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PC MINS 19930928b APPROVED 10/26/93 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING SEPTEMBER 28, 1993 The meeting was called to order at 7:00 P.M. by Chairman Katherman at the Hesse Park Community Building, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed. PRESENT: Albedo, Byrd, Clark, Hayes, Lorenzen, Mowlds and Chairman Katherman. ABSENT: None. Also present were Director of Planning, Building and Code Enforcement Bernard, Planning Administrator Petru, Associate Planner Jerex, Assistant Planner Klopfenstein, Housing Consultant Genes and City Attorney Lynch. At this time, City Attorney Lynch advised that it would be appropriate to adjourn to a closed session for discussion of mat- ters relating to the Sierra Club vs. the City of Rancho Palos Verdes (Ocean Trails project). MOTION: Commissioner Mowlds moved, seconded by Commissioner Alberio, to adjourn to a closed session for discussion of matters relating to the Sierra Club vs. the City of Rancho Palos Verdes (Ocean Trails project). There being no objection, it was so ordered by Chairman Katherman. At 7:05 P.M. the meeting was recessed until 7:35 P.M. City Attorney Lynch announced that, during the recess, the Planning Commission discussed matters relating to the Sierra Club vs. the City of Rancho Palos Verdes (Ocean Trails project). PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 1 s COMMUNICATIONS 1. Director Bernard announced that the Planning Commission minutes of September 14, 1993 would be provided for consideration at the next meeting. 2. Director Bernard distributed resolutions pertaining to tonight's agenda .item on the Affordable Housing Program for the Ocean Trails Project (Vesting Tentative Tract Map Nos. 58666 and 58667). 3. Director Bernard supplied a supplemental staff report regarding tonight's agenda item on Tentative Tract No. 46651 - Time Extension (Kajima Development Corporation). CONSENT CALENDAR A. Minutes of August 24, 1993. B. Minutes of September 14, 1993. (deleted - none available) C. P.C. Resolution No. 93- ; Conditionally Approving Variance No. 358, Coastal Permit No. 117, Conditional Use Permit No. 73 - Revision "D", Grading Permit No. 1448 - Revision for after -the -fact approval of irrigation, walkways, fountain and minor grading seaward of the Coastal Setback Line, modification of the approved tract fencing and installation of land- scaping that exceeds the ridgeline on property located at 6478 Seacove Drive (Dr. Robert Hunt). MOTION; Commissioner Clark moved for the approval of Consent Calendar Item A (Item B was deleted and Item C was discussed below). The motion was seconded by Commissioner Alberio and it was so ordered without objection, with Commissioner Lorenzen and Chairman Katherman abstaining. With regard to Consent Calendar Item C, Commissioner Hayes questioned whether the resolution adequately addresses the removal of a portion of the wail along the west property line. Chairman Katherman pointed out that such a requirement is addressed in the conditions of approval for the project. PLANNING COMMISSION MINUTES 2 SEPTEMBER 28, 1993 MOTION: Commissioner Hayes moved for the approval of P.C. Resolution No. 93-27, conditionally approving Variance No. 358, Coastal Permit No. 117, Conditional Use Permit No. 71 - Revision "D", Grading Permit No. 1440 - Revision for after -the - fact approval of irrigation, walkways, fountain and minor grading seaward of the Coastal Setback Line, modification to the approved tract fencing and installation of landscaping that exceeds the ridgeline on property located at 6470 Seacove Drive (Dr. Robert Hunt). The motion was seconded by Commissioner Lorenzen and it was so ordered without objection, with Commissioners Clark and Mowlds abstaining. Continued Business, was considered later in the meeting (see page 11). PUBLIC HEARINGS A. AFFORDABLE HOUSING PROGRAM FOR THE OCEAN TRAILS PROJECT (VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667), Palos Verdes Land Holdings Co., 25200 La Paz Road, Suite 210, Laguna Hills, CA 92653 and Zuckerman Building Company, 12424 Wilshire Blvd., Suite 750, Los Angeles, CA 90025 (Coastal Subregions 7 and 8, located south of Palos Verdes Drive South and generally between the Portuguese Bend Club on the west and Los Angeles County Shoreline Park on the east). City Attorney Lynch provided procedural and ,judicial background information on the project. Because of a Court mandate, she called attention to the necessity of a timely Planning Commission determination on the issue of affordable housing for the Ocean Trails' project. Associate Planner Jerex presented the staff report. She noted modifications to information included therein. In answer to a question from Commissioner Alberio, Director Bernard and Associate Planner Jerex supplied information regard- ing off-site dwelling unit square footage. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 K3 Commissioner Clark requested input on the characteristics of other projects in the coastal zone which were surveyed. Informa- tion along those lines was related by Housing Consultant Genis of Sandra Genis, Planning Resources. She clarified that any off- site units should be located in the City. The Commission discussed issues associated with granny flats. Chairman Katherman declared the public hearing open. Project Manager Mike Mohler, 25200 La Paz Road, Suite 210, Laguna Hills, explained his company's desire to address outstanding issues regarding the project, particularly the Court mandate to resolve the issue of affordable housing. He addressed the fol- lowing topics: the square footage of the units;* the parking requirements and the garage configurations, should on-site affor- dable housing units be required; the in -lieu fee program options; the issue of disclosure and the idea of requiring the City Attorney's review of affordable housing applications prior to submitting them to the Department of Real Estate; and the matter of density bonuses for on-site affordable housing. Commissioner Mowlds discussed in -lieu fee options. Mr. Andrew Sargent, 1 Peppertree Drive, related his understanding with regard to the definition of "low income." He discussed the square footage of the affordable housing units; suggested that a minimum of 20% affordable housing units should be required; and stated that the value of the revenue which would be generated by the golf course should be considered when calculating in -lieu fees. Mr. J. J. D. McLaren, expressed his agreement with a minimum of 20%, on-site affordable housing. Ms. Lois Larue, 3136 Barkentine Road, stated her agreement with low-income housing. She voiced her opposition to the construc- tion of golf courses in the City of Rancho Palos Verdes and to the use of pesticides on them. Referring to information included in the staff report, Commissioner Mowlds questioned whether a total of eight affordable housing units, with four on-site would be acceptable to the developer. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 4 Mr. Mohler related his preference for 5% on-site affordable hous- ing and 5% off-site. Mr. Mohler requested a density bonus for relief from the requirement of one unit per buildable acre applying to on-site affordable housing and stated his desire for an in -lieu fee of $.50 per square foot of affordable housing. Chairman Katherman discussed the affordable housing density bonus requested by Mr. Mohler, as well as in -lieu fee options. Relevant input was provided by Housing Consultant Genis. MOTION: Commissioner Hayes moved to close the public hearing. The motion was seconded by Commissioner Clark and it was so ordered without objection. At 8:45 P.M. there was a recess until 9:05 P.M. E3 After the recess, Housing Consultant Genis suggested that the minimum unit sizes be taken into account when considering the number of individuals who could occupy them. During related discussion, Planning Associate Jerex related staff's continued support for 10% affordable housing units. Commissioner Alberio expressed his agreement with the staff recommendation and suggested modifying the minimum unit size to 775 square feet. He suggested that the number of garages corre- late with the size of the units and the number of people who could occupy them and stated his understanding that the State requirements do not mandate that golf course employees must have first right of refusal. City Attorney Lynch supplied clarification regarding the affordable housing requirement and the related issue of feasibility. Commissioner Lorenzen voiced his affordable housing and a minimum per unit. He suggested that the convenient location on-site awa; area. 5 agreement with a minimum of 10% of approximately 800 square feet affordable housing units be in a from the clubhouse maintenance PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 Commissioner Clark maintained that it would be feasible to provide affordable housing as part of the project. He supported 10% affordable housing divided equally between on and off site, and a density bonus as requested by the developer for relief from the requirement of one unit per buildable acre for the affordable units on site. Commissioner Byrd echoed Commissioner Clark's viewpoint regarding the feasibility of affordable housing for this project. He sup- ported one enclosed garage space plus one additional parking space per affordable unit and asked for discussion on granny flats. Associate Planner Jerex and Housing Consultant Genis related information with regard