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PC MINS 20150728 Approved August 25, 201 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING JULY 28, 2015 CALL TO ORDER The meeting was called to order by Chairman Nelson at 7:02 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Kevin Bald, City of Rancho Palos Verdes employee, led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Cruikshank, Emenhiser, Gerstner, James, Leon, Vice Chairman Tomblin, and Chairman Nelson. Absent: None Also present was Deputy Community Development Director Mihranian and City Clerk Morreale. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Deputy Director Mihranian reported that at their July 21, 2015 meeting the City Council approved three projects previously considered by the Planning Commission: 1) A time extension for Phase 2 of the St. John Fisher Master Plan; 2)A new single-family residence at 10 Chaparral Lane; and 3) A Fence/Wall Permit for 29023 Sprucegrove Drive. He also reported that the City Council introduced an Ordinance establishing Exception Category R to allow the construction of barns or other non-habitable structures, used for the sole purpose of housing animals, on developed lots served by a sanitary sewer system within the landslide moratorium area. Deputy Director Mihranian distributed two items of late correspondence related to agenda item Nos. 3 and 4. Commissioner Cruikshank reported that he attended the first of four nights of the City's Leadership Academy. He also reported on his attendance at the City's public engagement seminar. Chairman Nelson reported on his attendance at the July 27, 2015 Traffic Safety Committee meeting and clarified the status of the Western Avenue Corridor Guidelines Plan. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): None CONSENT CALENDAR 1. Approval of June 23, 2015 Minutes Commissioner Gerstner moved to approve the Consent Calendar as presented, seconded by Commissioner Cruikshank. Approved, (7-0). CONTINUED BUSINESS 2. Outdoor Lighting Ordinance (Case No. ZON2014-00320) Deputy Director Mihranian presented a brief staff report, explaining that staff was recommending the item be continued to a date uncertain since this item has been continued so many times in the past. He added that once a new date has been selected a new public notice will be issued. Commissioner Cruikshank questioned if the subcommittee still wants to deal with this issue, and asked if this was a critical issue that should be heard sooner rather than later. Commissioner Gerstner noted that this is an important topic, however the Planning Commission has been addressing it over the past several years. He felt that this is a very difficult Ordinance to write, and it will take some time. Commissioner Gerstner moved to continue the public hearing to a date uncertain, seconded by Commissioner Emenhiser. Approved, (7-0). 3. Appeal of Grading Permit (Case No. ZON2013-00526): 29073 Palos Verdes Drive East Deputy Director Mihranian presented the staff report, briefly explaining the modified project and how it differs from the original project and the previously revised project. He stated that staff believes the project now fits in with the character of the neighborhood and the applicant has successfully reduced the bulk and mass of the project. With that, staff recommends the Planning Commission approve the project as conditioned in the staff report. He referred to condition No. 23, in regards to landscaping, and suggested additional language that requires the applicant to install landscaping prior to the issuance of the certificate of occupancy. Planning Commission Minutes July 28,2015 Page 2 Commissioner Emenhiser stated that in late correspondence the issue of a possible trail easement was brought up, and asked staff to clarify that issue. Deputy Director Mihranian explained there is no legal instrument for a trail on the property, though people have been using portions of the property as part of a trail. He indicated that the Conceptual Trails Plan calls for a trail, named the Library Trail, in this location, however it is voluntary. He noted that staff approached the applicant early on in this process to inquire whether or not they might be interested in dedicating a trail easement, however the property owner did not express an interest in granting the City an easement. Chairman Nelson opened the public hearing. Raul Podesta (architect) explained that this lot has created many challenges from the beginning because of the constraints associated with the existing topography,the number of easements, access, fire department access, privacy, and adjacent property owners. Taking all of that into consideration, he felt that the current project is a good design and complies with the current code and specifications. He briefly outlined the revisions that have been made to the proposed house since the last Planning Commission, including reducing the overall size and height of the structure and adding articulation to reduce the bulk and mass. Commissioner Cruikshank noted that in the staff report there was a statement that Mr. Podesta had met with the neighbors on July 9th. He asked Mr. Podesta if that was the only meeting, or if other meetings had occurred. Mr. Podesta answered that he had three previous meetings with Mr. Swenson and his wife. At the July 9th meeting he felt that the neighbors were pleased with the changes that have been made. Vice Chairman Tomblin noted a specific elevation and asked Mr. Podesta to compare the overall elevation now as to what it was before the modifications were made. Mr. Podesta explained that difference between the before and after elevations is a 5 1/2 foot reduction. Ken Swenson felt that with these current modifications a clearly better project has resulted. He explained that his original concerns with this