PC MINS 19940712APPROVED
00 1.0
7/26/94
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION
REGULAR MEETING
July 12, 1994
The meeting was called to order at 7:08 P.M., by Chairman Alberio
at the Hesse Park Community Building, 29301 Hawthorne Boulevard.
The Pledge of Allegiance followed, led by Nancy Hutar.
PRESENT: Commissioners Hayes, Ferraro, Vannorsdall, Wang,
Whiteneck, Vice Chairman Mowlds and Chairman Alberio
ABSENT: None
Also present were Planning Administrator Petru, Senior Planner
Rojas, and Associate Planner Silverman.
COMMUNICATIONS
A. STAFF
Associate Planner Silverman distributed correspondence to the
Planning Commission from the Portuguese Bend Homeowners Association
and Architectural Committee for Agenda Item VIIIA, 29 Sweetbay
Road.
B. COMMISSION - NONE
ORIENTATION
A. CEQA Presentation by David Evans and Associates, and
Staff
Mark Blodgett and Nancy Hutar presented a complementary overview of
the California Environmental Quality Act and answered questions
from the Planning Commission.
RECESS AND RECONVENE
Recessed at 7:56 P.M. and reconvened at 8:04 P.M.
CONSENT CALENDAR
A. Planning Commission Minutes of June 14, 1994.
Commissioner Vannorsdall requested that, on Page 3, the fourth
paragraph be changed to read "Commissioner Vannorsdall wondered if
the project involved grading or if it was on the original slope".
Vice Chairman Mowlds noted that on Page 5, the second "not" should
be deleted in the second sentence.
Commissioner Hayes asked that, on Page 8, the fourth paragraph be
revised to read "Commissioner Hayes felt it was important to
determine whether or not a home could be built on each of the two
proposed lots".
Commissioner Hayes moved to accept the June 14, 1994 minutes, as
amended, seconded by commissioner Wang. Approved (7-0).
B. Planning Commission Minutes of June- 28, 1994.
Commissioner Ferraro moved to accept the June 28, 1994 minutes, as
written, seconded by commissioner Vannorsdall. Approved (6-0-1),
with commissioner Hayes abstaining (as she was not present at the
June 28, 1994 meeting).
CONTINUED BUSINESS
A. PROPOSED AMENDMENTS TO TITLE 16 & 17 OF THE CITY'S
MUNICIPAL CODE (DEVELOPMENT CODE REVISIONS)_• City of
Rancho Palos Verdes, Citywide. (JR)
Reading of the Staff report was waived.
17.60.020(1) (Conditional Use Permits - Purpose]
Commissioner Wang noted that the paragraph letters should be
revised since "Public utility structures" was deleted and Senior
Planner Rojas said that he would make the correction.
17.60.0501BI (Conditional Use Permits - Public Hearing]
Vice Chairman Mowlds asked why a public hearing was not required
for master television antennas in multiple -family developments and
asked if this was due to a Federal regulation.
Senior Planner Rojas replied that he did not think there was a
Federal regulation regarding this but he would investigate the
matter. He believed that this type of project was minor enough
that it did not warrant a public hearing.
17.60.080 (Conditional Use Permit - Time Limit]
Commissioner Ferraro commented that, in the middle of the
paragraph, the words "based on" had been deleted and replaced with
"in light of". She felt "based on" was more appropriate. I
Senior Planner Rojas explained that this was a revision from 1991
but that it could be changed back to the original language, if the
Commission so desired.
PLANNING COMMISSION MINUTES
JULY 12, 1994
PAGE 2
It was the consensus of the Planning Commission to change the words
to "based on".
17.62.020(8) [Special Use Permits - Uses and Developments
Permitted]
Commissioner Wang asked if a section number has been assigned yet
and Senior Planner Rojas responded that this would be in the next
portion of the revision process.
17.62.060 (Special Use Permits - Appeals)
Commissioner Ferraro asked that, in the next to the last sentence
of this section the word "had" in the phrase "no appeal to the City
Council may be had" be changed to "made" to read "no appeal to the
City Council may be made". Senior Planner Rojas said he would make
the change.
17.68.070 [ZoneChangesand Code Amendments - Filing Fee]
Commissioner Hayes asked if the word "or" could be added to the
sentence to read "A filing fee..... and/2r Code Amendment
application...." and Senior Planner Rojas said that the sentence
would be amended as suggested.
