PC MINS 19941011APPROVED
11/9/94
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION
REGULAR MEETING
October 11, 1994
The meeting was called to order at 7:07 P.M., by Chairman Alberio
at the Hesse Park Community Building, 29301 Hawthorne Boulevard.
The Pledge of Allegiance followed, led by Joel Rojas.
PRESENT: Commissioners, Ferraro, Wang, Whiteneck, Vice Chairman
Mowlds and Chairman Alberio
ABSENT: Hayes, Vannorsdall (both excused)
Also present were Senior Planner Rojas and Assistant Planner de
Freitas.
COMMUNICATIONS
A. STAFF
Senior Planner Rojas stated that there were six items of late
correspondence received after the commissioner's agenda packets
were assembled and distributed for Conditional Use Permit No. 101 -
Revision 11G11, Sign Permit No. 567 - Revision; BOSC Group, 28901 S.
Western Avenue. These items of late correspondence had been placed
before the Commission.
B. COMMISSION - NONE
CONSENT CALENDAR (no items)
CONTINUED BUSINESS
A. VARIANCE NO. 367 - REVISION, GRADING PERMIT NO. 1714 -
REVISION; Mr. and Mrs. Milan Veteska, 5503 Graylog
Street. (FF)
A discussion, instigated by Commissioner Whiteneck, between several
of the Commissioners and Staff concluded that P.C. Resolution No.
94-50 should specify exactly why Variance No. 367 - Revision and
Grading Permit No. 1714 - Revision were denied.
Assistant Planner de Freitas understood that Commissioner
Whiteneck's intent was to intensify the fact that the Commission
could not make the findings to support the project because this
addition would be on an extreme slope.
It was noted that, not only was the slope of the lot over 35% but
that portions of the property had a slope of 60-70% and, in the
back yard, there was a slope of up to 80%.
Senior Planner Rojas suggested inserting additional clarifying
language stating that this addition would be located on a slope
that exceeded 35% and that this project was denied because the
Development Code prohibits a home on an extreme slope. He added
that the only way to approve building on an extreme slope was with
a variance, which required that the Commission make four findings
and, as the Commission did not make four findings, the application
was denied.
Chairman Alberio emphasized that, if there was an appeal to the
City Council, there should be no ambiguity as to why this project
was denied.
Senior Planner Rojas clarified that with the Commission's action
tonight, that will be made clear and that it would be read into the
public record.
Mr. Veteska was called to the podium by Chairman Alberio and
Chairman Alberio asked if Mr. Veteska understood and he said that
he did.
Commissioner whiteneck moved that P.C. Resolution No. 94-50 be
approved, as modified, seconded by Commissioner Wang, thereby
Denying variance No. 367 -Revision and Grading Permit No. 1714 -
Revision. Approved (5-0).
B. PROPOSED AMENDMENTS TO TITLE 16 & 17 OF THE CITY'S
MUNICIPAL CODE (DEVELOPMENT CODE REVISIONS) ; City of
Rancho Palos Verdes, Citywide. (JR)
Chairman Alberio suggested that the agenda be re -arranged to hear
the Development Code Revisions at the end of the meeting.
PUBLIC HEARINGS
A. CONDITIONAL USE PERMIT NO. 101 - REVISION 11G11, SIGN
PERMIT NO. 567 - REVISION; BOSC Group, 28901 S. Western
Avenue. (FF)
Assistant Planner de Freitas presented the Staff Report, wherein he
outlined the changes proposed to reverse the lack of success the
shopping center has experienced.
There was a discussion among the Commissioners, led by Vice
Chairman Mowlds, regarding signage at the shopping centers in the
City on Western Avenue, and it was concluded that the decision on
this project, regarding signs, should be consistent with the
Planning Commission's past, recent policy. specific examples
referenced were signs at Hallmark, American Tire Company, and Lucky
Market, projects which had come before the commission.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 2
Mr. Rich Atto, (applicant) The BOSC Group, 6905 Telegraph Road,
#250, Bloomfield Hills, Michigan 48301. Mr. Atto stated that he
represented the company which owned the Terraces Shopping Center
and he outlined the three areas of change.
(1) REQUEST OF SITE MODIFICATIONS: Additional parking to be
provided, demolishing of a portion of the third level building, an
additional driveway on Western Avenue, and general, updated
improvements.
(2) NEW SIGNAGE PROGRAM: This would affect all tenant
identification signs, three proposed monument signs, and
directional signs to alleviate traffic problems.
(3) LIMIT ON RETAIL USE: They are requesting that the Commission
remove the condition limiting non -retail uses by providing adequate
parking, and using a shared parking methodology. Jay Nelson,
traffic consultant, was present and could provide details on shared
parking.
Mr. Atto pointed out that their goals are better tenant visibility,
bringing new life into the center, and being more competitive with
neighboring shopping areas, particularly those on the opposite side
of Western which are in the city of Los Angeles (San Pedro), which
has less stringent sign requirements.
Mr. Sy Perkowitz, (applicant's architect) MPR, Architects, 911
Studebaker Road, Long Beach, CA 90815. Mr. Perkowitz mentioned
that, because he resides in Palos Verdes Estates, he is familiar
with the center. He explained that his recommendations included
reducing some of the parapet walls and replacing them with wrought -
iron railing, and removing the awnings from the first level to
eliminate the "closed -in" feeling. Also, colors would be more
muted and awnings on the second and third levels would have a
uniform color, one for each level, for a clean, modern look. Signs
would have a cleaner, more uniform look. An additional driveway
was proposed to improve traffic circulation, as well as widening
the south driveway, the heaviest area of congestion.
Chairman Alberio agreed that widening the south driveway was a good
idea and that an extra driveway would help congestion. He
suggested re -striping to provide angled parking for El Pollo Loco
and Blockbuster would help. Even though some spaces would be lost,
access to the spaces would be easier. Chairman Alberio also
mentioned the possibility of eliminating the left turn from Western
Avenue into the center.
Mr. Perkowitz felt eliminating the left hand turn would hurt the
project.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 3
Commissioner Ferraro concurred on the congestion and said that,
often., people double park because they cannot find a space and also
the straight parking places were difficult to enter. She wondered
if an escalator could be installed to the third level to encourage
parking there, which was rarely used.
Mr. Perkowitz said that he was not sure that the major expense of
an escalator would be justified but that he would study this
possibility.
Chairman Alberio felt that lack of security was the reason people
did not like to park on upper level, especially in the evening.
Chairman Alberio asked if this plan was Phase I of the improvements
and Mr. Perkowitz said no, that this was the entire proposal.
Vice Chairman Mowlds agreed that parking could be an important
aspect of a successful shopping center and mentioned the fact that
a re -arrangement of the parking lot at Peninsula Shopping Center in
Rolling Hills Estates almost collapsed the center until they
returned to angled parking and provided another driveway off
Hawthorne Blvd.
