1 00:01:17,330 --> 00:01:47,250 All right, let's go ahead and get started, everybody. The time is now 301 p.m. on Wednesday, September 2nd. We'll go ahead and call the Wednesday or today's meeting of the Administrative Community Development Director to order. My name is Bill Rodriguez. I'm a planning manager in the Community Development Department, and I will be the hearing officer for today's proceedings. We do have three items on the agenda today. We will start out with general public comments for any item that is not not an agendized item. And then we'll move into each of the three public hearing 2 00:01:47,250 --> 00:01:54,030 matters. What I do want to go over though real quickly is some general ground rules for how the 3 00:01:54,030 --> 00:01:59,670 meeting is held and conducted. So when I do call your agenda item, if the applicant team would 4 00:01:59,670 --> 00:02:04,470 make their way forward and take a seat at the presentation table in front of me, they will be given 5 00:02:05,130 --> 00:02:10,130 up to five minutes to speak in support of their application. After that, I will ask if there is any 6 00:02:10,130 --> 00:02:14,010 member of the public present who wishes to speak either in support or opposition to that application. 7 00:02:14,010 --> 00:02:18,030 Those members wishing to speak and raise their hand and make come forward to the podium. 8 00:02:18,410 --> 00:02:21,610 You will each have up to three minutes to speak your piece on the matter. 9 00:02:22,230 --> 00:02:25,290 After that, I will give the applicant team up to three minutes for rebuttal statements. 10 00:02:26,270 --> 00:02:31,010 And then after that, it will return to the dius for my determination on the project. 11 00:02:31,710 --> 00:02:36,490 In making a decision on the project today, I have a number of options before me. 12 00:02:36,890 --> 00:02:39,810 First is that I can approve the application as it has been submitted. 13 00:02:40,310 --> 00:02:42,310 I could also approve it with additional conditions. 14 00:02:42,310 --> 00:02:48,230 I have the opportunity to continue the item to a future date to request more information. 15 00:02:49,090 --> 00:02:56,610 I could also continue it to a date uncertain if we determine that significant amount of additional time is needed to address concerns. 16 00:02:57,210 --> 00:03:00,270 I also have the opportunity to forward the project to the design review board. 17 00:03:00,870 --> 00:03:05,970 If I fill or the planning commission, if I fill that the issues raised by the project warrant their input. 18 00:03:06,630 --> 00:03:14,250 And last, if the project is not consistent with the city's design review criteria or the applicable findings, I do have the ability to deny the project. 19 00:03:14,730 --> 00:03:30,030 For any final determination that I make this afternoon, that decision is appealable to the design review board or the planning commission as appropriate based on the filing of a appeal application with the city clerk's office and the payment of a $2,500 application fee. 20 00:03:30,450 --> 00:03:33,570 So, with those understandings, we'll go ahead and jump in today's agenda. 21 00:03:33,730 --> 00:03:37,350 As I mentioned, a moment ago, the very first item on the agenda is general public communications. 22 00:03:37,590 --> 00:03:43,230 So, if there's anybody present who wishes to make a statement that is within the subject matter purview of this jurisdiction, 23 00:03:43,530 --> 00:03:48,090 but is not one of the listed items on today's agenda, please raise your hand and come forward. 24 00:03:49,810 --> 00:03:56,410 So, seeing none, we'll go ahead and close the public comments section and we will move into the first item on today's agenda, 25 00:03:56,410 --> 00:04:00,370 which is for the property located at 2, 6, 6, 0, pal away. 26 00:04:00,990 --> 00:04:05,130 This is for design review number 2, 0, 2, 6, dash 1, 4, 2, 7, 27 00:04:05,630 --> 00:04:09,690 and coastal development permit number 2, 0, 2, 6, dash 1, 4, 2, 8. 28 00:04:11,370 --> 00:04:13,970 This end of recommendation to adopt a categorical exemption, 29 00:04:14,190 --> 00:04:16,910 pursuant to sequel section 15303. 30 00:04:17,630 --> 00:04:19,770 Staff person on this project is Daniel Latham. 31 00:04:19,870 --> 00:04:23,310 He is not with us today, but this is an item 32 00:04:23,310 --> 00:04:25,550 that has been continued in the past. 33 00:04:25,550 --> 00:04:30,190 So we have heard the summary of what the application is. 34 00:04:31,190 --> 00:04:37,450 So with that, I will turn it over to you if you would mind making sure that the microphone there's a little green light that should come on. 35 00:04:37,950 --> 00:04:42,450 So if that is on, go ahead and introduce yourself for the record and you'll have up to five minutes to speak. 36 00:04:43,110 --> 00:04:43,470 Thank you. 37 00:04:43,850 --> 00:04:46,050 Yes, no, is the green light on? 38 00:04:46,190 --> 00:04:48,470 Yeah, there, better. 39 00:04:48,670 --> 00:04:54,350 I'm Shelley Hartwick, I'm an owner, we've already been here so I don't really have any questions, we're just back. 40 00:04:55,690 --> 00:04:59,750 Okay, very good. Thank you. All right. Any 41 00:05:00,000 --> 00:05:04,300 Order the public wish to speak on this item, either in support of opposition to the podium, please. 