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CC MINS 19941129 ADJM I N U T E S ADJOURNED REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL NOVEMBER 29, 1994 The meeting was called to order at 6:00 P.M. by Mayor Kuykendall at Rancho Palos Verdes City Hall Community Room, notice having been given with affidavit thereto on file. Following the Pledge of Allegiance to the flag, roll call was answered as follows: PRESENT: BROOKS, McTAGGART, LYON, BYRD & MAYOR KUYKENDALL ABSENT: NONE Also present were City Manager Paul Bussey, Planning and Building Director Bret Bernard, City Clerk Jo Purcell, Public Works Director Trent Pulliam and City Attorney Carol Lynch. APPROVAL OF AGENDA: Councilman Byrd moved, seconded by Councilwoman Brooks, to approve the agenda as presented. Motion carried. APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF FULL READING: ADOPTED A MOTION TO WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ADOPTED AT THIS MEETING WITH CONSENT TO THE WAIVER OF READING DEEMED TO BE GIVEN BY ALL COUNCILMEMBERS AFTER THE READING OF THE TITLE. ORDINANCE NO. 302 - RECONSTRUCTION OF DAMAGED, NON- CONFORMING MULTI - FAMILY STRUCTURES (1203 x 1801) ADOPTED ORDINANCE NO. 302 OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.68 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 39 TO ALLOW THE RECONSTRUCTION OF DAMAGED, NON - CONFORMING MULTI- FAMILY STRUCTURES IN NON - CONFORMING RESIDENTIAL ZONES. ORDINANCE NO. 303 - RELOCATING COASTAL SETBACK LINE (1203 x 1802) ADOPTED ORDINANCE NO. 303 OF THE CITY OF RANCHO PALOS VERDES RELOCATING THE COASTAL SETBACK LINE FROM ITS CURRENT POSITION TO THE TOP OF THE BLUFF (APPROXIMATELY 40 FEET SEAWARD FROM THE REAR OF THE EXISTING HOUSE) AT 16 SEACOVE DRIVE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE (ZONE CHANGE NO, 23)0 ORDINANCE NO. 304 - VIEW RESTORATION & PLANNING COMMISSION MEETING DATES ( 3 01 x 110 3 ) ADOPTED ORDINANCE NO* 304 OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN CHANGES TO THE MUNICIPAL CODE RELATIVE TO THE MEETING DATES FOR THE PLANNING AND VIEW RESTORATION COMMISSIONS, AND CHANGING THE TITLE OF THE VIEW RESTORATION COMMITTEE TO THE VIEW RESTORATION COMMISSION AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: BYRD, McTAGGART, BROOKS, LYON & MAYOR KUYKENDALL NOES: NONE ABSENT: NONE RESOL. NO. 94 -92 - VARIANCE NO. 367 -- REVISION ( 1203 x 1804 ) Director Bernard presented the November 29, 1994 staff memorandum recommending that Council adopt the proposed resolution ratifying the City Council's decision to uphold the Planning Commission's action to deny the appeal of Variance No. 367 Revision and Grading Permit No. 1714 Revision, thereby denying the proposed project to add 2,729 sq. Ft. of additional habitable area to the multi -level home and the associated 435 cu. yards of grading and construction that would occur within an extreme slope. Speaking to the matter of Variance No. 367 was Milan Veteska, 5503 Graylog Street, who stated his disagreement with the Planning Commission's denial of his variance particularly since he felt there were homes built with similar caisson features. He felt that his proposed 5,000 sq, ft. home would be compatible with the neighborhood. David McCrary, 5507 Elmbank Road, representing the Silver Spur Beautification Association which he said was formed because of concern about objections to any change that has been proposed for that neighborhood. He said he would like to see a compromise with regard to the Vesteka project, that there were ways to make building on the extreme slope safe, that somebody building or remodeling their home today would not build it in a fashion representative of the 1950s and that his association wanted to reach a compromise and promote a community that wants to grow. Tom Matharu , 5303 Bayr idge Road, said that when people buy property they find out what can be built on the property, and that there are four or five people in that neighborhood who opposed any change. He suggested that there should be signs telling people what they can't do. He said that most of the people who complained about this project did not live in the line of sight of the property. City Council Minutes November 29, 1994 Page 2 City Attorney Lynch opined that the issue with the Vesteka property was the extreme slope and the use of caissons, not the style and architectural features. Councilwoman Brooks announced that she would abstain from voting on this matter because she was absent from the November 15 Council Meeting when the project was discussed. A brief Council discussion ensued during which hope was expressed that the Vestekas would be able to work out a compromise and the .question was asked if the project could be denied without prejudice thus allowing the Vestekas to submit a new application for a redesigned project within twelve months. Councilman McTaggart moved, seconded by Councilwoman Lyon to reconsider the denial of this project. The motion failed on voice vote with Councilmembers Byrd and Kuykendall voting no, Councilmembers Lyon and McTaggart voting yes and Councilwoman Brooks abstaining. Councilman McTaggart moved, seconded by Councilwoman Lyon that RESOL. NO. 94 -92 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RATIFYING THE CITY COUNCIL'S DECISION TO UPHOLD THE PLANNING COMMISSION'S ACTION TO DENY THE APPEAL OF VARIANCE NO* 367 REVI S ION AND GRADING PERMIT NO. 1714 REVISION, THEREBY DENYING THE PROPOSED PROJECT TO ADD 21729 SQ. FT. OF ADDITIONAL HABITABLE AREA TO THE MULTI -LEVEL HOME AND THE ASSOCIATED 435 CU. YARDS OF GRADING AND CONSTRUCTION THAT WOULD OCCUR WITHIN AN EXTREME SLOPE be amended to add a section stating that the project was denied without prejudice. Motion carried on the following roll call vote: AYES: BYRD, McTAGGART, LYON & MAYOR KUYKENDALL NOES: NONE ABSTAIN: BROOKS RECESS TO CLOSED SESSION: At 6:15 the meeting recessed to a Closed Session on motion of Councilman McTaggart. RECONVENE & ADJOURNMENT: At 8:30 P.M. the meeting reconvened and the City Attorney reported that the Council directed the City Attorney to send a letter responding to the letter from Leonard Hampel, Esq. The vote was 5 - 00 MAYOR ATTES : DEPUTY C:IT CLERK A:112994cm nov 2994 ccmins City council Minutes November 29, 1994 Page 3