PLANNING COMMISSION MINUTES

Transcription

1 D R A F T PLANNING COMMISSION MINUTES September 7, 2016 A regular noticed meeting of the Planning Commission of the City of Laguna Beach, California, convened at 6:00 P.M. in the City Council Chambers on September 7, ROLL CALL: Present: Absent: Staff Present: Chairperson Sue Kempf, Chair Pro Tem Susan McLintock Whitin and Commissioners Anne Johnson, Roger McErlane and Ken Sadler None Scott Drapkin, Principal Planner Martina Caron, Senior Planner Anthony Viera, Assistant Planner Ann Marie McKay, Administrative Assistant PUBLIC HEARINGS 1. Review and approve a landscape and lighting plan associated with Planning Commission Design Review , which approved a four-unit artists live/work project at Laguna Canyon Road. This portion of the project was previously continued to the June 1, 2016 Planning Commission meeting, which was subsequently canceled. This is a renoticed hearing. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Martina Caron summarized the staff report. Questions of Staff: Ms. Caron confirmed for Commissioner Whitin that the Fire Department reviewed the submittal. Public Testimony Regarding the Project: Justin Galias, Contract Connect Inc., described the revisions, including replacing all grasscrete with geoblock of Dymondia margaretae, which is more drought tolerant. He also stated that native trees were added to the rear and side elevations, in the dwarf varieties, with an overall reduction in landscaping and increase in the rustic appearance. Mr. Galias showed a photosimulated rendering with the proposed plan and confirmed for Commissioner McErlane that the rendering accurately depicts the proposed plant material, with the exception that to the right of the building one tree was removed from the rendering in order to

2 show the proposed lighting and overall appearance with the color of the building. Regarding the turf grass, Mr. Galias advised Commissioner McErlane that the slopes are now proposed to be covered in two native ground covers, one of which is the low-growing coyote bush. Mr. Galias stated that there is now no sod proposed on the entire site. Commissioner Whitin noted that on the planting plan, there are sections of the hillside on the rear slope not shown as planted, and Mr. Galias assured that the intent is to completely cover the hillside. He explained that the selected ground covers grow together, so if the area is overplanted, those plants will grow upwards rather than out. Regarding the natural open space, Mr. Galias responded to Commissioner Whitin that their intent is to protect in place; however, Commissioner Whitin stated that there is currently nothing in that area except dirt, the three trees shown as existing on the plan do not exist anymore and are just stumps. Mr. Galias confirmed for Commissioner Whitin that the intent is to cover any bare areas with the proposed ground cover. Regarding the removal of the pepper tree, Mr. Galias explained to Commissioner Whitin that its proposed removal is because it is non-native, consumes a high amount of water and is messy because of its droppings. Frank Ultimo, applicant, clarified that the Fire Department requested the tree s removal because they deemed it a hazard; however, Mr. Ultimo informed the Fire Department that the tree is not on his property. Mr. Galias explained to Commissioner Whitin that the double lines on the Laguna Canyon Road elevation represent a pathway. He then clarified for Commissioner Whitin that the entire approach was changed from sod to Dymondia margaretae, including the driveway apron. Mr. Galias advised Commissioner Sadler that the new trees, proposed as 36-inch box trees, would initially be 10 to 12 feet tall and he confirmed that they would have a canopy of about 10 feet wide. Regarding the proposed uplighting, Mr. Galias noted to Commissioner Johnson that only three are proposed on the entire project; however, he acquiesced that there is enough ambient lighting for the uplighting to be omitted. Regarding the 14 proposed soffit lights on the second and third levels, Commissioner Whitin commented that those lights would be highly visible from below and requested that they be reduced to what is minimally necessary. Mr. Galias indicated his agreement with that request, and stated that they can also make the lights motion-sensitive. Commissioner Whitin noted that the proposed trees are shown planted in a straight line and requested that they be rearranged into a more natural pattern. Mr. Galias explained that the trees are multi-trunk and would therefore have a less linear look and the planting pattern was chosen for ease in irrigation; however, he stated that they will adjust the plantings to appear more natural. DRAFT PC Minutes 2 September 7, 2016