42 00:05:14,490 --> 00:05:38,610 My name is Jennifer. I'm the neighbor to 2660 Palaway. I also spoke at the August 5 meeting. So my first question is as the August 5 hearing, the matter was continued to August 26 because questions regarding the lot slope calculation and the 45% threshold. 43 00:05:38,610 --> 00:05:45,570 However, the September 2 staff report provides no additional explanation and still lists the 44 00:05:45,570 --> 00:05:47,810 slope as 46%. 45 00:05:48,340 --> 00:05:57,670 I also saw a letter from the owner from August 25 states that it's approximately 45.2%. 46 00:05:57,670 --> 00:06:03,590 So please clarify the correct slope whether the additional calculations was submitted and 47 00:06:03,590 --> 00:06:06,650 how the city is addressing the 45% threshold. 48 00:06:06,650 --> 00:06:13,710 Also in the staff report, I mentioned attachment number two, denial resolution, but I have 49 00:06:13,710 --> 00:06:18,890 not seen that document, so if I could be told where I can locate that document. 50 00:06:19,850 --> 00:06:23,330 Question number two is my privacy concern. 51 00:06:23,970 --> 00:06:34,110 So this is a picture from the plan that shows the Southwest view from the proposed ADU, but 52 00:06:34,110 --> 00:06:40,370 But this picture appears to take him from a grade substantially lower than the proposed 53 00:06:40,370 --> 00:06:42,670 ADU floor and elevated deck. 54 00:06:43,530 --> 00:06:49,250 And also, this photograph appears to be taken from North East portion of the proposed 55 00:06:49,250 --> 00:06:50,670 ADU area. 56 00:06:51,110 --> 00:06:56,650 So from this picture, you can see my house is way at the corner over there. 57 00:06:56,650 --> 00:07:05,610 So rather than taking a picture from a southwest corner, much closer, closest to my property, 58 00:07:06,170 --> 00:07:14,470 this picture provided in the plant is taken from North East and a much lower grade as I mentioned. 59 00:07:14,770 --> 00:07:22,350 So a photograph taken from the actual finished floor and deck elevation at the southwest corner 60 00:07:22,350 --> 00:07:27,370 is necessary to accurately evaluate the privacy issue and 61 00:07:27,370 --> 00:07:33,390 direct view into our main bedroom and the resulting impact. 62 00:07:34,030 --> 00:07:40,490 My concern is regarding emergency access and evacuation and 63 00:07:40,490 --> 00:07:45,770 other challenges that I brought up at August 5 meeting remain answered. 64 00:07:46,570 --> 00:07:47,250 So that's all. 65 00:07:48,330 --> 00:07:49,890 Thank you. 66 00:07:49,890 --> 00:07:59,750 Could you or is he would you do me a favor and grab the image that she just shared so I can make sure which angle she's referring to? Thank you. 67 00:08:00,970 --> 00:08:09,590 I also email the copy to Mr. Lensen and copy his supervisors so they should have an electronic copy as well. 68 00:08:09,910 --> 00:08:10,750 Okay. Thank you. 69 00:08:13,340 --> 00:08:16,220 Okay. Is there any other member of the public who wishes to speak on this item? 70 00:08:17,620 --> 00:08:19,740 Seeing none, Shirley. 71 00:08:20,500 --> 00:08:26,340 You have up to three minutes if you'd like to address the comments that you heard or make any final statements for my consideration. 72 00:08:26,640 --> 00:08:28,040 I mean, I've been up there at every elevation. 73 00:08:28,340 --> 00:08:31,920 You cannot see into her bedroom at all. 74 00:08:32,160 --> 00:08:37,400 If you need something from my architect to provide a drawing or plan or cow. 75 00:08:37,700 --> 00:08:38,580 We could do that. 76 00:08:43,140 --> 00:08:43,600 Okay. 77 00:08:48,460 --> 00:08:50,540 You can't even really get to the deck elevation. 78 00:08:56,360 --> 00:09:01,780 So the image that I'm looking at here that she's provided, it's also in your plan set. 79 00:09:02,240 --> 00:09:05,700 Let's share that, Elizabeth, would you mind handing it on to Shirley? 80 00:09:09,310 --> 00:09:14,870 So I guess what I'd like confirmation on is, is that an accurate picture? 81 00:09:15,470 --> 00:09:17,150 Actually, I need you to go back to the microphone. 82 00:09:17,370 --> 00:09:18,390 Yeah, if you don't mind, thank you. 83 00:09:21,400 --> 00:09:32,880 Is that that's that's accurate and reflective of sort of today's conditions it'll be hanging off of that ledge. It'll be further out, but that's a good representation like yeah, you can't. 84 00:09:32,880 --> 00:09:37,800 Okay, so that's that's an accurate representation of what's occurring in the upper portions of your backyard. 85 00:09:38,300 --> 00:09:43,980 if you're over the ADU is proposed and it's further out so it might be a little 86 00:09:43,980 --> 00:09:48,000 off but yeah that's big right because the ADU is projecting a little bit over 87 00:09:48,000 --> 00:09:55,160 that yeah it's an overhang you can't get to right out but in that image I see a 88 00:09:55,160 --> 00:09:58,680 lot of vegetation but it's on beyond the fence on what appears to me maybe your 89 00:09:58,680 --> 00:09:59,400 your property, Jennifer? 90 00:10:00,000 --> 00:10:08,220 Is, I guess, my point is that I'm not sure that I'm seeing your house in that image. Yes, please. 