17.68.080(A) [Zone Changes and Code Amendments - Notification]
Commissioner Wang and commissioner Vannorsdall confirmed with Staff
that the letters in parentheses should indeed read 11 (a) , (b) , (c) ,
(e) and (f}", and that the letter "(d)" was deliberately excluded.
17.70.020(D) [Site Plan Review - Application]
Commissioner Hayes stated that the word "planning" before director
should be removed and Senior Planner Rojas said he would delete it.
Commissioner Hayes also asked why the Director has the right to
waive the requirement for information.
Planning Administrator Petru answered that sometimes certain
information was not necessary for Staff to review the application.
Senior Planner Rojas added that this instance would apply mostly to
Site Plan Reviews applications that Staff encountered every day
over-the-counter.
17.70.020(D)(12) [Site Plan Review - Application]
Commissioner Vannorsdall asked if the location of all easements
should be included in the list of required information.
PLANNING COMMISSION MINUTES
JULY 12, 1994
PAGE 3
Senior Planner Rojas agreed that this was a good idea because
easements were important and should be required to be shown on the
plan.
17.70.030 [Site Plan Review - Approval]
Commissioner Hayes asked why the portion regarding extensions was
deleted and asked if the Director could no longer grant time
extensions.
Senior Planner Rojas explained that this deletion was from the
previous revisions and Staff would further investigate this issue.
As in Section 17.62.060, Commissioner Ferraro asked if, in the last
sentence of this section the word "had" in the phrase "no appeal to
the Planning Commission or City Council may be had" be changed to
"made" to read- "no appeal to the Planning Commission or City
Council may be made" and Senior Planner Rojas said he would make
the change.
17.72.040(C) [Coastal Permits - Uses and Developments Permitted in
the Coastal Setback Zone]
Vice Chairman Mowlds asked if other, items should be prohibited in
the Coastal Setback Zone, such as irrigation systems, water lines,
fountains, and flagpoles and Senior Planner Rojas agreed to expand
this list.
17.72.060 [Coastal Permits - Uses and Developments Excluded from
the Coastal Permit Procedure]
Vice Chairman Mowlds suggested that walls and fences should be
prohibited, unless they were 90% open.
Planning Administrator Petru explained that this portion of the
Code included the entire Coastal Zone, while the requirement for
90% light and air fences only applied to areas seaward of the
coastal setback line.
17.72.090(A) [Coastal Permits - Public Hearing, Appealable
Development]
Commissioner Wang noted that the word "may" should be deleted in
the second sentence and Senior Planner Rojas said he would make the
correction.
PLANNING COMMISSION MINUTES
JULY 12, 1994
PAGE 4
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17.72.090(B) [Coastal Permits - Public Hearing, Nonappealable
Development]
Vice Chairman Mowlds asked for a definition of a "nonappealable
development" and Planning Administrator Petru explained that
projects approved by the City in the area between Palos Verdes
Drive South and the first public road (the "nonappealable area")
could be appealed only to the City Council and not to the Coastal
Commission.
17.72.110(A)(5) [Coastal Permits - Appeals]
Vice Chairman Mowlds asked who the Secretary to the Planning
Commission was and Planning Administrator Petru said it was the
Director.
17.72.110(A)(5)_[Coastal Permits - Appeals]
Vice Chairman Mowlds asked if the Hearing Officer was also the
Director and Planning Adm±nistrator Petru answered that this was
correct.
As an aside, Vice Chairman Mowlds asked in what portion of the Code
was there a provision to make sure that related applications which
currently require action by different bodies (i.e. Planning
Commission approves the Conditional Use Permit and City Council
approves the Tentative Tract Map) would all be approved by the City
Council, instead.
Planning Administrator Petru stated that she believed this was
already in the Code Revisions but that Staff would verify this
fact.
17.74.050(A) (Residential Planned Development Permit - Occupancy
Permit]
Vice Chairman Mowlds noted that the Code needed to address the fact
that sometimes there are two tract maps with one Conditional Use
Permit and the occupancy permits could be held up for one tract if
the common open space improvements had not been completed in the
other tract, as in the case of Ocean Trails. I
Planning Administrator Petru clarified that the Code did say that
the Director could approve the release of each building phase,
avoiding the problem Mr. Mowlds described.
vice chairman Mowlds made motion to continue to public hearing to
July 26, 1994, seconded by Commissioner Vannorsdall. Approved (7-
0).