Chairman Alberio stressed that angled parking would be needed only
in the most congested areas and Mr. Perkowitz did not see a problem
making that change.
Mr. Jay Nelson, (applicant's traffic engineer) Linscott, Law &
Greenspan, Engineers, 1580 Corporate Drive, Suite 122, Costa Mesa,
CA 92626. Mr. Nelson said he was present to answer questions
regarding traffic and the shared parking methodology and agreed
that angled parking was easier although there was a tradeoff
because of a loss of spaces.
Chairman Alberio asked Mr. Nelson if he felt elimination of the
left turn might solve some of the traffic problems.
Jay Nelson replied that they could discuss it with Cal Trans.
Mr. Robert De Lossa, 2345 Sparta Drive, Rancho Palos Verdes. Mr.
De Lossa reported that he was speaking on behalf of other residents
in Eastview against the proposed changes. He expressed opposition
to adjusting the retail vs. non -retail percentage. He felt sure
the Department of Transportation, or what ever governing body would
apply, would have to give approval regarding driveway changes and
agreed that a left hand turn lane was needed. He cited a survey,
performed about a year after the shopping center was complete,
which reported that no left hand turn lane was required. He also
stated his desire for a traffic light leading into the center and
said, that, without a signal, additional tenants in the shopping
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 4
center would only worsen the congestion. He was against modifying
the existing sign program to allow additional tenant identification
and, even though he felt compassion for the owner, he likened the
situation to a "child who killed his parents and then complained
about being an orphan". He explained that, when the shopping
center was approved, the neighborhood had many concerns and the
City was definite about what was accepted. After the public
hearings, the project was approved with stipulations and the
developer elected to go forward even though it was an ill-conceived
project. The concerns at the beginning were ingress/egress,
insufficient parking, and signage. Mr. De Lossa added that the
center was overcrowded and that the economic situation had
intensified the lack of success. He mentioned that Audio Video
International consistently violates signage. They have had
placards as far as Gaffey and a parked van with a sign pointed to
the business and that this past weekend, this merchant had 6' to 7'
wide helium balloons. He felt that the center contributed to
increased traffic and graffiti and the changes would make the
situation worse. He reminded the Commission that Eastview was a
very influential and difficult vote to attain and that opting to
support a developer over the community would send a clear message
that the City values potential business revenue more than the
Eastview vote. Mr. De Lossa also disagreed that Rancho Palos
Verdes should want to be like the City of Los Angeles regarding
signage.
Chairman Alberio asked Mr. De Lossa how many people he represented
and he said about 200 minimum in the Caddington area. However, he
acknowledged that he hadn't personally talked to all of them but
people he had talked to felt that the Terraces had never been a
viable property. Mr. De Lossa suggested that maybe the owner could
offer a financially advantageous arrangement to Blockbuster and
Trader ,Toe's to move upstairs. They have an established clientele
and cause the biggest part of traffic problem.
Commissioner Wang asked Mr. De Lossa if he represented a Homeowners
Association and he said no, but that he had been consistently
calling the Code Enforcement Department for Code violations about
signage in the area. He was unhappy about the fact that only
people within a 500' radius of this project were contacted, because
he felt this project impacts thousands of people. As much as he
realized that the City needs the revenue, he felt that the changes
for this project were not acceptable.
Vice Chairman Mowlds requested that Mr. Lassa explain that types of
businesses he would include in the non -retail cap and why he would
exclude that type of operation.
Mr. De Lossa said that he would include accountancies, personal
services, as opposed to retail merchandise sales.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 5
R
Vice Chairman Mowlds asked him why he would change the non -retail
cap.
Mr. De Lossa replied that it was believed that a person coming to
the shopping center for personal services, stays longer and,
therefore, the traffic would be less.
Vice Chairman Mowlds described the non -retail cap situation in
Palos Verdes Estates in which there were many real estates offices
in one center, which caused parking problems and he suggested that
a usage factor for parking could be determined from the Urban Land
Institute.
Mr. De Lossa said, at this time, the retail vs. non -retail
situation was not significant because there was nowhere near the
saturation point in either area.
Vice Chairman Mowlds asked Mr. De Lossa to identify the exterior
modifications to which he was opposed. In the discussion, it was
revealed that Mr. De Lossa was against increasing the Monument sign
profiles to 251 but not against the hand rails or colored awnings,
although he said that he did not believe the center suffers right
now from an appearance problem.
Vice Chairman Mowlds asked Mr. De Lossa's opinion about demolishing
buildings to provide more parking space.
Mr. De Lossa was not opposed to that part of the proposal but felt
that there were better ideas not yet explored, namely, the left
hand turn lane and moving Blockbuster Video and Trader Joe's.
Vice Chairman Mowlds pointed out that tenant improvements are
expensive and would be necessary for this move.
Vice Chairman Mowlds and Mr. De Lossa discussed the situation with
the balloons and the fact that Mr. De Lossa reported that there had
been no Code Enforcement action.
Chairman Alberio and Mr. De Lossa discussed the history of the site
since Mr. De Lossa had lived in the area for the last 15 years and
had attended the hearings when the Terraces was originally
proposed.
Ms. Jody Culver, 28918 Gunter Road, Rancho Palos Verdes. Ms.
Culver said she represented five families who abut the third level
of the shopping center. She wanted the shopping center to be
successful but questioned the proposed changes. Although lowering
the percentage of retail vs. non -retail was acceptable, she did not
believe either should be entirely eliminated. She was concerned
about the kind of clientele the hypothetical billiards/sports bar
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 6
would attract, possibly gangs, and an estimated 94% capacity at
10:00 P.M. during the weekdays. She reported that, even in the
past, several times the police had to be called and she stressed
the need for better security. She said that people in the
neighborhood go to bed early, between 9:00 P.M. and 10:00 P.M., so
sleep would be disturbed. She also objected to the Discovery Zone
for children and worried about odors and noise from a restaurant,
making reference to previous problems with Portofino's Restaurant,
and the fact that a recent state law required that new restaurants
had to provide a system to eliminate the odors and carcinogens.
Ms. Culver's other objections included the fact that the requested
signs were too high, the baby blimps being used now, and new air
conditioners on the roof, which, are in conflict with regulations
passed, stating that any new business may install any type of
noise -generating equipment on the roof.
Chairman Alberio asked Ms. Culver how she would feel about moving
El Pollo Loco to the third f loor and she said she would not approve
of that and that even Blockbuster's being relocated on the third
level would create a lot of noise.
Ms. Carol Castro, 28924 Gunter Road, Rancho Palos Verdes. Ms.
Castro reported that she lived in the neighborhood for 32 years so
she was familiar with the old shopping center, was present during
the hearings for the current shopping center, and did not think it
was feasible to have a three level center because people would not
walk up and down, regardless of the parking situation. She felt
that the theater draws a bad clientele, which causes graffiti, and
that more security was needed. She objected to the small blimp in
direct view from her home and did not believe signs should be 25'
tall to block views, and if illuminated, to diminish the night
view.