91 00:10:10,330 --> 00:10:13,990 I just want to make sure I understand what the relationships are that you're concerned with. 92 00:10:13,990 --> 00:10:14,510 I'll 93 00:10:23,790 --> 00:10:30,320 say it's next door to his house, but that picture is the furthest corner of that 94 00:10:30,320 --> 00:10:33,880 EDU, from the northeast, from the other neighbors, basically. 95 00:10:34,840 --> 00:10:38,460 And at the north, it's the EDU is going to be much higher. 96 00:10:38,720 --> 00:10:39,000 Okay. 97 00:10:39,660 --> 00:10:40,180 Okay. 98 00:10:40,540 --> 00:10:40,840 Thank you. 99 00:10:43,640 --> 00:10:44,160 Okay. 100 00:10:44,340 --> 00:10:44,520 Sorry. 101 00:10:44,720 --> 00:10:47,120 Shelley, are you concluded with your rebuttal remarks? 102 00:10:47,680 --> 00:10:48,020 Yes. 103 00:10:48,600 --> 00:10:48,880 Okay. 104 00:10:48,880 --> 00:10:51,180 Okay, so 105 00:10:53,330 --> 00:11:00,730 this one is, this project contains sort of two separate elements that I have to 106 00:11:00,730 --> 00:11:02,030 consider in sort of way. 107 00:11:03,190 --> 00:11:08,410 On the one hand, it's a coastal development permit application for the accessory dwelling 108 00:11:08,410 --> 00:11:09,350 unit itself. 109 00:11:10,130 --> 00:11:16,890 And under the coastal development permit review process, my hands are tied quite a bit. 110 00:11:17,910 --> 00:11:31,250 Some of the issues that you're raising particular with the concern for privacy are things that usually we have more leeway to address through the design view process, but under the city's codes, the design view process doesn't apply here. 111 00:11:33,090 --> 00:11:43,270 So even though I understand your concern about the privacy issues, that's something that is kind of a little bit too far for my reach under the authority that I have today. 112 00:11:45,070 --> 00:11:52,010 The privacy concerns that maybe could apply to the project would back up real quick. 113 00:11:52,390 --> 00:11:56,390 The design review aspects which is sort of the connection that we can make to privacy concerns 114 00:11:56,390 --> 00:12:01,530 is something that only applies to the 88 square foot deck which is located kind of on the 115 00:12:01,530 --> 00:12:05,190 front and the opposite side of the ADU from where your house is. 116 00:12:05,970 --> 00:12:12,490 And then given the way that the ADU is designed, it kind of comes at an angle across the front. 117 00:12:12,490 --> 00:12:21,310 So it looks like the portion of the ADU that's closest to your property lines up with the outside edge of that deck. 118 00:12:21,790 --> 00:12:26,190 So I think if somebody's standing on that deck, their view is looking more forward or 119 00:12:26,190 --> 00:12:32,510 perhaps looking a little more in the north-westernly direction and not so much out towards the south or south-easternly direction. 120 00:12:32,970 --> 00:12:40,150 So I'm not convinced that there's enough in the record yet to warrant additional conditions of approval 121 00:12:40,150 --> 00:12:44,750 will to mitigate a privacy concern from the deck itself. 122 00:12:45,070 --> 00:12:58,270 Relative to the ADU, the concerns that are addressed through that are things that are related to the project's potential to have adverse impacts on public coastal resources. 123 00:12:59,290 --> 00:13:07,350 And in that regard, a private view is not something that I can address, a private development to another private development. 124 00:13:07,350 --> 00:13:11,330 There would have to be an impact that's affecting that coastal resource. 125 00:13:11,990 --> 00:13:13,810 In this case, I don't see that. 126 00:13:14,210 --> 00:13:16,950 Yes, there is a hillside on the back of the property. 127 00:13:17,210 --> 00:13:21,110 Sometimes hillsides can qualify as coastal resources. 128 00:13:21,930 --> 00:13:29,110 But in this case, I think the documentation of the existing condition out there clearly demonstrates that that hillside has been graded, 129 00:13:30,170 --> 00:13:47,430 It is not in more of a natural state, it has clearly been modified and because of that I think that the level of importance that that hillside holds under the Coastal Act is significantly diminished. 130 00:13:48,290 --> 00:14:15,250 And so for those reasons, I'm going to go ahead and approve the design review and the coastal development permit with subject to being satisfying all the city's standard conditions of approval, subject to compliance with certain things that are building and safety department will require through the plan checking process, which is going to include matters that deal with construction staging of materials. 131 00:14:16,010 --> 00:14:28,750 ways to get men or the construction workers, men or women into and out of the site, obviously the roadway is narrow the roadway is steep, there are people who drive up and down that to get to their homes to turn the cars around. 132 00:14:29,610 --> 00:14:44,350 So there's going to be some coordination issues that have to occur, but I think that through that building permit review process, you'll need to submit those requirements to demonstrate to them how that can all be accomplished in a safe manner. 133 00:14:45,450 --> 00:14:55,150 So with those conditions of approval tied to the project, we'll go ahead and approve it in its form that was submitted today. 