3 Mr. Galias confirmed for Commissioner Whitin that they have elected to keep the green roof, but he assured that the appropriate ratio of grasses to succulents has been determined for a highly effective, low-maintenance, low-water feature. It was clarified for Commissioner McErlane that the pepper tree that the Fire Department requested be removed is not on the applicant s property. Commissioner McErlane expressed concern that the Fire Department may have a mature tree that is only 40 to 50 feet from the building removed and Mr. Drapkin explained that the Fire Department is unlikely to randomly have individual trees removed unless those trees are related to a development application. Mr. Drapkin stated that he would clarify the status of the pepper tree. Commissioners Comments: Commissioner McErlane noted his comments during the last hearing, that he would like a plan that is more aggressive with trees, but scaled down. He stated that he would like to see a couple more big trees because the current proposal has all of the trees on the edge. He stated that he would go along with the majority vote, but he is not fond of the proposed driveway because he surmises that it will be difficult to keep alive and looking good. Commissioner Sadler commented that it is a reasonable proposal. He stated that he initially had concerns regarding the lighting in this sensitive remote area, but the applicant has minimized the proposed lighting as much as possible. Though he agreed with the comment regarding the number of can lights, he noted that only two to four lights are proposed per area, which is relatively reasonable; therefore, with the addition of motion sensors, he could support the number as proposed. Regarding the uplights, Commissioner Sadler submitted that they do not meet the Good Neighbor Outdoor Lighting ordinance even though staff attempted to make a case for it; therefore, he prefers that the lights are removed from the plan. Otherwise, he supported the proposal. Commissioner Whitin stated that she could support approval with some revisions. She supported Commissioner McErlane s request for additional screening with trees along Laguna Canyon Road and submitted that the building would otherwise be very exposed to the road. She also wanted the trees planted in a more natural format and the ground cover revised for the back slope to make clear that the intent is to completely sheath the slope with ground cover. She also supported the addition of motion sensors to the lighting and preferred not to have uplights. Commissioner Whitin requested that staff talk to the Fire Department about the pepper tree because it is a goodlooking tree. Commissioner Johnson agreed with the comments made. She agreed with varying the placement of the trees and adding trees in front, and she submitted that shielding the building with additional trees will be an asset to the occupants. Commissioner Johnson also requested that all lighting on the building be turned off at 10:00 p.m. and she stated that she cannot support uplighting of trees. Commissioner Johnson commented that the proposal has improved significantly since it was last presented. Regarding the green driveway, the Commissioners indicated to Commissioner Kempf that they can support approval because it is up to the applicant to maintain it. The Commissioners expressed a consensus that the uplighting should be removed, additional Sycamore or Oak trees should be DRAFT PC Minutes 3 September 7, 2016

4 planted along the Laguna Canyon Road elevation to provide adequate screening, all proposed trees should be planted in a nonlinear fashion, the ground cover should completely cover the slope, motion sensors and timers should be added to the lighting, and the lighting should be turned off by 10:00 p.m. The Commission also reiterated that staff should check with the Fire Department on the status of the pepper tree. Motion AJ Second SW Action Approve the revised landscape and lighting plans associated with Conditional Use Permit , Planning Commission Design Review and Coastal Development Permit , subject to the conditions that all uplighting is removed, Sycamore or Oak trees are added on the Laguna Canyon Road elevation to screen the property from the road, tree placements are adjusted so they are planted in a more natural, nonlinear manner, ground cover plantings completely cover the rear slope, all lighting have motion sensors and timers, and lighting is turned off by 10:00 p.m. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 2. Conditional Use Permit , a request to allow outdoor display at an existing supermarket (Ralphs) at 700 South Coast Highway. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Martina Caron summarized the staff report. Questions of Staff: Ms. Caron advised Commissioner Johnson that the display racks are at least 3 feet wide, but leave enough space on the sidewalk to meet Building Code requirements for ADA (Americans with Disabilities Act) access. Ms. Caron estimated that the racks come out about 1 to 2 feet onto the sidewalk. She later noted that the dimensions can be found on Sheet A1.1, which also shows a 5-foot clearance. Commissioner Kempf acknowledged that the request for the water dispenser is in response to the residents request, but questioned if there are options to place the water dispenser inside. Ms. Caron confirmed for Commissioners Sadler and Johnson that there is currently one existing bike rack and the proposal is to add another, for a total 8 bicycle spaces. Public Testimony Regarding the Project: David Pacheco, Architect, noted that the water dispenser had been in place since 2002 and he recollected that the small trellis area was built to provide an alcove to screen it. He advised that the Glacier machine was recently removed to comply with Code Enforcement and they are proposing to bring it back because their customers have requested it. He clarified that the proposed outdoor display is not storage, but seasonal displays, such as cut flowers, pumpkins, etc., within a restricted footprint to meet code requirements, restricted in depth and a maximum width, to fit between the pilasters. DRAFT PC Minutes 4 September 7, 2016