Chairman Alberio asked Ms. Castro about problems with the movie
theater and she said she was at the opposite end of the shopping
center from the theater so it caused no problems for her except for
the sound of the cars.
Commissioner Wang asked about Ms. Castro's view which would be lost
and she said the view differed from where on the street a person
lived, and that she was speaking in general.
Ms. Nancy Cabatic, 28832 Gunter Road, Rancho Palos Verdes. Ms.
Cabatic stated that she had lived directly behind the Terraces for
about a year and attributed the large amount of traffic on her
street to the shopping center because if people missed the turnoff
on Caddington, they turned onto Gunter and had to turn around
because it is a cul de sac with no sign indicating that it is not
a through street. She explained that her house has a sloped back
yard and responsibility for cleanup of the slope was in question.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 7
•
She said the last cleanup was in 1986, when the shopping center was
built. She felt that illumination of signs would spoil the night
view. She agreed with other speakers regarding the need for more
security and was particularly nervous about people climbing up the
slope into her back yard. She was not opposed to beautifying the
shopping center and thought angled parking would help the terrible
parking problem. Ms. Cabatic said that she would not drive to the
center because of the parking situation and it was difficult to
walk there on the steep hills with her two small children. She
added that the health spa and Discovery Zone would attract more
people to worsen the parking situation and felt that 30 more
parking spaces will not solve the problem.
Ms. Nina Yoshida, 28808 Gunter Road, Rancho Palos Verdes. Ms.
Yoshida said that she had lived in her home since 1972 and had gone
through all the phases of this property. She agreed with
everything said so far and added some additional thoughts. She was
bothered by trash being picked up at the theater at 5:00 A.M. every
morning and had spoken to the sheriff's office, but they were not
interested. Other complaints included theater employees throwing
trash into the barrels at 11:00 P.M., theater patrons crawling up
her hill and yelling, the necessity for her cleaning up McDonald's
trash, as well as beer bottles and cans. She reported vandalism,
specifically, her husband's broken truck windshield, five vehicles
in the neighborhood broken into, and stolen vehicles. She felt the
problem section covered the five houses on either side of the
intersection of Caddington and Gunter. Ms. Yoshida wrote a letter,
just distributed to Commission, and did not discuss situations
described therein. She concluded by saying that she was in favor
of the shopping center but not at the expense of the nearby
residents.
Chairman Alberio asked Ms. Yoshida if she shopped there and she
said she did not, and neither did many of her neighbors, because
they felt they could get more for their money elsewhere.
Vice Chairman Mowlds commented on items in Ms. Yoshida's letter.
In reference to her request that trash should not be picked up on
level three prior to 7:00 A.M. or after 6:00 P.M., the hours of
operation for tenants is 9:00 A.M. to 9:00 P.M. and, on the third
level until 11:00 P.M. Her proposal presented a conflict.
Ms. Yoshida suggested the ordinance could be changed within 30 days
after a public hearing.
Vice Chairman Mowlds also mentioned her request for no cleaning of
any kind inside or outside of the third level before 9:00 A.M. or
after 9:00 P.M. and Ms. Yoshida replied that the theater cleaned
all night, disrupting sleep in the neighborhood.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 8
Vice Chairman Mowlds commented that construction is allowed after
7:00 A.M., and asked if that was a problem for her.
Ms. Yoshida thought that was reasonable.
Chairman Alberio commented that the third level couldn't be
different than other levels and Ms. Yoshida said they could all be
changed.
Commissioner Wang asked Ms. Yoshida if she had talked to the
manager of the movie theater and she answered that she had never
been able to make contact with the manager. She added that she had
written to Code Enforcement about the theater personnel dumping
their cleaning water onto the grass.
Mr. Larry Gonzales, 28820 Gunter Road, Rancho Palos Verdes. Mr.
Gonzales said that he was born in San Pedro, had lived in Rancho
Palos Verdes for 19 years so he was familiar with the history of
site and was present at the original hearings when the shopping
center was approved. He was not opposed to installation of
railings and other changes to make the center more attractive,
however, he listed the following as problems: parking, the left
turn lane off Western, and the high signs, especially if they are
illuminated. He added that his back yard was directly adjacent to
the shopping center. He felt the real problem affecting the
success of the center was the inability to attract tenants and he
didn't think anything was going to improve this situation. He also
mentioned a problem with the trees on the slope behind his house.
In the past, he had trimmed the trees once a year to protect his
view but recently had been running into opposition from the
shopping center. He was wondering who is responsible for these
trees. He agreed security was a problem and asked why residents up
Caddington were not informed of the hearing because they are
impacted also.
Chairman Alberio replied that the hearing was noticed, using the
proper criteria.
Assistant Planner de Freitas concurred, stating that 800 residents
were notified and that there was a public notice in the local
newspaper.
Chairman Alberio asked Mr. Gonzalez if he used the shopping center.
Mr. Gonzales said he patronized E1 Pollo Loco and Blockbuster, the
theater occasionally, Trader Joe's, and Mules.
Mr. Rich Atto, Rebuttal: Mr. Atto thanked everyone for coming
tonight because it was important to hear comments from the
neighbors. It seemed to him that several of the problems were not
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 9
planning issues, but applied to security and tenant policing and he
wondered if this was the proper forum for discussion. He said
that, contrary to what had been said, he believed the proposed
changes would help improve some of the problems. He emphasized
that this was an existing shopping center in the correct zoning
district, and, as such, it was entitled to have certain types of
uses. He disagreed that the shopping center was causing crime
problems in the neighborhood because these were common problems,
even in the most affluent neighborhoods and, felt that more tenants
and traffic would help the security problem. He clarified that
there was a misconception regarding the cap on usage and that it
was on non -retail, not on retail use. In order to make the center
viable, additional tenants were needed and signage was needed for
identification. Mr. Atto expressed an interest in working together
with the community to resolve problems.
Chairman Alberio suggested that enforcement of rules through tenant
leases would decrease some of the complaints and Mr. Atto agreed.
Chairman Alberio said it would be helpful if the neighbors could
come to Mr. Atto's organization with complaints.
Mr. Atto concurred and stressed that they were accessible, through
local management, and that input was welcomed.
Chairman Alberio asked if Mr. Atto was willing to compromise and
Mr. Atto replied that he had been compromising with Staff for three
months and would continue to do so, as long as the compromises were
reasonable.
Vice Chairman Mowlds took exception to Mr. Atto's comment that many
of the comments made by the neighbors were not planning issues. He
added that, if Mr. Atto wished the Planning commission to review
only strictly planning issues, the Commission could ask him to
clear up all the violations, such as the inflatable blimp, and then
come back to the Commission for review of the proposed changes.
Mr. Atto reiterated that he welcomed information from the public
but that he was asking for tools from the Planning Commission to
address the neighborhood problems and enforce the rules in the
center.
