PC MINS 198201267
M I N U T E S
City of Rancho Palos Verdes
Planning Commission
Regular Adjourned Meeting
January 26, 1982
The meeting was called to order at 7:34 p.m. in the City Council Chambers,
30942 Hawthorne Boulevard.
PRESENT: Baer, Brown, McTaggart, Hughes
ABSENT: Hinchliffe
Also present were Director of Planning Sharon Hightower, Associate Planners
Sandra Massa Lavitt and Alice Bergquist Angus, and Assistant Planner Jon
Shepherd.
CONSENT CALENDAR Dr. Brown proposed amending the
minutes of January 12, 1982, as fol-
lows: page 2, paragraph 3, line 2,
should read "...at last night's Palos Verdes South Homeowners Association
board meeting..."
On motion of Dr. Brown, seconded by Dr. Baer, the Consent Calendar was
unanimously passed, thereby approving: A) the minutes of the meeting of
January 12, 1982, as amended above; B) the minutes of the meeting of
January 21, 1982; and C) a one-year time extension of condition no. 2 of
Conditional Use Permit No. 29 (Tract No. 33093).
CONDITIONAL USE PERMIT 68 (APPEAL) Ms. Angus said at the last meeting
Tentative Tract No. 40640 the Commission directed staff to
Applicant: Burrell, Ltd. evaluate the concept of increasing
the setbacks on lots 3-9 and specify-
ing where two 15 -foot side setbacks
should adjoin on lots 10-17 versus the concept of a formula to relate
building height to lot coverage. Staff felt that a formula was the better
choice because it would provide an incentive for the future owners of lots
3-9 not to build above 16 feet. Staff did not feel the trade-off of gain-
ing a 5 -foot wide corridor for lot 21 or 22 (which already have a view over
the future bluff homes) was worth reducing the buildable area of lot 14
disproportionately. She said the Commission directed staff to increase the
scope of review of lot coverage to include front and rear setbacks. Staff
recommended that the front setback remain a constant 20 feet. She said the
developer has proposed a condition to be incorporated in the CC&Rs that
would disallow flat roofs and, in light of that condition, staff did not
believe it was necessary to increase the rear setback. Staff recommended
as a formula to relate building height and szdeyard setbacks for lots 3-9
that for each additional foot of height above 16 feet the sideyard setback
be increased by 6 inches. Staff recommended conditioning lot 2 and proposed
changing the wording of condition 3.C. in response to the Commission's con-
cern about landscaping control. Staff recommended the revisions as pre-
sented this evening and that the Commission recommend to the City Council
approval of the conditional use permit as revised.
Mr. McTaggart recommended that the Council adopt a condition prohibiting
flat roofs and not just rely on the CC&Rs.
Tim Burrell, 4038 Exultant Drive, agreed to adding Mr. McTaggart's sugges-
tion to the conditions. He said his suggestion had been that no more than
20 percent of the roof area be flat. In response to questions by Mr.
McTaggart, Mr. Burrell said the condition could begin with the overall con-
cept which .is to prohibit flat roofs and then further refine it by stating
that nothing less than a 2 in 12 pitch at any point would be permitted, with
minor provisions for specific instances (such as a patio roof) which may
allow less than that.
Dr. Baer felt the Commission was still short information and asked if the
applicant supplied each of the Commission members with a copy of the tract
map showing setbacks, buildable area, view corridors, and ridge heights on
all dwellings.
Mr. Burrell said the map on display showed ridge heights and setbacks and
that view corridors could be determined by looking at that map. He said
the map was the same as was presented to the Commission previously and as
was presented to the City Council, that it had not changed. He delineated
the view corridors and explained that the views were primarily over the
structures rather than through them.
Mr. Hughes said normally a sales office has renderings showing what the
development will look like. He noted that all of the drawings for this
project show huge trees and hoped the sales office would not present those
drawings since conditions were imposed on this development prohibiting that
kind of landscaping.
