PC MINS 20130226 App edl
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION MINUTES
REGULAR MEETING
FEBRUARY 26, 2013
CALL TO ORDER
The meeting was called to order by Chairman Tetreault at 7:06 p.m, at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Commissioner Gerstner led the assembly in the Pledge of Allegiance.
ATTENDANCE
Present: Commissioners Gerstner, Leon, Nelson, Tomblin, Vice Chairman
Emenhiser, and Chairman Tetreault.
Absent: Commissioner Lewis was excused
Also present were Community Development Director Rojas, Deputy Director Pfost, and
Associate Planner Mikhail,
APPROVAL OF AGENDA
The agenda was unanimously approved as presented.
COMMUNICATIONS
Director Rojas reported that at the upcoming March 5th meeting the City Council will
hear the Commission's recommendation on the proposed Crestridge Senior Housing
project.
Director Rojas distributed one item of late correspondence related to agenda item No. 1
and four items of late correspondence related to agenda item No. 3.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items):
None
PUBLIC HEARINGS
1. Height Variation, Grading Permit, Extreme Slope Permit, Site Plan Review
(Case No. ,ZON2012-00172): 5345 Bayridge Road
Commissioner Gerstner stated he would recuse himself from this item due to the
proximity of the property to his residence. He then left the dais.
Associate Planner Mikhail presented the staff report, giving a brief history of the project
and explaining the current proposed project. She noted the applicant was proposing to
demolish the existing 1,989 square foot single story residence and build a new 4,7410
square foot, two-story home, She discussed the proposed floor plan and staff's
concerns as discussed in the staff report. She discussed the concerns of the neighbor
on Birchfield, the Holchers, noting that staff visited the property on two occasions. Staff
did not feel the view impact was significant, and with the redesign of the project the
Holchers agreed, Another neighbor, the Bradleys, also had a concern with view
impairment and privacy. She displayed photos taken from the Bradley residence and
explained that staff did not feel there was a significant view impact nor were there
unreasonable infringements to privacy. She stated that, overall, staff felt the applicant
has met most of the concerns that were relayed to them, however noted staff's
recommendations for modifications that would help with staff's concerns while allowing
the applicant to achieve their desired residence,
Commissioner Leon asked if there is an HOA in this community.
Associate Planner Mikhail did not believe there was an active HOA in this
neighborhood.
Commissioner Leon asked staff if they had received any correspondence from a
neighborhood organization about either keeping the scale and scope of the
neighborhood versus increasing the size of the housing stock in the neighborhood.
Associate Planner Mikhail answered that she has not received any such
correspondence, only communications from the neighbors.
Commissioner Nelson discussed structure size in the neighborhood, noting most are in
the 1,600 to 1,700 square foot range. He asked staff when the last time a house of this
size was approved in the City.
Director Rojas answered that he doesn't have that information as the City does not keep
data on the sizes of houses approved citywide.
Commissioner Nelson stated that he could not recall approving a house of only 1,600 or
1,700 square feet during the time he has been on the Planning Commission. He noted
that these homes are included in neighborhood compatibility analysis and he wasn't
sure they should be, as the size is out of date. He didn't think anyone would build a
house of this size today.
Director Rojas confirmed that proposals are not received for new 1,600 to 1,700 square
foot houses, however he explained that the city's neighborhood compatibility review
Planning Commission Minutes
February 26,2012
Page 2
process requires staff to look at proposed projects in the context of the twenty closest
homes, which may contain houses in the 1,600 to 1,700 square foot range.
Chairman Tetreault noted that the staff report recommends the Planning Commission
not approve the project as presently proposed and that it instead be reduced in size to
4,324 square feet. He noted the uniqueness of staff citing an exact number and asked
staff to explain the recommendation,
Director Rojas acknowledge that staff typically does not identify a square footage
number, however staff felt there was a unique situation in this neighborhood, in that the
City Council dealt with the issue of acceptable square footage fairly recently in
approving a house of a certain square footage on the street on appeal. Therefore, staff
felt this was a good target in terms of square footage that the applicant could build to.