Vice Chairman Mowlds replied that he already had the tools through
tenant leases, because any landowner was obligated to make sure
their tenants conform with the Code in the City in which they are
doing business. Mr. Mowlds pointed out that other problems
addressed in the City's Code include the decibel level of
mechanical equipment on the roof and regulation of parking
sweepers. He interpreted Mr. Atto's comments to indicate that the
Commission did not have the authority to listen to the
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 10
neighborhood's complaints and that enforcement of the Code was the
only action needed.
Mr. Atto apologized and said that was not what he meant. He added
that he had not heard about the blimp until that afternoon and was
he was willing to resolve complaints when he was notified. He
suggested that management needed to work more closely with the Code
Enforcement Department so that a complaint could be referred to
management rather than having the City get involved. He emphasized
their commitment to oversee the shopping center and said someone
flew in, almost on a weekly basis, and that they were in constant
communication with the property manager.
Senior Planner Rojas stated that, although Staff supported most of
Mr. Atto's requests, the City's paramount interest was making sure
the neighborhood's concerns were addressed. As Vice Chairman
Mowlds mentioned, most of the issues were already in the conditions
for the original Conditional Use Permit, regarding the roof
equipment noise, odors, trash pickup time, type of uses, sign
illumination. He acknowledged an enforcement problem and commented
that turnover in the ownership had contributed to the difficulty.
Mr. Rojas said that he had spoken with Mr. Atto regarding the
City's concerns with long term violations, and Mr. Atto expressed
interest in working with Code Enforcement to better enforce the
conditions of the Conditional Use Permit. Mr. Rojas said that, if
the Planning Commission wished, additional conditions could be
added to the Conditional Use Permit, regarding slope cleanup,
theater security, and a graffiti control program. With respect to
parking and traffic circulation, the City's traffic consultant,
Steve Sasaki, had met with the applicant and was present, prepared
to discuss possible solutions. Also present was Dean Allison, from
the City's Public Works Department who acts as liaison with the
Traffic Committee, who had discussed these traffic issues.
Chairman Alberio expressed interest in hearing from Mr. Sasaki and
Mr. Allison. He stated that, hopefully, there was now a landlord
who would work with the community and suggested that security
problems would be decreased with more occupancy.
Mr. Atto agreed that vacancy was an invitation to vandalism.
Commissioner Ferraro asked Mr. Atto if his company had considered
moving Blockbuster and Trader Joe's to improve circulation problem
and Mr. Atto responded that he was not sure they would want to
relocate to the third level without proper signage.
Commissioner Ferraro argued that they already had a loyal
following.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 11
Mr. Atto pointed out that major retailers had their own criteria
for determining location, and that he knew that Blockbuster, in
particular, was very specific about their site location.
Commissioner Ferraro was not convinced that the additional driveway
would improve circulation and asked about re -striping.
Mr. Atto indicated their willingness to consider alternatives and
mentioned the comprehensive directional sign program. He suggested
that requiring some of the employees of those busy second level
operations to park on the third level might improve the parking
situation.
Commissioner Ferraro commented that security problems also hindered
obtaining new tenants.
Mr. Atto indicated that one problem with providing more security
was the cost which would be decreased with more tenants to share
the additional cost. He pointed out that one of the parking areas
in the back at the south end at the third level was never used
because it was isolated and hidden, however, with the demolishing
of some of the buildings, the area would become more visible and
useable.
Vice Chairman Mowlds asked about the request to eliminate the non -
retail cap and wondered if Mr. Atto would consider maintaining the
non -retail cap and to restrict certain usages. He referred again
to the problem in Palos Verdes Estates at Malaga Cove in which too
many real estates offices caused a parking shortage.
Mr. Atto resisted eliminating real estate offices as tenants
because there was currently a real estate office in the center
and remarked that the shared parking methodology would limit the
leasing of the shopping center, related to the number of parking
spaces needed and. available. He explained that if the center was
only 85% occupied and those businesses needed all of the available
parking spaces, no other tenants could be pursued.
Vice Chairman Mowlds asked Mr. Atto if he was willing to limit his
tenancy and he said yes and, that as tenants came and went, parking
supply would be reviewed.
Vice Chairman Mowlds said that would need to be spelled out in the
conditions of approval and Senior Planner Rojas said that would be
done.
RECESS AND RECONVENE
Recessed at 9:15 P.M. and reconvened at 9:30 P.M.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 12
Mr. Dean Allison, City of Rancho Palos Verdes Public Works
Department. Mr. Allison said that the Traffic Committee had
reviewed two issues: (1) the additional driveway, with minor re -
striping on Western, and (2) on site parking and traffic flow. The
Traffic Committee approved the driveway and, with respect to
parking, asked the Public Works Department and Steve Sasaki, the
City's Traffic Engineer, to work with the Planning Staff to
determine alternatives.
Chairman Alberio asked if Cal Trans had been contacted and Mr.
Allison said that Mr. Atto would speak to Cal Trans after approvals
were obtained from the City.
Senior Planner Rojas agreed that this was the proper procedure.
Mr. Steve Sasaki, Traffic Consultant for the City of Rancho Palos
Verdes. Mr. Sasaki indicated that when he had considered the
effect of congested south driveway, he did not have detailed
information but that he was generally trying to create some sort of
entry areas to reduce parking activities and congestion.
Chairman Alberio asked to what degree the new driveway would
improve congestion.
Mr. Sasaki repeated that he did not have detailed data but felt it
would definitely be a benefit. He added that he had recommended
that the north driveway be closed but the Traffic Committee felt it
should remain.
Vice Chairman Mowlds asked about the benefits of diagonal parking.
Mr. Sasaki replied that generally that was a good idea but felt
that a more detailed study should be performed to make sure.
Commissioner Ferraro asked why there was a recommendation to
eliminate the north driveway.
Mr. Sasaki explained that there was a problem with conflicting
traffic coming in and out of that particular driveway.
Commissioner Ferraro pointed out that there is a severe dip turning
left off Western at El Pollo Loco, which caused cars to almost
stop, backing up traffic.
Mr. Sasaki was not aware of this condition and said it could be
investigated.
Commissioner Ferraro moved to Close the Public Hearing, seconded by
Commissioner Whiteneck. Approved (5-0)
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 13
Commissioner Ferraro saw the importance of appearance improvements,
including removal of the parapet wall, and improving traffic
circulation, including angled parking. She was not convinced that
an extra driveway would improve congestion at the busiest end of
the center. With respect to signage, she felt it was important to
determine the height of the signs across the street at Harbor Cove
Center for comparison and was not sure the Terraces signs needed to
be 25' high. Since the movie theater was the only one in the area
and residents were aware of its existence, she questioned the need
for more theater signage. She realized, from personal experience,
that more security was needed near the theater. She addressed the
problem of needing more tenants to make the shopping center viable
but some improvements would depend of the type of tenant moving in
so this presented a dilemma as to which would come first.
