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PC MINS 19900612MINUTES PLANNING COMMISSION MEETING JUNE 12, 1990 L� The meeting was called to order at 7:30pm by Chair n McNulty at Hesse Community Park, 29301 Hawthorne Boulevard.h PRESENT McNulty, Von Hagen, Hotchkiss, Brooks;'' Katherman ABSENT None Also present were Director of Environmental Services Robert Benard, Planning Administrator Curtis Williams, Senior Planner Carolynn Petru, Associate Planner Laurie Jester and Assistant Planners Bonnie Olson, Terry Silverman and John Leung, Associate Planner. COMMUNICATIONS Chairman McNulty acknowledged a letter from Tim Burrell regarding Tentative Parcel Map No. 18947, and all the Commissioners noted they had received a letter from Donald Malick in support of the proposed Ritz Carlton. The Commissioners also welcomed new Associate Planner John Leung, who comes to the City from the County of Santa Barbara Planning Department. CONSENT CALENDAR A. GRADING NO. 1151 -- REVISION "B", Tentative Tract No. 46422, Palos Verdes Drive West. Commissioner Von Hagen noted that he was acquainted with applicant Eugene Schiappa, but was not involved with this project. Associate Planner Laurie Jester also noted that the applicant accepted all the conditions of approval. Commissioner Brooks moved approval of the consent calendar, Commissioner Katherman seconded the motion, and it passed without objection. PUBLIC HEARINGS A. GENERAL PLAN AMENDMENT Planning Administrator Curtis NO. 18, ENVIRONMENTAL Williams presented the staff ASSESSMENT NO. 613 report regarding the proposed DRAFT HOUSING ELEMENT update of the General Plan Housing Element. Staff's recommendation is to accept public testimony, provide direction regarding suggested changes, and continue the public hearing to July 10, 1990. Mr. Williams noted that a PLANNING COMMISSION#NUTES June 12, 1990 mailing list of noticed residents was also attached as per the Commission's earlier request. Commissioner Brooks thanked the staff for the clarified notice, and also noted that the information on the HOA presidents is not accurate, as she was no longer president of her Association. Commissioner Von Hagen expressed surprise that again there were no members of the public wishing to speak to the issue, and Mr. Williams noted that several people had stopped by the staff offices to ask for information on the issue. Commissioner Brooks made a motion to continue the hearing to July 10, 1990, Commissioner Von Hagen seconded, and the motion passed without objection. B. EXTREME SLOPE PERMIT Associate Planner Laurie Jester NO. 21 presented the staff report 30332 Via Borica regarding the applicant's request to allow a deck which encroaches a maximum of 6 feet over an extreme (62o) slope In the north west side yard. Staff's recommendation is to approve the application with conditions. Commissioner Katherman asked that the conditions of approval require that the color of the deck extension match the color of the existing deck. Mr. Katherman then moved approval of the staff recommendation with the modification, Commissioner Brooks seconded, and the motion passed unanimously. C. VARIANCE NO. 258 The staff report was presented 28 Narcissa by Assistant Planner Terry Silverman regarding the applicant's request to allow construction of a detached 528 square foot garage 15 feet within the front setback. Staff's recommendation is to approve the application with conditions. Commissioner Hotchkiss objected to the requirement that the structure be constructed without windows and have no redeeming architectural features, and Planner Silverman noted that the ban on windows was taken from the Moratorium Exemption Ordinance, although the structure would contain skylights. Commissioner Von Hagen complimented Ms. Silverman on the new readable staff report maps. The public hearing was opened. Gary Wynn, 1852 Lomita Blvd., Lomita, applicant and engineer for landowner Larry Horan, stated his agreement with the conditions of approval. The public hearing was closed. Commissioner Katherman moved approval as per the staff recommendation, Commissioner Von Hagen seconded, and the motion passed unanimously. Page 2 PLANNING COMMISSION•NUTES June 12, 1990 (At this point, it was decided regarding the appeal on Height applicant/appellant had not yet NEW BUSINESS i to delay hearing Item D Variation No. 652, since the arrived.) A. GRADING NO. 1176 - Senior Planner Carolynn Petru REVISION "A" presented the staff report 3151 Deluna Drive regarding the applicant's request to approve a revision to the approved grading permit for an new single family residence. Staff's recommendation is to approve the request with conditions. Commissioner Katherman suggested that the hours of grading operation be altered, especially on Saturday, and Commissioner Brooks agreed, noting that the proposed grading operations could create safety hazards for the children in the school across the street. Mr. Benard noted that the condition allowed for the