PC MINS 19930525APPROVED
6/8/93
MINUTES
PLANNING COMMISSION
REGULAR MEETING
MAY 25, 1993
The meeting was called to order at 7:36 p.m. by Chairman Katherman
at Hesse Park Community Center, 29301 Hawthorne Boulevard, Rancho
Palos Verdes, CA.
PRESENT: Commissioners Alberio, Hayes, Mowlds, Vice Chairman Byrd
and Chairman Katherman.
LATE ARRIVALS: Commissioners Clark and Lorenzen arrived at 7:38
p.m.
Also present were Director of Environmental Services Bret B.
Bernard, Planning Administrator Carolynn Petru, Associate Planner
Terry Silverman, Assistant Planner Fabio de Freitas and Assistant
Planner Kim Klopfenstein. The Pledge of Allegiance followed.
CONSENT CALENDAR
A. Minutes of April 27, 1993.
Commissioner Hayes moved, seconded by Commissioner Alberio to
approve the minutes of April 27, 1993. Motion carried (4-0-1)
without objection with Chairman Katherman abstaining.
B. P.C. Resolution No. 93 - ; approving Conditional Use Permit
No. 132 - Extension at 6245 Via Canada (PVPUSD) (TS)
Chairman Katherman confirmed with Associate Planner Terry Silverman
that the Harbor Foundation had left the campus. Chairman Katherman
stated that he received complaints about rollerblade skaters on the
tennis courts. The Planning Commission directed staff to examine
parking, loading areas as they pertain to the dance school,
emergency access, condition and use of the tennis courts, making
all school CUP's expire at the same time, insurance liability and
a comprehensive list of conditions of approval. Director Bernard
recommended that the Commission continue this item to the July 13,
1993 meeting.
Commissioner Alberio moved and Commissioner Mowlds seconded to
continue the item for to the July 13, 1993 Planning Commission
meeting with notice to adjacent properties.
PUBLIC HEARING
A. VARIANCE NO. 353• Mr. MOUNOUFAR KHOURY 3110 DIANORA DRIVE
Kim Klopfenstein, Assistant Planner, presented the staff report
stating that Mr. Khoury, the owner of the property located at 3110
Dianora, is requesting a variance to allow for a perimeter fence
within the intersection visibility triangle and to allow a 10'
encroachment into the 201 front yard setback for the expansion of
the existing non -conforming garage. Staff felt the expansion to
the garage and the encroachment of the fence into the visibility
triangle are minor and views from the adjacent properties would not
be impaired. Staff, therefore, recommended approval of the project
subject to conditions.
Commissioner Alberio asked why the existing garage was encroaching
into a 201 setback. Assistant Planner Klopfenstein responded that
the garage was built under the County with a non -conforming setback
of 12 1/2'. Commissioner Clark stated that all the Mira Catalina
homes and garages were built in the mid 1960's before the city was
incorporated. Commissioner Alberio asked why Staff is recommending
that the applicant be allowed to encroach more into the setback.
Planner Klopfenstein responded Staff felt that it wouldn't impair
views and that the additional 2 1/21 encroachment was minor.
Commissioner Alberio expressed concern about the placement of the
fence on the slope. He also expressed concern about the distance
of the garage to the fence. Assistant Planner Klopfenstein
responded that the small size of the lot, the configuration of the
corner lot and the slopes on the property created a unique
situation. She continued to say that it is not habitable space,
and the purpose of the garage expansion was to match on the front
facade.
Commissioner Alberio was concerned about the height of the fence
impairing the view in the visibility triangle. Assistant Planner
Klopfenstein responded that 18 inches is concrete block and the
other part is wrought iron. The visibility triangle limits hedges
or solid walls to 30 inches, but because there is 90% light and air
the Public Works Department felt that the fence would not obstruct
traffic visibility at the corner. commissioner Byrd asked
Assistant Planner Klopfenstein where the new fence is to be located
in reference to the existing fence. Assistant Planner Klopfenstein
stated that the existing fence at the top of the slope would be
removed and the new fence would be installed near the toe of the
slope.
Commissioner Clark asked Assistant Planner Klopfenstein to define
intersection visibility triangle. Ms. Klopfenstein responded that
the intersection visibility triangle is measured 60 feet back from
the point of the intersection of Dianora and Corinna.
Chairman Katherman reminded the Commission that this was an L-
shaped, not a T-shaped or four-way intersection.
Commissioner Alberio was concerned about the height and visibility
through the fence when vegetation starts to grow over it.