There was a discussion led by Chairman Alberio regarding the recent
past policy of the Planning Commission regarding the maximum height
of signs in shopping center. Specific projects mentioned were
Hallmark and American Tire, and it was determined that the actual
height of the sign was not the issue in those cases, but the size
of the letters themselves.
Assistant Planner de Freitas indicated that the existing sign at
the Terraces approved in 1989, is under 161. In a later
application, a previous owner submitted a sign permit application
for a 25' sign and the Commission denied the request and approved
a 16' sign, which was never built.
Commissioner Whiteneck believed that, in order for the shopping
center to be successful, it would have to be acceptable to the
community and communications would have to be established. He was
in agreement with adding other conditions of approval as needed so
that management knew their responsibility for policing the tenants,
security and cleanup. He also felt it was important to make this
facility compatible with the surrounding area.
Commissioner Wang was pleased that the current owner wanted to
revive the shopping center and that the neighborhood's concerns
were being considered. She felt an on-site manager would be
appropriate to improve communications with the surrounding
residential area. She was in favor of angled parking and was sorry
that there was a low occupancy rate. She believed that higher
signs were important to compete with other neighboring shopping
centers.
Vice Chairman Mowlds felt that the determination on the signs
should maintain consistency with recent Planning Commission
decisions and, because, even though this is Rancho Palos Verdes, it
is also Western Avenue, where shopping centers were considered with
different criteria than, say, Golden Cove. He was not sure that
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 14
the movie theater needed a separate sign and that the parking
demand vs. usage needed to be clearly defined in the conditions of
approval. He agreed with all the comments regarding traffic
circulation and suggested that the owners obtain input from
Peninsula Shopping Center in Rolling Hills Estates. With respect
to the operating hours of 7:00 A.M. to Midnight, with restaurants,
bars and the theater being open until 2:00 A.M., Mr. Mowlds
requested that Staff investigate whether the theater needed to be
open that late and suggested they check with Rolling Hills Plaza in
Torrance to determine their closing time.
Assistant Planner de Freitas pointed out that these operating hours
were in the existing conditions of approval for the center.
Vice Chairman Mowlds was aware of that but said that, when the
owner requested revisions to his benefit, the city also was also
provided with an opportunity to make changes for the benefit of the
neighborhood. Mr. Mowlds also suggested that, under Condition No.
8, "prior to any work being done" be changed to "prior to any
permits being issued". Regarding Condition No. 9, he suggested
changing "all awnings shall be of the same color" to "all awnings
shall be of the same color on any given level". For Condition No.
10, on page 5 of 5, under 13L regarding signs not being illuminated
after Midnight, he indicated that it had been recently the policy
that signs could be lit according to the Los Angeles City Code
which, was all night. The reason for this was because people are
out after Midnight and see certain businesses and come when they
are open. At "KII, he felt the statement "no animated, flashing or
audible fixtures or temporary banners, flags, balloons, and the
like shall be permitted on any of the monument signs", should be
revised to read "no animated.... shall be permitted", eliminating
the words "on any of the monument signs" to be more restrictive.
Assistant Planner de Freitas indicated that there was a condition
in the previous sign permit that specifically addressed that issue.
Vice Chairman Mowlds also believed there should be no flags,
balloons, or temporary banners allowed. He felt someone wanting a
temporary 30 -day banner should apply for a permit.
Mr. Mowlds then suggested that the Public Hearing be re -opened and
that the item be continued for two weeks, in order for the
applicant to work with Staff.
Commissioner Ferraro saw a contradiction because on Page 9, there
was a reference to traditional neon illumination and on Page 5 of
5, there was a statement that no neon would be permitted.
Assistant Planner de Freitas clarified that this was what the
applicant wanted and the suggested conditions of approval said
there would be no neon.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 15
Chairman Alberio agreed with the plan for the percentage of
occupancy to be dictated by parking supply, to demolish buildings
to increase parking and to add another driveway. Regarding signs,
he wanted to compare the proposed signs with the current signs
across the street but to take into consideration the concerns of
the public, specifically regarding illuminated signs. The
Conditional Use Permit regulates noise and the landlord would be
responsible for enforcing their lease terms and communicating with
Code Enforcement.
Vice Chairman Mowlds moved to Re -open the Public Hearing and
continue the item to October 25, 1994, seconded by Commissioner
Ferraro. Approved (5-0).
Senior Planner Rojas indicated that the City would notice the
meeting in the usual manner, including interested parties and
everyone who spoke this evening.
Vice Chairman Mowlds suggested that the Homeowners Associations in
the area be notified also.
Senior Planner Rojas suggested that this mailing include all the
Homeowners Associations along Western.
Chairman Alberio requested that the traffic consultant investigate
possible solutions to improve congestion at the south driveway.
Vice Chairman Mowlds believed the traffic flow should be analyzed
by providing a worst case scenario for density and then determining
alternatives, possibly one-way traffic.
Assistant Planner de Freitas asked the Commission if they wanted
the City's Traffic Committee to review these issues or just the
Traffic Consultant.
Chairman Alberio replied that, since the Committee had already
reviewed the situation, input from only the Traffic Consultant
would be required, since he was the expert.
Senior Planner Rojas added that, in addition to the proposed
directional sign program, the consultant could look at specific
options like diagonal parking and other types of restrictions on
the driveways and traffic flow.
Assistant Planner de Freitas asked if he understood correctly that
the commission was not completely opposed to the 251 monument or
should the 161 restriction apply.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 16
Vice Chairman Mowlds felt that consistency with previous commission
action in the last couple of years should be maintained so that
this applicant would be treated exactly the same.
Assistant Planner de Freitas asked, with regard to illumination,
what direction should be taken. He said that Vice Chairman Mowlds
had suggested eliminating the condition restricting illumination
after Midnight, while Chairman Alberio wanted to consider the
impacts on the neighborhood.
Chairman Alberio stressed that there should be a balance between
the rights of the applicants and the neighbors.
Vice Chairman Mowlds asked for information regarding previous
decision by the Planning commission regarding other shopping
centers.
Senior Planner Rojas said that an analysis of the other signs would
be provided.
Commissioner Ferraro suggested that Harbor Cove be included in the
analysis.
Senior Planner Rojas made reference to Staff Reports from 1986 and
1988, which indicated that some movies were starting at 11:00 P.M.
and ending about 1:00 A.M. and the condition stated that the
theater had to be cleared by 2:00 A.M. He asked if this condition
should remain or if Staff should research the situation further.
Chairman Alberio asked that further research be conducted.
Chairman Alberio was also concerned about other businesses which
operate at late hours, specifically a pool hall, and was worried
about the type of clientele which might be attracted by these type
of businesses.
Assistant Planner de Freitas clarified that the billiards/sports
bar was a hypothetical tenant only and that none of these possible
tenants had committed to signing a lease with the center as yet.