134 00:14:55,850 --> 00:14:57,050 Okay, thank you. 135 00:14:57,050 --> 00:14:59,350 So the the action today is 136 00:15:00,000 --> 00:15:29,360 Subject to that 14-day appeal period. So anybody who is agreed by the decision could request by filing the application with the clerk's office to have this decision appealed up to the design report and have them take a look at it, if so, desire. Otherwise, if no appeals filed within 14 days, this decision will stand on the 15th day. Okay. All right. Thank you, everybody. We can move on to the next item, which is agenda item number two is for the property. 137 00:15:29,360 --> 00:15:31,740 We have one, two, six, zero, and a cap away. 138 00:15:32,660 --> 00:15:34,980 And this is design review number two, zero, two, six, 139 00:15:35,420 --> 00:15:38,240 death, one, one, one, nine, and categorical exemption, 140 00:15:38,960 --> 00:15:42,360 pursuant to section 15301 of the California Environmental 141 00:15:42,360 --> 00:15:43,240 Quality Act. 142 00:15:43,760 --> 00:15:45,380 Ms. Suarez, you're the project planner. 143 00:15:45,500 --> 00:15:47,000 If I could get a brief overview, please. 144 00:15:48,040 --> 00:15:51,280 Yes, the applicant request administrative design review 145 00:15:51,280 --> 00:15:54,920 for a 244 square foot elevated debt condition 146 00:15:54,920 --> 00:15:58,320 on the South elevation of an existing single family residence. 147 00:15:58,320 --> 00:16:04,140 Design review is required for elevated decks more than three feet above a just adjacent existing grade 148 00:16:04,140 --> 00:16:11,960 pursuant to look in a beach municipal code 25.05.040b3a3 and 149 00:16:12,860 --> 00:16:17,800 Staff has not received any public correspondence on this item. Thank you. Okay 150 00:16:18,600 --> 00:16:23,440 Thank you mr. Nichole welcome. I built thanks. You have five minutes 151 00:16:23,440 --> 00:16:28,660 Yeah, this is just a simple deck addition to an existing deck. 152 00:16:28,660 --> 00:16:33,620 It's very similar to just about every other house up and down this street. 153 00:16:34,080 --> 00:16:37,400 And I have also not heard from any neighbors. 154 00:16:38,740 --> 00:16:39,160 Okay. 155 00:16:40,520 --> 00:16:42,900 Hi, would you like to say anything? 156 00:16:44,240 --> 00:16:47,260 I think the microphone please switch. 157 00:16:47,740 --> 00:16:48,260 Thank you. 158 00:16:48,260 --> 00:16:53,380 Ms. Piscan, the owner, just here to be his arm candy. 159 00:16:53,500 --> 00:16:53,740 That's all. 160 00:16:53,980 --> 00:16:54,780 Very good, thank you. 161 00:16:55,180 --> 00:16:57,680 All right, is there any other member of the public who wishes to speak out there in support 162 00:16:57,680 --> 00:17:00,940 or opposition to the request for the project to 1260 and a cap away? 163 00:17:03,190 --> 00:17:03,810 So you none. 164 00:17:04,170 --> 00:17:08,010 We'll go ahead and return it to the applicant team if you have any other final comments. 165 00:17:08,630 --> 00:17:11,290 If not, I will go ahead and make my ruling. 166 00:17:12,690 --> 00:17:15,630 All right, so there is an existing deck out there, right? 167 00:17:15,630 --> 00:17:19,110 This is a fairly small addition to it. 168 00:17:19,230 --> 00:17:24,630 It extends it out about a foot or two or so, 18 inches, I think, yeah. 169 00:17:25,010 --> 00:17:29,630 And then extends it a little bit further across so that it kind of fills the space occupied by the, 170 00:17:29,810 --> 00:17:33,850 is it the living room, family room, kind of the main living area off of that. 171 00:17:35,750 --> 00:17:42,370 Looking at the plans, looking at the neighborhood, I think I find it consistent homes to the left and to the right of that property. 172 00:17:42,370 --> 00:17:47,590 We also have similar large decks, maybe varying degrees of how far they project out. 173 00:17:48,090 --> 00:17:53,390 But I think in looking at if it's to apply kind of a generally apply like a string line 174 00:17:53,390 --> 00:17:57,850 to the concept, it seems that the alignment of this projection of the deck is roughly 175 00:17:57,850 --> 00:17:59,990 in line with the homes to either side of it. 176 00:18:00,410 --> 00:18:07,870 I think the overall square footage is comparable to what I see nearby, obviously given the setting 177 00:18:07,870 --> 00:18:11,010 of the property, the way that the neighborhood sort of terraces down the hills. 178 00:18:11,010 --> 00:18:15,430 I don't think that it creates any view or privacy issues. 179 00:18:16,070 --> 00:18:20,070 And so I am, I find it to be consistent with the city's design guidelines and 180 00:18:20,070 --> 00:18:23,270 I think that we can make the findings to support the project and 181 00:18:23,270 --> 00:18:25,510 grant you the requested approval this afternoon. 182 00:18:26,010 --> 00:18:31,130 So I will formalize the approval of design review 2026-1119 and 183 00:18:31,130 --> 00:18:35,490 the adoption of SQL categorical exemption percent to section 15301. 184 00:18:35,810 --> 00:18:40,190 Subject to the city standard conditions of approval and the 14-day 185 00:18:40,190 --> 00:18:42,310 a appeal period successfully expiring. 186 00:18:42,890 --> 00:18:43,650 So, all right. 