standard hours of grading operations allowed in the City, but it could be modified to accommodate neighboring uses. ' Commissioner Hotchkiss expressed objections to the condition eliminating the second story windows. Staff noted that all the conditions of approval had been approved by the Commission under the original approval, and have been carried over, and that this specific condition had been requested for privacy reasons by the next-door neighbor, who had not been noticed for this hearing. Chairman McNulty suggested clear story windows as a possible solution to avoid the "blank wall" look. A discussion ensued as to the appropriateness of the Commission's power to attach conditions to grading applications, and Chairman McNulty noted that it was usually the only time the Commission had any design input during the life of the project. a� W Commissioner Brooks made a motion to approve the application with the conditions amended/as follows: a) That the grading operations be limited to t�he hours of 9am to 5pm, Monday through Saturday during the school year; That a flagman be required after 2pm to dir ct traffic during the times the school is in use;, 7:00 .m. to 7:00 p.m. Monday through Saturday at all other times; and d) That Condition #S be changed to read, "The bedrokm windows on the second story of the north elevation shall be modified or be a minimum of 6' above floor level and the two small bathroom windows shall be of an opaque material." Commissioner Katherman seconded the motion, which passed on a 3-2 vote, with Commissioners Hotchkiss and Von Hagen dissenting. Page 3 PLANNING COMMISSION*NUTES June 12, 1990 (PUBLIC HEARING ITEM D) D. HEIGHT VARIATION The staff report was presented NO. 652 -- APPEAL by Assistant Planner Bonnie 4048 Admirable Olson regarding the appellant's request to overturn staff denial of a second -story addition, thereby approving the proposed project. The public hearing was opened. Dick Hampikian, 4048 Admirable Drive, appellant/applicant, objected to the denial on the grounds that the original grade level was overstated by 5'; that the total square footage indicated in the staff report was too high; that he is unable to build the proposed addition anywhere else on his property; that the project was delayed and then altered by the passage of Proposition M; that only four properties would suffer potential view impairment; that he had designed the structure to minimize view impairment in a compatible style with the rest of the neighborhood, and that he disagreed with the staff photo analysis indicating view impairment. Dr. Anthony George, 4104 Exultant Drive, spoke in favor of the staff recommendation, stating that if the project was built, it would make the house the highest in the development, and that it would put a chimney in the middle of his view. Dorann Wolf, 4040 Admirable Drive, also spoke in support of the staff recommendation to deny the application. Ron Wolf, 4040 Admirable Drive, spoke in favor of the denial, citing privacy and view concerns. Steve Perestam, 4032 Exultant Drive, asked the Commission to uphold the denial, stating that primary views would be affected. The public hearing was closed. Commissioner Von Hagen asked for clarification regarding the height above grade disagreement. Mr. Benard stated that the frame height had been verified by staff, so the frame accurately reflected the actual height of the proposed structure, and that the applicant himself had indicated the higher figure on his original application, but that the 5' difference was not an issue. Commissioner Hotchkiss stated he did see view impairment, and could not see a case to allow the variance. Commissioner Katherman stated he had visited the site and agreed that there were design alternatives available to the applicant to Page 4 PLANNING COMMISSIONIONUTES June 12, 1990 0 minimize the impact. Mr. Katherman also stated he was more concerned with precedent -setting action in this case. Commissioner Brooks complimented the applicant on the quality of his presentation, but stated that she had visited the site and did foresee a cumulative impact. Mrs. Brooks suggested that the applicant work with the City to redesign the project. Commissioner Von Hagen agreed that the applicant should redesign the project. Chairman McNulty stated that he was personally against the concept of neighborhood compatibility and Proposition M, but since voters had mandated its use in decision such as these, he would support the denial since he found the house size excessive in terms of neighborhood compatibility. Commissioner Brooks moved to deny the appeal, Commissioner Katherman seconded, and the motion passed unanimously. (NEW BUSINESS ITEM B) B. USE DETERMINATION -- Senior Planner Carolynn Petru APPEAL presented the staff report Tentative Parcel Map regarding the applicant's No. 18947 request to overturn the Director's determination that the property, if found to be geologically stable, should have a zoning designation