Chairman Alberio did not want to approve this type of the activity
because he felt it was not in the best interest of the community.
Senior Planner Rojas replied that the initial conversations with
the applicant raised some concerns that billiards would attract a
bad element and the applicant explained that more upscale billiards
clubs had become popular in cities throughout Southern California
and the atmosphere was much different than the traditional pool
hall.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 17
Commissioner Whiteneck asked for a definition of "upscale".
Senior Planner Rojas said that the applicant had literature on this
type of operation and the billiards/sports bar would still need to
get an ABC license. There had been concern about off-site alcohol
sales at Trader Joe's that was reviewed via a Conditional Use
Permit Revision with and subject to a lot of public testimony and
conditions. However, because the billiards club would only allow
on-site consumption of alcohol, the Conditional Use Permit revision
process would not apply.
Vice Chairman Mowlds had comments regarding the movie theater's
hours of operation. He felt that, if a 1990's decision was made
stating that signs should be bigger because that's what other
businesses have; on the same rationale, if other theaters did stay
open until 2:00 A.M., then possibly the Terraces theater did not
need to be open that late either. He suggested that Staff check
with the theaters at Rolling Hills Plaza in Torrance, which did not
seem to have the crime problem.
Chairman Alberio asked if the property manager was in attendance
and if there was an office on the premises, with someone present at
all times.
Mr. Atto identified the management company as Pacific West Asset
Management Corporation and indicated that Ms. Cindi Ybarra was the
property manager, who was not on-site at all times, but visited
frequently.
Chairman Alberio asked where Ms. Ybarrals office was and Mr. Gerry
Flanigan, a representative from the management company said her
office was in Irvine and that there is a 24-hour emergency number
which works well for maintaining contact with the residential
community surrounding the Terraces. He explained that the company
managed 38 shopping centers, 28 of them in Southern California,
ranging from upscale to not -so -upscale neighborhoods. He added
that Ms. Ybarra was very experienced in property management.
Chairman Alberio asked if the landowner and the property manager
were both empowered to make decisions.
Mr. Flanigan said yes, and that they were in close communication
with the owner.
RECESS AND RECONVENE
Recessed at 9:40 P.M. and reconvened at 9:50 P.M.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 18
0
CONTINUED BUSINESS (continued - according to reorganization of
agenda)
B. PROPOSED AMENDMENTS TO TITLE 16 & 17 OF THE CITY'S
MUNICIPAL CODE (DEVELOPMENT CODE REVISIONS); City of
Rancho Palos Verdes, Citywide. (JR)
Vice chairman Mowlds remarked on Mr. Richard Barals testimony at
the last meeting and discussions regarding the number of horses
allowed on a certain amount of land and how this would be affected
by the proposed language that would require two abutting parcels
owned by the same person to be counted as one lot for the purposes
of determining the maximum number of horses; whether or not land
designated as horse property can be used for other facilities, such
as tennis courts or swimming pools; boarding horses not belonging
to the landowner; and the fact that the Planning Commission is
interested in input from horse owners regarding these subjects.
Mrs. Kay Bara, #1 Peppertree, Rancho Palos Verdes. Mrs. Bara
understood that, if a landowner no longer wanted to keep horses on
their property in a Q zone, they would not be allowed to build a
tennis court or a swimming pool in place of horse facilities. She
was opposed to requiring a business license for boarding horses,
other than the landowner's, because usually the number of horses
was small and no profit was being made.
Vice Chairman Mowlds asked for her recommendation on the Code.
Mrs. Bara wanted it to be left as it is. She saw nothing wrong
with horses using sloped areas, and felt that most of the
restrictions were being recommended in order to rid the City of
horses. She pointed out that the city would receive no money from
the proposed licensing, only the SPCA, and because no diseases are
passed from horses to humans, there was not a health problem. She
believed that the purpose of licensing and business license
proposals were to build a data base to be used to discourage
citizens from owning horses.
Ms. Pam Turner, (representing Palos Verdes Peninsula Horseman's
Association) 5700 Ravenspur Drive, Rancho Palos Verdes. Ms. Turner
also felt that horse ownership was being attacked. She emphasized
that Rancho Palos Verdes was a community with a history of horses
and a rural lifestyle. She thought that the City Council and
Planning Commission seemed very unfriendly to horses, and that the
equestrian lifestyle was important to a lot of people. She felt
that not all horse owners were creating problems for the City and
that it was wrong to take away rights of taxpaying citizens. She
wanted to leave the Code as it is now and felt that licensing
horses was ridiculous.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 19
1 L a 0
0
Chairman Alberio asked how many members belong to the Palos Verdes
Peninsula Horseman's Association.
Ms. Turner estimated about 200 to 500 members but offered to obtain
an exact count if the Commission wished to have the information.
Chairman Alberio surmised from Ms. Turner's statements that she
thought there was too much government control on this issue.
Ms. Turner said yes, because she did not believe the government
should interfere with lifestyles. She felt that there was proper
fly control and hauling away of manure and disagreed that
landowners were making a business of boarding of horses, but were
merely breaking even.
A discussion ensued between Vice Chairman Mowlds and Ms. Tuner
regarding how much land would be needed per horse and Ms. Turner
was not prepared to answer immediately but offered to investigate
and provide information later. When Mr. Mowlds asked for her
general opinion, she indicated that she thought the current Code
was correct.
Ms. Linda Rawlina, 29624 Grandpoint, Rancho Palos Verdes. Ms.
Rawling stated that she had lived in the City for 20 years but not
in a Q zone. She informed the Commission that she bought and
boarded her first horse in the same facility, a private home and
that, currently, she and her husband own two horses, one boarded at
a commercial stable and another at a private home. Her concern was
not for the owners of horse property but for people who need
boarding for their horses. She objected to the stringent
requirements regarding the number of horses allowed per parcel
because it reduced the number of available boarding spaces.
Ms. Lisa Gladstone Albrecht, 5 Cinnamon Lane, Rancho Palos Verdes.
Ms. Albrecht asked about the reason for the worry about horse
density and asked if it was based on concern for the neighbors or
the health of the horses.
Vice Chairman Mowlds replied that he was concerned about density as
it related to the usage on the lot, noting the requirement for 400
square feet per horse for a corral.
Ms. Albrecht believed the current Code was correct. She felt that
there were no problems created by simply too many horses.
Ms. Carole Lebental, 26934 Whitestone Road, Rancho Palos Verdes.
Ms. Lebental indicated that she had lived in the area since 1966
and chose to live in Rancho Palos Verdes because of the horses.
Even though she did not purchase horse property, she knew there
would be horse facilities nearby. Therefore, she objected to the
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 20
restriction that a landowner could board only his own horses. She
pointed out that horseback riding is a companion sport and that it
is natural to want to ride with other people. She felt there could
be as many horses as there were stalls, providing there was
sufficient turnout area.