5 Mr. Pacheco responded to Commissioner Kempf that the site is the smallest in the Ralphs chain, leaving no room for expansion or for the Glaciar machine inside the store, which is why it was located outside. Brian Phillips, Ralphs representative, explained that no Ralphs store has those machines inside, primarily for safety reasons regarding slip and falls. He noted that there is tile inside, which does not have as much traction as the pavement outside. However, Mr. Phillips also noted that there is zero space inside this store because it is so small. Mr. Pacheco responded to Commissioner Sadler that they have no preference regarding the types of bike racks. Deborah Young, resident for more than 40 years, stated that she uses the water machine and she submitted that the outside location is appropriate because it is more convenient for customers, minimizing the distance to carry the heavy water jugs. Commissioners Comments: Commissioner Sadler stated that he visits this store frequently and noticed that the outdoor displays encroached further into the sidewalk. He acknowledged that it is a small store, but also that it is tight along the sidewalk, so he was glad that the display areas will be restricted. Commissioner Sadler stated that he is in favor of the proposal and he commented that adding a bike rack is a good idea. Regarding the water dispenser, Commissioner Sadler noted that the applicant was trying to work with the City by removing it, but the public clearly wants it; therefore, Commissioner Sadler could approve having it in the proposed location. He supported approval of the project. Commissioners Whitin and McErlane also supported approval of the project. Commissioner Johnson noted the product creep and stated that she is glad it is coming before the Commission so appropriate conditions can be applied. She stated that she is okay with outdoor display of flowers, but she does not want the other stuff because it looks junky, and she submitted that this is the Commission s opportunity to clean up that site. She questioned if Glacier has a different color machine and stated that she sees no reason to have it, considering Laguna s tap water is excellent and people can buy bottled water. Therefore, she requested that the outdoor display be conditioned so that everything other than the flowers are removed, and she wanted the dimensions firmed up. Commissioner Kempf polled the Commissioners for a preference on the three types of bike racks presented and Commissioner Whitin suggested that the applicant choose whichever provides the most efficient layout. Commissioner Kempf agreed that the Glacier machine looks terrible, but acknowledged that the store is tight on space. She agreed with Commissioner Johnson on limiting the outdoor display to just the floral displays because the beach stuff and other seasonal displays add to the clutter, but she would go with the consensus. Commissioner Johnson agreed that it is a crowded store, but she asserted that it does not need to look cluttered in front. She also suggested that the floral racks should match the store. DRAFT PC Minutes 5 September 7, 2016

6 Commissioner McErlane agreed with Commissioner Johnson regarding outdoor display of just plants and related products; however, though he does not like the Glacier machine, it is recessed and not visible from public streets, and provides a good service to have for the public. Commissioner Whitin took a practical view, noting that this is a small store and if nothing is outside, then there will be a blank wall, which may be worse. She stated that if the request is for seasonal displays, she does not object, but agrees that the color of the plant rack should be changed to match the building. She reiterated that it is a small store that is very busy and noted that there is likely not enough room in the alcove for the seasonal displays, so the applicant is trying to make the most of the space that is there. Commissioner Johnson reiterated that this is the Commission s chance to make the site look better. Commissioner Whitin was advised that there are five seasonal displays proposed, six including the water dispenser. Commissioner Whitin suggested approving two seasonal displays with the rest limited to floral displays. The Commission came to a 4-1 consensus (with Commissioner Johnson dissenting) to allow the seasonal displays. Regarding the product creep concern, Mr. Pacheco explained that the defined area has now been taped off to clearly delineate where products can be placed, leaving a 5-foot flat sidewalk for walking. He explained that multiple display areas are proposed to comply with square footage computation restrictions. Mr. Pacheco advised that the Glacier appearance can be reduced by downplaying the front. He confirmed for Commissioner Whitin that the seasonal displays could be moved to the alcove. Commissioner Kempf also noted the Commission s desire for the display racks to match the color of the building if that request can be reasonably accommodated. Motion SW Second AJ Action Approve Conditional Use Permit at 700 South Coast Highway, subject to amended conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 3. Planning Commission Design Review to install a new 9-foot by 6-foot, 6-inch by 9- foot, 6-inch Biological Odor Control unit. Additionally, the City intends to install approximately 60 linear feet of 7 to 10-foot tall screening around the new equipment unit at 521 Forest Avenue and 635 Laguna Canyon Road (City Employee Parking Lot). The equipment and screening will be located immediately adjacent to the existing Laguna SOCWA Lift Station on the northwest side. Four City employee parking spaces will be relocated within the employee parking lot to accommodate the new Odor Control Facility. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Anthony Viera summarized the staff report. DRAFT PC Minutes 6 September 7, 2016

7 Questions of Staff: Mr. Viera confirmed for Commissioner Whitin that Water Quality has indicated that the slats in the existing chain-link fence will be replaced and the planting area will be repaired. Public Testimony Regarding the Project: Hannah Johnson, Water Quality Department, described the revised concept, with the top of the unit painted to match the existing building, the proposed fencing replaced with chain-link fencing with slats to match the building, morning glory added to the existing and the existing plants repaired, and a planter in front. She explained that Water Quality prefers the option with just the shrubs to the option with the yuccas because of the two parallel parking spots in that area. She stated that the planter will be 2 to 3 feet in width and span the entire side. Ms. Johnson clarified for Commissioner Johnson that the morning glory will have blue flowers. Ms. Johnson confirmed for Commissioner McErlane that the only difference between Options 1 and 2 is the additional plantings. Commissioner Whitin noted that this is a temporary project, expected to be in place for two to four years, and morning glories will take at least two years to cover the fence, which means you will be looking at the fence until then. She also expressed concern that the planter is only 3 feet wide and asked if the two parallel parking spaces could be moved, considering one space is not required. Ms. Johnson confirmed that there are other options for the space, without having to restripe the whole lot, on the south side of the lot. Commissioner Whitin submitted that if the spaces are moved, then the yuccas will not cause any concerns. Commissioners Comments: Commissioner Sadler stated his preference for Option 1. Though he said he understands the issue, he submitted that people can deal with the yuccas. He noted that this is a temporary solution and Option 1 provides better screening. He stated that he is willing to support approval of Option 1. Commissioner Sadler confirmed for Commissioner Johnson that he prefers keeping all the yuccas. Commissioner McErlane also preferred Option 1, with all the yuccas, noting that it is a temporary solution. Commissioner Johnson stated that she would go along with the consensus, though she does not like yuccas. The Commissioners responded to Commissioner Whitin that they are not concerned about parallel vehicles next to the yuccas. Motion KS Second RM Action Approve Design Option One for Planning Commission Design Review Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y DRAFT PC Minutes 7 September 7, 2016