Chairman Tetreault asked if this number is a ballpark number, as one 4,300 square foot
home can look very different from another 4,300 square foot home depending on
articulation and design.
Director Rojas answered that it would be considered a ballpark number.
Commissioner Tomblin recalled the previous house that was approved by the City
Council and the concerns the Planning Commission had when denying the project. He
asked staff to explain why the City Council chose to overturn the Commission's
recommendation and approve the neighboring project,
Director Rojas stated he had not read the minutes from the City Council meeting, but
recalled that the applicant successfully made a point to the City Council that the house
was designed in a way that minimized bulk and mass and that two-story homes are not
automatically prohibited in a predominately one-story neighborhood.
Chairman Tetreault opened the public hearing.
Domingo Ottolia (architect) explained this home is a product of a process of nine
months' worth of work and many changes. He discussed the original project and the
many changes that have been made over time. He discussed how he felt square
footage should be a balance between neighborhood compatibility, the owner's needs,
and the construction budget. He also looked at the housing stock in the neighborhood,
noting that almost all of the houses in the neighborhood are over 50 years old. He felt
this neighborhood is in transition, with a lot of new younger families moving in. He
understood staff's desire to reduce the square footage of the house, but asked that the
Commission consider the proposed 4,500 square foot home,
Steve Stigng (owner) stated he loves his neighborhood and has lived in his home for
over ten years. He stated he has been very conscientious and sensitive of the
neighbors and very proactive in addressing their concerns. In discussing the bulk and
mass and square footage that staff was concerned with, he explained that in comparing
Planning Commission Minutes
February 26,2012
Page 3
his design with the home under construction at 5329 Bayridge, he noted his lot is larger
and the house will be used as a family home rather than one for entertainment
purposes. He felt that the bulk and mass of the home has been hidden quite well and
the house is compatible with the neighborhood. He asked the Planning Commission to
approve the submitted design,
Yogi Matharu stated the previous owner of this house was nervous about building a
house on this lot that fit his needs, so he moved. He stated he has seen this pattern in
the neighborhood for quite a while, and felt that was a bad direction. He did not think
the size of a house should be limited, as that was already built into lot coverage and
setback restrictions. He also felt that a two-story house, by definition, would have more
open space on the lot. He felt money should be put into the neighborhood to improve
the houses, as the neighborhood is so old. He felt it was important to allow good
construction with quality efforts, while respecting views and hillsides. He felt that has
been done with this proposed house.
Jarrod Koch stated this is an unusual neighborhood as it is surrounded by hills and by
Palos Verdes Estates. In addition, the housing stock is very old. He also noted that the
property values are not as high in this neighborhood as he feels they should be because
of the location of the neighborhood. He felt that this neighborhood has a group of
elderly residents that have fought the development of this community. He felt that is a
shame, because it is such a nice community. However, this neighborhood is now
changing, as new younger families are moving in. He did not think it was a good
comparison to compare an older 1950s type house with the houses that are being built
today. He encouraged the Commission to approve the proposed residence.
John Bradley stated he too is very pleased to see the growth, expansion, and
development in this neighborhood. He stated he supports the project to a point,
however he noted his privacy concern and pointed out the area of concern on the
elevations. He requested that the glass on the second story be made some type of
obscure glass, as those windows will look directly into his main living space. He noted
that he does not want the applicant to change the design of the house or any other
features, only the second floor windows. He felt the windows, as currently proposed,
will cause a degradation of privacy and quality of life, as they will have to keep their
windows covered with no natural light.
Vice Chairman Emenhiser asked Mr. Bradley how many of the windows and doors on
the second floor he would request to be made translucent.
Mr. Bradley referred to the elevations and pointed to four specific windows and a door
on the south elevations.
Commissioner Leon asked the applicant if he would be willing to make the windows and
door pointed out by Mr. Bradley translucent.
