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PC MINS 19931012APPROVED 11/9/93 PLANNING COMMISSION MEETING REGULAR MEETING OCTOBER 12, 1993 The meeting was called to order at 7:32 p.m. by Chairman Robert Katherman at Hesse Park Community Park, 29301 Hawthorne Boulevard. PRESENT: Alberio, Byrd, Clark, Katherman, Lorenzen ABSENT: Mowlds, Hayes (Excused absence) Also present were Director of Planning, Building and Code Enforcement Bret B. Bernard, Planning Administrator Carolynn Petru, Associate Planner Donna Jerex and Recording Secretary Michelle Kennerson. The flag salute was led by Ken Huthmaker. CONSENT CALENDAR A. The minutes of September 14, 1993 were approved with corrections. Commissioner Clark abstained. (4-0-1) B. P.C. Resolution No. 93-34; Upholding Height Variation No. 777 - Appeal, thereby approving a new two story residence with a maximum height of 261-011, at 7 Amber Sky Drive, subject to conditions of approval (Mrs. Proctor and Mr. Hyde). (KK) Commissioner Byrd moved, seconded by Commissioner Alberio to approve P.C. Resolution No. 93-34. (5-0) PUBLIC HEARINGS The public hearing was opened. A. VARIANCE NO. 363, SITE PLAN REVIEW NO. 7329; Mr. and Mrs. Robert Stein, 6309 Via Colinita (FF) The Staff Report was waived regarding the applicant's request to allow a fifteen foot (151-011) encroachment into the required twenty foot (201-011) front yard setback to accommodate a 76 sq. ft. single family addition to the existing residence. William Lusby, 150 W. 6th St., Ste. 203, San Pedro, CA, architect, stated that he was in agreement with the proposed conditions of approval. The public hearing was closed. Commissioner Clark moved, seconded by Commissioner Alberio to adopt the Staff recommendation. The motion passed without objection. (5-0). P. C. Resolution No. 93-35. Vice Chairman Byrd commented to the audience that, in the previous variance and the following variance, the applicants are asking to intrude into the front yard setback. However, in each case, the house already intrudes that distance. The applicants are asking to add a small amount to one side and match the existing front yard setback. Mr. Byrd assured the audience that it appeared that the Commission is reviewing the cases very quickly, but in fact they have studied them quite extensively. Commissioner Clark added that the Commission has indeed studied the cases and have visited the sites. He stated that the Commission finds that there is no adverse impact to the adjacent neighbors. Chairman Katherman stated that both these cases point out the need for some community standards, to allow houses that were built prior to the City's incorporation with reduced yard setbacks to expand to match keep their current front yard setback. B. VARIANCE NO. 366, GRADING PERMIT NO. 1703• Mr. and Mrs. Len Wood, 4228 Palos Verdes Drive East (FF) The Staff Report was waived regarding the applicant's request to allow a maximum thirteen foot (131-011) encroachment into the required twenty foot (201-011) front yard setback to accommodate a new 602 square foot addition to the existing residence. The public hearing was opened. Olympia Greer, Greer and Associates, 522 S. Catalina Ave., #A, Redondo Beach, CA, architect, stated that she was in agreement with the proposed conditions of approval. The public hearing was closed. Commissioner Byrd moved, seconded by Commissioner Lorenzen, to adopt the staff recommendation. The motion passed without objection. (5-0). P.C. Resolution No. 93-36. C. GENERAL PLAN AMENDMENT NO. 20, ZONE CHANGE NO. 21, CODE AMENDMENT NO. 37, ENVIRONMENTAL ASSESSMENT NO. 653; pas Station Ordinance for Eight Automotive Service Stations located throughout the City. Associate Planner Jerex presented the Staff Report stating that the item regarding the Automotive service Station Overlay Control District was last heard by the Planning Commission on August 21, 1993. In order to gain clear direction from the City Council, the item was heard by the Council on September 21, 1993. PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 2 The City Council's opinion and direction to Staff was that all uses previously recommended by the Planning Commission, which include full and self service gas stations, sales of food and sundry items, and services and products which are secondary uses to automotive service stations, should all be reviewed through a Conditional Use Permit. In accordance with this direction, Staff has crafted an ordinance setting forth development standards, as well as suggestions for changes to the General Plan, for the Planning Commission's consideration. Ms. Jerex continued to say that these are minimum standards, and each new use would be subject to the public hearing process, and review by the Planning Commission, who may, at their discretion, impose further conditions on individual projects. She also pointed out that there are several typographical errors on the draft ordinance on page 5 under "hours of operation". For the automotive repair and ancillary uses, these should read 118 a.m. and 5 p.m. to 9 a.m. to 6 p.m." These corrections have been made to the resolutions which are being given to the Commission this evening. Given the time constraints in returning this item to the City Council, any changes the Commission may have to the resolutions should be read into