8 4. Temporary Use Permit to allow a temporary construction storage yard from September 2016 through February 2017 at 113 Canyon Acres Drive (currently vacant). The project site would be used to store construction equipment and materials for the duration of the Milligan Bridge improvement project, which would replace an existing private vehicle and pedestrian bridge spanning Laguna Canyon Channel. The project would also provide temporary detour access between Canyon Acres and Milligan Drive for residents, emergency vehicles, construction crews, and others as needed. Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Anthony Viera summarized the staff report. Public Testimony Regarding the Project: Penelope Milne stated that the project has the support of the neighbors, but she has some trivial comments. On the plan, Ms. Milne noted that Milligan Creek is referred to as a drainage ditch, and this concerned her because there is a mandatory 25-foot setback for a blue line water course, but not a drainage ditch. She also noted that there is no setback from Laguna Canyon Creek, which she thought is perhaps because the creek is channelized in that area. Ms. Milne agreed that the property is the most logical site for staging, and she noted that the property owner is generous to allow it to be used. Ms. Milne assured that the Canyon Acres neighborhood is not against the project. Deborah Young stated that she is happy about this project going forward because it is very necessary, and she acknowledged how fortunate it is to have an open lot with a property owner willing to allow access. Ms. Young asked about the neighborhood s trash collection, noting that since the bridge was compromised, they have been bringing their cans out to Laguna Canyon Road, but with the start of this project, they will no longer be able to do so. She suggested perhaps bringing the cans to Woodland Drive and/or having temporary no parking on one side on trash day. Mr. Viera responded to Commissioner Whitin that the trash truck should be able to access the neighborhood through this lot. Adam Kaplan, 1244 Victory Walk, advised that he takes his trash to Woodland Drive, which is already crowded. Mr. Kaplan asked about access through the vacant lot, if the gates are locked. Mr. Viera advised that the gates will remain open for the duration of the project and then at the conclusion of the project, the gates will be locked at all times. Mr. Kaplan suggested no parking signage; however, Mr. Viera assured that the City can effectively manage the lot to ensure people do not park in the empty lot while it is accessible. Commissioners Comments: Commissioner McErlane supported approval of the project. Motion RM Second AJ Action Approve Temporary Use Permit at 113 Canyon Acres Drive, subject to conditions. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y DRAFT PC Minutes 8 September 7, 2016

9 5. Planning Commission Sign Permit to install new wall and window signage at 364 Ocean Avenue (currently Hoag Medical Group). Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. Anthony Viera summarized the staff report. Questions of Staff: Mr. Viera clarified for Commissioner McErlane that staff is now recommending that the Commission consider approving letters more shallow than 3 inches and still asserts that ⅛-inch-thick letters can be appropriate with standoffs. Mr. Viera submitted that thinner letters reduce the perception of bulk from the pedestrian viewpoint yet can provide for shadowing with standoffs. Mr. Viera noted 2-inch return options, such as Wells Fargo, which uses different colored returns to provide the illusion of shadowing. Mr. Viera advised Commissioner Sadler that the only 3-inch-thick letters staff found approved in the City is Gelson s in South Laguna, approved in April, but it is a 45 to 50-square-foot sign on an approximately 20,000-square-foot building, and not located in the downtown. Public Testimony Regarding the Project: Southideth Phimmasone displayed a sample board showing a 3-inch, 2-inch and flat-cut letter. He asserted that the 3-inch letter is more dimensional and he stated that they prefer flush-mount to reduce shadowing when the lights come on. He also stated that they prefer to keep the returns the same color to match the lettering to keep a consistent look. Mr. Phimmasone advised Commissioner McErlane that their preference is the 3-inch-thick letters. Commissioners Comments: Commissioner Johnson stated that she could support 1-inch-thick letters, like Bank of America, but nothing larger, asserting that 2-inch-thick letters seem big for the building. Commissioner Sadler thanked the applicant for providing the sample display. He stated that the 3- inch-thick letter looks way too big and he submitted that it would look awkward, sticking out too far. He also noted that nothing else in the downtown has 3-inch-thick letters and the letters lose readability from certain angles. Commissioner Sadler submitted that 2-inch-thick letters is a reasonable compromise, flush-mounted. Mr. Phimmasone confirmed for Commissioner Whitin that the letters on the sample board are roughly the same size of the proposed letters, and he advised her that the proposed color is grey. Commissioner Whitin agreed that 3-inch-thick letters are too big, but stated that she could support approval of 2-inch-thick letters. She stated that she likes the look of the Wells Fargo lettering, and suggested grey letters with black returns. DRAFT PC Minutes 9 September 7, 2016

