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PC MINS 20070410 Appr v May 8, 0 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING APRIL 10, 2007 CALL TO ORDER The meeting was called to order by Chairman Gerstner at 7:08 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. FLAG SALUTE Commissioner Karp led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Karp, Knight, Ruttenberg, Tetreault, Vice Chairman Perestam, and Chairman Gerstner. Absent: Commissioner Lewis was excused. Also present were Director of Planning, Building, and Code Enforcement Rojas, Deputy Director Pfost, Assistant Planner Mikhail, and Assistant Planner Kim. APPROVAL OF AGENDA The Agenda was unanimously approved as presented. COMMUNICATIONS Director Rojas distributed one letter of correspondence for Agenda Item No. 3. He also reported that at the Aril 3, 2007 City Council meeting there was no quorum to hear the Equestrian Code Amendment and that item will be heard by the City Council on May 1, 2007. COMMENTS FROM THE AUDIENCE (regarding non-agenda items) None CONSENT CALENDAR 1. Variance, Site Plan Review, Grading Permit, and Extreme Slope Permit (Case No. ZON2006-00097: 2873 Colt Road Director Rojas noted a change to the Resolution in Section 19, noting that the language should read that the Planning Commission approved the Variance for the Jacuzzi and the Grading Permit for the retaining walls. The Planning Commission adopted P.C. Resolution 2007-22 with acknowledgment that the Resolution was corrected by staff, and the vote in the Resolution should be reflective of the March 24, 2007 Planning Commission decision (6-0). 2. General Plan Amendment, Zone,Change, Coastal Specific Plan Amendment, Coastal Permit, Tentative Tract Map, Variance, Height Variation, & Grading Permit (Case No. ZON2005-000536 & SUB2005-00006 et al) Continued the review of the draft Resolution to the April 24, 2007 Planning Commission meeting, as recommended by staff. (6-0) CONTINUED BUSINESS 3. Coastal Permit, Height Variation, and Site Plan Review (Case No.,ZON2006- 00168): 13 Seacove Drive Director Rojas presented the staff report, giving a brief history of the project and how the project had been modified since last reviewed by the Planning Commission. He explained that staff was able to make the necessary findings and was recommending approval of the project. Vice Chairman Perestam asked if the project was re-silhouetted. Director Rojas answered that the project was not re-silhouetted, as the overall height is now less than the previous submittal. Chairman Gerstner noted there is a two-story entry element, and thought that this type of entry element is usually discouraged. Director Rojas answered that staff does focus on the entry element, however in this case staff felt the entry element blends in with the project and staff did not feel it was a concern. Chairman Gerstner opened the public hearing. Tino Khvanq 13 Seacove (applicant) explained that at the previous meeting the Planning Commission had asked him to redesign his project. He noted that the previous privacy concerns were because of the proposed third story, which he has eliminated. He also noted that he took the third story and put it under the house rather than over the house. Planning Commission Minutes April 10,2007 Page 2 Chairman Gerstner closed the public hearing. Vice Chairman Perestam stated that his issues from the previous design have been addressed and he could now support the project. Commissioner Knight also felt that his major concerns about the project have been addressed in the re-design. He noted that he is still not happy with the large entry element, however. Commissioner Tetreault agreed that the two-story tower entry is usually not an element he would approved, however in this case the entry breaks up what might be a boxy look to the front of the house. Commissioner Ruttenberg stated that his concern was originally regarding neighborhood compatibility and, even though this is still proposed to be a rather large house, it is now more in keeping with the other homes in the neighborhood. Commissioner Karp moved to adopt P.C. Resolution 2007-23 thereby conditionally approving the Coastal Permit, Height Variation, and Site Plan Review as recommended by staff, seconded by Vice Chairman Perestam. Approved, (5-1) with Commissioner Ruttenberg dissenting. PUBLIC HEARINGS 4. Height Variation & Site Plan Review (Case No.. ZON2006-00553): 26341 Basswood Avenue Assistant Planner Mikhail presented the staff report, explaining the scope of the project and the need for the Height Variation. She stated that staff was able to make all of the necessary findings and was recommending approval of the project, as conditioned. Commissioner Knight asked if the proposed Open Space Hazard Line relocation was part of this application. Assistant Planner Mikhail answered that is not part of the application before the Planning Commission at this time, as it is being handled outside of this particular application. Chairman Gerstner opened the public hearing. Robert Hawkinson 26341 Basswood Ave (applicant) stated he was available for any questions. Commissioner Tetreault noted his concern with the proposed large two story wall along the side of the house with a very short sideyard setback. He felt this could be very Planning Commission Minutes April 10,2007 Page 3 imposing to the next door neighbor, and asked if he had considered setting that wall back a little bit. Mr. Hawkinson explained that he had discussed the plans with the neighbor, who did not seem to have a problem with the wall. He noted that this neighbor did have a concern with the windows, which have been addressed. Chairman Gerstner closed the public hearing. Commissioner Karp stated that he generally does not like two-story homes, however in this case it seems to be the best alternative. He noted the neighborhood is in transition, and the houses are getting bigger. He stated he was very supportive of the project. Commissioner Tetreault noted that the two other two-story homes in the neighborhood are down the street further and slightly tiered. He also noted that this applicant really doesn't have too many options when adding on to his home, and was generally supportive of the project. Commissioner Knight felt the feeling of the neighborhood is single story, however he agreed that there are not many options on this property for an addition other than two- story. Commissioner Tetreault moved to adopt P.C. Resolution 2007-24, thereby conditionally approving the Height Variation and Site Plan Review and recommended by staff, seconded by Commissioner Knight. Approved, (6-0). 