Planning Commission Minutes
February 26,2012
Page 4
Domingo Oftolia answered that he spoke to the owner and explained that they did not
feel they are taking away any more privacy than already exists. He noted the front of
the Bradley's house is open to the street and: sidewalk. He also explained they wanted
to present a project that doesn't look like a fortress. He noted that the owner has been
very sensitive to the privacy of the neighbors on either side and to the rear of the
residence.
Commissioner Nelson asked if the owners will be putting up blinds or some type of
window covering to ensure their own privacy.
Mr. Ottolia answered that privacy works both ways, and the owners will have some type
of window coverings.
Chairman Tetreault closed the public hearing.
Vice Chairman Emenhiser asked staff if there is precedence in terms of privacy issues
from homes across the street or from non-abutting properties.
Associate Planner Mikhail explained that staff typically does not look at privacy
concerns from the front of a home because it's reasonable to assume that both
properties will be looking at each other from the front and any motorist or pedestrian will
be able to look into a home.
Director Rojas responded to an earlier question from Commissioner Tomblin about why
the Planning Commission denied approval of another house on the street. He stated he
was able to locate the staff report, and explained that the Planning Commission had
concerns with bulk and mass, the size of the project not being compatible with the
neighborhood, some privacy impacts, and view impairment concerns. The applicant
appealed the Planning Commission's denial to the City Council where the architect
presented a very detailed computer presentation to demonstrate what the house would
look like. In addition, there were twelve speakers in favor of the project at the City
Council meeting.
Vice Chairman Emenhiser realized this is a very difficult situation in that it is an older
neighborhood that is trying to evolve. He felt the applicant and architect have made
changes based on the concerns of the neighbors. He also noted that three of the eight
homes along this stretch of Bayridge Road are already two-story homes or are in the
process of trying to be a two-story home. He therefore was inclined to approve the
project as presented by the applicant.
Commissioner Nelson moved that the Planning Commission approve the project
as requested by the applicant which is alternative No. 2 of the staff report,
seconded by Commissioner Tomblin.
Chairman Tetreault did not think an older neighborhood in transition is a unique
situation in the City. He felt the idea behind neighborhood compatibility is to temper or
Planning Commission Minutes
February 26,2012
Page 5
slow down a rapid turnover of the housing stock so that something completely out of
place would not show up and cause distress to the neighborhood. He noted that most
of the applications heard by the Commission are for homes above the average size in
the neighborhood. In this particular home he was a bit concerned about the side yard
setbacks, noting the proposed setbacks are within code but are very close to the
minimum allowed set back. He noted that most of the homes in the neighborhood have
a five to six foot setback on one side and a ten foot or more setback on the other side,
which gives some space between homes, Therefore, this proposed home is not
consistent with the rest of the neighborhood in terms of size. He was concerned with
the side yard setbacks, the U shaped entrance, and the bulk and mass of the house.
He felt that quite a bit of work has been done on the design of this house, however he
felt more design work could still be done, and for those reasons he would oppose the
motion.
The motion to approve the project as requested by the applicant and to return at
the next meeting with a Resolution for adoption was approved, (3-2) with
Commissioner Leon and Chairman Tetreault dissenting, and Commissioner
Gerstner recused.
Commissioner Gerstner returned to the dais,
2. Height Variation Permit (Case No. ZON2012-00356): 30687 Ganado Drive
Associate Planner Mikhail presented the staff report, explaining the scope of the project
and the need for the Height Variation. She briefly discussed neighborhood
compatibility, noting staff could find no compatibility issues, privacy impacts, or view
issues. With that, staff was recommending the Planning Commission approve the
project as presented.
Commissioner Leon moved to approve the project as recommended and
conditioned by staff, seconded by Vice Chairman Emenhiser. PC Resolution
2013-06 was approved, (6-0).