Dr. Brown was satisfied with the staff recommendations and said they only
needed to work out wording for the condition regulating flat roofs.
Mr. McTaggart was concerned with the wording of condition 10 and suggested
changing to say "Stub fencing must be constructed to a point at the bluff"
instead. He suggested adding a condition that "No portion of any roof sea-
ward of the centerline of the building footprint on lots 2-17 shall be
higher than a point drawn on a line declining on a slope of 2 in 12 from
the centerline unless it is a gable type roof."
Mr. Burrell said that condition would eliminate any flexibility and sug-
gested instead a condition prohibiting flat roofs and defining a flat roof
as 2 in 12.
Ms. Angus suggested adding to Mr. Burrell's suggestion "If the ridge runs
parallel to the bluff the ridge shall be set back 20 feet."
Mr. Hughes felt staff's suggestion that the highest point of the ridge line
be 20 feet back from the setback line and that a flat roof be defined as
anything less than 2 in 12 was good because it would push the ridge back
and was uncomplicated.
Mr. McTaggart said the condition must include "unless the ridgeline is
perpendicular to the bluff."
It was the consensus of the Commission to have that as a condition and Mr.
Hughes directed staff to write a condition to that effect.
Dr. Baer displayed a rendering depicting his concerns. He felt the project
was imposing and that it represented a broader problem which had not been
adequately addressed by the applicant or staff.
Mr. Hughes felt the Commission had adequately dealt with the development
and he was comfortable that the development met the guidelines of the Code.
He said the Commission had proposed setbacks above and beyond what is
normally placed on projects. He felt the Commission had taken adequate
measures for preventing view obstruction. He asked about suggested wording
for condition 10.
Ms. Angus said the condition could be changed to say "Stub fencing must be
constructed on lots 3 and 17 to provide safety."
Mr. McTaggart proposed a motion, seconded by Dr. Brown, to recommend to the
City Council approval of Conditional Use Permit No. 68 with the changes sug-
gested by staff, as modified this evening.
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Roll call vote was as follows:
RECESS
AYES: Brown, McTaggart, Hughes
NOES: Baer
ABSENT: Hinchliffe
At 8:55 p.m. a brief recess was called.
The meeting reconvened at 9:00 p.m.
with the same members present.
VARIANCE NO. 76 Mr. Shepherd said the request was for
31335 Marne Drive construction of a tennis court 22 feet
Applicant/Landowner: Kim above grade and cantilevered over a
slope of approximately 65 percent.
He said the court was proposed to be
constructed in the rear yard and enclosed with a 6 -foot high fence. He
said the overall height of the court and fence exceeds the maximum height
limitation by 10 feet and that since the slope is approximately 65 percent
it was considered Open Space Hazard. Staff recommended denial of the
variance because none of the four necessary findings could be made.
Public hearing was opened.
See Myun Kim, 31335 Marne Drive, said he would withdraw his application if
any of his neighbors would lose their view. He said he had 40 pine trees
and that they would shield much of the view of the court. He said if there
was an encroachment on the west side of the property that he could lessen
the size of the court.
Herb Soloway, 31415 Marne Drive, said he would have a definite view impair-
ment which would cause a substantial reduction of worth to his property.
He said he looked directly down over the rear of the site where the project
is proposed and that the court would be visible from his property.
Tom Alley, Palos Verdes Monaco Homeowners Association, 6304 Sattes Drive,
said at this time the Association could not support the project because it
had not been reviewed in detail. He said the Association was concerned
with view impairment and maintenance of the required setbacks per the CC&Rs
and, therefore, recommended denial of the project. He said he was president
of the Association's architectural committee and that the applicant has been
advised of the requirement to submit plans to the committee.
Dan Torrance, 31434 Marne Drive, felt the project would be an eyesore and
he objected to such a large area being used for play because it would be
noisy, etc. He was also concerned about lights.
Mr. Hughes explained that lights were not being requested and would require
a conditional use permit.