Ms. Ora Jean Stevenson, 30136 Via Rivera, Rancho Palos Verdes. Ms.
Stevenson stated that she owned a horse but does not reside in the
Q district. She agreed with previous statements objecting to only
a landowner's horses being boarded on their property as long as
other City guidelines were being followed.
Ms. Karen Devanee, 28121 Highridge Road, #411, Rancho Palos Verdes.
Ms. Devanee reported that she owned a horse, did not live on horse
property, therefore she boarded at a private residence. She did
not believe that boarding at a home created a profit center, only
that landowners were kind enough to help others. She felt that
some horse owners would not be able to keep their horses if forced
to pay expensive fees at the commercial stables.
Ms. Toni Deeble, 3 East Pomegranate Road, Rancho Palos Verdes. Ms.
Deeble indicated that she had lived in the Q district in upper
Portuguese Bend for 18 years, loved horses but currently did not
own any, and was opposed to the commercial boarding of horses at
residential homes adjacent to her back yard. She said she had
bought horse property so that she could board her own horses and
that she was currently being subjected to a lot of flies, human
diseases, and the odor from manure not being hauled away. She
reported that corrals were not being kept clean and that the
residents were not complying with the sanitary requirements because
they were only renting the space to others. She wanted to keep her
neighborhood residential, and noted that there were plenty of
vacancies in commercial stables, and that the Pony Club was
available for children. She stressed that she was in favor of the
Pony Club. She mentioned that her Homeowners Association had sent
a letter requesting input from the membership and that responses
were due on October 20, 1994. Therefore, she requested that
discussion of the Code revision be postponed until after that date.
She acknowledged that her next door neighbors did not cause a fly
problem because they kept their horse areas clean and, therefore,
she had no problems with them.
Commissioner Wang asked how many letters were sent out.
Ms. Deeble replied that the Association did a mass mailing to all
members but she was not sure of the exact number.
Vice Chairman Mowlds informed Ms. Deeble that boarding horses was
currently allowed but that possibly she had identified a different
problem, that of cleanliness.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 21
Ms. Deeble believed that horse owners would keep a clean corral,
but a landowner using the area as a commercial boarding venture
would not.
Vice Chairman Mowlds believed that the Code should address
acceptable standards of cleanliness.
Ms. Deeble said it did but that the Code was not being enforced.
Mr. Robert R. Maxwell, 7 Pomegranate Road, Rancho Palos Verdes.
Mr. Maxwell was also opposed to commercial boarding in Portuguese
Bend and requested that the Commission postpone a decision until
input is received from the Portuguese Bend Homeowners Association
on October 20. He reported that about 200 letters were sent and
expected the response to be about 150. He felt that the present
Code was acceptable because it did not allow the commercial
boarding of horses.
Mr. Don Fraiser, 26 Peppertree Drive, Rancho Palos Verdes. Mr.
Fraiser informed the Commission that he had owned horse property in
the City since 1948 and, although he was not a horse owner and had
no intention of owning a horse, he had neighbors who kept horses on
their property. He admitted he had concern at first when nearby
residents began keeping horses about 12 years ago, but that he had
experienced no problems with flies or odor. He assumed that horse
owners could suggest regulations and an inspection procedure to
enforce proper maintenance. He was not in favor of the City's
forbidding boarding because he did not want to take horse riding
from the children.
Sunshine, 6 Limetree Lane, Rancho Palos Verdes. Sunshine
suggesting comparison with the City of Rolling Hills which also has
equestrian zones. Although she felt the current Code was not
perfect, she was concerned that new language would bring
interpretation which would intensify the problems. Specifically,
she questioned why the name "Q District" was proposed to be changed
to "LA District" because there could be confusion over the
definition of a "large animal", whether it might be a horse, cow,
goat, or a miniature horse. She was concerned with the new
language concerning abutting lots and the 35% slope issue. She
believed that control on number of animals allowed should take into
consideration the health of the animal and suggested that, in
respect to screening, the old language should be retained to
indicate landscaping could be used to assist in screening rather
than to expect total screening because that would be impossible for
this kind of activity. She also favored home occupation
opportunities.
Mr. Richard Bara, #1 Peppertree Drive, Rancho Palos Verdes. Mr.
Bara stated that the City Council was in favor of leaving the Code
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 22
0
as it is and apologized to the Commission and, specifically, Vice
Chairman Mowlds, for not providing proposed language as he said he
would at the last meeting. He agreed that the term "Q" was
preferable to "large animals". He repeated his concern from the
last meeting that the timing must be correct in order to have the
Development Code match up with the licensing ordinance from the
City Council. Mr. Bara agreed that "assisting in screening" was
less confrontational. He noted that the complaints had come from
the Portuguese Bend area and it appeared that the residents in that
area were attempting to take care of the problem through
communication. - He did not believe that most of the boarding
facilities should be considered commercial as most homes had only
two to ten stables. In respect to how much land a horse needs, he
explained that the number of horses on a property could vary from
month to month. He was glad these hearings were being held because
he felt his rights were under attack. He was concerned about horse
owners not living in the Q District being provided with boarding
facilities and was very interested in seeing the Portuguese Bend
Homeowners Association survey results.
Mr. Sepp Donahower, 3 West Pomegranate Road, Rancho Palos Verdes.
Mr. Donahower remarked that his family had been residents and
multiple parcel owners in Portuguese Bend for 45 years, and horse
owners for the last 25 years. He mentioned that his father had
established the Pony Club and that, because of opposition, he had
used all the land he owned, along with 10 acres of leased land, in
order to meet requirements. His assessment of significant issues
were flies and odor as well as traffic on the Portuguese Bend roads
by non-residents of the Portuguese Bend area. He mentioned that
there had been offers to pay for road and gate maintenance. He
felt that the survey from the Portuguese Bend Homeowners
Association could possibly provide tainted information because
names and phone numbers were provided to answer questions from
Association members and these people were not identified as
complainants.
Ms. Lois Knight Larue, 3136 Barkentine Road, Rancho Palos Verdes.
Ms. Larue spoke in favor of horses and found it wonderful that they
were present in the City, especially for the children. She
encouraged the Planning Commission to use their influence with the
City Council to do everything possibly to help those who love
horses and to preserve the equestrian way of life in Rancho Palos
Verdes. She suggested that the City of Rolling Hills Estates be
consulted for input.
Vice Chairman Mowlds remarked that he personally had been involved
with Development Code revisions since the process began three years
ago and he wanted to state, for the record, that he had never
reviewed certain sections of the Code until the current revision
proceedings. Along with horses, affordable housing, and
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 23
regulations affecting the sizes and height of houses, were new
items given to the Commission and the Planning Commission
Development Code Subcommittee as part of the current revision
process. The controversy surrounding horses concerned licensing
and this idea came from the City Council. The Staff Report said
that the Commission asked for information from the City Council on
these subjects, but that was not true. The members of the Planning
Commission were very concerned that horse owners receive fair
treatment, including those which need to have their horses boarded,
however, he felt it was important that horse density did not become
a problem. Mr. Mowlds emphasized that the Commission did not come
up with the currently drafted words and he felt the speakers had
given good reasons not to change the Code.
