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PC MINS 199407260 APPROVED ON 8/23/94 (q!) CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING JULY 26, 1994 The meeting was called to order at 7:03 P.M. by Chairman Alberio at the Hesse Park Community Building, 29301 Hawthorne Boulevard. Chairman Alberio led the Pledge of Allegiance which immediately followed. PRESENT: Commissioners Hayes, Ferraro, Vannorsdall, Wang, Whiteneck, Vice -Chairman Mowlds and Chairman Alberio. ABSENT: None. Also present were Director of Planning, Building and Code Enforcement Bernard, Planning Administrator Petru, Senior Planner Rojas and Assistant Planner Klopfenstein. COMMUNICATIONS A. Late Correspondence. Director Bernard noted that late correspondence distributed to the Commission was not relevant to items on this evening's agenda. B. Brown Act/Agenda Clarification, Director Bernard called attention to modifications to the meeting agenda as a result of recent revisions to the Ralph M. Brown Act. CONSENT CALENDAR A. Planning Commission Minutes of July 12, 1994. MOTION: Commissioner Ferraro moved for the approval of the July 12, 1994 Planning Commission minutes as written. The motion was seconded by Commissioner Vannorsdall and passed by unanimous voice vote. 1 PLANNING COMMISSION MINUTES JULY 26, 1994 B. Joint Subcommittee Minutes of June 9, 1994. MOTION: Commissioner Vannorsdall moved for the approval of the View Restoration Committee/Planning Commission Joint Subcommittee minutes of June 9, 1994. The motion was seconded by Commissioner Wang and passed by unanimous voice vote, with Commissioners Ferraro, Hayes, Whiteneck and Vice -Chairman Mowlds abstaining in that they were not present at the June 9 meeting. C. Adopt P.C. Resolution No. 94-32, thereby approving Variance No. 375 at 29 Sweetbay Road (Mr. and Mrs. Michael Barth). MOTION: Vice -Chairman Mowlds moved for the adoption of P.C. Resolution No. 94-32, thereby approving Variance No. 375 at 29 Sweetbay Road (Mr. and Mrs. Michael Barth). The motion was seconded by Commissioner Ferraro and passed by unanimous voice vote. Continued Business Agenda Item No. A (Proposed Amendments to Title 16 & 17 of the City's Municipal Code [Development Code Revisions]: City of Rancho Palos Verdes, Citywide) was considered later in the meeting - see page 5. PUBLIC HEARINGS A. Coastal Permit No. 123, Variance No. 376, Mr. and Mrs. Bill Simmons, 4181 Maritime Drive. Chairman Alberio opened the public hearing. MOTION: Vice -Chairman Mowlds moved to waive the reading of the staff report. The motion was seconded by Commissioner Hayes and passed by unanimous voice vote. Applicant Barbara Simmons, 4181 Maritime Road, distributed a drawing of the project. MOTION: Vice -Chairman Mowlds moved to close the public hearing. The motion was seconded by Commissioner Ferraro and passed by unanimous voice vote. PLANNING COMMISSION MINUTES JULY 26, 1994 2 MOTION: Commissioner Hayes moved for the approval of the staff recommendation, thereby approving the project. The motion was seconded by Commissioner Wang and passed by unanimous voice vote. B. Height Variation No. 794 - Appeal, Mr. and Mrs. Peter Wu, 30824 Cartier Drive. Chairman Alberio opened the public hearing. Assistant Planner Klopfenstein presented the staff report. In answer to questions from the Commission, she explained revisions to the project and offered information about the square footage of neighboring residences. Mr. Tom Milostan, 777 Silver Spur Road (speaking on behalf of the applicant), related the applicant's willingness to lower the project height to 26', lower the entry one foot, modify the facade to achieve more of a split, two-story appearance and remove/trim trees to the satisfaction of neighboring residents. Mr. Milostan verified that he is not the project architect of record and confirmed his familiarity with the concept of neigh- borhood compatibility. Mr. Elliot Rudell, 30507 Rhone Drive, voiced concern over cumulative impact and lack of neighborhood compatibility, should the project be approved. He suggested that the height of the project be reduced. Vice -Chairman Mowlds observed that trees could mask the view of the roof from residences behind the subject property and that it would be difficult to see a five foot reduction in height from Mr. Rudell's property. Mr. Rudell expressed his agreement with Vice -Chairman Mowlds' observation concerning trees; however, he reiterated his concern over cumulative impact should the project be approved. Mr. Suphal Agrawal, 30431 Rhone Drive, stated his opinion that the desired square footage could be achieved without as great of an impact on his view. Mr. Agrawal presented photos to substan- tiate his concern over the mass and height of the project and potential view impairment, particularly