PLANNING COMMISSION MINUTES
MAY 25, 1993
PAGE 2
Assistant Planner Klopfenstein responded that overgrown vegetation
would be referred to Code Enforcement. The applicant would have to
maintain the fence at 90% light and air.
Vice Chairman Byrd asked what the distance is from the fence to the
curb. Assistant Planner Klopfenstein responded that it is 12 feet
from the property line to the curb, but that the fence is an
additional 3-5 feet from the property line.
Vice Chairman Byrd stated that the fence was located 6-7 feet up
the slope in the visibility triangle. Planning Administrator
Carolynn Petru responded that it is technically located in the
visibility triangle as defined in the Code Section 17.42.060, which
is why Staff had Public Works investigate to determine if it would
create be a traffic visibility problem, which they determined that
it would not.
Carnig Sarkissian, architect, 4010 Gayle Drive, Tarzana, CA.
stated that his client wants to improve the property and the
placement of the fence is for security purposes.
Vice Chairman Byrd asked Mr. Sarkissian if they were going to
landscape. Mr. Sarkissian responded that they would do light
landscaping, but the fence is primarily for security. Vice
Chairman Byrd stated his concerns about the height and location of
the 6' fence. Commissioner Alberio agreed with his concerns.
Vice Chairman Byrd moved, seconded by Commissioner Clark to close
the public hearing. Motion carried 7-0.
Commissioner Alberio stated that he would agree to a security fence
at the top of the slope, but not half way down the slope.
Commissioner Hayes commented that the steepness of the slope made
the fence unobstrusive.
Commissioner Mowlds stated his concerns about the fences on that
street. Commissioner Lorenzen felt the fence should be lowered to
5 feet. Commissioner Clark supported the bay window, but
questioned the purpose of the fence, as far as security is
concerned. In addition, Commissioner Clark felt that fence would
have a visual impact on the surrounding neighborhood.
Chairman Katherman commented that the corner lot creates an unusual
circumstance where the side and rear yard almost becomes one. The
architect's intent here was to compromise by putting the fence 2/3
of the way down the slope, which is reasonable given the
configuration of the lot. Chairman Katherman also agreed with
Commissioner Lorenzen's suggestion that the wrought iron fence be
lower in height.
PLANNING COMMISSION MINUTES
MAY 25, 1993
PAGE 3
Commissioner Clark stated that he had not received the public
notice for this project and due to the distance from his residence,
he is eligible to vote on this item.
Commissioner Alberio moved, seconded by Vice Chairman Byrd to
approve the bay window and garage addition and deny the 61 fence
located within the intersection visibility triangle. Motion
carried 5-2 with Chairman Katherman and Commissioner Alberio
dissenting. The Resolution will be brought back on June 8, 1993.
NEW BUSINESS
At Chairman Katherman's request, the Commission agreed to take Item
A under New Business before Item A under Continued Business.
A. SIGN PERMIT NO. 615; HARBOR COVE PLAZA, 28924 S. WESTERN
AVENUE
Assistant Planner Fabio de Freitas stated that it was brought to
his attention by the applicant under the conditions of approval
that there are two temporary banner signs on the site. Only the
"For Lease" sign is located on the subject property while the "Open
Saturday" sign is located on the adjacent property. The "For
Lease" sign should by subject to the conditions of approval only.
Commissioner Mowlds stated that he would like to eliminate the time
limit for the illumination of the sign set in Conditions of
Approval No. 3.
Vice Chairman Byrd moved, seconded by Commissioner Lorenzen, to
approve the request, subject to the suggested conditions of
approval, but to exclude Condition No. 3. The motion carried 7-0.
CONTINUED BUSINESS
A. HEIGHT VARIATION NO. 768 - APPEAL, COASTAL PERMIT NO. 113,
GRADING PERMIT NOS. 1668 AND 1681; MR. & MRS. LA BARBA. 3300
PALOS VERDES DRIVE WEST (A.K.A. 30101 PALOS VERDES DRIVE
WEST J .