to granny flats. Additional input in that regard was supplied by Mr. Mohler and City Attorney Lynch. Chairman Katherman stated his feeling that granny flats would be additional low and moderate income housing above the 10%. The Commission agreed that the square footage for on- and off- site affordable units should be consistent, with a minimum of 775 square feet per unit. Chairman Katherman mentioned the possibility of two -car garages. He suggested that parking Code requirements be adhered to. Planning Administrator Petru offered input on parking Code requirements for multi -family developments which, she noted, is two spaces per unit. The Commission discussed the process for collecting in -lieu fees. Commissioners Alberio and Lorenzen agreed that in -lieu fees should be collected on a square -footage basis. Commissioner Mowlds, echoed by Commissioner Clark, preferred in - lieu fees based on square footage, with the fees being gradually collected from the building permits during the building period. He noted the need to factor in maintenance of the affordable units over thirty ,years. Chairman Katherman suggested that maintenance fees come out of the rent. He supported a density bonus as requested by Mr. Mohler and an in -lieu fee of $1.00 per square foot of habitable area. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 L Clarification about density bonuses was supplied by City Attorney Lynch. Should the Commission support such a bonus, she suggested that the density requirement for only the affordable housing units be waived. She also suggested that any in -lieu fees on the square footage basis be adjusted annually to reflect the Consumer Price Index. MOTION: Commissioner Mowlds moved to adopt P.C. Resolution No. 93-28 as written, recommending that the City Council certify Addendum No. 2 to Final Environmental Impact Report No. 36. The motion was seconded by Commissioner Hayes and, there being no objection, it was so ordered by Chairman Katherman. MOTION: Commissioner Mowlds moved to adopt P.C. Resolution No. 93-29, recommending that the City Council re -approve Vesting Tentative Tract Map No. 50666 and Tentative Parcel Map No. 23004, modifying Exhibit "A" as follows: 8. The developer shall provide five percent of the market housing to be developed, or a minimum of four dwelling units, of affordable housing for very low to moderate income households on site in conjunction with the development of the club- house and golf course maintenance facilities. Each unit shall contain at least 775 square feet of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent within one ,year of the opening of the clubhouse and shall remain affordable for a period of at least 30 years after initial occupancy. A covenant guaranteeing provision of the affordable units shall be recorded no later than the date of recordation of the final map. Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to moderate income employees of the Ocean Trails' project. Second priority shall be given to very low to moderate income persons working within four miles of the City's coastal zone. Third priority shall be given to persons with very low to moderate income levels, regardless of their location of employment (if employed). PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 V1 9. An in -lieu fee program of $1.00 per square foot, to be adjusted annually to reflect the Consumer Price Index, shall be paid by the developer of each home site prior to the issuance of a building permit in order to fund a minimum of five percent of the market housing to be developed, or a minimum of four dwelling units of affordable to very low income households off site. Each unit shall contain at least two bedrooms and a minimum of 775 square feet. The units shall be available for rent within one year of the opening of the clubhouse and shall remain affordable for a period of at least 30 years after initial occupancy. A covenant guaranteeing provision of the affordable units shall be recorded no later than the date of recordation of the final map. The motion was seconded by Commissioner Hayes and, there being no objection, it was so ordered by Chairman Katherman. MOTION: Commissioner Mowlds moved to adopt P.C. Resolution No. 93-30, recommending that the City Council re -approve Vesting Ten- tative Tract Map No. 50667 and Tentative Parcel Map No. 20907, modifying Exhibit "A" as follows: 8. The developer shall provide five percent of the market housing to be developed, or a minimum of four dwelling units of affordable housing, for very low to moderate income households on site in conjunction with the development of the club- house and golf course maintenance facilities. Each unit shall contain at least 775 square feet of living space and two bedrooms. A minimum of two enclosed parking spaces shall be provided for each unit. The units shall be available for rent within one year of the opening of the clubhouse and shall remain affordable for a period of at least 30 years after initial occupancy. A covenant guaranteeing provision of the affordable units shall be recorded no later than the date of recordation of the final map. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 NO • Project management, including tenant selection and income monitoring, shall be provided in a manner to be approved by the City. First priority for the units shall be given to very low to moderate income employees of the Ocean Trails' project. Second priority shall be given. to very low to moderate income persons working within four miles of the City's coastal zone. Third priority shall be given to persons with very low to moderate income levels, regardless of their location of employment (if employed). 9. An in -lieu fee program of $1.00 per square foot, to be adjusted annually to reflect the Consumer Price Index, shall be paid by the developer of each home site prior to the issuance of a building permit in order to fund a minimum of five percent of the market housing to be developed, or a minimum of four dwelling units of affordable to very low income households, off site. Each unit shall contain at least two bedrooms and a minimum of 775 square feet. The units shall be avail- able for rent within one year of the opening of the clubhouse and shall remain affordable for a period of at least 30 years after initial occupancy. A covenant guaranteeing provision of the affordable units shall be recorded no later than the date of recordation of the final map. The motion was seconded by Commissioner Hayes and, there being no objection, it was so ordered by Chairman Katherman. MOTION: Commissioner Mowlds moved to adopt Resolution No. 93-31, recommending that the City Council re -approve Conditional Use Permit No. 162 and Grading Permit No. 1541 for Residential Planned Development. The motion was seconded by Commissioner Alberio and, there being no objection, it was so ordered by Chairman Katherman. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 90 MOTION: Commissioner Mowlds moved to adopt Resolution No. 93-32 as written, recommending that the City Council re -approve Conditional Use Permit No. 163 and Grading Permit No. 1541 for the public golf course. The motion was seconded by Commissioner Hayes and, there being no objection, it was so ordered by Chairman Katherman. At 9:40 P.M. there was a recess until 9:50 P.M. NEW BUSINESS A. GRADING PERMIT NO. 1663, Mr. and Mrs. Lawrence, 6931 Crest Road. The presentation of the staff report was waived. Applicant Richard Lawrence, 6931 Crest Road, submitted communica- tions relevant to the project. He asked for clarification regarding recommended Condition Nos. 1 (re -grading of the tread of the existing footpath) and 2 (no additional grading in the extreme slope area between the building pad and the lower level rear yard area). Information about recommended Condition Nos. 1 and 2 was provided by Assistant Planner Klopfenstein. Mr. Lawrence then related his agreement with the recommended conditions of approval. In answer to a question from Commissioner Clark, he supplied background information on this after -the -fact request for approval. MOTION: Commissioner Alberto moved to approve the staff recommendation for approval of Grading Permit No. 1663 as submitted, with a modification to Condition No. 1 of Exhibit "A" to provide drainage subject to inspection and approval by the Building & Safety Division. The motion was seconded by Commissioner Lorenzen and it was so ordered without objection. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 IE B. TENTATIVE TRACT NO. 46651 - TIME EXTENSION. Kajima Development Corporation, Crest Road between Monaco Tract and Highridge Road. Director Bernard presented the staff report. Because of new State legislation requiring automatic two-year time extensions for tentative maps, Mr. Bernard recommended a denial of the request. He also recommended that the unused portion of the filing fee be returned to the applicant and indicated that other pending map applicants will be notified of the new legislation. On behalf of the applicant, Mr. Ross Adachi, Kajima Development Corp., 901 Corporate Center Drive, Suite 201, Monterey Park, noted the possibility that the new legislation could be overturned. Ms. Lois Larue, 3136 Barkentine Road, stated her opposition to debris basins. Commissioner Mowlds suggested that Ms. Larue address the topics under discussion. Chairman Katherman reviewed the issues at hand. MOTION: Commissioner Alberio moved, seconded by Commissioner Alberio, to deny the time extension for