3. General Plan Update — Direction regarding changes to Open Space Hillside
(Hazard) areas
Deputy Director Pfost presented the staff report, giving a recap of the proposed
changes and the Planning Commission's direction on the subject to this point. He
showed aerials of the areas discussed at the January 22nd Planning Commission
meeting, and how the Commission's vote affected those areas. He explained that since
the Planning Commission's original direction to staff at the end of 2012 occurred
through a public hearing, and now it appears the Commission is moving in a different
direction based upon its last decision, he felt it was imperative to take this public hearing
tonight to review that new direction. He explained that in the staff report he has
identified three options, noting option No. 2 is the direction the Commission gave in
September 2012 and option No. 3 is an option that the Commission moved forward with
Planning Commission Minutes
February 26,2012
Page 6
at the January 22nd meeting. He stated that option No. 3A is the same as option 3, only
it changes the designation for the hillside areas from Hazard to Hillside. He noted that
staff is still in favor of option No. 2, as staff feels it is more in line with the intent and
purpose of the original General Plan. However, considering the Commission's actions
on January 22nd concerning the 260 properties, staff is now seeking the Commission's
direction on perhaps an alternative option.
Commissioner Nelson referred to the minutes from the previous meeting where he
noted that if the line is removed from a property the County Assessor may increase the
property taxes, however if the line is added to the property he did not feel the Assessor
would lower the property taxes. He stated this is one of the major points he wanted to
make in bringing option No. 3 into action.
Commissioner Leon stated the Commission has received a few letters indicating that if
the Commission is recommending making changes to the General Plan that they go
through the entire process for a General Plan amendment. It was his understanding
that the Commission is currently going through the process for a General Plan
amendment through these series of meetings that have been going on through the past
two years.
Deputy Director Pfost answered that was correct, noting the General Plan amendment
process always starts with the Planning Commission through public hearings, The
Planning Commission then makes a recommendation to the City Council and the City
Council will review that recommendation.
Chairman Tetreault opened the public hearing.
Jeanne Lacombe stated she is the president of the Rolling Hills Riviera Homeowners
Association on the east side of the City. She pointed out two Open Space Hazard
areas on staff's map stating those areas are not connected with the rest of Rancho
Palos Verdes. She stated it is her recommendation, and it is the recommendation she
has had for the past several years, to remove the Open Space Hazard area from the
Eastview area. She stated all of the lots are currently developed and there are building
codes and processes in place to prevent people from building on an extreme slope.
She felt it would be unfair to many residents to add Open Space Hazard areas to their
lots,
Pete Lacombe questioned the need for an Open Space Hazard zoning. He stated that
in Chapter 15 of the Municipal Code there is a requirement that the Building Official
cannot issue a Certificate of Occupancy or a building permit when the Building Official
finds the proposed work could activate or accelerate a geological or geotechnical
hazard that could damage property. He questioned what the current proposal will
provide that the Building Code and Municipal Code do not currently provide. He stated
his recommendation is to eliminate the Open Space Hazard designation as he felt it is
redundant and unnecessary.
Planning Cornrnisslon Minutes
February 26,2012
Page 7
John McCowan (2064 Galerita) stated his property is right off the canyon Ms. Lacombe
spoke of. He stated he agrees with both Jeanne and Pete Lacombe and their
comments.
Richard Buchholz (27067 Silver Moon Ln) stated there is absolutely no movement at his
house and did not understand where the hazard designation comes in and who
determined there is a hazard. He stated he has a concrete patio at the side of his
house that is adjacent to the slope and it has only moved one inch in forty years. He
stated that he has no problem with calling the area Open Space Hillside, but has issues
with calling the area Open Space Hazard.
Robert Fisher stated he was in favor of staff recommendation 3 or 3A, but preferred 3A.
He explained that the map shows his home entirely within Open Space Hazard, but the
map was done some time before his house was built in 1963, When they built the
house they spent quite a bit of money on the grading of the lot, and therefore the grade
is very different now than when the map was drawn.