187 00:18:43,950 --> 00:18:45,130 All right, thank you, gentlemen. 188 00:18:45,510 --> 00:18:46,130 Have a good afternoon. 189 00:18:50,920 --> 00:18:53,260 And the third item on today's agenda 190 00:18:53,260 --> 00:18:56,740 is for the property located at 3159C7. 191 00:18:57,220 --> 00:19:00,960 Table Rock Drive, this is a recommendation. 192 00:19:01,460 --> 00:19:02,820 This is a time extension request. 193 00:19:04,180 --> 00:19:07,320 So, is he certain that you are the staff planner 194 00:19:07,320 --> 00:19:08,880 if I could get in brief over to you, please. 195 00:19:09,800 --> 00:19:23,020 Thank you Bill, the applicant today requests administrative design review for a two-year extension of time for a design review 2023-1764 and Coastal permits 2023-1766. 196 00:19:23,860 --> 00:19:34,420 This was approved on July 25th in 2024 and this was for the additions, new ADU, new deck, new pools, spa, elevator, parking spaces and landscaping. 197 00:19:34,420 --> 00:19:37,600 Tune in existing single family dwelling in the R1 zone. 198 00:19:37,960 --> 00:19:39,960 This is the first request for the extension. 199 00:19:41,020 --> 00:19:41,460 Okay. 200 00:19:41,840 --> 00:19:43,780 I'm sorry, you said this is the first extension request. 201 00:19:44,280 --> 00:19:46,000 So this would be for a two year request. 202 00:19:46,120 --> 00:19:46,280 Correct. 203 00:19:46,640 --> 00:19:46,740 Okay. 204 00:19:47,860 --> 00:19:48,020 All right. 205 00:19:48,540 --> 00:19:50,840 Welcome, a few more I'm introducing yourself 206 00:19:50,840 --> 00:19:53,360 and speaking in support of your request. 207 00:19:53,780 --> 00:19:55,920 Yeah, my name is Dean Skinner, I'm a Jim Conrads office. 208 00:19:57,140 --> 00:19:59,860 And we're here to request these. 209 00:20:00,000 --> 00:20:28,280 It's taken us quite a while to get to this point, but we are at our third plan check. It went in the beginning of the month, early, early August. So we're right on the cusp of getting the permit. And it's just takes a little bit of time. Okay. So that's what we're at right now. That's why we need the extension. Okay. And my understanding is that I think the, the, the, the, the original entitlement would expire in November of this year. So. 210 00:20:28,280 --> 00:20:29,200 So- 211 00:20:29,200 --> 00:20:29,940 The- 212 00:20:29,940 --> 00:20:30,640 Is that too busy? 213 00:20:31,200 --> 00:20:31,740 Oh, the- 214 00:20:31,740 --> 00:20:33,700 In regards to the- 215 00:20:33,700 --> 00:20:34,720 The permit expire? 216 00:20:35,000 --> 00:20:35,120 Yes. 217 00:20:35,620 --> 00:20:42,060 Well, the entitlements were granted in July 2024, so two years would be July. 218 00:20:42,460 --> 00:20:43,640 But they requested this before that. 219 00:20:43,740 --> 00:20:43,900 Okay. 220 00:20:44,100 --> 00:20:44,400 Got it. 221 00:20:44,480 --> 00:20:44,740 Thank you. 222 00:20:46,200 --> 00:20:46,560 Okay. 223 00:20:47,700 --> 00:20:49,260 We'll come back to Dean. 224 00:20:49,600 --> 00:20:50,020 All right. 225 00:20:50,160 --> 00:20:52,280 So any other members of public question to speak on this item? 226 00:20:52,960 --> 00:20:53,100 Yeah. 227 00:20:53,280 --> 00:20:53,460 Yeah. 228 00:20:53,640 --> 00:20:53,780 Okay. 229 00:20:53,900 --> 00:20:54,020 Please. 230 00:20:54,020 --> 00:21:07,000 to the podium please? Yes. Welcome. Thank you. Good evening Mr. Rodriguez, planning manager. 231 00:21:07,160 --> 00:21:12,800 My name is Mo Farshid Namati, immediate southern next door neighbor of this proposed project. 232 00:21:13,060 --> 00:21:22,280 I'm here tonight to strongly urge you to deny the two-year extension for design review 2023-1764 233 00:21:22,280 --> 00:21:26,420 or in coastal development permit 2023-1766. 234 00:21:26,960 --> 00:21:29,900 Furthermore, I ask you to reject the staff recommendation 235 00:21:29,900 --> 00:21:35,200 to grant this project a Class III categorical CEQA exemption. 236 00:21:35,400 --> 00:21:37,320 The Class III exemption is legally reserved 237 00:21:37,320 --> 00:21:39,860 for small low impact residential structures. 238 00:21:40,060 --> 00:21:43,120 Look closely at what is actually being proposed 239 00:21:43,360 --> 00:21:49,580 on this highly sensitive lot, a 1694 square feet addition, 240 00:21:49,580 --> 00:21:56,880 multi-level decks, a new pool, a spa, deep excavation for a structural elevator shaft, et cetera, et cetera. 241 00:21:57,380 --> 00:22:07,340 This expands an already massive house into a 7,303 square foot mega compound inside an R1 residential zone. 242 00:22:07,880 --> 00:22:12,440 There's absolutely nothing small scale or standard about this, in my opinion. 243 00:22:12,440 --> 00:22:19,020 Again, more importantly, this lot possesses extreme geographical and structural anomalies 244 00:22:19,020 --> 00:22:25,560 that legally trigger the unusual circumstances and location exception under CQA guidelines 245 00:22:25,560 --> 00:22:27,520 15300.2. 246 00:22:28,400 --> 00:22:29,880 First, look at the Western boundary. 247 00:22:30,360 --> 00:22:37,620 This lot sits on an active coastal glove with a sheer 100-foot vertical drop directly onto 248 00:22:37,620 --> 00:22:39,800 to the Table Rock Beach. 