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PC MINS 19900213MINUTES PLANNING COMMISSION MEETING FEBRUARY 13, 1990 The meeting was called to order at 7:34pm by Chairman McNulty at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT McNulty, Von Hagen, Hotchkiss, Brooks, Katherman ABSENT None Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Associate Planners Carolynn Petru and Laurie B. Jester, and Assistant Planners Lisa Marie Breisacher and Bonnie Olson. COMMUNICATIONS Chairman McNulty acknowledged communications from Richard and Elaine Motz regarding Code Amendment No. 29; from Walter L. Wood regarding Variance No. 245; and from Whitney Smith regarding Extreme Slope Permit No. 17. CONSENT CALENDAR A. Minutes of January 23, 1990 -- Regarding CUP No. 9, Commissioner Brooks requested that Marymount's withdrawal of their request for volleyball courts be noted. She also asked that Chairman McNulty's second on her continuation motion be added. B. GRADING NO. 1151 - REV. C. SIGN PERMIT'NO. 491 -- Staff recommends a continuance until March 27 as per the applicant's request. D. CODE AMENDMENT NO. 29 -- Per Chairman McNulty's recommendation, this item was moved to Continued Business in order to receive testimony. Commissioner Von Hagen moved to approve the consent calendar as amended. Commissioner Brooks seconded the motion, which passed 4-0 with Commissioner Katherman abstaining. PUBLIC HEARINGS A. VARIANCE NO. 245 Commissioner Hotchkiss noted a COASTAL PERMIT NO. 79, possible conflict of interest EXTREME SLOPE NO. 18 due to his longtime residence 98 Yacht Harbor Dr. in the Portugese Bend Club and PLANNING COMMISSION *TING February 13, 1990 his service on the Board of Directors. Mr. Hotchkiss decided that as a result, he did not wish to vote on the first two public hearing issues. Assistant Planner Lisa Marie Breisacher presented the staff report detailing the applicant's request to approve existing and proposed additions totalling 1,246 square feet, a portion in the required setbacks and over an extreme slope. Staff's recommendation is to conditionally approve a portion of the existing and proposed additions, conditionally approve the variance, and deny the extreme slope permit. The public hearing was opened. Lee Paterson, 98 Yacht Harbor Drive, applicant, expressed his objections to Exhibit "A" conditions 4, 5, and 18 on the basis that a covenant running with the land would be obsolete and detrimental should the moratorium ever be lifted. Mr Paterson also requested that Condition 6 be removed to keep the decking consistent around the house, and noted that the 6' wood fence mentioned in Condition 8 is consistent with the rest of the neighborhood. He also asked that Condition 14 be clarified or changed to allow his current irrigation system to remain. A mistake on the plans showing the drain line on his neighbor's property was also noted. Mr. Benard informed the applicant that Condition 14 regarding irrigation is a standard condition imposed on all projects within the landslide area. He also stated it would be a fair assumption to say that if the landslide was stabilized and the moratorium lifted, the covenants would no longer be valid. Bill Ruth, 96 Yacht Harbor Drive, neighbor, claimed that the property line on the subject plans was inaccurate, and he expressed concern with the extreme proximity of the proposed structure and fencing to his property line. Mr. Ruth also pointed out that Lot 97 between the two properties had been split evenly between Lots 96 and 98, and that this adjustment was not reflected 1n the plans. John M. McCarthy, 105 Spindrift, speaking as a representative of the Portugese Bend Club HOA and the Klondike Hazard Abatement District, confirmed Mr. Ruth's statement regarding Lot 97. Mr. McCarthy also objected to the proposed restrictions on irrigation. Mr. Benard explained that the irrigation condition is meant to control water runoff on the property. Mr. Benard then requested a continuance in order to verify the applicant's representation of the property lines as being under the ownership of the applicant and consistent with the certificates of compliance. Page 2 PLANNING COMMISSION TING February 13, 1990 2 Commissioner Von Hagen moved to continue the public hearing to the February 27 meeting. Commissioner Katherman seconded, and the motion passed unanimously. B. COASTAL PERMIT NO. 80 The staff report was presented by VARIANCE NO. 247 Assistant Planner Bonnie Olson GRADING NO. 1402 regarding the applicant's request 112 Spindrift to approve a residential addition, a reduction in front and side yard setbacks, grading to replace and construct retaining walls, and a reduction in the required open space. Staff's recommendation is to approve with conditions an encroachment into the side and rear yards for one minor 282 square foot addition, approve minor grading for a 3' high side and rear yard retaining wall, and a reduction in the required open space. Ms. Olson also explained that the open space reduction description should read "2 percent," not "8 