5. Height Variation Permit& Grading Permit (Case No. ZON2006-00528): 27591 Palos Verdes Drive East Assistant Planner Kim presented the staff report, explaining that a portion of the project (driveway improvements) was previously approved by the Planning Commission in 1997, but expired due to inactivity. She explained the scope of the project and the need for the Height Variation and Grading Permit, and noted that staff was able to make all of the necessary findings to approve the applications. Therefore, staff was recommending approval of the project, as conditioned in the staff report. Commissioner Knight noted that the staff report and the Resolution discusses an 8 foot retaining wall and asked staff to clarify the location of that wall. Assistant Planner Kim noted that the wall is actually a 5 foot retaining wall, which she confirmed with the architect, and that reference to the 8 foot wall in the Resolution should be modified to reflect a 5 foot retaining wall. Commissioner Karp stated that the Condition of Approval calls for a minimum 10 foot driveway, and felt that 10 feet is much too narrow for a house of this size. He asked if there was any reason not to require a 20 foot minimum width for the driveway. Planning Commission Minutes April 10,2007 Page 4 Assistant Planner Kim explained that 10 feet was the minimum required by the Municipal Code, and there would be no problem changing it to 20 feet in the Conditions of Approval. Chairman Gerstner opened the public hearing. Tim Rasicz (architect) discussed the style of architecture used, which he felt was common to the neighborhood and community. He felt the key element to the design of this house was the way it is recessed into the hill, so that this two-story home will be no taller than a one-story home would beat this location. Vice Chairman Perestam asked if the chimneys are at their minimum required height. Mr. Rasicz answered that they are at the minimum height allowed by Code, and that they may appear taller on the plans because of the spark arrester. Director Rojas added that a Condition of Approval can be added that the chimneys will be at the minimum height allowed by Code. Doug Maupin (owner) stated that he is very pleased with the design of the house, and that the majority of his neighbors are very supportive of his project. Commissioner Knight asked where the access is to the garage. Mr. Maupin answered that it is behind the old house. Chairman Gerstner closed the public hearing, Vice Chairman Perestam referred to No. 18 on the Resolution regarding the foliage analysis, and asked if it might make the Resolution more clear to count the Eucalyptus trees in questions or say "all trees" along the driveway or north boundary so that something doesn't fall through the cracks. Assistant Planner Kim answered that changing the wording to be more clear will not be a problem. Director Rojas suggested language which states that a foliage analysis conducted by staff reveals there are several Eucalyptus trees and Pine trees in the rear and side yards of the property that significantly impair a view. In order to restore the neighboring properties view, all the trees in the rear yard and side yard that significantly impair a view shall be trimmed and maintained at a height not to exceed the ridgeline. The Planning Commission agreed on this language. Planning Commission Minutes April 10,2007 Page 5 Commissioner Karp requested that the minimum width of the driveway be changed from 10 feet to 18 feet. The Planning Commission agreed. Commissioner Tetreault did not feel the findings for neighborhood compatibility could be made. He stated that he could find no homes in the immediate neighborhood that looked at all like this proposed home. He stated that there are quite a few fairly large Mediterranean style homes in the City, however he did not see any in this neighborhood. He also did not think that�this home provided the setbacks that are prevalent in the neighborhood, noting that there is quite a large space between the homes in this neighborhood. He acknowledged that the home met minimum setback requirements, it just did not have the setbacks prevalent in the homes in the neighborhood. He stated that this property could not accommodate horse keeping, and the other homes in the neighborhood can. Chairman Gerstner asked staff if this property would comply with the Equestrian District Ordinance currently before the City Council. Assistant Planner Kim answered that the property would provide enough room to keep two horses, under the Ordinance before the City Council. Commissioner Knight asked staff if they had been able to determine if the setbacks for this proposed project are comparable to the setbacks in the neighborhood. Assistant Planner Kim explained that the only way staff can compare setbacks is to look at an aerial photograph of the neighborhood, and in doing so staff did feel that the proposed setbacks were comparable to others in the neighborhood. Commissioner Karp did not think the Planning Commission should look at a prospective Ordinance regarding horse keeping when making a decision on a current project before the Planning Commission. Commissioner Tetreault felt that the prevailing architectural style, look, and feel of the homes on Palos Verdes Drive East is that of ranch homes, and this looks nothing like a ranch home and cannot be used as a ranch home. He did not think this home was compatible at all, and if this home is approved he wondered what would not be compatible. Commissioner Ruttenberg agreed with Commissioner Karp that the Planning Commission should