249 00:22:40,420 --> 00:22:42,900 Proposing deep subterranean excavation 250 00:22:42,900 --> 00:22:44,980 for an elevator pit and a swimming pool 251 00:22:44,980 --> 00:22:46,860 on a fragile cliff side face 252 00:22:47,220 --> 00:22:50,040 is a major environmental hazard. 253 00:22:50,800 --> 00:22:52,940 Under the California Coastal Act development 254 00:22:52,940 --> 00:22:55,880 must guarantee long-term slow stability 255 00:22:55,880 --> 00:22:58,280 without risking bluff erosion. 256 00:22:58,520 --> 00:23:00,860 You cannot rubber stop a timeline extension 257 00:23:00,860 --> 00:23:04,700 on a coastal cliff without updated geotechnical data. 258 00:23:04,700 --> 00:23:05,400 2. 259 00:23:05,720 --> 00:23:07,140 Look at the eastern boundary. 260 00:23:08,540 --> 00:23:14,380 Applicants' property sits within 10 foot of a very old historic home, and whose owners 261 00:23:14,380 --> 00:23:17,360 here tonight, with an existing swimming pool. 262 00:23:17,800 --> 00:23:23,360 The heavy vibration, drilling and structural underprinting required to build a massive compound 263 00:23:23,360 --> 00:23:28,240 on this slope creates an acute immediate danger of lateral soil shifting. 264 00:23:28,640 --> 00:23:34,260 It puts my home and the eastern neighbor's pool at severe risk of structural cracking 265 00:23:34,260 --> 00:23:36,600 or catastrophic failure. 266 00:23:36,980 --> 00:23:38,520 Third, look at the Northern boundary. 267 00:23:38,720 --> 00:23:44,620 It runs directly parallel to the narrow walkway used by thousands of beach goers to access 268 00:23:44,620 --> 00:23:45,780 Table Rock Beach. 269 00:23:46,060 --> 00:23:52,820 Staging massive, heavy machining and construction on a 7,300 square foot compound, immediately adjacent 270 00:23:52,820 --> 00:23:58,780 to the bottleneck as a public safety nightmare and threatens to disrupt public coastal access. 271 00:23:58,780 --> 00:24:05,400 The applicant has their original two-year clock to run out without pulling building permits. 272 00:24:05,720 --> 00:24:08,160 They should not be granted a passive grant. 273 00:24:08,460 --> 00:24:14,120 By the way, I may add, the story polls that were there two years ago are still there. 274 00:24:15,060 --> 00:24:21,820 They're still on the roof house since July of 2024, despite my complaints to the city and 275 00:24:21,820 --> 00:24:24,040 repeated requests that the day be removed. 276 00:24:24,520 --> 00:24:27,160 You can imagine the flag polls from two years ago. 277 00:24:27,160 --> 00:24:36,560 So this is right, this is $10 million house right on the beach and we have to look at the story polls that I think they're supposed to be taken down two months. 278 00:24:36,940 --> 00:24:41,240 I don't know what the law is, but in any case, they've not done their part. 279 00:24:41,520 --> 00:24:49,000 So please deny this extension, force the applicant to reapply from scratch through a transparent design review process. 280 00:24:49,540 --> 00:24:54,040 Equip with updated Cliffs to Bill it report structure on gender views for 281 00:24:54,600 --> 00:24:58,140 shared property walls in a real public safety plan for the Table Rock 282 00:24:58,140 --> 00:24:59,860 Access. Thank you. Okay. Thank you, Mr. 283 00:25:00,000 --> 00:25:02,040 Thank you for your question. Anybody else wishes to speak? 284 00:25:09,450 --> 00:25:35,950 Hi, my name is Steve Holmes. I live immediately east of the proposed 31597 property construction. First, note down, the goal posts were moved between 2020 and 2024. As did the 31597 property setback. Any grade schooler will tell you that is both wrong and unfair. 285 00:25:37,490 --> 00:25:42,350 Second, in the DRB meeting in 2024, Conrad and I quote, 286 00:25:43,630 --> 00:25:47,250 offered to replace the wall between the properties at our cost. 287 00:25:47,430 --> 00:25:51,330 I'll say that again, offered to replace the wall between the properties at our cost. 288 00:25:51,950 --> 00:25:57,310 Now two years later, Conrad and Azar, the architect and the owner, have shut down, 289 00:25:57,450 --> 00:26:02,690 forgotten, ignored, repeated request by me beginning in August 2024, 290 00:26:02,690 --> 00:26:08,630 for to state in writing this commitment of Conrad to me personally and to the DRB. 291 00:26:09,570 --> 00:26:10,310 This is, 292 00:26:13,180 --> 00:26:19,040 if that isn't a clear and blatant change of neighborhood character, I don't 293 00:26:19,040 --> 00:26:19,820 know what it is. 294 00:26:19,920 --> 00:26:27,400 When neighbors here that a big money new neighbor says one thing in a public meeting and repeatedly 295 00:26:27,400 --> 00:26:33,300 shines on their next door neighbor when it comes to putting it in writing, that neighborhood 296 00:26:33,300 --> 00:26:40,400 character has changed forever. You only have two criteria to weigh for initially a two-year 297 00:26:40,400 --> 00:26:46,600 construction extension followed by a one-year extension. Did the zoning change and did the 298 00:26:46,600 --> 00:26:52,460 neighborhood character change to be materially inconsistent with the findings when the DRB initially 299 00:26:52,460 --> 00:27:00,420 approved the project? This is a perfect example of too much hat and too little cattle. And we don't 300 00:27:00,420 --> 00:27:05,460 have a single neighbor who hasn't just shook their head and discussed upon hearing this. 301 00:27:06,180 --> 00:27:12,280 In the more conventional sense of narrowly defined neighborhood character, we currently 302 00:27:12,280 --> 00:27:17,780 have two massive new construction or reconstructions, each of which have been underway for over 303 00:27:17,780 --> 00:27:18,460 five years. 