from the living area on the first floor of his home. PLANNING COMMISSION MINUTES JULY 26, 1994 3 Vice -Chairman Mlowlds clarified that primary viewing areas are defined as the living room, dining room and family room; but, ac- cording to Proposition M, areas located on a lower floor are not considered as viewing areas. He pointed out that trees would break up the square line of the building, which would be viewed from Mr. Agrawal's property. Commissioner Vannorsdall confirmed with Mr. Agrawal that the subject neighborhood does have CC&Rs. Mr. Mehdi Loloee, 30419 Rhone Drive, related concern over cumula- tive impact and potential view impairment from his living room, should the project be approved. Mrs. Judy Davis, 30437 Rhone Drive, distributed photos to sub- stantiate her concern over the cumulative impact of the project, as well as the impact it would have on her privacy and view. She suggested that the project would be more compatible with the neighborhood if the height were lowered and trees were planted. Mr. Morris Davis, 30437 Rhone Drive, shared his understanding that the project would completely obstruct the view from his family room, which is located on the lower level of his home. Vice -Chairman Mowlds offered his support for a continuance of this matter in order for the property owner to work with staff and neighboring residents to address concerns such as those expressed during this discussion. He recalled that the roof height and composition of a project previously considered by the Commission was adjusted in response to neighboring residents' concerns and suggested that staff be directed to look at articulation, the roof height, the mass, the neighborhood com- patibility and the idea of planting foliage to help soften the appearance of the structure, with the understanding that the removal of any existing foliage shall not be allowed to increase any visual impacts. Concurring with the idea of a continuance, Commissioner Hayes suggested that the second floor be at least 20% less than the first floor foot print and that the height to the back of the project be reduced. Commissioner Vannorsdall mentioned project would impact privacy from a Place (Meng residence). He related across the street from the subject project. 4 his understanding that the rear yard patio on Lautrec Ms. Ann Richards (residing property) support of the PLANNING COMMISSION MINUTES JULY 26, 1994 Referring to his March 2, 1994 letter addressed to the City of Rancho Palos Verdes, Mr. Dick Meng, 6601 Lautrec Place, related concern over impact on his privacy should the project be ap- proved. He asked the Commission to consider the size of the project and neighborhood compatibility. The Commission agreed to continue the appeal of Height Variation No. 794 (Mr. and Mrs. Peter Wu, 30824 Cartier Drive) to September 13, 1994. Assistant Planner Klopfenstein confirmed that the project silhouette will be modified to reflect any changes. At 8:00 P.M. there was a recess until 8:15 P.M. At this time, discussion returned to Continued Business. CONTINUED BUSINESS A. Proposed Amendments to Title 16 & 17 of the City's Municipal Code (Development Code Revisions), City of Rancho Palos Verdes, Citywide. MOTION: Commissioner Vannorsdall moved to waive the reading of the staff report. The motion was seconded by Commissioner Wang and passed by unanimous voice vote. Discussion and modifications were as follows: Section 17.76.010(B) - Parking Lot Permit B. "...Notwithstanding Section 17.80.030 of this Code, the decision of the Planning Commission on such an appeal shall be final when rendered and no appeal may be made to -the City Council. 17.76.020 - Commercial Antennas A3a. "For a guyed structure, the site shall be of a size and shape sufficient to provide a setback of at least 25' between the guy anchor and any property line,..." A3b. Delete (combined into A3a). PLANNING COMMISSION MINUTES JULY 26, 1994 0 With regard to Section A11a2, Senior Planner Rojas verified for Vice -Chairman Mowlds that the total anticipated capacity of the antenna structure is required to be provided at the time an application is submitted. Commissioner Vannorsdall suggested that Section A11c4 be modified to read, "Sufficient evidence of the structural integrity of the tower as required by a licensed engineer and accepted by the Cites" Concerning Section B, Senior Planner Rojas clarified for Commis- sioner Hayes that "satellite dish antennas" encompasses any type of satellite dish antenna. Commissioner Hayes expressed her objection to allowing satellite dish antennas in the City. Director Bernard explained that Federal requirements prohibit the City from completely banning satellite dishes. Relevant to Section BSc, Commissioner Hayes suggested that "unless" be deleted from the last