10 Commissioner McErlane stated that he likes the 2-inch-thick letters. Regarding the colors, he submitted that conditioning a different color for the returns could cause a graphic or branding issue for the applicant. Motion SW Second KS Action Approve Planning Commission Sign Permit with flushmounted, 2-inch-thick letters, subject to the conditions that: (1) any sign lighting be turned off when the office is closed and (2) if there are complaints regarding the intensity of the lighting, the Director of Community Development can require the lighting to be dimmed or, if necessary, turned off. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 6. Planning Commission Design Review and Planning Commission Sign Permit to install replacement awnings and adopt a revised sign program for the multi-tenant property located at Forest Avenue (currently DeBilzan and Pacific Gallery). Communication Disclosures: the public hearing. All Commissioners have visited the site unless otherwise noted in Anthony Viera summarized the staff report and noted that the historic consultant has recommended that the building s K-rated designation be upgraded to an E rating. Questions of Staff: Mr. Viera advised Commissioner Sadler that the historic consultant does not get involved in applications such as a sign proposal because such modifications are easily changed and are not viewed as having a permanent impact to a building s historic integrity. Mr. Viera responded to Commissioner McErlane that the Commission may want to consider the historic character of the building and of lower Forest Avenue while considering its decision on the proposal. Commissioner McErlane noted the clearstory window, which he submitted is part of the building s historic significance and would be covered by the proposed awnings. Mr. Viera noted that the historic consultant is recommending the upgrade to an E rating as it currently exists, with the exposed canopy framing and canvas sails, which are clearly not in keeping with the building s historic nature. Commissioner Whitin asserted that the shape of the awnings do not comply with the Downtown Specific Plan s design guidelines because it does not reflect the geometry of the door or windows. Mr. Viera noted that the 1998 approval was to recanvas the awning structure and awnings are not considered to be an integral feature of the historic resource. He clarified that the application is for recanvassing of an approved awning structure; if the application was for a new awning structure, then the applicant could be directed to redesign the structure. Commissioner McErlane commented that he likes the proposed awning better than what is currently existing. DRAFT PC Minutes 10 September 7, 2016

11 Mr. Viera also clarified that the base at the bottom of the photo was approved as part of the 1998 remodel. Commissioner Sadler noted the previous design review approval, which had not been followed with the approved canvassing, so to be in compliance, the applicant could simply recanvas the awning per the prior approval. He submitted that it would be awkward to re-evaluate the awning structure at this point. Commissioner Kempf noted that the adjacent building has very similar architecture. Commissioner Sadler commented that the tenants may want shade from the canopies. Commissioner McErlane stated that if the awning was part of a previous approval, he is willing to honor that prior approval. Commissioner Whitin suggested that the applicant could have the option to remove the awning or come back with another design. Public Testimony Regarding the Project: Jordan Knickmeyer, representing the property owner and the interests of the tenants, advised that the color change was requested by the tenants; the original plan was to have the awning replaced per the 1998 approval. He submitted that the proposed changes increase the tenants visibility from the street with the added signage and the black color gives a more updated look. He stated that the stone work at the bottom of the building was part of the 1998 approval and he assured that the awnings do not block the historic plaque. Mr. Knickmeyer also noted that the window details underneath the awning are visible to pedestrians, and the dark red building trim is visible from the street. Commissioner Whitin noted additional signage recently put up that blocks the building number and Mr. Knickmeyer advised that the signage was put up by the tenant and will be requested to be taken down. Mr. Knickmeyer responded to Commissioner Kempf that the property owner would be willing to take down the awnings, but the tenants like them. Mr. Drapkin noted options for signage above the windows, similar to the historic photo, and he advised that staff would be willing to work with the applicant on exploring such options. Staff confirmed for Commissioner Sadler that it is staff s position that the applicant could recanvas the awning structure in the red color without any Planning Commission approval and staff confirmed for Commissioner Sadler that it is the requested color change that requires Planning Commission review, in addition to the proposed awning signage. Commissioners Comments: Commissioner Johnson acknowledged that the tenants request should be taken into consideration, but she submitted that the City also needs to honor the building. DRAFT PC Minutes 11 September 7, 2016