304 00:27:18,460 --> 00:27:24,740 That's five years in the neighborhood and we're sick and tired of this mentionization. 305 00:27:25,400 --> 00:27:26,960 Both have one more minute. 306 00:27:27,340 --> 00:27:28,600 One more minute. 307 00:27:28,880 --> 00:27:29,640 Pardon me? 308 00:27:29,640 --> 00:27:30,320 I think one more minute. 309 00:27:30,560 --> 00:27:30,940 Thank you. 310 00:27:31,800 --> 00:27:39,240 Both of these five year plus projects consist of more than 5,000 square feet and the 31597 project 311 00:27:39,240 --> 00:27:44,300 is proposed at over 7,000 square feet, whereas the average square footage in our immediate 312 00:27:44,300 --> 00:27:46,900 neighborhood is closer to 2,000 square feet. 313 00:27:47,460 --> 00:27:52,940 Street so narrow that the city will neither own them nor traffic manage them. 314 00:27:53,020 --> 00:27:53,760 I'll say that again. 315 00:27:54,000 --> 00:27:58,560 Street so narrow that the city will neither own them nor traffic manage them. 316 00:27:58,560 --> 00:28:06,360 Yet they encourage rampant gentrification, even to the point of readily re-ruling setbacks. 317 00:28:06,800 --> 00:28:07,820 Thank you for your time. 318 00:28:08,780 --> 00:28:09,140 Thank you, sir. 319 00:28:14,160 --> 00:28:15,440 I'm Susan Brown. 320 00:28:15,620 --> 00:28:25,160 I live on 31591 Table Rock Drive, and I'm just here to support Mr. Holmes because I was there 321 00:28:25,160 --> 00:28:32,240 when Asia made his deal with him regarding the wall and the setback, and I just like to 322 00:28:32,240 --> 00:28:41,040 say that Steve has a beautiful home. It was built in the 40s. It was in the architectural 323 00:28:41,040 --> 00:28:52,060 digest in the 70s, and it has two bedrooms, but the architecture was designed with the entire 324 00:28:52,060 --> 00:28:59,160 property, it's not a fence, it's a wall, all the way around the entire property which 325 00:28:59,160 --> 00:29:01,580 enables him to live in the outdoor space. 326 00:29:02,400 --> 00:29:05,200 And so that is part of the architectural design. 327 00:29:06,320 --> 00:29:14,780 And we're very concerned that we know we can't change things, but the promise that they 328 00:29:14,780 --> 00:29:18,960 made to seismically make sure they monitor the wall. 329 00:29:18,960 --> 00:29:31,340 So it doesn't move so his swimming pool doesn't end up in their yard and also build the wall structurally that they were going to pay for. 330 00:29:32,780 --> 00:29:46,280 And so I think it's very important because Steve is reaching up there and we were talking to the real leader of the house was sold and one next to us is being sold and flipped for the 15th time. 331 00:29:48,160 --> 00:29:52,600 And, you know, if he wanted to put his house on the market, how could he do that unless 332 00:29:52,600 --> 00:29:59,220 there was an agreement between the property owner who originally agreed, and he who 333 00:30:00,000 --> 00:30:29,980 Sure, aye, we are assuring up that wall. Thank you. Appreciate it. Thank you. All right, Mr. Dean, you have three minutes. Rebellion opportunity. First of all, the staking, this first I heard about it, if the staking is indeed up, and it's okay to remove it, then I will put in a request to have that removed. Okay. The timeline, as you guys, anybody who's built in Laguna knows it takes quite a 334 00:30:29,980 --> 00:30:38,580 a bit of time to get it from the DR to the building stage, and two years is really cut 335 00:30:38,580 --> 00:30:43,300 and it closed, and that's why we're here for the extension, is because of the timeline 336 00:30:43,300 --> 00:30:48,440 and the review process, the building process. 337 00:30:48,940 --> 00:30:57,640 We are at PC3, which is in, so this will be the final review, as far as the wall goes, and 338 00:30:57,640 --> 00:31:00,340 Instructural issues, obviously I come from a building background. 339 00:31:01,100 --> 00:31:06,820 The plan, there is a shoring wall that's going to go in there that will hold the neighbors' 340 00:31:09,100 --> 00:31:10,540 property at bay. 341 00:31:11,060 --> 00:31:15,600 Once that shoring is constructed, the retaining wall that goes in, everything's going to be done. 342 00:31:16,180 --> 00:31:24,520 There also is a note that was added into the plan, and I believe it was on the conditions of approval. 343 00:31:24,520 --> 00:31:42,890 that the wall be monitored for any structural issues, any damage, anything like that during the course of construction and it be repaired to its original existing look and, you know, the wall itself. 344 00:31:42,890 --> 00:31:46,070 So any damage would be repaired. 345 00:31:46,690 --> 00:31:52,950 There has been communication with the owner and with Jim Conrad regarding just replacing 346 00:31:52,950 --> 00:32:02,530 the wall completely, which would probably be the best idea and to restore it once the 347 00:32:02,930 --> 00:32:06,650 shoring and everything is in to its existing appearance. 