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JULY 12, 1994
PAGE 5
Prompted by a request from Commissioner Hayes, a discussion ensued
between the Planning Commission and Staff regarding how the final
Code language would be presented to the Commission and it was the
consensus of the Commission that they would like the entire Code at
one time in order to check cross references and also that they
would like at least an extra week before the scheduled meeting in
which to make their final review.
B. EXTREME SLOPE NO. 35; ENCROACHMENT PERMIT NO. 23; GRADING
PERMIT NO. 1723; Mr. and Mrs. Soderstrom, 3324 Crownview
Drive. (FF)
Commissioner Hayes recused herself due to a possible business
relationship with a family member of the applicant.
vice Chairman Mowlds moved that
waived, seconded by Commissioner
Commissioner Hayes abstaining.
reading of the Staff Report be
Ferraro. Approved (6-0-1), with
The Public Hearing was still Open from the June 14, 1994 meeting.
Charles Soderstrom, 3324 Crownview Drive, Rancho Palos Verdes. Mr.
Soderstrom said that he was available for questions.
Commissioner Wang asked about a letter received immediately before
the June 14, 1994 meeting regarding a resident near the subject
property who wanted to install solar panels but was not allowed to
do so. At that time, Staff had indicated that no details were
known and Commissioner Wang asked if there was additional
information available.
Both Vice Chairman Mowlds and Chairman Alberio agreed that whether
or not a neighbor had been denied permission to install solar
panels had no -bearing on the decision regarding the subject
property.
Vice Chairman Mowlds noted that one of the Conditions of Approval
specified that the deck should be of a color which would blend with
the natural slope, subject to review and approval of the Director
of Planning, Building and Code Enforcement, and asked if this
restriction would apply to the screen wall rather than to the deck.
Planning Administrator Petru explained that the screen wall was
considered to be part of the deck. When Mr. Soderstrom asked if
the face of the deck had to be the same color as the slope,
Planning Administrator Petru clarified that the color need not
necessarily match the slope, but be wood toned or another natural
color to blend with the color of the slope.
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JULY 12, 1994
PAGE 6
Vice Chairman Mowlds commented that the vegetation being planted
would fill in over the years to screen the stucco screen wall.
However, until that time, if the stucco matched the color of the
house, rather than blending with the slope, the house would appear
to be three stories high. Vice Chairman Mowlds wanted to make sure
Mr. Soderstrom understood Staff's intent and Mr. Soderstrom. said
that he did.
Planning Administrator Petru added that the condition controlling
the color of decks over extreme slopes came from the performance
criteria included in the Code.
Vice Chairman Mowlds moved to Close the Public Hearing, seconded by
Commissioner Vannorsdall. Approved (6-0-1), with Commissioner
Hayes abstaining.
Vice Chairman Mqwlds moved to accept the Staff's recommendation to
Approve Extreme Slope No. 35, Encroachment Permit No. 23, and,
Grading Permit -No. 1723; in accordance with the Conditions of
Approval, seconded by Commissioner Vannorsdall. Approved (6-0-1),
with Commissioner Hayes abstaining.
Chairman Alberio stated that the P.C. Resolutions would be signed
that evening and that the decision would be final, unless appealed
within 15 days.
Commissioner Hayes returned to the dais.
PUBLIC HEARINGS
A. VARIANCE NO. 375; Mr. and Mrs. Michael Barth, 29 Sweetbay
Road. (TS)
Associate Planner gilverman presented the Staff Report. Included
was the fact that the applicants wish to construct a 384 square
foot second story loft/storage area above the new detached garage
and that Staff recommended denial of the Variance. Associate
Planner Silverman noted that Staff had been made aware that day of
possible discrepancies in the plans which affect the determination
of height of the proposed structure in relation to the existing
residence. She added that the architect clarified that the
proposed addition would be approximately one foot lower than the
ridgeline of the house and that the architect was present to answer
any questions the Planning Commission might have regarding this
issue.
PLANNING COMMISSION MINUTES
JULY 12, 1994
PAGE 7
Commissioner Hayes asked Associate Planner Silverman to explain the
change in the height of the proposed structure and Ms. Silverman
said that the ridge of the house was actually slightly over
elevation 129'; the addition to the house would be at elevation
129' and the garage would be at elevation 1281.