12 Commissioner Whitin asserted that there are other ways of providing shading, and she would like to see a design that meets the design guidelines by reflecting the geometry of the building. The Commission indicated for Mr. Viera interest in having the applicant consider removing the awning structure entirely. Commissioner McErlane agreed that the building has more potential and he asserted that the historic consultant should have input on the proposal. Regarding the proposed signage, Commissioner Johnson was unwilling to commit to an opinion until the awning is dealt with. Commissioner McErlane stated that he is okay with the signage, but submitted that awnings do not give new life, just camouflage. Mr. Knickmeyer advised that they would need to do a cost analysis of the project and may revert to the 1998 approval if other options are too expensive. Motion AJ Second SW Action Continue Planning Commission Design Review and Planning Commission Sign Permit to the October 19, 2016 Planning Commission meeting. Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 7. Conditional Use Permit to operate a retail store specializing in women s and men s apparel and accessories with outdoor clothing display at 537 South Coast Highway (previously Diane & Michael). (Items #7 and #8 were heard after Item #9.) Communication Disclosures: the public hearing. All Commissioners have visited the site unless otherwise noted in Anthony Viera summarized the staff report. Public Testimony Regarding the Project: Harrysen Mittler, applicant, responded to Commissioner McErlane that the proposed display area for the mannequins is on the south side of the building, an area approximately 3 feet by 8 feet, which would fit one to two mannequins. Commissioners Comments: Commissioner Johnson noted that the application is in response to Code Enforcement action and she agreed with the staff report regarding outdoor displays. She noted that the approval for 2007 South Coast Highway was quite different and she asserted that the display mannequin does not meet the standards for the Downtown Specific Plan area. DRAFT PC Minutes 12 September 7, 2016

13 Commissioner Sadler read the purpose of the Central Bluffs District from the staff report, noting that the previous CUP (Conditional Use Permit) was approved in June 2014 on a 3-2 vote, with he and Commissioner Dietrich dissenting. He noted that the staff report for that proposal had a different recommendation, that the Commission could approve the use if the findings could be made that the use is unique, rare and would not produce an incremental effect. Commissioner Sadler explained that the problem he was having at the time of the previous approval was with saturation and he noted that clothing stores often claim to be wearable art, which proves often to not truly be the case. He stated that he feels more so now than then that saturation levels have been reached for women s clothing stores and he will not change his mind now, so he is not willing to support approval of this application. He also asserted that such conditions attempting to ensure uniqueness in these clothing stores create situations that are difficult to enforce. Mr. Viera confirmed for Commissioner Whitin that revocation of the CUP (Conditional Use Permit) is not part of the staff recommendation and he confirmed for her that the request is to amend the approved CUP by revising the approved merchandise mix. Commissioner Whitin did not support approval of outdoor mannequins because it would not comply with the goals of the Downtown Specific Plan. Regarding the outdoor display, Commissioner McErlane noted the steep sidewalk grade and agreed that outdoor display is not appropriate in this area. Commissioner Johnson stated that unless outdoor display is very artfully done, it looks tacky. She supported the staff recommendation. Commissioner Johnson had the applicant indicate that he understands Condition 23 regarding compliance and the ramifications if violations are noted. Motion AJ Second RM Action Approve Conditional Use Permit at 537 South Coast Highway, prohibiting outdoor display, subject to conditions. Motion carried 4-1. Vote: Johnson Y McErlane Y Sadler N Whitin Y Kempf Y 8. (1) Conditional Use Permit to allow camping and event use for the area known as the Scout Camp (pursuant to the California Coastal Commission approval, Permit Application No. A-5-LGB ); (2) approval to re-landscape the Scout Camp area (pursuant to the California Coastal Commission approval, Permit Application No. A-5- LGB ) and (3) approval for minor modifications to Planning Commission Design Review (no floor area additions) including miscellaneous window and door changes, removal of a skylight, reconfiguration of a hotel building and minor changes in façade finishes at the lodge building at Coast Highway (The Ranch). Communication Disclosures: All Commissioners have visited the site unless otherwise noted in the public hearing. No new disclosures were reported since the August 17, 2016 hearing. DRAFT PC Minutes 13 September 7, 2016

14 Scott Drapkin summarized the staff report. He noted the correspondence from the South Laguna Civic Association, which expresses agreement that the use is compatible, but also requests that the Planning Commission adds a condition to preserve the Eucalyptus grove. Questions of Staff: Mr. Drapkin clarified for Commissioner Sadler that the California Coastal Commission s direction to remove the Eucalyptus trees closest to the creek has already been complied with and those trees were replaced with Sycamores. Public Testimony Regarding the Project: Morris Skenderian, architect, noted the minor architectural changes to the Lodge, minor changes to windows, French doors changed to fixed glass, glass railing replaced with a screen railing because it is more compatible with the architecture, spa building changes involving windows and stonework, adding bifold doors on the creek side, and removal of the 8-foot by 8-foot skylight at the peak of the roof because they felt it was too intrusive for the uphill neighbors. He also noted revisions to the B-1 building, located at the fork as you enter the facility, reversing the entry doors to now face the road instead of the creek, adding sliding glass doors that face the creek. Regarding the Scout Camp, Mr. Skenderian stated that they agreed to the conditions from the California Coastal Commission and are here to ratify the incorporation of those conditions into the prior approval. Mark Fudge referenced the letters he submitted that explain his position and the he sent this afternoon to respond to applicant s attorney's letter. He stated that he wanted to take a look at the project site and asked to obtain access to do so, but was denied, which he asserted was shortsighted. He asserted that there is no evidence of any hearings or design review approvals for the uses that have occurred at the Scout Camp, so Mr. Fudge asserted that most of those uses are illegal. Mr. Fudge also asserted that the Planning Commission is precluded from approving the request because Laguna Beach Municipal Code section requires an offer to dedicate to come first and be accepted and recorded. He asserted that the California Coastal Commission should have followed that procedure and he advised that he is seeking to have that decision changed in another venue. Mr. Fudge stated that the City of Laguna Beach is the lead agency and the California Coastal Commission s process does not supercede the City s and the City is required to address CEQA (California Environmental Quality Act) requirements. He noted that the RPR (Real Property Report) for the Scout Camp notes that it is not a legal building site and there is a process to go through to develop such sites. He asserted that if the site meets conditions in Laguna Beach Municipal Code section 25.08, then the site can be developed, but until that process is completed, the use cannot be approved. Sharon Fudge stated that she lives above the proposed project, and she read from the handout she passed out that was included in the s, which contains excerpts from the Deputy Attorney General regarding the Fudges lawsuit with the California Coastal Commission. Ms. Fudge noted that the applicant has used the site multiple times and she asserted that they are not in compliance with the CDP (Coastal Development Permit). She stated that the applicant continues to display a willingness to do what they want then ask for permission later, as occurred with the lighting and new windows. She stated that the applicant has done all development without permission and is DRAFT PC Minutes 14 September 7, 2016