the record. Commissioner Alberio commented that he noticed there were no provision for the stations to be available for auto repair on Sundays. Ms. Jerex responded that would be up to the Commission's discretion and the hours of operation included in the draft ordinance were from a survey of the existing service stations in the City. Also, these are minimum standards, so as each use is submitted, they would be reviewed separately. Mr. Alberio also stated that in all cases there is now a requirement for a Conditional Use Permit. Director Bernard clarified that what the Commission approved is a number uses which would not require the CUP and some that would. The City Council felt that in order to be sensitive to the neighborhoods, a CUP should be required, even with these development standards. Commissioner Byrd stated that when he attended the City Council meeting the discussion concerned only one gas station site at Crestridge and Highridge. As a result, the City Council asked for a CUP to be required for each of the eight gas stations, not just one. Mr. Byrd continued to say that he feels that the Commission should grant the same conditions to the gas stations that the Commission considered at the first hearing. And then if the City Council would like to require a CUP on any one or more of the stations, it would be at their discretion. This way all eight PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 3 service stations would not be penalized because of one service station. Discussion then ensued among the Commission and Ms. Jerex regarding spot -zoning. Commissioner Clark asked that if what the Commission is reviewing is the Overlay Control District, then why do these owners of the service stations have to come back for a CUP? Director Bernard responded these owners only have to come back if they expand their current use or change their mode of operations for the current use. They can continue as they now operate without obtaining a CUP. Ms. Jerex clarified to Commissioner Clark that Staff is not requiring a CUP for all eight service station sites. She continued to say the CUP would be required for each individual project applicant coming in the future. Commissioner Clark then stated that the Commission would recommending a Development Code amendment for the Overlay Control District which would include the kind of uses plus the expanded uses, that were mentioned before. Discussion ensued among the Commission and Staff regarding the expanded uses and benefits for the service station owners if the Commission were to recommend adoption of the Ordinance. Ms. Jerex stated that the Commission is providing a "right", especially for the four service station sites that are zoned "residential and institutional", they don't have that "right" as it exists now. By creating an Overlay Control District, it is much more clear as to what is allowed for automotive use and restricts the sites to not allowing certain types of auto body repair work. Chairman Katherman stated that what the Ordinance provides for the four sites that are zoned "residential/ institutional" is to keep them from having to go through the General Plan Amendment and Zone Change process, and then potential Conditional Use Permit, process all at the same time. Commissioner Byrd stated that he would like to recommend to City Council that a CUP not be required. Chairman Katherman stated that was the original Planning Commission recommendation. Discussion again ensued among the Commission and Staff regarding the CUP's and the potential ancillary uses for the service stations. The public hearing was opened. Jack Harper, 22 Aspen Way, Rolling Hills Estates, CA referring to the Unocal station at 28732 Highridge Road, cited noise pollution, visual pollution, a question of safety, environmental protection, PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 4 and deteriorating property values as the reasons why he requests the Commission to recommend denial of the proposed ordinance for an automotive repair business at the location in question. Commissioner Alberio asked Mr. Harper if the gas station already there when he moved to his present address the gas station already there. Mr. Harper responded that it was there. Jo Landau, 2 Hillcrest Meadows, Rolling Hills Estates, CA stated that she is a Planning Commissioner for the City of Rolling Hills Estates, but she is not representing that City tonight. She is representing the Hillcrest Meadows Homeowner's Association. She stated her home is 100 feet from the service station located at 28732 Highridge Road. Ms. Landau stated for the record that the Hillcrest Meadows Homeowners Association and Mr. and Mrs. Kenneth Landau are in support of the CUP for the Overlay Control District. She stated that they are, however, against Section 17.36.073, 17.36.074 of the proposed Development Code Revision. She continued to that say that even though she opposes any auto repair facility, she believes a CUP is necessary for the development of the site. Commissioner Alberio asked Ms. Landau if the service station was there when she was a resident of Rancho Palos Verdes Ms. Landau responded that it was closed at that time. Discussion ensued among the Commission and Ms. Landau regarding the non -conforming rights of that particular site. William R. Myers, 