Captain F. B. Risser, 31325 Marne Drive, said his home was built to take
advantage of the view. He was concerned about the location of the lot lines
as a recent survey moved the property line 3 feet onto what the original
bench mark showed as his lot. He said the project was proposed to be situ-
ated over a sewer easement. He said his bedroom and deck look over the
proposed court which he felt would represent an eyesore. He added that the
existing trees provide him with privacy.
Peter Elloway, 21407 Marne Drive, said the project would obstruct the views
of 5 or 6 houses. He said there would be view obstruction because of the
fence and felt the photographs were deceptive because the trees were
actually down below.
Mr. Hughes declared the public hearing closed.
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Mr. McTaggart noted to staff that a vicinity map on display would have been
helpful. He said the Open Space Hazard designation was instituted in the
City to provide natural -appearing slopes and prevent unwise construction.
While he felt people had the right to have recreation on their property,
the question was the appropriateness of building on a 65 -percent slope. On
that basis, he felt the project was inappropriate. He said staff did not
bring up the subject of views or provide elevations through the proposed
court, and hedid not feel view obstruction was a consideration in this
particular case.
Dr. Baer felt the decision should be based on the Open Space Hazard issue
and that if view was to be a consideration, staff would have to prepare a
view analysis.
Mr. Hughes said because the slope was 65 percent, the applicant could not
build on it without a variance and that in order to grant this variance
the Commission must make the required findings.
Dr. Brown proposed a motion, seconded by Mr. McTaggart, to adopt Resolution
No. 82-3, thereby denying Variance No. 76, based on the Commission's in-
ability to make the required findings, per the findings listed in the staff
report.
Roll call vote was as follows:
AYES: Baer, Brown, McTaggart, Hughes
NOES: None
ABSENT: Hinchliffe
Mr. Hughes advised of the right to appeal this decision to the City Council
within fifteen calendar days.
STAFF REPORTS Ms. Lavitt reviewed the proposed Code
Proposed Amendments to the amendments for: mobile homes, permits
Development Code for geological investigation, commer-
cial condominiums and conversions, and
changes to provide clarification in
the sections of the Code concerning building height and recreational fencing.
Mr. Hughes was not sure the City should allow commercial condominiums and
asked if the City could dust prohibit them.
Director Hightower said if the City could legally prohibit them that was an
alternative, but if not it was important to adopt standards and criteria to
handle any future requests.
Ms. Lavitt said she would check on the options and report back to the Com-
mission.
Re fencing, Mr. Hughes and Mr. McTaggart were concerned about the 13-1/2
foot combination height. Mr. Hughes had no -problems with the downslope
side but felt that on the upslope side it would only be to gain the addi-
tional height.
Director Hightower said February 23 was a possible date for scheduling
public hearing on the Code amendments. She said the Commission would also
have a report to review on more stringent regulations for fire retardent
roofing. she noted that public hearing on the amendments to the Local
Coastal Program would be coming up at the same time.
Mr. Hughes suggested that the City arrange for the Fire Chief to come and
speak to the Commission re the roofing.
Director Hightower said that might be appropriate when the item comes up
as a Code amendment.
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0 - -
Levitt Project Ms. Lavitt said the Levitt project was
scheduled for the next regular meeting.
Director Hightower explained that there was a lack of quorum on the Rolling
Hills Estates Planning Commission for the January 21 meeting. She said they
have since decided that this Commission should have a meeting and give its
concerns to Rolling Hills Estates and then their Commission would have a
meeting and come up with its concerns, with perhaps another joint meeting
following, if necessary.
Commissioners' Institute
members of the Commission to attend.
ADJOURNMENT
Re the Commissioners' Institute,
Director Hightower said the Depart-
ment was budgeted to allow three
At 10:22 p.m. it was moved, seconded,
and carried, to adjourn to Tuesday,
February 9, 1982, at 7:30 p.m.
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