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PC MINS 20070424 Approved May 22,V97 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING APRIL 24, 2007 CALL TO ORDER The meeting was called to order by Chairman Gerstner at 7:07 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. FLAG SALUTE Vice Chairman Perestam led the assembly in the Pledge of Allegiance. ROLL CALL Present: Commissioners Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman Perestam, and Chairman Gerstner Absent: Commissioner Karp was excused. Also present were Director of Planning, Building, and Code Enforcement Rojas, Deputy Director Pfost, Senior Planner Schonborn, Associate Planner Sohn, Assistant Planner Mikhail, and Assistant Planner Kim. APPROVAL OF AGENDA The Planning Commission unanimously agreed to hear Agenda Item No. 6 first and hear Agenda Item No. 2 after Agenda Item No. 5. COMMUNICATIONS Director Rojas distributed one letter of correspondence for Agenda Item No. 2 and a Resolution for Agenda Item No. 5. Director Rojas reported that on April 17th, the City Council denied the appeal of the new house on Via Victoria, thereby upholding the Planning Commission's decision. Commissioners Knight and Tetreault reported that they had met with the homeowners on Agenda Item No. 2. COMMENTS FROM THE AUDIENCE (regarding non-agenda items) None PUBLIC HEARINGS 6. Height Variation, Grading Permit, and Site Plan Review (Case No. ZON2006- 00618: 30200 Cartier Drive Director Rojas explained that the applicant has officially withdrawn the application and that staff was requesting the Planning Commission receive and file the report that the application has been withdrawn. The Planning Commission unanimously received and filed the report that the applicant has withdrawn the project application. CONTINUED BUSINESS 1. Grading Permit (Case No. ZON2007-00070): Trump Nation Lot 10 Deputy Director Pfost presented the staff report, giving a brief description and history of the application. He explained that staff has added a condition assuring that the back-up generator has an alarm system and a condition requiring the owner to record a covenant noting the residence has a back-up generator and the owner is responsible for maintaining the generator. He also explained that the soils reports for the lots in this tract include an analysis for the sulfate content and includes mitigation measures if necessary. He stated that staff feels the Commission's concerns have been addressed and therefore recommends the Commission adopt the Resolution for the project. Commissioner Knight asked if it would be standards practice for all of the lots in the tract to be tested and analyzed for its sulfate content. Deputy Director Pfost answered that it was his understanding that it had been done for all of the lots to this point and will continue to be done. Chairman Gerstner opened the public hearing, and there being no speakers, closed the public hearing. Commissioner Knight stated that he was satisfied with the responses staff presented to address his concerns regarding the generators and the sulfate content. Commissioner Tetreault moved to adopt P.C. Resolution 2007-26, thereby conditionally approving the Grading Permit as presented by staff, seconded by Commissioner Knight. Approved, (6-0). 3. Variance Permit (Case No. ZON206-00510): 6521 Via Lorenzo Assistant Planner Kim presented the staff report, explaining the scope of the project and the need for the Variance Permit application. She stated that staff felt the proposed Planning Commission Minutes April 24,2007 Page 2 project was compatible with the neighborhood and was therefore recommending approval of the project, as conditioned in the staff report. Chairman Gerstner opened the public hearing, and there being no speakers, closed the public hearing. Commissioner Knight asked staff if there is a minimum distance required between the garage and the house. Assistant Planner Kim answered that the Planning Department had no such requirement, however she did think there was a requirement through the Building Department, but did not know what that minimum distance requirement was. Commissioner Tetreault moved to adopt P.C. Resolution 2007-27 thereby approving the Variance Permit as presented by staff, seconded by Commissioner Lewis. Approved, (6-0). 4. Appeal of Coastal Permit, Grading Permit, Minor Exception Permit and Site Plan Review (Case No. ZON2006-00243): 11 Clipper Road Assistant Planner Mikhail presented the staff report, explaining the history of the project and the scope of the revised project. She explained that staff was able to make the necessary findings for approval of the project. Commissioner Knight asked, with this redesign, what the Planning Commission would be approving. Assistant Planner Mikhail explained that the Planning Commission would be approving the appeal, as well as the redesign of the project. Chairman Gerstner opened the public hearing. Daniel Bridleman 9 Clipper Road (appellant) stated that he is very comfortable and satisfied with the current redesigned project. Emil Sunjara (applicant) stated that the owner is also happy with the redesign and is ready to proceed with construction. Chairman Gerstner closed the public hearing. Commissioner Knight moved to adopt P.C. Resolution 2007-28 thereby upholding the appeal and conditionally approving the revised Coastal Permit, Grading Permit, Minor Exception Permit and Site Plan Review as presented by staff, seconded by Commissioner Tetreault. Approved, (6-0). Planning Commission Minutes April 24,2007 