28103 Hawthorne Blvd., Rancho Palos Verdes, C asked the Commission about the hours of operation indicated in the Staff Report. Director Bernard clarified to Mr. Myers that these are the minimum standards that are suggested. When you apply for a CUP, the standards can be made more or less strict. Mr. Myers then proceeded to explain to the Commission his current hours of operation, and also what he would like them to be in the future. There was discussion among the Commission and Mr. Myers regarding the possible upgrades to his station, the possibility of installing a small market on the site and how the Overlay Control District assist him in making some expansion on the site. Steve Saporito, 28004 Ridgebluff Court, Rancho Palos Verdes, C stated that Ms. Landau property is more than 100 feet from service station. He stated that in order to receive financing, he needs an approved set of plans. Unfortunately, that cannot happen until the City adopts the Ordinance and he knows what type of restrictions would apply to his property. He stated he wants to work with the City and community to upgrade his station so that it would benefit PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 5 everyone. He urged the Commission to speed this process along, so that he can rebuild his business. Chairman Katherman asked Staff when Mr. Saporito could legally submit plans and a CUP if the City Council were to act on the October 21, 1993. Staff responded that an application could be filed after December 3. Discussion ensued among the Commission and Mr. Saporito regarding the remodeling and expansions to his service station. The public hearing was closed. Commissioner Clark stated that he was concerned about getting "too boxed in" with the proposed standards. Director Bernard responded that Staff conducted a survey of the eight sites and developed these standards based on the results. It is up to the Commission's discretion to make them more stringent or less stringent than are set forth in the Code, on a case by case basis. Commissioner Clark stated that in fact, these standards are guidelines that can be deviated from in the approval of the individual CUP's for the various sites. Ms. Jerex stated that the specific purpose of the overlay Control District is to establish a zone where special attention can be applied to unique sites. Since some of these sites are located in different types of zones, there maybe different landscaping or walls that would be considered, depending on the adjacent uses. Commissioner Byrd suggested that they recommend to the City Council the Commission's original position. Commissioner Alberio stated that he thinks the these standards can be easily taken care of with the CUP. Discussion ensued amongest the Commission and Staff regarding the height of the pump station canopies being either 161 or 301. Planning Administrator Petru stated that she had drafted some specific language on the change the Commission wanted to make to Section 17.073: "the following development guidelines shall be used to review automobile services within the C-4 zone. However, these guidelines may be deviated from, as deemed appropriate, per individual case". Commissioner Clark stated that he feels all eight service stations should be included in the Overlay Control District. PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 6 Commissioner Byrd moved, seconded by Commissioner Alberio to recommend adoption of General Plan Amendment No. 21, to allow for the addition of an Automotive Service Overlay Control District to the City's General Plan (5-0) P.C. Resolution No. 93-37 Commissioner Byrd, seconded by Commissioner Lorenzen to recommend adoption of Zone Change #22 and Code Amendment No. 37, thereby amending Title 17 of the Municipal Code to create an Automotive Service Overlay Control District. (5-0) P.C. Resolution No. 93- 38. Chairman Katherman was excused from the meeting at 9:00 p.m. Vice Chairman Byrd conducted the remainder of the meeting. NEW BUSINESS A. CONDITIONAL USE PERMIT NO. 23 - REVISION "XX" GRADING PERMIT NO. 1698, Mr. and Mrs. Kim, 3442 Palo Vista (TS) Planning Administrator Petru presented the Staff Report stating that in 1989 the Planning Commission adopted guidelines for development of homes on the Seacliff Hills tract. Staff has reviewed the proposed project for consistency with those guidelines and has found that this project does not comply with the standards in regards to open space and lot coverage and also for grading. Lot coverage is typically calculated using the building footprint, driveways, parking areas, patios, and covered walkways. However, in the Seacliff Hills tract, open space is defined as "unimproved areas". Therefore, pools, spas, open patios, decks, stairways and garden walls and the like, all count as lot coverage in the Seacliff Hills tract. It is also important to note that when Seacliff Hills was originally developed the underlaying zoning district is RS -1, so the 75% open space requirement applies. However, when the Planning Commission adopted the guidelines, they recognized the fact that downsloping lots, such as the subject property, tend to be much smaller than the upsloping lots on the opposite side of the street. So in that case, they allowed a 700 open space requirement for downsloping lots, giving them a 