percent," and that the applicant had requested a variance for eaves extending along the west and east side yards. The public hearing was opened. Bill Freeman, 112 Spindrift, applicant, emphasized that he was merely replacing a substandard retaining wall and fence, not building a higher one. Mr. Freeman also accepted all the conditions of approval. Walter Wood, 111 Spindrift, neighbor, objected to the proposed raised roof line, and presented photographs showing potential loss of afternoon sun. He also expressed approval of the retaining wall remaining at the current height. Ms. Olson observed that the existing roof is now flat at 8- 12', and that the proposed roof line will be within the 16' limit and the downslope height will also conform. Mr. Benard explained that with such a sloping lot, the roof could potentially be 16' at the high end and 30' at the low end under current regulations. John McCarthy, 105 Spindrift Drive, offered that the applicant's plans have been approved by the architectural committee. The public hearing was closed. Commissioner Katherman declared that the pitched roof will enhance the architectural value of the home, and that he dial not feel there was significant view impairment or loss of light to the neighbor. Commissioner Katherman moved to grant staff recommendation as amended with the variance for the eaves on the east and west side yards. Commissioner Von Hagen seconded the motion, which passed 4-0 with Commissioner Hotchkiss abstaining. Page 3 0 0 PLANNING COMMISSION MEETING February 13, 1990 C. EXTREME SLOPE PERMIT Associate Planner Laurie B. NO. 17 Jester presented the staff 28854 Crestridge report detailing the applicant's request to allow the construction of a deck for a guest house and studio which would cantilever a maximum of 6' over an extreme (45%) slope. Staff's recommendation is to approve the application with conditions. Mr. Benard reminded the Commissioners that the City Attorney asked that they publicly note if they have visited a site and/or accepted testimony regarding the application. At this point, Commissioners Brooks and Von Hagen noted they had visited the two Portugese Bend Club sites, Public Hearing Items A & B. Commissioner Katherman asked why a landscape covenant was included in the conditions of approval now that Proposition "M" is part of the Code. Mrs. Jester explained that the City Council had directed Planning to put landscape covenants on every discretionary application. Commissioner Von Hagen revealed that he had visited the subject and neighboring sites, and had had brief discussion with the applicants and neighbors. Al Kuolas, 28864 Crestridge Road, applicant, presented a detailed model of the proposed deck. He stated he accepted all the conditions of approval except #5 requiring elimination of a portion of the deck, which he felt was aesthetically important and would not affect the privacy of his neighbors. Pablo Ruiz, Alpha Design Partnership, 8380 Melrose Ave., Los Angeles, applicant's architect, reiterated Mr. Kuolas' request to allow the disputed portion of the deck, since it represents an exterior connection between the guest bedroom and the deck, and was important for privacy and circulation. Mr. Ruiz also remarked that all landscaping necessary to protect neighboring views would be done. The public hearing was closed. Chairman McNulty suggested an occupancy covenant as part of the conditions of approval. Mrs. Jester noted that this application is only for the deck, and that the studio and guest house will be approved via a Minor Exception Permit, which will contain the occupancy/second unit covenant. Commissioner Von Hagen moved to accept staff recommendation, amending the conditions of approval to exclude #5, allowing the portion of the deck adjacent to the guest room to remain. Commissioner Hotchkiss seconded the motion, which passed Page 4 PLANNING COMMISSIONGETING February 13, 1990 unanimously. CONTINUED BUSINESS A. CODE AMENDMENT NO. 29 This item was Fences, Walls & Hedges removed from the Consent Calendar and placed under Continued Business in order to receive public testimony. Richard Motz, 3214 Searaven, objected to the permit exemption for slopes not exceeding 5%, declaring that this could allow potential view impairment on certain properties. Planning Administrator Curtis Williams explained that if this exemption did not exist, many more view analyses would have to be done where there is no view impairment problem. Chairman McNulty inquired if there would be any recourse for such homeowners. Mr. Benard noted that this situation is most likely to be an after -the -fact code enforcement problem, in which case a determination would be made as to view impairment. George Fink, 32353 Searaven Drive, also objected to the 5% exemption, and suggested that the condition require a 5% net slope for both lots. Chairman McNulty remarked that it would be hard to make such a change for so few lots, and pointed out that there is an inherent protection given by the whole attitude of the program to protect