Associate Planner Terry Silverman presented the Staff Report and
advised that on March 18, 1993, the Director of Environmental
Services denied the request to construct a new two story structure
on the subject property. This request was denied for several
reasons. First, it was determined that, while the construction
would not impair the view from any private properties, the project
would signif icantly impair the view from the public right-of-way as
identified in the City's General Plan and Coastal Specific Plan in
PLANNING COMMISSION MINUTES
MAY 25, 1993
PAGE 4
that the structure will extend into the ocean view and above the
horizon line. Additionally, Staff felt that the 25,000 square feet
of level yard area on the property provides sufficient acreage to
accommodate a structure similar in square footage to that proposed,
with a maximum height of 16 feet. For this reason, Staff felt that
the project was not designed and situated in such a manner to
minimize view impairment. It was also determined that, due to its
location along Palos Verdes Drive West, the potential cumulative
view impairment that would be caused by similar construction would
be significant. Finally, Staff felt that, if approved, this
structure would not be compatible with the neighborhood character
because this home would not only be significantly larger than any
home immediately surrounding it, it would also be the largest home
in the City.
Staff felt that the proposed grading both on and off the site is
excessive beyond the primary use of the lot in that this is a
relatively flat pad and the request for over 3,200 cubic yards of
grading is inconsistent with the existing site conditions.
Therefore, Staff recommended that the project be redesigned as a
single story structure with minimal on-site grading and no off-site
grading permitted.
Commissioner Clark asked Associate Planner Silverman who was the
director when this project was denied. Ms. Silverman responded
that it was Dudley Onderdonk.
Chairman Byrd asked Ms. Silverman if she included the basement as
total area in the square footage. Ms. Silverman responded that she
did include that for the total area.
Chairman Katherman, Vice Chairman Byrd and Nick Mowlds discussed
whether a subterranean room is considered to be habitable or not.
Commissioner Hayes states that since the Lunada Pointe homes are
clustered and, therefore, have very small lots, they cannot be
compared to this particular lot which is 1 + acre.
Associate Planner Terry Silverman responded that she didn't review
the sizes of the lots, but that she looked at all the building
permits for all of the homes on Marguerite Drive. Commissioner
Mowlds wanted to clarify that he felt that Staff's calculation
didn't accurately represent the actual sizes of homes in Lunada
Pointe and that based on his review of the drawings he felt the
homes were actually larger in Lunada Pointe than indicated by
Staff.
Chairman Katherman questioned the interpretation of the General
Plan and the Coastal Specific Plan by the applicant regarding
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MAY 25, 1993
PAGE 5
views. Chairman Katherman then proceeded to discuss the views as
shown by the photos on the poster board.
GEORGE SHAW, A.I.A., EDWARD CARSON BEALL AND ASSOCIATES, 23727
HAWTHORNE BOULEVARD, TORRANCE, CA 90505 (architect representing
the applicant) - proceeded to give testimony on the background and
history of the project. In conclusion, Mr. Shaw asked the
Commission to look favorably on the project.
Commissioner Clark asked Mr. Shaw if the media room which is part
of the basement would be considered livable area. Mr. Shaw
confirmed this.
Vice Chairman Byrd asked Mr. Shaw what the overall increase height
is from the existing house. Mr. Shaw responded that it is 9 feet
higher than the existing residence.
James La Barba, 2621 Via Ramon, Palos Verdes Estates, CA
(Landowner) testified that he commends Associate Planner Silverman
and architect George Shaw on their professionalism and fine work,
even though they have opposite views of the project. Mr. La Barba
stated his desire and hopes for this property. Mr. La Barba also
expressed what it means to he and his wife, Georgiane, to be able
to build this house.
Commissioner Alberio asked Mr. La Barba if he is willing to
compromise on the design of the house. Mr. La Barba explained what
that it was his preference to construct the home as it is currently
proposed.
Commissioner Clark questioned Mr. La Barba if he saw any validity
to the perspective that building the house as designed, would
impair some visibility of the coastline and ocean, from Palos
Verdes Drive West for those who aren't fortunate to live in a
location like this from Palos Verdes Drive West.
Mr. La Barba responded that it is the vegetation on the road median
which impairs the view when it is not trimmed. commissioner Clark
observed that trimming the vegetation would maintain the view. Mr.
La Barba agreed. I
Commissioner Mowids asked Mr. La Barba if he is willing to maintain
and replace vegetation to frame the house. Mr. La Barba responded
that he certainly would maintain the vegetation on the property out
of his own self-interest.
At this point, Chairman Katherman called for a five minute break
and instructed the audience that the commission would reconvene at
10:06 p.m.
PLANNING COMMISSION MINUTES
MAY 25, 1993
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Betsy Kelly, 6611 Vallon Drive, Rancho Palos Verdes, CA. testified
that she was concerned about the public view corridor and expressed
the hope that there was a way to preserve the ocean view.