Maury Williams (2152 VanKarajan) stated his entire property is currently zoned Open
Space Hazard. He noted the city geologist has proposed to move the line to the edge
of the canyon, which he agreed with, and rezone the entire canyon as Open Space
Hillside. He thought that the direction had once again changed, and the current
direction is to remove that Open Space Hillside from the canyon above him and keep
his property as Open Space Hillside. He questioned what criteria is being used to
determine what is Open Space Hillside, noting this is not following the geologist's
recommendation and there appears to be no uniformity involved. He felt that in any
zoning that is going to be applied to properties there must be criteria to do so and it
must be uniform throughout the area. He agreed with Mr. Lacombe that the Open
Space Hazard designation should be eliminated.
Commissioner Gerstner addressed staff, stating that it was his understanding that what
staff and the Commission was attempting to do was to apply a consistent standard,
because the way Open Space Hazard was originally determined when the City was
incorporated appears to lack a consistent standard.
Director Rojas stated that was correct, noting on Mr. Williams's property how the
existing situation on his property makes no sense. Staff is attempting to apply a
standard based primarily on topography and extreme slopes.
Commissioner Gerstner then asked staff to clarify the difference between Open Space
Hazard and Open Space Hillside, noting he understood the two to be the same with the
exception that Open Space Hillside will allow for a Variance application to allow certain
structures on an extreme slope. He recalled the main reason for changing the name to
Open Space Hillside was to remove the word "hazard" from people's property.
Deputy Director Pfost stated that was correct.
Planning Commission Minutes
February 26,2012
Page 8
Janet Schoenfeld (6 Coach Rd) noted her property on the staff's aerial and stated that
she does not now, nor will she ever, have any intention of building in the cross-hatched
area of her property. Her concern is mainly the label that will be put on her property.
She noted that at the previous meeting she voiced her objections, and won't reiterate
them. She stated she very much concurs with the statements of the prior speakers,
noting there is a robust process in place to preserve land use and curb improper
development. She did not feel that adding this type of parcel level specificity adds
anything of large value to the overall process. She recommended, the Commission
adopt item No. 3 or 3A in terms of its recommendations.
Rein Kuhr (39 Oceanaire Dr) stated he was not sure of the status of his property. He
stated he went to City Hall but did not feel he received any real answer and has not
attended any of the Planning Commission meetings. He felt that if any of his property is
in the Hazard area he would be in favor of calling it Open Space, He noted that the
areas are not buildable, but if ever wanted to sell the property he would have to disclose
that part of his property is designated as Hazard, and felt that was ridiculous and unfair.
Chairman Tetreault explained that part of the proposal before the Commission is to
change the name from Hazard to Hillside, and asked Mr. Kuhr if he was in favor of
doing that.
Mr. Kuhr answered he would be in favor of that name change.
Gerard Melling (26600 Menominee PI) explained he came to the meeting to see how
this proposal would affect his property, with the understanding that the only real change
would be the change from Hazard to Hillside.
Director Rojas displayed the aerial showing Mr. Melling's property and the current OH
Boundary lines on the property, noting the current proposal is to move the line back
away from the house and down the canyon.
William Fain (3000 Via Campesina) felt this was a difficult situation, as on one hand
there are various provisions in the Code to deal with this issue, and on the other hand
this is a way of creating some predictability as to what the problem areas are. He felt it
does have to do with slope, but it also has to do with geology. He noted the peninsula
has some variation, as the side facing Catalina Island has different conditions than that
facing the north. He felt the mapping is needed, but should be applied in a certain way
so as to create some consistency. He felt the solution may come in the terminology, as
Hazard conveys an onerous condition. He thought the idea of hillside restricted areas
may be a bit friendlier, with the provision that it has the ability to have a Variance
process that can be applied for. He added that a Variance should only be granted in
very extreme and unusual conditions.
Chairman Tetreault closed the public hearing.