5% break on the open space requirement. In addition, in reviewing individual projects, the Planning Commission in the past has been more lenient than the guidelines actually require for open space. For example, the Planning Commission has allowed a three foot wide walkway circumventing a house to not count as lot coverage. In addition, any graded areas that is returned to a reasonably natural looking topography has also been counted as open space and not used to penalize the applicants. However, in the case of the subject property, the footprint driveway inside the patio area amount to approximately 5,914 1/2 sq. ft. of lot coverage. This is approximately 52% of the property remaining as open space, which excludes the graded areas. This is results in an 18% reduction in PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 7 the required 70% open space requirement. This is a reduction that is not consistent when compared to other projects in the same development. The Planning Commission has previously denied requests for additional lot coverage in the form of pools, spas and additional yard area covered by pavement. Ms. Petru continued to say that when the guidelines were developed, a requirement for upper level open space was placed in the guidelines in an effort to create articulation, particularly for the rear facade of these homes that face Palos Verdes Drive South. The upper level must be 20% smaller than the lower level, excluding the garage. Ms. Petru said as far as grading is concerned, the proposed structure would require approximately 1,891 cubic yards of grading which breaks down to 1,273 cubic yards of cut and 618 cubic yards of fill. Approximately 655 cubic yards would be exported from the site. For comparison, Staff reviewed the other properties on Palo Vista Drive and found that only three other properties on the street have required grading in excess of 1,000 cubic yards. Therefore, Staff feels that the amount of grading that is proposed for this project is excessive in comparison to what has been granted previously on this street. Staff recommends that the project be remanded back to the applicant for redesign. Discussion ensued among the Commission and Staff on the stringent open space requirements referred to in the Staff Report. The public hearing was opened. Duksu Lee, 690 Wilshire Blvd., Rm. 216, Los Angeles, architect, presented a re -calculation of the grading required for the project. Commissioner Byrd asked Staff if they had seen these figures that Mr. Kim was presenting. Staff responded that they had not, only the ones that were submitted with the grading application. Director Bernard commented that Staff's calculations on the cut and fill were based on what the applicant's provided in their application. Discussion ensued amongest the Commission and the applicant's representative about the grading figures. Commissioner Alberio stated that he cannot see how the Commission can discuss this property without Staff reviewing it first. This is the first time Staff had been given this information, which is entirely different from what they have in the Staff Report. PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 8 Kevin Sears, 3324 Palo Vista Drive, RPV, CA. President of the Seacliff Hills HOA, stated that he was under the assumption that the residence was covering up to 46% of the property. He had not seen any of the renderings until he came tonight. He hoped that the design was not going to appear out of place with the rest of the tract. Commissioner Alberio and Commissioner Byrd had a discussion with Mr. Sears regarding whether Seacliff Hills HOA's CC&Rls require the review of design plans and the subject of lot coverage. Ms. Petru stated that Staff would certainly be willing to review revised plans. The numbers that Staff came up with on lot coverage were scaled from the applicant's drawings, so if these drawings are incorrect or have been revised, Staff needs new plans. Staff would also like the issue of articulation and second story open space addressed as well. Commissioner Byrd asked Staff if the applicant redesigns the structure to conform to set of figures that Mr. Kim presented tonight, would they have to come back to the Planning Commission. Ms. Petru responded that it would require Staff level approval only. Commissioner Byrd recommended that the applicant redesign the structure to conform to the new figures. Commissioner Alberio agreed and said he thinks the Staff needs to review the new figures. Commissioner Alberio moved, seconded by Commissioner Lorenzen to direct the applicant, via minute order, to redesign the structure to conform to Seacliff Hills Development Guidelines with respect to Open Space/Lot Coverage and Grading. (4-0) STAFF AND COMMISSION REPORTS None. COMMENTS FROM THE AUDIENCE Lois Larue asked the Commission if public funds were used to construct a road, could the road then be vacated to private interests. Ms. Larue also commented on the gender depicted in the graphics used on the speaker request forms, stating there was only one female pictured. She then commented on the urgency of the repairing of the road located in the Portuguese Bend Club. The meeting adjourned at 9:37 p.m. PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 9 PLANNING COMMISSION MINUTES OCTOBER 12, 1993 PAGE 10