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PC MINS 20050628CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING JUNE 28, 2005 CALL TO ORDER Approved July 12, 2QQ5 The meeting was called to order by Chairman Tetreault at 7:03 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. FLAG SALUTE Commissioner Golida ied the assembly in the Pledge of Allegiance. ROLL CALL Present: Commissioners Gerstner, Golida, Perestam, and Chairman Tetreault. Absent: Commissioners Karp, Mueller, and Vice Chairman Knight were excused. Also present were Director of Planning, Building, and Code Enforcement Rojas and Associate Planner Blumenthal. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Director/Secretary Rojas reported that at the last City Council meeting the appeal of the Planning Commission decision on Ella Road was continued to the Council's July 19th meeting. COMMENTS FROM THE AUDIENCE REGARDING NON -AGENDA ITEMS None CONTINUED BUSINESS 1. Code Amendment (Case No. ZON2004-00265) Associate Planner Blumenthal presented the staff report, explaining that the Planning Commission had directed staff to research whether building permits would still be required for cargo containers if the City were to define the cargo containers as temporary structures and allow them for a two-year, renewable time period. He explained that staff identified two major issues of concerns with this proposal. He stated that there is a limitation of action in the building code, explaining that the building code defines a temporary structure as one that is intended for use at a single location for a period not to exceed one year. Therefore, if the City were to issue a Special Use Permit for the temporary use of a cargo container, the property owner would be required to remove the cargo container from their property after one year. Secondly, staff felt with the two-year renewable permit, there would be a burden on staff and the applicant with the additional planning review procedures, as well as a code enforcement problem for the City, as it would cause staff to become proactive in the code enforcement process. Therefore, staff was recommending that if the Planning Commission wishes to allow the use of cargo containers for storage in the moratorium area on a temporary basis, that it be for a one time, one-year period. He stated that staff was seeking feedback from the Planning Commission on this proposal, and based on the discussion tonight, staff will work with the City Attorney to draft new language for the use of cargo containers. Commissioner Perestam asked staff if there had been a determination as to whether the landslide moratorium area could be singled out for the use of cargo containers, independent from the rest of the City. Associate Planner Blumenthal answered that at the last hearing the Planning Commission had identified the moratorium area as a unique area due to the land movement and size of the properties. He explained that identifying this area as unique satisfies requirements of the Development Code, but does not address the issues in the Building Code. Commissioner Perestam asked if there were instances in the City where staff is proactive in the code enforcement process. Associate Planner Blumenthal answered that the City is typically reactive in the code enforcement process. Chairman Tetreault asked staff what options the Planning Commission now has regarding cargo containers. He felt there is a legitimate need and a reason to have cargo containers in the slide area of Portuguese Bend for storage purposes. He felt that with the limitations in the Building Code, he felt that what the Planning Commission wants to do is something that they cannot do. Associate Planner Blumenthal explained that with the limitations in the moratorium area and the Building Code there are a lot of things that the Commission wants to do that cannot be done. He explained that the Building Official has done research and determined there is a way to allow cargo containers in that area on a .permanent basis by using a mat foundation system, where the foundation system will move with the land. He stated that the City Geologist has agreed that a mat foundation system could work, provided proper geologic studies are done. He noted, however, that this is a very expensive foundation system to install, and could cost more to install the foundation system than the cost of the actual cargo container. He explained that the Planning Planning Commission Minutes June 28, 2005 Page 2 Commission has the options of allowing the cargo containers for a one-year period, not allowing cargo containers at all, or allowing them for a permanent use while complying with the Building Code. There being no speakers, Chairman Tetreaultopened and closed the public hearing. Commissioner Perestam asked if it would be possible to allow the cargo container on a property, on a temporary basis, for one year and at the end of one year the temporary structure status can be renewed. He felt that this type of ongoing temporary approval would also allow for an inventory of how many cargo containers are actually in the City. Associate Planner Blumenthal explained that the Building Code states that a temporary structure is only valid for one year and then must be removed from the site. Director/Secretary Rojas explained that since this item was continued to a date certain, staff was reporting to the Planning Commission what has been learned thus far, that there are limitations to a temporary structure. However, if the Planning Commission wants to allow these on a temporary basis, staff can meet with the Building Official and City Attorney to come up with something that meets that objective as much as possible. Staff can then bring the item back to the Planning Commission with the results of these discussions. Chairman Tetreault acknowledged the difficulties, noting that staff is aware of what the Planning Commission is attempting to achieve, and if it is possible to achieve it, how can it be done. He also noted that if it is not possible to achieve, then staff should state this and the reasons why it is not possible to meet what appears to the Planning Commission as a compelling public need in a particular area of the City. Commissioner Gerstner felt that it may be necessary to recommend a two stage resolution to the City Council, in that the Planning Commission may