line. Senior Planner Rojas ex- plained that the City must allow satellite dishes on the roof if there is no other alternative location. Commissioner Mowlds suggested that Section B5h be modified to address more than one satellite dish antenna on multiple acres of land. Senior Planner Rojas indicated that wording could be added to read, "B5h. Only one satellite dish antenna is permitted per lot unless the Director finds special circumstances to allow more." Following a request from Commissioner Vannorsdall, Senior Planner Rojas defined "qualified technician" as included in Section B6b. Vice -Chairman Mowlds suggested that a section be added to address Direct Broadcast Satellite dishes (DBS). Senior Planner Rojas suggested that "the number of DBS shall be determined by the Director during the review process." Section 1".76.030 - Fences (Walls and Hedges) Vice -Chairman Mowlds suggested Section B2 be modified to read, "...subject to B.1..." With regard to Section B3, Vice -Chairman Mowlds related his un- derstanding that retaining walls exceeding 8' in height must come before the Planning Commission. Senior Planner Rojas explained that retaining walls exceeding the grading requirements would require grading permits, the majority of which will be reviewed by the Director of Planning, Building and Code Enforcement. PLANNING COMMISSION MINUTES JULY 26, 1994 0 Section C2b. Delete. Section C. Modify to read "B." Addressing a question from Vice -Chairman Mowlds with regard to Section E3, Planning Administrator Petru advised that the height of 11 1/2 feet is the combined height of a retaining wall and fence. Senior Planner Rojas indicated that staff will re-examine the Uniform Building Code requirement for the depth of bodies of water requiring fencing. 17.76.040 - Gradin Vice -Chairman Mowlds suggested that wording relevant to excavation and grading for basements be clarified. Commissioner Hayes suggested that El be modified to read, "The grading does not exceed that which is necessary for..." Commissioner Wang pointed out that Nos. E3 through E8 should be modified to reflect E2 through E7. Commissioner Mowlds suggested that Section E7b be modified to exclude excavations for basements. Planning Administrator Petru offered that Section E7b could be modified to read, "...or other circumstances, excluding excavations for basements." With regard to Section 7d, Commissioner Vannorsdall expressed his opinion that driveways having a 20% slope are too steep. 17.76.050 - Signs Section B. ". ..from the Planning, Building and Code Enforcement Department..." Regarding Section Dlf, Vice -Chairman Mowlds asked if "Broker Open" real estate signs can be placed in the right-of-way on days other than Saturday and Sunday. Senior Planner Rojas explained that lead-in signs can be placed in the right-of-way only on Saturday and Sunday. In Section F1, Vice -Chairman Mowlds suggested that wording about signs incorporating products/service should be clarified. PLANNING COMMISSION MINUTES JULY 26, 1994 7 Concerning Section H2, Senior Planner Rojas provided clarifica- tion for Vice -Chairman Mowlds about the sunset clause for non- conforming signs on the east side of the City. Director Bernard indicated that this item will returned for the Commission's review in the future. Commissioner Hayes suggested that Section H2 be modified to in- clude "...No appeal shall be made to the City Council." 17.76.060 - Extreme Slone Permits In response to a question from Vice -Chairman Mowlds, Senior Plan- ner Rojas supplied input about site plan reviews issued over the counter for trash enclosures on extreme slopes. Commissioner Hayes related that she would like the Planning Commission to review all applications for second -story additions. She suggested that any addition over 200 square feet require a Conditional Use Permit. Senior Planner Rojas advised that the topic is addressed in the Development Standards. Vice -Chairman Mowlds suggested that staff obtain the City Council's opinion on the following issues: (1) Whether all Height Variations should be automatically referred to the Planning Commission and (2) Whether all development applications involving 200 square feet or more should be automatically referred to the Planning Commission. He supported giving staff more discretion in reviewing certain permits. Director Bernard advised that such information will be provided to the City Council in the near future. 