not be predicting what the City Council will do with the proposed Equestrian Ordinance before them and did not feel that this owner or others that come before the Planning Commission should be required to make the modifications to their property simply because they don't comply with a proposal before the City Council. Planning Commission Minutes April 10,2007 Page 6 Chairman Gerstner did not agree with that because whether the property is able to keep horses is not a reason to deny the project. He did wish that the house design looked more like a ranch style home, however he felt that there are so many different styles of homes on Palos Verdes Drive East that he was hesitant to say this proposed home was inconsistent with the neighborhood. Commissioner Karp didn't think the style of the home really mattered, as the house is set back so far from the street that it won't be seen. Commissioner Knight appreciated the comments made by Commissioner Tetreault, and while he agreed that he would like to help preserve horse keeping in the community, he did not think there was a finding relating to horse keeping in regards to neighborhood compatibility. Commissioner Karp moved to adopt P.C. Resolution 2007-25 thereby approving the Height Variation Permit and Grading Permit, seconded by Commissioner Ruttenberg. Commissioner Ruttenberg moved to amend the motion to change the minimum width of the driveway from 10 feet to 18 feet, and to change the wording regarding the trimming of the trees as discussed earlier. The amendment was accepted by Commissioner Karp. Commissioner Knight moved to amend the motion to change Condition 15 to not exceed 5 feet, rather than 8 feet. The amendment was accepted by Commissioner Karp, seconded by Commissioner Ruttenberg. Commissioner Perestam moved to amend the motion so that the chimneys do not exceed the minimum height required by the Building Code. The amendment was accepted by Commissioner Karp, seconded by Commissioner Ruttenberg. The motion to adopt P.C. Resolution 2007-25, as amended, was approved, (5-1) with Commissioner Tetreault dissenting. NEW BUSINESS S. Grading Permit (Case No. ZON2007-00070): Trump National Deputy Director Pfost presented the staff report, giving a brief background of the project and explaining the scope of the project before the Commission. He stated that staff was able to make the necessary findings to recommend approval of the Grading Permit, Planning Commission Minutes April 10,2007 Page 7 noting that this proposal is consistent with past City Council actions, consistent with the Conditional Use Permit, and consistent with past Planning Commission actions on the Trump property. Chairman Gerstner opened the public hearing. Luis DeMoraes 6101 W Centenela Ave, Culver City (architect) stated that this request is consistent with the previous requests, and he was available to answer any questions. There being no questions, Chairman Gerstner closed the public hearing. Commissioner Knight stated that he has two public safety concerns with this proposal, the first being the back-up generators failure for the septic system. He stated that if there is a power failure many years from now, he felt it was possible that many of these generators will not be operable. He asked if there was a possibility to add a condition that requires an independent certification every three years that the generators are operational. Deputy Director Pfost explained that the Planning Commission can certainly,add such a condition, however the implementation of the condition may be difficult. Commissioner Knight also requested that, since this area is so close to the coastline, the soils can have high sulfuric acids in them, and asked that there be soils tests to see what the level of caustic elements is, and if necessary, proper mitigation be implemented. Commissioner Knight moved to approve the Grading Permit, as amended to add the conditions that there be a way to certify the generators are in an operable condition and the condition that a soils engineer analyze the soil for sulfur content and determine whether or not appropriate mitigation is needed to protect the concrete walls of the habitable area, seconded by Commissioner Tetreault. Commissioner Tetreault asked if it might be more prudent to ask staff, knowing what the concerns of the Commission are, to come back at the next meeting with a proposal that is consistent with the concerns, but is something the City can work with. He also suggested that the public hearing be continued and ask the applicant to come back with specifications on an inverter system that would be comparable to the generator system specified. Chairman Gerstner re-opened the public hearing to get any feedback from the applicant. Luis DeMoraes stated that he understood the concerns of the Planning Commission, however he felt that the continuance was a bit unnecessary. He stated that he has designed many projects in this City and the issue of the sulfur content has never been raised. Regarding the emergency generator, again he understood the concerns, Planning Commission Minutes April 10,2007 Page 8 however he questioned how many precautions are needed before a project is approved. He stated that he is not aware of how the inverter system works and would be happy to do the investigation into the system. Chairman Gerstner closed the public hearing. Commissioner Knight withdrew his original motion and made a motion to continue the public hearing to April 24, 2007 to address the concerns expressed by the Planning Commission, seconded by Commissioner Tetreault. Approved, (6-0). APPROVAL OF MINUTES 7. Minutes of March 27, 2007 Commissioner Knight noted a typo on page 11 of the minutes. Commissioner Tetreault noted a clarification on page 12 of the minutes. Commissioner Knight moved to approve the minutes as amended, seconded by Commissioner Tetreault. Approved, (6-0). ITEMS TO BE PLACED ON FUTURE AGENDAS 8. Pre-Agenda for the meeting of April 24, 2007 , The pre-agenda was reviewed and approved. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Planning Commission Minutes April 10,2007 Page 9