348 00:32:08,190 --> 00:32:09,370 That would be the best. 349 00:32:09,370 --> 00:32:17,970 We did get some communication from the owner, he said yes, he would agree, but we do not have that in writing at this point. 350 00:32:19,490 --> 00:32:24,750 But the note is on the plan that was requested in the design review to monitor the wall. 351 00:32:25,510 --> 00:32:25,750 Okay. 352 00:32:26,430 --> 00:32:26,970 All right. 353 00:32:27,350 --> 00:32:28,370 Anything else? 354 00:32:28,810 --> 00:32:28,950 No. 355 00:32:29,290 --> 00:32:29,430 All right. 356 00:32:29,630 --> 00:32:31,170 So the item is back before me. 357 00:32:31,910 --> 00:32:35,530 I do appreciate the comments that have been heard. 358 00:32:37,590 --> 00:32:43,930 As Mr. Holmes noted, my scope of review this afternoon is pretty limited, as I think you know. 359 00:32:44,570 --> 00:32:50,290 This is a time extension request pursuant to the code, my only items to consider under 360 00:32:50,290 --> 00:32:54,730 that are whether or not the code has changed or whether or not the neighborhood conditions 361 00:32:55,180 --> 00:33:00,810 have changed in a meaningful sort of way that it would possibly render the previous decision 362 00:33:00,810 --> 00:33:05,950 and mood, if you will, or necessitates a significant relook at this. 363 00:33:07,290 --> 00:33:27,050 All of the other items that are concerned, I would recommend or sort of encourage both the applicant team and then the effect of neighbors to stay in communication, obviously if the project continues to go forward and gets built, the project will take many months to occur if not longer depending on the actual scope of it. 364 00:33:27,850 --> 00:33:33,010 So, having those good, you know, building those good relations with his neighbor is quite important. 365 00:33:34,470 --> 00:33:42,760 But as far as the idea of maybe trying to sort of relitigate the original approval, 366 00:33:43,180 --> 00:33:52,640 that is beyond my authority this afternoon, just for purposes of validating or verifying the, for the record, 367 00:33:52,640 --> 00:33:58,640 The action today does not change, remove, or add any conditions of approval. 368 00:33:59,160 --> 00:34:04,180 The previous resolution would remain in its full force and effect. 369 00:34:05,020 --> 00:34:11,280 The concern is about structural integrity, whether it has to do with walls, grading, any of that type of stuff. 370 00:34:11,420 --> 00:34:17,400 That is something that is looked at closely by the city's building and safety department as part of the next step in the process. 371 00:34:17,400 --> 00:34:47,380 So typically speaking at a high level the planning department when they grant the project approvals we're looking at how the property is used and how the property is proposed to be improved but even after that those conceptual level plans are further refined and the actual construction documents and the construction plan set become much more thick, you know, thicker other professionals become involved with the civil engineers and 372 00:34:47,380 --> 00:34:53,580 structural engineers, the licensed contractors, doing the work on the job site, the city inspectors, 373 00:34:54,040 --> 00:34:59,600 a lot of other technical details that have to be worked through in terms of water quality and runoff and 374 00:35:00,000 --> 00:35:28,200 All of the safety issues that you're concerned about, those are things that are addressed in the building plan check and then in the field. So, they go, they're just kind of that next step after the planning entitlement. So, with those reasons, I feel comfortable in supporting the request for the two-year extension, knowing that this decision is based narrowly on whether or not the code is changed and whether or not the neighborhood has changed substantially. 375 00:35:28,200 --> 00:35:31,880 And I don't find that either of those things have happened. 376 00:35:32,200 --> 00:35:35,800 So I believe that the two-year time extension request is warranted. 377 00:35:35,960 --> 00:35:38,760 In this case, I'm going to go ahead and approve that. 378 00:35:40,860 --> 00:35:45,740 And I guess wish you the best of luck in finishing up the building plan check process. 379 00:35:46,760 --> 00:35:51,940 Know that for the record, there is only one other potential extension if it came to that. 380 00:35:52,940 --> 00:35:55,880 And time goes by fast in this community. 381 00:35:56,480 --> 00:36:01,340 So, with that, I will congratulate you on the approval of the two-year time extension 382 00:36:02,940 --> 00:36:04,460 and wish you the best of luck. 383 00:36:05,200 --> 00:36:05,520 Thank you. 384 00:36:05,800 --> 00:36:06,320 Thank you, time. 385 00:36:06,520 --> 00:36:06,780 Thank you. 386 00:36:07,540 --> 00:36:11,040 So, that now brings us to the end of today's agenda. 387 00:36:11,760 --> 00:36:17,700 The time now is 3.36 p.m., and I will adjourn the meeting until our next regular schedule meeting 388 00:36:17,700 --> 00:36:21,920 on Wednesday, September 9th, at 3 p.m. in these chambers. 389 00:36:22,560 --> 00:36:24,260 Until then, Aloha. 390 00:36:24,260 --> 00:36:29,480 Everybody I just hope this doesn't happen to you