, Neighborhood Compatibility & Miscellaneous Applications for a new detached accessory structure located at 2116 Paseo Del Mar. Lot 5, Block 2100, Tract 7331. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Luis De Moraes 27010 Springcreek Rd. Rancho Palos Verdes, CA 90275 Tom Colich Action: Commissioner Welch moved and Commissioner Lazzaro seconded to approve the applications (3-0 in favor, Thomas and Evans absent) with standard conditions and the following additional conditions: 1) Upon issuance of the building permit, the owner shall enter into a written agreement with the City to allow for future inspections beyond the closing of the permit to verify that at no time a kitchen is installed inside the accessory structure and the structure is not being used for commercial business purposes. The City shall be granted access to the site throughout the life of the accessory structure with a minimum 24-hour notice to the owner of record. 2. NC-1575/G-1579-16; Consideration of Neighborhood Compatibility & Grading Applications for a new single family residence located at 2116 Chelsea Road. Lot 5, Block 2200, Tract 7331. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Tomaro Architecture 2617 N. Sepulveda Blvd., #100 Manhattan Beach, CA 90266 Arshak & Carla Kotoyantz 3730 Skypark Dr. Torrance, CA 90505 Action: Commissioner Lazzaro moved and Commissioner Welch seconded to approve the applications (2-1 in favor, Kao dissenting, Thomas and Evans absent) with standard conditions and the following additional conditions: 1) A licensed survey of the building coverage shall be completed and submitted to the City to verify compliance with the approved building coverage for the subject lot; 2) To ensure the existing street tree is not damaged by the new driveway, the Urban Forester shall determine the minimum separation needed between the new driveway and the street tree. Plans shall be revised to comply with the recommended separation by the Urban Forester; and 3) The main ridgeline shall be reduced by 8. 4 004
3. M-1170-17; Consideration of a Miscellaneous Application for non-standard encroachments within the City right-of-way at the single family residence located at 715 Paseo Del Mar. Lot 5, Block 1432, Tract 6886. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Rainville Design Studio 1632 Aviation Blvd. Redondo Beach, CA 90278 Jackie & Greg Geiger Action: Commissioner Lazzaro moved and Commissioner Welch seconded to approve the project (3-0 in favor, Thomas & Evans absent) with standard conditions and the following additional conditions: 1) Construction plans and specifications shall be submitted to the City for review and approval by the City Engineer; 2) The drive approach shall be constructed per City Standard Plan ST-10; 3) A license agreement shall be executed prior to issuance of an encroachment permit. A license agreement shall be submitted to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, costs, charges, and expenses, including attorney s fees, and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment; 4) A license agreement shall be submitted to reimburse the City for any costs incurred by the City to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment; and 5) The grasscrete driveway materials shall be maintained so as to provide an appropriate surface to allow for vehicular movement. The applicant shall provide adequate provision of grass or other landscape material to minimize the public view of the grasscrete driveway material. The grasscrete shall be removed and be replaced with an approved driveway material if, in the opinion of the Public Works Director, the grasscrete or associated landscape are not maintained and the property owner has failed to provide corrective measures after being provided with written notice. 4. NC-1589/G-1592/M-1178-17; Consideration of Neighborhood Compatibility, Grading & Miscellaneous Applications for additions and remodeling to the single family residence located at 1624 Via Zurita. Lot 4, Block 1483, Tract 6889. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Mark Scott Associates 2022 Orchard Dr. Newport Beach, CA 92660 Eric & Amanda Arosemena Action: Commissioner Kao moved and Commissioner Lazzaro seconded to approve the applications (2-1 in favor, Welch dissenting, Thomas and Evans absent) with standard conditions and the following additional conditions: 1) The existing non-standard encroachments within the public right-of-way, which include but are not limited to, walls and planters, shall be removed. 5 005