views. Commissioner Hotchkiss agreed that it would be difficult to cover every conceivable situation, and expressed his support for the staff's recommendation to approve the draft ordinance. Commissioner Von Hagen moved to adopt the resolution recommending approval of the draft ordinance, Commissioner Katherman seconded, and the motion passed without objection. NEW BUSINESS A. GRADING NO. 1165 -REV. Commissioner Von Hagen moved to 550 Silver Spur waive reading of the staff report but Commissioner Brooks objected. Associate Planner Carolynn Petru presented the staff report regarding the applicant's request to approve a revision to the original grading for a commercial office complex due to soil stabilization and handicapped access requirements. Staff recommends approval with conditions to control export from the site. Commissioner Hotchkiss noted that he had received a call from a Roberta Watkins requesting him to postpone the item. Mr. Benard said that Mrs. Watkins was a homeowner in lower Monaco Page 5 PLANNING COMMISSION &TING February 13, 1990 who probably mistook this grading item for another. Commissioner Brooks was concerned that the additional grading was to create subterranean parking under the building and asked for a brief history of the project. Commissioner Von Hagen noted that this application is just an allowance to accommodate the geotechnical requirements of the site, which has a fault running through it, to make the project safer overall. Mr. Benard stated that the application was for grading and volume changes only, and that no design changes were involved. Commissioner Von Hagen moved to adopt staff recommendation, with a note that all of the Commissioners applauded the improvements for handicapped access to the project. Commissioner Katherman seconded the motion, which passed unanimously. B. CONDITIONAL USE PERMIT Assistant Planner Lisa Marie NO. 23 - REV. "00", Breisacher presented the staff GRADING NO. 2341 report regarding the applicant's 3345 Palo Vista request to revise the footprint and development specified in CUP 23 for a new single family residence. Staff's recommendation is to conditionally approve the project, provided the applicant redesign to meet the development standards and acceptable grading quantities. Commissioner Hotchkiss inquired as to whether or not basements were mentioned in the original tract guidelines. Mr. Benard informed him that the original conditions stated the houses were to sit on grade on the flat pads and to step with the slope. Commissioner Katherman pointed out that there was no real buildable pad on the subject property. Mr. Benard expressed two concerns regarding the project -- that the natural contours of the land be minimally disturbed, and that the export material from the site be limited to preserve infrastructure systems. Commissioner Brooks commented that the applicant is building out and up to the maximum and now wants to go down as well, and asked why they should be allowed to build such a big house. Commissioner Hotchkiss stated he did not feel the basement should be excluded out of hand without further evaluation. Artura Veiga, 1910B Ernest Avenue, Redondo Beach, applicant, responded that he did not consider the basement to be a basement, but just another level of the house, consistent with the other multi-level homes in the tract. Commissioner Hotchkiss moved to accept staff recommendation with the exception of Condition "B" denying the proposed basement. Commissioner Katherman seconded the motion, which passed 3-2 with Chairman McNulty and Commissioner Brooks Page 6 PLANNING COMMISSION 40ETING February 13, 1990 dissenting. QUESTIONS FROM THE AUDIENCE There were no questions from the audience. STAFF REPORTS 11 Mr. Benard noted that Mayor Hughes had received a letter from John Arand of the RPV Council of Homeowners Associations, asking that the Planning Commission meetings be televised. Mr. Benard stated that the City would look into the proposal to investigate the fiscal impact, but that the City Council had not yet given any feedback on the idea. Mr. Benard also announced that the budget would allow for four Commissioners to attend the League of California Cities convention for Planning Commissioners on March 21 through 23 in San Diego. He strongly suggested that all the new Commissioners attend, and asked that they let him know by February 20. COMMISSION REPORTS Commissioner Von Hagen referred to the February 12 joint informational workshop, and suggested that the public testimony be limited to relevant testimony only in order to give the applicants more time for their presentations. Mr. Benard noted that the purpose of the meeting was not to debate the advantages of one plan over another, but to receive public testimony, discuss the concept of the specific plans, and the concerns of the residents regarding Subregions 7 and 8. ADJOURNMENT Chairman McNulty adjourned the meeting joint special pre-screening workshop on project, February 20th at 5:30pm in Hes at 10:17pm to the the Long Point se Park. Page 7