Planning Commission Minutes
February 26,2012
Page 9
Chairman Tetreault stated that at almost every public hearing the question has come up
as to why the City is doing this and how this all came about. He asked staff to explain
what this General Plan hazard designation does and how it differs from the zoning
ordinances.
Deputy Director Pfost explained the General Plan is the goal and policy document for
the City, as opposed to the Zoning Code which implements the General Plan. He
stated the General Plan provides the initial context of policy direction. He noted in the
staff report the section which discusses the creation of the General Plan Hazard
designation and states that the purpose of this district is to regulate use, development,
and alteration of land in extreme slope areas so essential natural characteristics such
as land form, vegetation, wildlife communities, scenic qualities, and open space can be
substantially maintained. He explained the original General Plan had an intent to try to
preserve these special areas that it noted as Hazard designation. The Zoning Code
came in with even more specific information for other areas that didn't necessarily
include the hazard designation,
Chairman Tetreault noted that what is currently before the Commission is changes to
the General Plan and not to the Zoning Code.
Deputy Director Pfost answered that was correct.
Vice Chairman Emenhiser stated there have been approximately ten Commission
meetings on this topic, and at every meeting there are public speakers with the same
concerns in regards to the impact on their property values, increases in their insurance,
the effect on their property taxes, and a general confusion about the process. He stated
he has heard the message and feels the process needs to be stopped. He hoped that
the other four Commissioners will remember their vote from last month and reconfirm
option No. 3, He noted that option No. 3A was an even better option than option No. 3.
Vice Chairman Emenhiser moved to adopt option No. 3A, as noted in the staff
report, seconded by Commissioner Nelson.
Commissioner Gerstner explained his concerns, explaining that in adopting option 3 or
3A the City is not applying a consistent standard, and could actually end up with a less
consistent standard than the current one. He stated the lines won't follow any
reasonable topography and will be a combination of something that was done without
aerial maps and topography combined current technology. He did not think this would
make any sense to anyone. He felt the current question as to why the lines are the way
they are, what standards were applied, and why it isn't consistent will actually get
worse. He explained that the reason the lines are there, in some regards, is to provide
some level of certainty to the people who own those properties and to the people who
will own those properties in years to come. He felt the lines provide some guidance to
people as to what exists there. In addition, in the General Plan there is a broader
understanding as to why those areas are Open Space Hazard, because it maintains the
character of the community, they are areas where we want natural vegetation, and
Planning Commission Minutes
February 26,2012
Page 10
natural wildlife. However, by adopting option 3 or 3A there will be no designation on the
property and a homeowner may go to staff and go through a process in finding out what
can and cannot be built and what can and cannot be developed on the property. He felt
most people would not want to find that out three months after they bought the property,
rather than knowing it before they bought the property. He therefore stated he
disagrees with option Nos. 3 and 3A, and felt option No. 2 was a better option. He
noted that even though more explanation was needed to the community, it seemed that
as people came to understand what was trying to be done there was acceptance and
understanding of it.
Vice Chairman Emenhiser felt that Commissioner Gerstner's comments made a case
for adopting option 3A. He noted that at every meeting there have been residents
speaking that state the new boundary goes through their house or through their
swimming pool or garage. He stated that every time a resident gets a notice that affects
their property they're troubled. He felt option No. 3A reduces the impact to the
residents, changes the name so that there is no Hazard designation on a property, and
reinforces the previous vote by the Commission at the previous meeting.
Commissioner Gerstner stated the designation is on a property to provide people who
are looking to develop, and people who want to guide the City in a certain consistent
way some understanding of what they can do and what the community wants to have
done. He felt that having the lines not have any consistency to them makes them
almost worthless. He didn't think this would help accomplish anything. He stated that
this will keep the property owners comfortable with the way their property is, but haven't
provided any benefit to anyone in the future who might want to develop these
properties, or more importantly, as the City works to not develop the hillside areas of
these properties.
Chairman Tetreault stated the lines means something, as they create land use
restrictions, He felt they were originally drafted in a rather inaccurate and unscientific
method. The new lines, while prepared by the geologist, were not scientifically drawn.