Proposed retaining walls shall not be constructed within the public right-of-way; 2) Prior to plan check submittal, the topographic survey shall be reviewed and confirmed for accuracy with the City Engineer; and 3) Runoff from tributary offsite area shall be conveyed around the structure to the street via an adequate, non-erosive conveyance system. 5. Request to appeal the Director s determination of a Minor Modification application for NC-1553/G-1566-16; Neighborhood Compatibility & Grading Applications for a new single family residence located at 1304 Palos Verdes Drive West. Lot 7, Block 6, Tract 8043. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Appellant: Simon Salehi 1300 Palos Verdes Dr. West Tomaro Architecture 2617 N. Sepulveda Blvd. #100 Manhattan Beach, CA 90266 Lydia & Kevin Tracy 1304 Palos Verdes Dr. West Action: Commissioner Welch moved and Commissioner Lazzaro seconded to affirm the Director s Determination to approve (4-0 in favor, Thomas and Evans absent), in part, a minor modification application with the following modifications: 1) The staircase on the northeast side of the property shall be removed; 2) A hedge or alternative landscape privacy screening along the northeast side property line shall be installed and in conformance with the requirements of the Los Angeles County Fire Department; 3) A covenant shall be recorded on the property stipulating that the storage area on the first floor shall remain as storage and at no time shall be used for habitable purposes; 4) The window to door change at the second story breakfast nook is not approved and a window shall remain; and 5) All other proposed modifications have been approved. 6 006
C. APRIL 18, 2017 PLANNING COMMISSION ACTIONS 1. Planning Commission Resolution No. 2017-1008; Affirming the Planning Commission s decision to uphold the Director s determination to approve, in part, a Minor Modification application for NC-1553/G-1566-16 with additional modifications for the single family residence located at 1304 Palos Verdes Drive West. Lot 7, Block 6, Tract 8043. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Appellant: Simon Salehi 1300 Palos Verdes Dr. West Tomaro Architecture 2617 N. Sepulveda Blvd. #100 Manhattan Beach, CA 90266 Lydia & Kevin Tracy 1304 Palos Verdes Dr. West Action: Commissioner Welch moved and Commissioner Evans seconded to approve (5-0 in favor) Planning Commission Resolution No. 2017-1008 affirming the Planning Commission s decision to uphold the Director s approval, in part, of a Minor Modification application at 1304 Palos Verdes Drive West, subject to conditions. 2. M-1174-17; Consideration of a Miscellaneous Application for an after-the fact approval for non-standard encroachments within the City right-of-way at the single family residence located at 1024 Via Nogales. Lot 2, Block 1632, Tract 7330. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Applicant/ Greg Charlap Action: Commissioner Welch moved and Commissioner Evans seconded to approve the application (4-0 in favor, Thomas recused) with standard conditions and the following additional conditions: 1) A license agreement shall be submitted to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, costs, charges, and expenses, including attorney s fees, and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment; and 2) A license agreement shall be submitted to reimburse the City for any costs incurred by the City to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment. 7 007
3. M-1180-17; Consideration of a Miscellaneous Application for an after-the fact approval for fencing exceeding the allowable height within the setback adjacent to the street at the single family residence located at 2100 Paseo Del Mar. Lot 1, Block 2100, Tract 7331. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Joseph Spierer Architects, Inc. 707 Torrance Blvd. #100 Redondo Beach, CA 90277 Clark Hsu Action: Commissioner Welch moved and Commissioner Evans seconded to approve the applications (5-0 in favor) with standard conditions. 4. M-1175-17; Consideration of a Miscellaneous Application for an after-the fact approval for non-standard encroachments within the City right-of-way at the single family residence located at 532 Via Del Monte. Lot 9, Block 1619, Tract 6885. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Applicant/ Norman Wong Action: Commissioner Chang moved and Commissioner Welch seconded to approve the application (5-0 in favor) with standard conditions and the following additional conditions: 1) A license agreement shall be submitted to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, costs, charges, and expenses, including attorney s fees, and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment; 2) A license agreement shall be submitted to reimburse the City for any costs incurred by the City to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment; and 3) Applicant shall be required to reconstruct the stairs upon notification from the City that a sidewalk or other improvement is proposed within the public right-of-way. 5. M-1188-17; Consideration of a Miscellaneous Application for non-standard encroachments within the City right-of-way at the single family residence located at 804 Via Del Monte. Lot 5, Block 1539, Tract 6884. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Tomaro Design Build, Inc. 2617 N. Sepulveda Blvd., #100 Manhattan Beach, CA 90266 8 008