Tentative Tract Map No. 46651. It was so ordered without objection by Chairman Katherman. Discussion returned to Continued Business... CONTINUED BUSINESS HEIGHT VARIATION NO.765 - APPEAL, Cheng Hslao, 6414 Seabryn (applicant), and Mr. and Mrs. Parsa, 6408 Seabryn and Mr. and Mrs. Gerrie, 28926 Doverri.dge (appellants). Assistant Planner Klopfenstein provided the staff report. Planning Administrator Petru noted discussion about primary view at a recent joint meeting of the City Council and the Planning Commission. She explained the City Council's agreement with staff's interpretation of primary view. PLANNING COMMISSION MINUTES 11 SEPTEMBER 28, 1993 Appellant Jim Gerrie, 28926 Doverridge Drive, stated that approximately 500 of the potential view impairment from his residence has been diminished with the modifications to the project. He favored the removal of the tree on the applicant's east side property line adjacent to the front courtyard and asked for input regarding the possibility of an appeal fee refund since the project was redesigned. Information pertaining to view covenants was supplied by Assistant Planner Klopfenstein and Chairman Katherman. Director Bernard and Planning Administrator Petru affirmed that, should the project be approved as modified, the appellants would be entitled to an appeal fee refund. Appellant Fay Parsa, 6408 Seabryn Drive, voiced her objection to the project as proposed. She related her feeling that the project would be incompatible with the neighborhood; it would not be in compliance with Section 17.020.040(4A)(4B)(4C) of the Municipal Code; and that it would result in significant view impairment from the main living areas of her home. Commissioner Mowlds explained that, as is the case in this instance, the City's decision shall control when a property owner and the City do not agree on the location of the primary living/viewing area. Commissioner Clark pointed out that a letter from one of Mrs. Parsa's architects, Mr. Richard Greer, indicates that neighborhood compatibility is no longer an issue. On behalf of Mrs. Parsa, Mr. Sean Yavari, 8226 Webb Avenue, #12, North Hollywood, expressed his understanding that, according to the Code, any structure which impairs the view must minimize view impairment and that the subject project does not. Commissioner Mowlds stated his impression that Mr. Yavari was improperly interpreting the Code. Also on behalf of Mrs. Parsa, Mr. Richard Greer, 3601 W. Hidden Lane, #218, explained his viewpoint that the primary viewing area from the Parsa's home would be significantly impaired by the project. Director Bernard advised that the Code addresses entire view impairment and not just a specific view. PLANNING COMMISSION MINUTES 12 SEPTEMBER 28, 1993 Planning Administrator Petru provided clarification concerning Code requirements for determining primary viewing areas. Applicant Cheng Hsiao, 6414 Seabryn Drive, gave a detailed explanation on his efforts to resolve concerns expressed by the Gerrie's (28926 Doverridge Drive) and the Parsa's (6408 Seabryn Drive). He related his understanding of the Parsa's plans for an addition to their home and distributed signatures of neighboring residents who reviewed and approved the project. Chairman Katherman advised that the Commission that the possibility of an addition to the Parsa's home should not affect the Commission's determination on the subject project. Mrs. Parsa indicated that the view of concern would not be re -captured with the addition she plans to construct. Commissioner Clark related his feeling that the homes in the area were designed so that the primary view would be of the ocean and Catalina Island, which is not the case from the Parsa's family room on the west side of their home. MOTION: Commissioner Clark moved to uphold the appeal in part, as modified by design changes to the project. The motion was seconded by Commissioner Hayes and it was so ordered without objection. Chairman Katherman advised interested parties as to the 15 day appeal period from this date. HEIGHT VARIATION NO. 777 - APPEAL, Angie Proctor and Kirk Hyde, 7 Amber Sky Drive. Assistant Planner Klopfenstein provided the staff report on this appeal of the Director's decision for denial. She related staff's feeling that the height and scale of the two-story design would not be consistent with the neighborhood. Commissioner Mowlds mentioned his impression that there are a few two-story homes in the neighborhood. Chairman Katherman opened the public hearing. Applicant Kirk Hyde, 7 Amber Sky Drive, addressed the quality of the project and the reasoning behind the request. He felt that the project would be an improvement to the neighborhood. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 13 Project Architect Richard Landry, 10551 Jefferson Boulevard, called attention to efforts to minimize the impact of the roof line and articulate the building as much as possible. He maintained that the project would result in a "partial two-story home." Mr. Landry related his feeling that the residence at 14 Amber Sky looks like a two-story home and appears much bigger than the subject project. Applicant Angie Proctor, 7 Amber Sky Drive, noted a petition signed by approximately 29 neighboring residents in favor of the project. She related her feeling that the project would have a positive impact on the neighborhood; maintained that, although the roof line would be in view from the Levy's home (20 Crestwind), it would not obstruct the view from that residence; explained that the bulk of the house would be pushed to the rear of the property; and indicated that the project would be in keeping with the neighborhood in terms of the facade and roof finishes; but, it would have a more Spanish appearance than other homes in the area. Ms. Edna English, 11 Amber Sky Drive, supported the project as proposed. She felt that it would be an improvement to the neighborhood and related her feeling that there are many two- story homes in the area. Mr. Carl Schellenberg, 27 Oceanaire Drive, stated his concerns about potential impairment of his view over Del Cerro Park and the ocean horizon above the Park. Mr. Art Levy, 20 Crestwind, maintained that the project would obstruct the view from his rear yard and, as a result, the value of his property would be seriously affected. Project Architect Landry came forward again to explain that it would be difficult to reduce the hip of the roof any further. Chairman Katherman questioned whether additional grading would reduce the potential impact on the view from the Levy residence (20 Crestwind). Project Architect Landry advised that only a small portion of the project would be 26 feet high and that only 37% of the house would be on the second floor. He stressed efforts to avoid the appearance of a "two-story box" and to grade the first floor as little as possible. Mr. Landry pointed out that a portion of -the roof would be flat if it were to be further reduced. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 14 Returning to the podium, Ms. Proctor expressed her willingness to work with the Commission to address neighboring residents' concerns. Commissioner Lorenzen voiced his impression that the project would be architecturally pleasing but it would result in view impairment. MOTION: Commissioner Hayes moved to close the public hearing. The motion was seconded by Commissioner Byrd and it was so ordered without objection. MOTION: Commissioner Mowlds moved to approve Option No. 1 of the staff report, thereby upholding the appeal of Height variation No. 765 and approving the proposed second -story addition as revised, subject to the conditions of approval. The motion was seconded by Commissioner Byrd and ultimately passed as reflected below. Discussion continued with Commissioner Clark stating his opinion that the project would be a quality design in keeping with the Mediterranean theme of the Peninsula. He felt that the style of the neighborhood should not be restricted to designs of the past and that the project would not result in substantial view impairment. Chairman Katherman agreed with Commissioner Clark's opinion. Commissioner Byrd supported the proposed design which, he stated, would improve the value and appearance of the neighborhood. He objected to the idea that this would be a two-story home in a one-story neighborhood. There being no objection, the motion to uphold the appeal, thereby approving the protect, was so ordered by Chairman Katherman. Staff clarified that the resolution will be presented for consideration at the October 12, 1993 Planning Commission meeting. Chairman Katherman noted that the appeal period of 15 days from the date the resolution is approved. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 15 REPORTS A. Staff 1. Pre -Agenda of October 12, 1993 Regular Meeting No comments. B. Commission Commissioner Hayes was granted an excused absence from the October 12, 1993 Planning Commission meeting. COMMENTS FROM THE AUDIENCE (Regarding Non -Agenda Items) Mr. Richard Bara, I Peppertree Drive, questioned whether the Commission has the ability to impose additional conditions when granting a time extension for a project. Chairman Katherman advised that time extensions are governed by State Law and that the Commission does not have the authority to impose additional conditions when a request for a time extension is considered. ADJOURNMENT At 11:35 P.M. the meeting was formally adjourned to Tuesday, October 12, 1993, 7:00 P.M. PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 16