15 converting the maintenance building into a halfway house. Ms. Fudge asserted that the law should apply evenly to all. Kamal Al-Faqih, Laguna Niguel resident on the ridgeline behind The Ranch, provided a presentation showing views from the ridgeline area, stating that many ridgeline residents oppose the noise, lights and events planned at the Scout Camp area because they jeopardize the serenity and natural beauty of the canyon, and the value of their homes. He expressed opposition to the proposed white tents for the events, stating that the glare of the sun hitting those tents disrupts the natural view of the canyon from above. He implored the Commission to deny the applicant s request, in order to protect the Aliso and Woods Canyons. Andreas Frank, also a Laguna Niguel ridgeline resident, noted the letter he submitted that outlined the points on why he opposes the request. He stated that there was a lack of adequate public noticing because there are over 150 residents in his neighborhood, whose names and addresses were provided, yet they were not noticed. He also noted that hundreds of people use the public trails daily behind the Scout Camp, yet no notice was posted on the trailheads or in the paper. Mr. Frank asserted that The Ranch is not following the terms and conditions of its CDP (Coastal Development Permit) and is using a loophole by obtaining TUPs (Temporary Use Permits). Mr. Frank noted that the CDP for the Scout Camp stated that breakdown must occur no later than two hours after an event, yet that condition was violated in April He noted that the applicant has been granted repeated TUPs to leave the tents up and he asserted that the applicant has displayed a lack of consideration for the impact in the community. Mr. Frank noted the considerable amount of time the Commission has spent reviewing details on other projects, yet The Ranch is allowed to have ugly, semi-permanent tents with no design options or considerations. Mr. Frank requested that the Commission vote against the project as proposed. Ann Christoph stated that she was involved in planning the Aliso Creek area and she noted that the community on the ridgeline was one of the projects reviewed several years ago. She stated that the approval of the development of that community required berms to be placed along the edge of the development to shield the sight of those residences from the canyon below; therefore, a revision to that condition must have occurred because the berms were removed. She acknowledged that there is a lot to balance, but asserted that many concerns can be addressed by the applicant. Ms. Christoph noted the history of the Eucalyptus grove, which was intended to be used for camping, and she stated that she is pleased to see that kind of use allowed because it is an important gesture to the original landowner that donated the land to the Girl Scouts in She stated that without such uses, the only people that can experience the area without staying at the facility would be golfers; therefore, she appreciated opportunities provided for the public in general. Ms. Christoph submitted that the Commission is able to condition the tents to address concerns, but requested that the Commission also acknowledges the historic nature of the site, the historic grove planted by the homesteaders, and she expressed appreciation that the applicant is willing to protect the grove. Rebuttal: Ginetta Giovinco, attorney representative for the applicant that is also handling the litigation, stated that comments regarding the necessity to redo hearings on the CDP (Coastal Development Permit) are incorrect. She stated that the proposal before the Commission has a very limited focus and noted the 10-page letter her office submitted responding to every point. Ms. DRAFT PC Minutes 15 September 7, 2016