proposed home were the size of the residence and the massing of the residence. He stated that when the discussion centers around the residence being lower, he did not think that was the distance between the pad and the top of the roof. He felt that distance is the same, the only difference is that now it is sunk into the hillside. Therefore, the appearance of the mass from his property, while a bit lower, is still the same large house sitting on the lot. He also felt the new loggia features are good, but questioned if those are farther out from the original building footprint than the original building footprint was before. In regards to the trail, he felt that the City absolutely does have the right to condition a project on reasonable other conditions, so long as there is a nexus. He stated this project is going on an area where Planning Commission Minutes July 28,2015 Page 3 there has been historical public use, and there is a connection between Rolling Hills and Rancho Palos Verdes. Commissioner Leon asked Mr. Podesta to return to the podium, and asked Mr. Podesta if the new loggia feature is an extension of the original building. Raul Podesta explained that there were two planters designed to capture and recycle water. One planter was eliminated when the building was lowered. He stated that the idea with the loggia, as the neighbors were concerned that the bedroom window would look into their yard, and this was the best solution he could come up with to soften the structure and give them privacy. Vice Chairman Tomblin asked if staff has verified or certified the overall dimensions of the building in terms of the length and width and that it has been reduced by the size indicated by the architect. He also asked if staff has done an overlay with the original and newly designed buildings. Deputy Director Mihranian answered that he could not confidently state that staff has done that, noting he would have to ask the project planner who is absent this evening. Vice Chairman Tomblin asked Mr. Podesta to point out on the site plan where a current walking trail is located on the property. Mr. Podesta noted the areas on the site plan. Deputy Director Mihranian clarified the location of the Library Segment according to the Conceptual Trails Plan. He stated the City does not have any legal easements for the public to use this trail from any of the three property owners that this proposed segment traverses. He explained that recently these property owners were contacted to see if they would be willing to dedicate an easement on their property for this trail, and none of the property owners expressed an interest. Lastly, he noted there is a trail easement in Rolling Hills and the City has asked Rolling Hills if they would be interested in creating an opening for the trail connection, and Rolling Hills did not express an interest in creating an opening to their City. With that, the City Attorney has advised that there is not a nexus for trails as part of development projects in this area unless the City is willing to compensate the property owner to acquire an easement. Chairman Nelson closed the public hearing. Commissioner Cruikshank felt the applicant has clearly made adjustments to this project based on the Planning Commission's previous feedback, and commended the applicant for working with the neighbors. Commissioner James stated that at the previous meeting a Commissioner commented that they felt a 7,000 square foot house was too large and would like to see the house under 5,000 square feet. He clarified that this was not a direction given by the Planning Planning Commission Minutes July 28,2015 Page 4 Commission and that by reducing the house to a size under 5,000 square feet does not mean the Commission has accepted that size. He felt that the efforts the applicant has made may barely obtain his approval. He felt that reduction in the height of the house by lowering it into the ground will help with the neighbor's concerns. However, he felt it is still a very large house for the area. Commissioner Emenhiser commended the applicant for reducing the size of the house, and while the bulk and mass of the structure are still not perfect, there is a substantial improvement. He also noted the overall height of the house has been lowered by 4-1/2 feet. Vice Chairman Tomblin acknowledged a lot of work has been done to get the house to this point. He suggested adding a condition that the overall length on the north side be certified by staff to have been reduced by twenty feet. Commissioner Gerstner felt that a lot of progress has been made in the redesign of this house, and many of the Commissioner's suggestions on ways to address the overall size as well as the bulk and mass have been incorporated. He felt that the applicant has fulfilled the requirements the Commission set to make this house compatible with the neighborhood. Commissioner Leon also applauded the applicant for his efforts, specifically moving the house down four feet, which eliminated many of the retaining walls around the property. He felt those walls contributed to the bulk and mass of the residence. Vice Chairman Tomblin moved to approve the project as recommended by staff, with the amendment recommended by staff to condition No. 23 to add the timing restrictions to the landscaping. Additionally, a new condition would be added requiring staff to certify the residence has been reduced by 20 feet on the north side from the previous plans. Commissioner Gerstner asked Vice Chairman Tomblin what the remedy would be if staff found the reduction to be 19 feet 6 inches rather than 20 feet. Vice Chairman Tomblin felt in that situation it would be a Director decision. Deputy Director Mihranian suggested language that the north side of the house be in substantial compliance with the 20 foot reduction. Commissioner