Michael McNamara 3236 Via La Selva Action: Commissioner Welch moved and Commissioner Evans seconded to approve Option B presented in the application (5-0 in favor) with standard conditions and the following additional conditions: 1) A license agreement shall be submitted to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, costs, charges, and expenses, including attorney s fees, and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment; and 2) A license agreement shall be submitted to reimburse the City for any costs incurred by the City to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment. 6. CDP-101/WT-148-16; Coastal Development Permit and Wireless Telecommunication Facilities Applications for a new facility within the City right-of-way in the center median on Palos Verdes Drive West northeast of 1300 Palos Verdes Drive West or on the north side of Palos Verdes Drive West. Crown Castle NG West LLC 300 Spectrum Center Dr., #1200 Irvine, CA 92618 Action: Commissioner Thomas moved and Commissioner Welch seconded to approve the Alternate 5 location in the applications (5-0 in favor) with standard conditions and the following additional conditions: 1) Permitee shall install and at all times maintain in good condition an RF Notice and Network Operations Center Information sign on the steel pole at approximately 10 feet AGL; 2) Permitee shall ensure that all RF signage complies with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions; 3) The steel pole and cabinet shall be automatically dedicated to the City by the applicant immediately upon building department approval of the actual installation, and the applicant shall enjoy no ownership rights or claims to the pole and cabinet whatsoever once so approved. The steel pole, as its primary function, is a street sign pole. Wireless use is only a secondary use of the street sign pole; 4) The steel pole shall be designated as a replacement for the existing pole to be removed, and after installation, the replacement pole shall be dedicated to the City for a fee of $1.00 so that it is clear for federal law purposes that replacement pole maintain its primary use and function as a City traffic sign support; 5) The steel pole shall be burnished prior to painting. The pole and antennas must be painted a flat dark brown, or other color selected by City Staff, and maintained in the same condition thereafter; 6) The equipment cabinet shall be painted dark green or other color selected by City Staff to blend in with the existing surrounding environment; 7) All cables interconnecting the antennas and all transmission equipment should run within the pole except as minimally required to connect to the antennas; 8) This authorization shall expire at 12:01 a.m. on the day following the tenth (10th) anniversary of the date the building permit for this site is issued. Unless this 9 009
authorization is renewed prior to the expiration date, following whatever the applicable procedure is at that time, the wireless facility permitted herein shall be promptly removed at applicants sole cost and expense, and any damage to the land, pole and/or cabinet shall be promptly repaired by applicant; 9) Attached traffic sign shall be installed in accordance with the MUTCD (Manual Uniform Traffic Control Devices) California Edition; 10) Attached traffic sign shall be with approved hardware per the City s Maintenance Foreman; 11) The applicant shall work with City Staff to provide appropriate landscaping to screen the proposed cabinet and related equipment; 12) PCC curb and gutter may need to be extended from its existing terminus to some point north of the antenna and pedestal, subject to review by the City Engineer. If curb and gutter is required, a plan and profile shall be prepared as well as cross-sections to determine its effect on the slope; 13) The final cabinet location shall be subject to review and approval by City staff; 14) The height of the pole shall be reduced to 16 ft.; and 15) The installation shall utilize flush mount brackets and ninety degree connectors to the maximum extent possible. 7. Planning Commission Resolution No. 2016-0980; Confirming the Planning Commission s approval, in part, and denial, in part, of M-1131-16; Consideration of a Miscellaneous Application for encroachments in the City Parklands at the single family residence located at 1445 Via Coronel. Lot 7, Tract 30905. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Applicant/ Cyrus & Jessica Irani Action: The Planning Commissioner declined to adopt PCR 2016-0980, as written, and reopened the application for discussion. Commissioner Welch moved and Commissioner Thomas seconded to deny the application (3-1 in favor, Evans dissenting, Chang recused) for encroachments in the City Parklands. A denial resolution will be brought back for adoption at the next Planning Commission meeting. 8. NC-1584/G-1590/M-1171-16; Consideration of Neighborhood Compatibility, Grading & Miscellaneous Applications for a new single family residence located at 2004 Muros Place. Lot 56, Tract 30905. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Peha & Associates 67 14 th St. Hermosa Beach, CA 90254 2004 Muros LLC 1520 Via Martinez Action: Commissioner Lazzaro moved and Commissioner Evans seconded to approve the applications (3-1 in favor, Welch dissenting, Chang recused) with standard conditions and the following additional conditions: 1) The project creates, adds or replaces more than 10,000 square feet of impervious surface; thus, the project shall comply with the City s municipal NPDES 10 010
permit and requirements set forth in Municipal Code 13.08.060, Section C; 2) The far right chimney shall be removed; 3) The two remaining chimneys shall be reduced in height and shall not exceed a height of 1 ft. above the ridgeline; and 4) Both of the primary ridgelines shall be reduced by 3 ft. 9. NC-1590/G-1594-17; Consideration of Neighborhood Compatibility & Grading Applications for a new single family residence located at 560 Via Media. Lot 2, Block 1412, Tract 6886. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Fabio Rigo De Righi 10956 Weyburn Ave #210 Los Angeles, CA 90024 Bradley & Natalia Hofman Action: Commissioner Welch moved and Commissioner Evans seconded to approve the applications (5-0 in favor) with standard conditions and the following additional conditions: 1) A licensed survey of the building coverage shall be completed and submitted to the City to verify compliance with the approved building coverage for the subject lot, and 2) The plans shall be revised to show that the existing garage will comply with the minimum 25 ft. front yard setback. The deck above may encroach into the setback a maximum of 5 ft. 10. NC-1595/G-1598/M-1185/M-1186-16; Consideration of Neighborhood Compatibility, Grading & Miscellaneous Applications for additions & remodeling to the single family residence & non-standard encroachments within the City right-of-way located at 2216 Via Guadalana. Lot 10, Block 1632, Tract 7330. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Rosa Velazquez 118 S. Catalina Ave #N Stephen & Josephine Balzano Action: Commissioner Welch moved and Commissioner Evans seconded to approve the applications (4-0 in favor, Thomas recused) with standard conditions and the following additional conditions: 1) The existing and proposed retaining walls and planters within the Public right-of-way shall be removed; 2) Curb and gutter shall be constructed along the property frontage in accordance with APWA Standard Plan 120-2. This will require removal of the non-standard wall and planter encroachments. Street plans, including plan and profile, shall be prepared by a Registered Civil Engineer for construction of the curb and gutter in accordance with City Standards, and approved by the City Engineer; 3) A licensed survey of the building coverage and total lot coverage shall be completed and submitted to the City to verify compliance with the approved building coverage and lot coverage for the subject lot; 4) A license agreement shall be submitted to defend, indemnify, and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, 11 011
demands, costs, charges, and expenses, including attorney s fees, and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any person arising out of or in any way connected to the encroachment; 5) A license agreement shall be submitted to reimburse the City for any costs incurred by the City to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment; and 6) Payment to the City treebank shall be submitted for the removal of the existing street tree. 11. M-1181/M-1187-17; Consideration of Miscellaneous Applications for walls & fences exceeding the allowable height & non-standard encroachments within the City right-ofway at the single family residence located at 812 Via Conejo. Lots 9, 10 & a portion of Lot 8, Block 1537, Tract 6884. This project is exempt from CEQA pursuant to California Administrative Code Title 14, Chapter 3, Section 15303. Applicant/ Cindy Oberman Action: Commissioner Chang moved and Commissioner Lazzaro seconded to approve the applications (5-0 in favor) with standard conditions and the following additional conditions: 1) The hedge height shall be maintained to a maximum height of 1 ft. above the existing fence height; 2) The width of the hedge is to be maintained per the direction of the Director; and 3) The curbing along Via Conejo that was damaged due to prior construction shall be repaired. 12 012