16 Giovinco stated that public participation was ample for the project as a whole. She also stated that the Deputy Attorney General s brief regarding the CDP indicates that the California Coastal Commission acted properly, and the ratification of those conditions is why the applicant is here tonight. She stated that there are no violations on the property that she is aware of and no enforcement action involved. She stated that the CUP (Conditional Use Permit) is in conformance with the California Coastal Commission s direction regarding the Scout Camp. Ms. Giovinco stated that the offer to dedicate issue is addressed in the letter, along with all other legal concerns, and she urged the Commission to grant the applicant s request. Mr. Fudge responded to Commissioner McErlane that it would not be appropriate for him to walk onto the site without the applicant s permission even though it may be open for public use. Mr. Drapkin confirmed that the site is private property and therefore access is with approval only. Commissioners Comments: Commissioner Whitin noted the narrow focus for the Commission to address, which involves minor modifications to the buildings and whether use of the Scout Camp is appropriate, and she asserted that the requirements have been met. Commissioner McErlane stated that he has the same understanding. He expressed appreciation for Ms. Christoph s input regarding the historic use and the continuation of those benefits. He stated that the request is good and has been approved by the California Coastal Commission. Commissioner McErlane submitted that all the requested changes are reasonable and modest and he supported approval of the request. Commissioner Johnson agreed. Commissioner Sadler also agreed. He noted that the proposed use was required by the California Coastal Commission as part of their approval of the CDP (Coastal Development Permit) and the Planning Commission is asked to determine the use s consistency with the Laguna Beach Municipal Code, which he finds it meets. Commissioner Sadler acknowledged that the proposed modifications were made before they were approved; however, he explained that in such cases he makes his determination as if they had not; if changes are deemed not approvable, the applicant would have to undo them. However, Commissioner Sadler did not find that to be the case in this situation; the proposed modifications are minor and acceptable, and he is willing to approve them. Regarding the views for the ridgeline neighbors, Commissioner Sadler noted that the comments are treating the site as if it is part of the park, but it is not, it is private property, which is not the same as a tent in the middle of a park. Regarding protection of the Eucalyptus grove, Commissioner Sadler was unsure if the Commission could include that condition. Though he agreed with the history, the trees are not designated as historic. Regarding the use itself, he reiterated that the California Coastal Commission requested it to offset a loss of affordable lodging. Commissioner Sadler submitted that the use will be a good thing and he is willing to support approval. Regarding the color of the tents, Mark Christy, applicant, advised that with the recent opening of the new ballroom, the necessity of the tents will diminish to a rarity. He stated that they looked into alternate colors, and his supplier advised that the only options are white or circus striped. Mr. DRAFT PC Minutes 16 September 7, 2016

17 Christy noted that no lighting is used and the sun sets behind the hills, so the sun only hits the tents mid-day. Regarding the accusation that they are not complying with the required breakdown time, Mr. Christy responded to Commissioner Sadler that it was not his understanding that breakdown meant that everything is removed and he has not heard from the California Coastal Commission to the contrary. Mr. Drapkin clarified for Commissioner Kempf the general area of the Eucalyptus grove the South Laguna Civic Association wants protected, which generally surrounds the Scout Camp, towards the creek side. Commissioner Kempf agreed with the other Commissioners comments and supported the staff recommendation. Motion AJ Second RM Action Adopt the Resolution that approves Conditional Use Permit and Planning Commission Design Review Motion carried 5-0. Vote: Johnson Y McErlane Y Sadler Y Whitin Y Kempf Y 9. Zoning Ordinance Amendment and Local Coastal Program Amendment , amending Laguna Beach Municipal Code Chapter 25.54, Sign Regulations. The amendment would include technical revisions to confirm the content-neutral regulation of all sign types, and institute a permitting process for pole signs no taller than six feet subject to certain special findings. The Planning Commission will consider the draft revisions and provide direction to City staff for final City Council consideration. (Item #9 was heard before Items #7 and #8.) Scott Drapkin explained the request to indefinitely postpone this item. Motion SW Second AJ Action Indefinitely postpone Zoning Ordinance Amendment and Local Coastal Program Amendment Motion carried 5-0. Vote: Johnson Absent McErlane Y Sadler Y Whitin Y Kempf Y REGULAR BUSINESS 10. Minutes The minutes from the August 17, 2016 meeting were approved unanimously, as written (moved by Commissioner Johnson, seconded by Commissioner Sadler). 11. Departmental Reports Mr. Drapkin advised that staff will provide a roadmap of the review process for the Downtown Specific Plan update at the September 21, 2016 Planning Commission meeting. DRAFT PC Minutes 17 September 7, 2016

18 Mr. Drapkin reminded everyone about the Open for Business meeting on September 22, Commissioner Whitin advised that Commissioner Kempf will host that meeting with Commissioner McErlane because Commissioner Whitin will be attending the Planning Directors Forum in Fullerton. 12. Commissioners Reports Commissioner Johnson requested that staff keep the Cultural Arts Master Plan in mind when revising the sign regulations. Commissioner Sadler reminded everyone that he will be attending the California Coastal Law conference September 22-23, He also noted that the California Coastal Commission hearing on the Newport Banning Ranch project occurred today. Commissioner Whitin reported that she was invited to attend the Chamber of Commerce working group meetings, which is the group that is preparing white papers on the Downtown Specific Plan update to provide the Chamber s input on topics such as the parking ordinance, retail issues and land uses. She stated that her purpose in attending the first meeting was to clarify the comments she made regarding retail, and she reported that the meeting was very productive. The Commission noted the various and prolific code violations with portable signage and outdoor display throughout the City, particularly on weekends. Ongoing violations at Rasta Taco were noted, and unpermitted activity at Tresor Rare, similar to the activity that occurred at Oceane. 13. Adjourn The meeting adjourned at 9:06 p.m. to the regular Planning Commission meeting on September 21, DRAFT PC Minutes 18 September 7, 2016