Commissioner Ferraro indicated that, when this chapter came before
the Planning Commission before, she questioned the statement that
three parcels should be treated as one, if owned by the same
person. She noted that the City Council had asked why the Planning
Commission sent this language to them and, in her opinion,
somewhere between the Planning Commission and Staff and City
Council, there was some confusion. The Council was not comfortable
with the changes involving a 35% slope and about abutting parcels,
so she did not understand why it was coming back again to the
Planning Commission.
Chairman Alberio stated that the Commission's job was not to point
fingers at anybody but simply to review the new development code
and, in this case, to balance the inequities between the horse
owners who need boarding space, the residents in the Q District who
do not have horses and those who do. It seemed to him that the
problem with keeping the horse stables and corrals clean had been
articulated very well and that these problems could be regulated.
Chairman Alberio moved to continue the Public Hearing until the
next Planning Commission meeting on October 25, 1994, seconded by
Vice Chairman Mowlds. Approved (5-0).
Senior Planner Rojas commented that the revisions to this chapter
of the Code initially only included two changes proposed by Staff.
One of these was to exclude lot area that is over 35% slope from
counting toward the minimum required lot area for the keeping of
horses and the other involved counting abutting parcels under one
ownership as one parcel for purposes of determining how many horses
would be allowed. These proposed revisions were conceptually
reviewed and approved by the Planning Commission Sub -Committee and
the draft language presented to the Planning Commission for review.
Upon review of the draft language, the Planning Commission
requested that the City Attorney review the proposed language
involving the abutting lot revision. At a later meeting, the
Planning Commission requested that Staff present unresolved issues
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 24
0
to the City Council for direction. Staff reviewed previous
Planning Commission and Planning Commission Development Code Sub -
Committee minutes to determine which issues needed to be addressed
by the City Council. Staff came across a previous Sub -Committee
discussion which questioned the number of horses that the City
Council would allow. As a result, this specific horse question was
included in the Staff Report presented to the council with the
proposed revisions to the horse chapter included as an attachment.
Citizens who saw the draft revisions commented to the City Council
regarding the 35% slope and the issue of abutting lots and the
Council agreed to have these new restrictions deleted. Staff was
prepared to delete the revised language but at the last Planning
Commission meeting the Commission requested that, instead of
deleting any language, that the Commission be allowed an
opportunity to present additional language. As a result, Staff has
left the language in but would agree to take out this language
because it might be difficult to enforce. Regarding the horse
boarding ordinance, if it is adopted by the Council, changes to
this chapter that coincide with the horse boarding ordinance would
have to adopted concurrently.
Vice Chairman Mowlds asked for an explanation of the 35% slope
issue.
Senior Planner Rojas explained that Staff suggested that any
portions of a parcel in a Q zone which consisted of a 35% slope or
greater would not count toward the 15,000 square feet needed to
keep horses and that Staff was prepared to remove this language if
the Commission wished.
Chairman Alberio asked if this new language recommendation came
from either the Rolling Hills Estates or Rolling Hills Code and
Senior Planner Rojas said it did not.
Chairman Alberio suggested that the Commission receive input from
the public and provide a recommendation to the City Council who
would make the final decision on this chapter.
Senior Planner Rojas clarified that Staff's current recommendation
was that the 35% slope and abutting lots language be removed.
Vice Chairman Mowlds asked about screening required in section
17.46.060 (B) (3) and Senior Planner Rojas believed that the old
language which read "assist in screening" should be retained.
Commissioner Ferraro concurred.
Vice Chairman Mowlds remarked that the 'IQ" designation was changed
to 'ILA" to include a reference to all large animals.
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 25
Commissioner Ferraro thought it should be left as "Q"
Chairman Alberio brought up the subject of landowners boarding only
their own horses.
Commissioner Ferraro's opinion was that this was not a significant
issue if overall density was limited.
Chairman Alberio thought that probably neighbors would not object
to boarding as long as there were no flies or odor. He asked
Sunshine to return to the podium to address this subject.
Sunshine replied that the County takes care of this problem.
Senior Planner Rojas noted that housekeeping was already mentioned
in the Present Code on "circle" page 97, B1 and that community
concerns would be addressed simply by better enforcement of this
section.
Sunshine remarked that horses weren't the only source of flies.
Senior Planner Rojas said that, regarding commercial boarding, the
City attorney had drafted language modifications to Chapter 17.46
that would be incorporated into the Code if the Council adopted the
proposed horse boarding ordinance. He made reference to a
conversation with Rick Otto, the City's project manager for that
issue, and Mr. Otto said the ordinance would be going directly to
the City Council for a public hearing which will give the citizens
who spoke before the Planning Commission an opportunity to speak
before the City Council also. If the proposed horse boarding
ordinance is adopted, the Development Code would reflect that
ordinance. If it was not, the City Attorney's suggested changes to
Chapter 17.46 would be removed.
During a discussion between Chairman Alberio, Vice Chairman Mowlds,
and Senior Planner Rojas, it was confirmed that only 5,000 square
feet was needed to keep a horse on an undeveloped lot but, on an
developed lot, 15,000 square feet was required.
Mr. Donahower was allowed to return to the podium. He felt it was
not cost effective to have horses separated on two adjoining lots
owned by the same person, six and six, and that it would be counter
productive to the net result everyone was looking for.
Senior Planner Rojas repeated that the issue regarding abutting
lots would be difficult to enforce.
On the Terraces item, Senior Planner Rojas reported to the
Commission that, according to Assistant Planner de Freitas, after
speaking to the Terraces owner, Public Works and the Traffic
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 26
ON
Consultant, it became evident that the traffic studies requested by
the Commission might not be completed in time to report back to the
Commission by October 25, 1994, and asked if the continuance date
should be changed.
Chairman Alberio wanted the item to come back on October 25,
Senior Planner Rojas asked if the parking analysis could be
excluded from the October 25th Staff Report and Chairman Alberio
said yes, that this subject could be discussed at a later time.
NEW BUSINESS (no items)
ITEMS TO BE PLACED ON FUTURE AGENDAS
A. STAFF
1. Pre -Agenda for the regular Planning Commission
meeting of October 25, 1994,
B. COMMISSION - None
0
COMMENTS FROM AUDIENCE (regarding non -agenda items) - None
ADJOURNMENT
Commissioner Ferraro moved, seconded by Commissioner Whiteneck, to
adjourn. The motion carried and the meeting was duly adjourned at
12:30 P.M. to its regular meeting on October 25, 1994.
(A.JD MMMS DISK #5 - MINIO 11)
PLANNING COMMISSION MINUTES
OCTOBER 11, 1994
PAGE 27