He noted a better job may have been done with the new lines because of better
technology, however they are not the result of an in-depth geological study done parcel
to parcel. To that extent, he felt these lines are somewhat arbitrary as well. He stated
that it has been confirmed that the original General Plan and zoning is inaccurate and
several properties are unjustly restricted in their use, and the geologist has
recommended those restrictions be removed or reduced. With that recommendation,
he felt the City was obligated to do so, as it would be unfair to those property owners to
do otherwise. However, he questioned the properties where the line further burdens
that property. He felt the best solution was to go to every property and have a geologic
analysis done of each property, but understood that was not possible. He felt that
option No. 3A was a good compromise. He felt this was a political decision, but could
not justify imposing land use restrictions on property owners that is not based upon a
scientific process.
Planning Commission Minutes
February 26,2012
Page 11
Commissioner Leon recalled the Commission had agreed that the Open Space Hillside
should allow for a variance process as part of the General Plan, whereas currently
Open Space Hazard does not.
Deputy Director Pfost responded that the Commission did not make that determination,
clarifying that Open Space Hillside would be a land use designation and therefore one
could not vary from that. However, the Commission was moving in the direction to allow
some improvements in the Open Space Hillside, such as a cantilevered deck over a
slope.
Commissioner Leon stated that was not his understanding when it was being discussed
at the previous meeting. He recalled that the he had suggested having a variance
process associated with the designation because there are unique situations associated
with many of the properties and the City should be able to deal with them on a case by
case basis.
Director Rojas explained that a variance process would have to be written into the
zoning to allow that, as legally the City cannot issue a variance for a land use restriction.
Commissioner Leon stated he theoretically agrees with Commission Gerstner that it is
better to use option No. 2 where there will be a consistent basis of boundaries drawn on
a map that match the slopes and geology, so that you end up with a shape that makes
sense on the ground. However, from a practical standpoint the City will be adding on an
encumbrance where there was not one before. He stated the Development Code
protects the City and the community from development on the lot that doesn't have the
encumbrance on it, as building will not occur on a slope of 35 percent whether it has an
Open Space Hazard designation or not. He felt it comes down to whether you want to
be theoretically correct or practically correct and he felt option No. 3A meets the
practical goals and did not think it was necessary to be theoretically accurate in this
instance.
Commissioner Nelson stated that he felt the Commission is trying to move towards
simplicity, and felt that option No. 4, eliminating the hazard designation entirely, would
be the best solution. However, he was in favor of option No. 3A. However, should
option No. 3A fail, he will support option No. 4,
Vice Chairman Emenhiser agreed with Commissioner Leon's comments that this is a
discussion between the practical and the theoretical. He felt that for the 250 properties
that are going to get an immediate improvement with this action, he will choose the
practical.
The motion to adopt option No. 3A for the purpose of updating the General Plan's
Hazard Land Use designation was approved, (5-1) with Commissioner Gerstner
dissenting.
Planning Commission Minutes
February 26,2012
Page 12
Chairman Tetreault asked staff if this decision only affects the properties that were
being discussed this evening, or if it applies to all affected properties in the City.
Deputy Director Pfost explained that this decision affects all hazard areas in the City.
He stated that the 260 properties the Commission dealt with in January will be modified
per option No. 3A and the remaining properties will come before the City with the
modifications made.
APPROVAL OF MINUTES
4. February 12, 2013 Minutes
Vice Chairman Emenhiser moved to approve the minutes as presented, seconded
by Commissioner Gerstner. Approved, (5-0) with Commissioner Nelson recused
since he was absent from that meeting.
ITEMS TO BE PLACED ON FUTURE AGENDAS
5. Pre-agenda for the meeting on March 12,2013
The pre-agenda was reviewed and approved as presented,
ADJOURNMENT
The meeting was adjourned at 10,-08 p.m.
Planning Commission Minutes
February 26,2012
Page 13