recommend to the City Council adoption of certain language to allow the use of temporary cargo containers, but as part of that recommendation it will be necessary for the City Council to modify certain language in the Building Code. Commissioner Gerstner moved to continue the item to the August 9th Planning Commission meeting to allow staff the opportunity to further discuss the item with the Building Official and City Attorney to attempt to craft some type of solution for the Planning Commission's review, seconded by Commissioner Perestam. Approved, (4-0). PUBLIC HEARINGS 2. Conditional Use Permit —3 month review (Case No. ZON2004-00613): 29601 Western Avenue/Rio Carnival Planning Commission Minutes June 28, 2005 Page 3 Director/Secretary Rojas presented the staff report, explaining that because of personnel issues and other problems the restaurant is currently only open an some weekends and sporadically during the week. He noted that staff has received no complaints or reports of problems at the site, however because the restaurant is not fully operational staff is recommending an additional 3 -month review period. There being no speakers, Chairman Tetreault opened and closed the public hearing. Chairman Tetreault asked staff if the owner of the restaurant is aware of staffs recommendation to allow for an additional 3 -month review period. Director/Secretary Rojas answered that the owner of the restaurant is aware of staffs recommendation and had no objection to that recommendation. Chairman Tetreault asked when the new three-month review period would begin. Director/Secretary Rojas explained that the original review period ended near the end of May, therefore this new three-month review period would begin in late May and end in late August. Chairman Tetreault asked if there had been any indication from the owner as to when the restaurant will be opened on a continual full time basis. Director/Secretary Rojas answered that the owner had indicated the restaurant would be opened some time this summer. He stated that if the restaurant is not opened until July or August, the Planning Commission may want to extend the review again. Commissioner Gerstner moved to accept staff's recommendation and extend the review period for an additional three months, seconded by Commissioner Perestam. Approved, (4-0). 3. Heiaht Variation Permit (Case No. ZON2004-00570)) 3154 Deluna Drive Associate Planner Blumenthal presented the staff report, explaining the scope of the project and the need for the Height Variation. He stated that staff determined all of the necessary findings to approve the Height Variation could be made, and staff was recommending approval of the project, as conditioned. Commissioner Golida asked staff to verify which properties were considered when doing the foliage analysis. Associate Planner Blumenthal noted the properties on an aerial photo. Chairman Tetreault opened the public hearing. Planning Commission Minutes June 28, 2005 Page 4 Sara Thompson, Edward Carson Beal and Associates, 28727 Hawthorne Blvd (architect) stated that she was available to answer any questions regarding the project. Chairman Tetreault asked Ms. Thompson if the residence would be fully faced with stone or would it be partially faced as depicted on the plans. Ms. Thompson answered that the house will be fully faced in stone. Chairman Tetreault closed the public hearing. Commissioner Perestam felt that this site is very isolated. He felt that this addition would add some bulk and mass, however the visibility from the surrounding area is very limited and would cause no impact to the neighborhood. He therefore was in support of the project. Commissioner Golida agreed, noting that this house will be the third largest in the neighborhood, however the visual impact of the house will be negligible. Commissioner Perestam moved to adopt PC Resolution 2005-30, thereby approving the Height Variation as presented by staff, seconded by Commissioner Golida. Approved, (4-0). NEW BUSINESS 4. Planning Commission policy on accepting late correspondence. Director/Secretary Rojas presented the staff report, explaining the current policy and the concern Commissioner Karp raised about receiving the correspondence right before the meeting and not being able to read and fairly consider that correspondence when hearing the item. He explained that it would be very difficult on residents to refuse late correspondence all together, however there could be a change regarding late correspondence for view items. He noted that staff reports for the view items are distributed two weeks before the meeting and there is ample time for the public to submit their comments to go out with the meeting's agenda. Therefore, staff is recommending that language be added to the Planning Commission rules that requires correspondence for view items be submitted by the public by the Tuesday prior to the meeting so that it can be included in the packet. Otherwise, nothing will be accepted after the packet goes out to the Planning Commissioners. Commissioner Gerstner felt that since this was of special concern to Commissioner Karp, he felt that the item should be continued to a meeting where Commissioner Karp will be present. Commissioners Perestam and Golida agreed with Commissioner Gerstner. Planning Commission Minutes June 28, 2005 Page 5 Chairman Tetreauit agreed, adding that he felt it was important to accept late correspondence from the public, however they should be made aware that while the Planning Commission may agree to accept the late correspondence before the meeting, they most likely will not have the opportunity to read that material before hearing the item. Commissioner Gerstner moved to continue the item to the next Planning Commission meeting, seconded by Commissioner Golida. Approved, (4-0). APPROVAL OF MINUTES 5. Minutes of June 14, 2005 Commissioner Gerstner moved to approve the minutes as presented, seconded by Commissioner Perestam. Approved, (3-0-1) with Commissioner Golida abstaining since he was absent from that meeting. ITEMS TO BE PLACED ON FUTURE AGENDAS 6. Pre-Aaenda for the meetina of July 12, 2005 The Pre -Agenda was discussed and approved as presented. Commissioner Perestam noted that he will be absent from the second meeting in July. ADJOURNMENT The meeting was adjourned at 8:32 p.m. Planning Commission Minutes June 28, 2005 Page 6