Chairman Alberio asked from where these measurements were taken and
Associate Planner Silverman explained that, for an accessory
structure (unlike a main residential structure), the maximum height
was measured from any point around the structure.
A discussion ensued between Vice Chairman Mowlds and Associate
Planner Silverman regarding alternate building sites on the
property. Ms. Silverman mentioned that one possible location was
between the existing guest quarters and the existing garage, but
indicated that Staff's analysis was based on the square footage
available for development and was not necessarily a detailed
analysis to determine alternate building locations on the property.
Commissioner Ferraro asked'for clarification of the fact that the
Staff Report mentioned that there was an existing 3,510 square feet
house on the subject property; however, even with the new
construction, the house itself would be only 2,100 square feet.
Associate Planner Silverman replied that the Staff Report indicated
that the 3,510 square feet included the existing guest quarters, as
well as the approved garage, covered patios and all other
structures on the property.
Chairman Alberio Opened the Public Hearing.
Michael Barth, 29 Sweetbay Road, Rancho Palos Verdes. Mr. Barth
explained that a large portion of the open space area on the lot
was unbuildable•- because of the existing cesspool. He indicated
that there was room between the front of the house and the street
but, aesthetically, that was not an appropriate site. He noted
that the Portuguese Bend Architectural Committee had approved the
project (in writing) and added that he and his architect took into
consideration the needs of the neighbors, as well as his family's
needs, stating that they wished to improve, not damage, the
neighborhood. He explained that additional garage space was needed
because his children would be driving soon and there was no on -
street parking in the area. He also explained the need for storage
space because the house, even with the addition, would be only
2,150 square feet in size. He added that the house is located on
a large lot with a number of large trees, which will remain to help
shield the house from view from the street and the adjacent
neighbors.
PLANNING COMMISSION MINUTES
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PAGE 8
Commissioner Vannorsdall asked what utilities would be required in
the garage/storage area and Mr. Barth said there would be only
electricity (no water, sewer, natural gas, etc.).
Prompted by a question from Commissioner Vannorsdall, a discussion
ensued between Mr. Barth, Vice Chairman Mowlds, and Commissioner
Vannorsdall, which determined that the ceiling height in the
storage area would be 811".
Commissioner Whiteneck made motion to Close the Public Hearing,
seconded by Commissioner Hayes. Approved (7-0)
Commissioner Ferraro said that she could see no problem with
neighborhood compatibility because the lots were large, there was
a lot of large trees for screening, and the design of the
structures was in keeping with the equestrian area.
Chairman Alberio asked if Ms. 'Ferraro felt that the project would
be appropriate In other parts of the City, for instance, Island
View, and commissioner Ferraro said that she felt it would not be
appropriate in the Island View tract. I
In agreement with commissioner Ferraro's answer, Vice Chairman
Mowlds moved to approve the project with the stipulation that the
proposed building is 11 lower than the ridge height of the main
structure, seconded by Commissioner Vannorsdall. Approved (7-0)
Commissioner Hayes mentioned that the compelling argument for her
was the written approval of the Portuguese Bend Architectural
Committee and reiterated that this project would not be appropriate
in many parts of the City and Commissioner Whiteneck agreed.
Planning Administrator Petru said that a Resolution would be
brought to the -July 26, 1994 meeting for signature and that a 15 -
day appeal period will begin at that time.
Mr. Barth expressed his appreciation of the spirit of service
evident in the Commission and the Staff and thanked them for their
efforts.
REPORTS AND COMMUNICATIONS
A. STAFF
1. Pre -Agenda for the July 26, 1994 meeting.
B. COMMISSION - NONE
PLANNING COMMISSION MINUTES
JULY 12, 1994
PAGE 9
COMMENTS FROM AUDIENCE ,(regarding non -agenda items)
Lois Larue, 3136 Barkentine Road, relayed a humorous anecdote and
discussed her geological studies in Northern California and the
Palos Verdes earthquake fault.
ADJOURNMENT
Commissioner Whiteneck moved, seconded by Commissioner Hayes, to
Adjourn. Motion carried and the meeting was duly adjourned at 9:10
P.M. to the regular meeting on July 26, 1994.
(A JD MINUTES DISK #4 - MIN? 12)
PLANNING COMMISSION MINUTES
JULY 12, 1994
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