of RS -A-5. Staff's recommendation is to deny the appeal, thereby upholding the Director's determination. Commissioner Von Hagen stated that he had represented landowner PollocklCapellino in the past and had not had financial relationship In 3 years, and had no connection with this project. Upon consulting with the City Attorney, he had been told that he could vote on this issue. Tim Burrell, 4038 Exultant Drive, appellant representing the landowner, stated that he felt zoning should be adjusted so that the property be designated residential if it had less than a 35% slope, and Open Space if it was steeper. Mr. Burrell stated that staff had drawn the RS -4 line well into the flat area marked for the project when the zoning map was first created. Mr. Burrell also presented photos showing typical canyon features and characteristics no longer shared by this area. He asked that he be allowed to develop four lots on five flat acres, although the total property totals B.8 acres. Mr. Burrell also clarified that the loosely compacted fill comprising part of the proposed development area will either be recompacted correctly or will need to be developed with caissons. Page 5 PLANNING COMMISSIONONUTES is .Tune 12, 1990 Senior Planner Petru noted that the City Geologist has not yet made a determination on the developability of the land. Mr. Benard noted that if the geologist found the land to be developable, an application could be made for a zone change to reclassify the property with a residential designation. Director Benard also stated that the canyon currently serve as a natural drainage course, and that adjacent levels are at a higher elevation, putting the property into the view shed. Commissioner Katherman questioned the ability of the Commission to change zoning without a noticed public hearing, and although Commissioner Von Hagen agreed, he stated that the Commission should give the applicant firm direction one way or the other. Commissioner Von Hagen then moved that the zoning district boundary be adjusted so that an RS -4 zoning district apply to the level area at the end of Windport Drive with a slope of less than 35%, thereby overruling the Director's decision. Commissioner Hotchkiss seconded the motion. At this point, Commissioner Brooks questioned Commissioner Von Hagen's impartiality on this issue, and Mr. Von Hagen informed her that as he had stated at the beginning of the issue, he had no connection with Mr. Burrell or the landowner on this project. Mr. Benard noted that the question of the ability of the Director to administratively rezone is currently under advisement by the City Attorney, and that the Commissioner's decision on this case will be taken to the Attorney for review. The motion on the floor was voted upon, and passed 3-2 with Commissioners Brooks and Katherman dissenting. Mr. Katherman clarified that his "no" vote was because he did not feel this was the correct procedure to change the zoning. Mrs. Brooks stated that her "no" vote was for the same reason. C. SITE PLAN REVIEW Assistant Planner Terry NO. 5453 -- MISC. Silverman presented the staff HEARING report regarding the review of 92 Rockinghorse staff's determination regarding replacement of a non -conforming structure in the side yard. Staff's recommendation is to uphold the staff determination. Fidel Cabanilla, Jr., 92 Rockinghorse, property owner, presented photos of the original deck, stating he had built the new one in the same place. Cliff Espy, 94 Rockinghorse, objected to the staff's determination, alleging that the deck did not exist in that location before. Mr. Espy presented photos showing the old deck. Page 6 PLANNING COMMISSION NUTES • June 12, 1990 Upon examination of both sets of photos, the Commission determined that the new deck had indeed been reconstructed in a different location. Based on this photographic evidence, Commissioner Von Hagen moved staff alternative #2, to reverse staff's decision, thereby requiring the property owner to seek appropriate Planning approvals or remove the deck from the side yard. Commissioner Brooks seconded the motion, which passed without objection. QUESTIONS FROM THE AUDIENCE There were no questions from the audience. STAFF REPORTS Mr. Benard reminded the Commissioners that there would be a special tour Friday of the Green Hills Memorial Park. He also stated that he had been requested by the Chairman of the View Restoration Committee to present a request to the City Council June 19, 1990 that those committee members be reimbursed for mileage on site visits. Mr. Benard stated he would also ask the Council to okay reimbursing the Planning Commissioners. Mr. Benard also noted that the joint workshop on Subregion 1 that was to have been held prior to the June 19 City Council meeting had been cancelled since ownership interests in the property have changed. ADJOURNMENT The meeting was adjourned at 10:36pm to Friday, June 15, 1990 at 2:OOpm at City Hall for the Green Hills tour. Page 7