Gerstner discussed his concern that typically the Planning Commission does not condition a project to have all landscaping completed for the entire lot prior to occupancy. He thought it would be more appropriate to condition the approval that certain pieces of landscaping be installed prior to occupancy. He also noted that in many parts of the City the Fire Department requires a fuel modification plan be submitted to the Fire Department, which is a detailed landscape plan that is then filed on the property as part of the Title. He noted that before the City will give a certificate of occupancy they require Planning Commission Minutes July 28,2015 Page 5 the Fire Department to first sign off on the building, and the Fire Department will not sign off on the project unless the property is in conformance with their fuel modification plan. He stated he would rather have the Fire Department cause this to happen rather than the Planning Commission jumping into the middle of all of this. Vice Chairman Tomblin moved to amend his motion to state that staff will certify that the north elevation is substantially reduced by approximately 20 feet from the original submission. The motion was seconded by Commissioner James. Commissioner Gerstner moved to amend the motion. He noted that since it is the Planning Commission that is requiring the trees for screening, he would ask that the completion of the landscaping before certificate of occupancy be limited to those screening trees rather than the entire landscaping of the property. Vice Chairman Tomblin accepted the amendment, seconded by Commissioner James. Commissioner Leon was concerned with the condition regarding the 20 foot reduction. He explained that if the reduction is less than 20 feet the applicant can modify the reduction or it would overturn the decision. He questioned if the architect can look at the two plans and provide an answer at this meeting. Chairman Leon opened the public hearing and asked Mr. Podesta to come to the podium for a question. Vice Chairman Tomblin asked Mr. Podesta if there has been a 20 foot reduction along the north elevation. Mr. Podesta stated that he is absolutely sure that the difference between this current submittal and the previous submittal is eleven feet in width. He stated that he did not have the first submittal with him, but had the second submittal which shows a difference of eleven feet, and since that time he took off an entire garage which he assumed was another eleven feet. Therefore, from the first submittal to this submittal there is a reduction of approximately twenty-one feet. He stated he can verify that tomorrow when he goes to his office. Deputy Director Mihranian felt that, rather than make this a condition, staff understands the Commission's concerns and can work with the applicant to ensure the reduction is approximately twenty feet. Chairman Nelson closed the public hearing. Vice Chairman Tomblin moved to amend his motion that the north elevation be verified per the Director's approval, seconded by Commissioner James. Planning Commission Minutes July 28, 2015 Page 6 Deputy Director Mihranian read the motion before the Commission as follows: To adopt a Resolution overturning the Director's denial and conditionally approving the construction of a new 4,999 square foot single family residence with 832 cubic yards of associated grading, with a modification to condition No. 23 to require the screening landscaping to be installed prior to final. Vice Chairman Tomblin and Commissioner James agreed that was the motion before the Commission. The motion was approved and PC Resolution 2015-12 was approved, (7-0). PUBLIC HEARINGS 4. View Restoration Permit (Case No. ZON2015-00026): Chairman Nelson noted that staff has requested this item be postponed and continued to the September 8, 2015 meeting because the view planner is out ill. Commissioner Leon noted that he owns a property within 500 feet of the affected properties and must therefore recuse himself from this item. He left the dais. Chairman Nelson opened the public hearing for anyone who wished to make comments on this item. He noted these comments will appear in the September 8th staff report. Deputy Director Mihranian stated there were no speakers. Commissioner James moved to continue the public hearing to September 8, 2015, seconded by Commissioner Gerstner. Vice Chairman Tomblin noted this is a very large application involving several properties, and several Commissioners have been to these properties previously. He asked if there could be a reconsideration by the City Attorney in reference to the interpretation of the law. Deputy Director Mihranian explained that per the View Restoration Guidelines, in order for a Commissioner to participate on this item, the Commissioner has to visit each of the applicants' properties, and if they haven't they will not be able to participate in the hearing. He explained that Vice Chairman Tomblin, and other Commissioners, may have visited some of these properties for past view restoration applications, and was questioning whether or not they had to back out to these properties for this current application. The City Attorney has opined that per the Guidelines, conditions may have changed and the Commissioners must visit the properties in order to participate in this current application. The motion to continue the public hearing to September 8, 2015 was approved, (6- 0). Planning Commission Minutes July 28, 2015 Page 7 Commissioner Leon returned to the dais. ITEMS TO BE PLACED ON FUTURE AGENDAS 5. Pre-Agenda for the meeting on August 11, 2015 The pre-agenda was unanimously reviewed and approved, with placing the Western Avenue Vision Plan item as the first agenda item. ADJOURNMENT The meeting was adjourned at 8:31 p.m. Planning Commission Minutes July 28,2015 Page 8