Georgiane La Barba, 2621 Via Ramon, Rancho Palos Verdes, CA.
(Landowner) expressed how anxious and excited she is to start to
build her dream house.
Commissioner Hayes moved and Vice Chairman Byrd seconded to close
the public hearing. Motion was carried 7-0.
Associate Planner Terry Silverman commented that Staff initially
chose not to compare this structure with the homes in Lunada Pointe
for neighborhood compatibility, because Staff felt it was more
visually and physically related to homes on Palos Verdes Drive
West. Staff eventually did compare it to Lunada Pointe, only
because of the comments received from residents of that tract.
However, Staff used building permits, not Assessor's information or,
building plans, to determine the size of the homes. The main
difference between the proposed project and the other homes in
Lunada Pointe, is that these homes are not silhouetted against the
ocean, like the proposed structure. Compatibility was only one
finding against this application. Staff's primary concern in
denying the application was the finding that this project would be
contrary to both the General Plan and the Coastal Specific Plan due
to significant view impairment that would result from the
construction. This would be the only structure north of the Pt.
Vincente Lighthouse that extends above the horizon line. This was
of particular concern to Staff because of the extreme care and
consideration that was given in eliminating view impairment from
structures in the HMDI development, south of the subject property.
Staff felt that this house would be aesthetically pleasing to look
at, however, the intent of the Code is to prevent significant view
impairment. While the property is not located within an identified
view cone, the ocean view is protected and new structures should
not project into the view between Palos Verdes Drive West and the
coastline.
Commissioner Hayes stated that she was concerned about the impacts
to the view corridor, as it relates to the Coastal Specific Plan.
Planning Administrator Carolynn Petru quoted from the Coastal
Specific Plan: "A large portion of the Palos Verdes Drive
West/South/25th Street Corridor has visual aspects which qualify as
views. Those sections of the Drive which have ocean views qualify
here and a majority of the land on the offshore side falls within
the foreground of some portion of the drive which is a viewing
station. To protect this visual relationship between the Drive and
PLANNING COMMISSION MINUTES
MAY 25, 1993
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4111/ 41110
ocean in those areas which are not part of an identified vista
corridor, no buildings should project into a zone measured 2 ' down-
arc from horizontal as measured along the shortest distance between
the viewing station and the coastline. "
Planning Administrator Petru commented that the Coastal Specific
Plan is basically saying that there may be areas outside the view
corridor that still have protected ocean views across them.
Commissioner Mowlds stated that the Commission had already
discussed that this particular property is not in any viewing cone
and the Staff had acknowledged that. Commissioner Mowlds further
commented that the Coastal Specific Plan and the General Plan
appear to have left out the five houses that were there.
Commissioner Mowlds stated that he did not agree with that broad
base interpretation that everything is protected and wonders if
these properties were instead intentionally excluded.
Chairman Katherman stated that he would like to examine the
cumulative effect of the other three lots located to the south of
the subject property.
Commissioner Alberio stated that he supports Staff's
recommendation. He has a problem with the size of the residence
and wants the height lowered to protect the public view.
Commissioner Clark noted that he sees no significant view
impairment. Vice Chairman Byrd agreed, but added that he doesn't
want the ridgeline to extend above the horizon. He would like to
see the landowners do what they can to lower the house.
Chairman Katherman directed Staff to 1. investigate the foliage
removal; 2 . research the cumulative impact; 3 . revise views #4, #5
and #6 to lower the ridgeline to the greatest extent possible.
Commissioner Clark moved and Commissioner Hayes seconded to re-open
the Public Hearing and continue the item to on July 13, 1993. The
motion carried 7-0.
REPORTS
A. Staff
Director Bernard stated that there were no reports from Staff.
B. Commission
1. Commissioner Clark requested that the subcommittee
report on the proposed Amendments to the View
PLANNING COMMISSION MINUTES
MAY 25, 1993
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•J
Restoration and Preservation Ordinance be the
first item at 7: 00 p.m. on June 8, 1993 .
2 . Vice Chairman Byrd commented that the Commission's
coffee supplies were used at the Budget Workshop.
COMMENTS FROM THE AUDIENCE
There were no comments from the audience.
Planning Administrator Carolynn Petru asked the Planning Commission
for two possible dates regarding the luncheon for former
Environmental Services Director Dudley Onderdonk. The date of June
4 and 11 were decided.
Commissioner Clark moved, seconded by Commissioner Alberio to
adjourn the meeting. The meeting adjourned at 11:11 p.m.
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MAY 25, 1993
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