17.76.080 - Convenience Stores Vice -Chairman Mowlds suggested that the areas affected by con- venience stores be researched prior to adopting the proposed criteria. During discussion about the 7/11 store at the corner of Granvia Altamira and Hawthorne Boulevard, Environmental Serv- ices Director Bernard related that, there have been many citizen complaints concerning the proximity of the store to surrounding residences. Senior Planner Rojas verified that the 7/11 store does have a Conditional Use Permit for the use. Planning Ad- ministrator Petru advised that existing convenience stores were grandfathered and that the 100 foot minimum proximity to residen- tial or institutional areas would apply to new establishments. PLANNING COMMISSION MINUTES JULY 26, 1994 IN Cle. ". . Mechanical equipment shall be located as far as possible from adjacent residential or institutional uses and shall not exceed a maximum noise level of 65dB." Environmental Services Director Bernard stated that the City's Noise Ordinance will be provided for the Commission's review in the future. 17.76.090 - Automobile Service Stations Vice -Chairman Mowlds suggested that a force majeure clause be added to Section E, Abandonment. 17.76.100 - Temporary Vendor Permit Vice -Chairman Mowlds suggested that non-profit organizations be exempted if an event is to be held on their own property. 17.76.120 - Arcades The Commission generally supported regulating video arcades through Conditional Use Permits. Director Bernard advised that, according to the City Attorney, the type of games at arcades cannot be regulated; however, the City can control whether arcades are accessory or primary uses. Senior Planner Rojas asked for discussion on the Commission's preference for arcades to be either primary or accessory uses. Vice -Chairman Mowlds noted that the City could allow primary use arcades with the stipulation that they shall not be within a specified. distance from residences, churches or schools. 17.76.130 - Geologic Investigation Permit Commissioner Vannorsdall suggested a requirement that the results from all geologic investigations shall be submitted to the City. Planning Administrator Petru replied that the City cannot require the submittal of geologic data unless it is reviewing a development request. PLANNING COMMISSION MINUTES JULY 26, 1994 9 17.76.140 - Encroachment Permit Section B. Commissioner Wang asked if information about the View Restoration. Commission should be added. Senior Planner Rojas indicated that the View Restoration Commission will be cross referenced in Sections 17.02.040 and 17.80.030B. 17.80 - Hearing Notice and Appeal Procedures Section B. Change "View Restoration Committee" to "View Restoration Commission." Director Bernard advised that a final draft of the revised amend- ments to Title 16 and 17 of the Municipal Code will be provided for the Commission's consideration in the near future and that new chapters will be provided for the Commission's consideration in September. ITEMS TO BE PLACED ON FUTURE AGENDAS A. Staff 1. Pre -Agenda for the Regular Planning Commission Meeting of August 9, 1994. Chairman Alberio announced that the Ocean Trails Project will be considered at the regular Planning Commission meeting of August 9, 1994. Commissioner Hayes stated that she will arrive late for the August 9 meeting. Director Bernard clarified that only the current changes to the Ocean Trials Project, and not previously considered topics, will be open for discussion. Chairman Alberio suggested that interested Commissioners meet with staff prior to the August 9, 1994 Planning Commission meet- ing to discuss the history of the Ocean Trails Project. Director Bernard noted meeting restrictions mandated by the Ralph M. Brown Act. 2. Report on the History of the Ocean. Trails Project. Environmental Services Director Bernard advised that the report on the history of the Ocean Trails Project, as well as the City Council's direction on the time schedule for the Project, are pending. PLANNING COMMISSION MINUTES JULY 26, 1994 10 B. Commission Vice -Chairman Mowlds suggested future Commission discussion regarding house sizes/what the Commission considers to be too big and that the City Council's opinion on the subject be obtained. Vice -Chairman Mowlds also suggested that guidelines on articula- tion be discussed by the Commission and added to the Development Code. Chairman Alberio asked Vice -Chairman Mowlds to compile a report on the topic for distribution to his fellow Commissioners. In addition, Vice -Chairman Mowlds suggested future discussion concerning the threshold at which residential additions should come before the Planning Commission. Director Bernard indicated that the item will be included for discussion on the next meeting agenda. Commissioner Vannorsdall suggested that Commissioner Hayes' list of items pertaining to the Proposed Amendments to Title 16 and 17 of the Municipal Code (distributed to the Commission during the meeting) be reviewed at a future meeting. ADJOURNMENT At 9:50 P.M. the meeting was duly adjourned to Tuesday, August 9, 1994, 7:00 P.M. PLANNING COMMISSION MINUTES JULY 26, 1994 191