Page 3 5. General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Coastal Permit, Tentative Tract Map, Variance, Height Variation & Grading Permit (Case No. ZON2005-00536 & Sub2005-00006 etal): Nantasket Director Rojas presented the staff report, giving a very brief history of the project and that staff is presenting for review and approval the three separate Resolutions memorializing the decisions made by the Planning Commission. Chairman Gerstner felt it best to begin with the Resolution regarding the CEQA review. Vice Chairman Perestam moved to adopt P.C. Resolution 2007-29 thereby approving the CEQA review as presented by staff, seconded by Commissioner Ruttenberg. Approved, (6-0). Chairman Gerstner then asked for discussion regarding the Resolution dealing with the General Plan Amendment, Zone Change and Coastal Specific Plan amendment. Vice Chairman Perestam moved to adopt P.C. Resolution 2007-30 thereby approving the General Plan Amendment, Zone Change, and Coastal Specific Plan amendment as presented by staff, seconded by Commissioner Knight. Approved, (6-0). Regarding the Resolution approving the Tentative Tract Map and the various development applications, Commissioner Knight questioned if the Planning Commission had made the determination, in terms of neighborhood compatibility, that this development was considered its own neighborhood. Director Rojas explained that staff reviewed the tape of the previous meeting several times, and interpreted from the conversation of the Planning Commission that the Commission was considering this development its own neighborhood when discussing neighborhood compatibility. Commissioner Lewis' recollection was that there were four Commissioners who felt this development constituted its own neighborhood, but did not recall that being memorialized in a motion or a vote. Director Rojas agreed that there was no motion or vote taken on this issue. He noted that the City Council may want to understand how the Planning Commission decided the development was compatible with the neighborhood, and what constituted the neighborhood. Commissioner Ruttenberg stated that ultimately the Planning Commission agreed that this development would be compatible with its neighborhood, however he felt that how the individual Commissioners reached this decision may have been different. Planning Commission Minutes April 24,2007 Page 4 Director Rojas understood and explained that that City Attorney had stated that there is quite a bit of flexibility when determining a neighborhood. He therefore suggested language to be included that states that the Planning Commission felt it was compatible, whether it is considered its own neighborhood, or taking the surrounding neighborhood into consideration. Commissioner Tetreault suggested wording that a majority of the Commissioners did not think these proposed homes were incompatible with the neighborhood. Commissioner Perestam agreed that such language would be appropriate, adding that additional language could state that the basis for the Commissioners findings were not identical. The Planning Commission agreed. Dana Ireland thanked the Planning Commission for their hard work in coming to a decision on this proposed development. He stated that he and his architect listened very carefully to the concerns regarding the homes on lots 3, 4, and 5, and these houses have been redesigned to mimic homes he felt the Planning Commission would have been more understanding of. Commissioner Tetreault moved to adopt P.C. Resolution 2007-31 thereby approving the Tentative Tract Map and approving the Height Variation and Grading applications for residences on Lots 1 and 2 an denying the Height Variation and Grading applications for the residences on Lots 3, 4, and 5, as modified to include language regarding how the Planning Commission determined what is considered a neighborhood, seconded by Commissioner Knight. Approved, (6-0). 2. Revision to Conditional Use Permit No. 155 (Case No. ZON2003-0086): 27501 Western Avenue Vice Chairman Perestam stated that since he has three plots at Green Hills he will recuse himself from the discussion of this item. He added that, while he does not think this creates a conflict, he would recuse himself for the purpose of appearances. Senior Planner Schonborn presented the staff report, giving a brief history of the project and the scope of work requested with this revision to the Conditional Use Permit. He briefly explained the changes made to the Conditions of Approval, and stated that staff was recommending approval of the project as conditioned. Chairman Gerstner opened the public hearing. Barry Boudreaux (architect representing Green Hills) stated that he still has an issue with Condition 1(H) which calls for no garden walls to be allowed between the north perimeter roadway and the landscape buffer along the north property line in Area 4. He Planning Commission Minutes April 24,2007 Page 5 stated that these 30 inch high garden walls would essentially be of no impact, as they will not be seen beyond the 8 foot landscape screen that is proposed as part of the CUP. He then referred to Condition 5 N-1 regarding construction hours. He asked that the construction hours be changed to 7 a.m. to 4 p.m. to maintain a minimum 8 hour workday. He then discussed Condition 9, explaining it would be very difficult to enforce limiting visitors to listen to music for a maximum of 30 minutes. He explained that the cemetery will do everything it can to discourage anyone listening to music longer than 30 minutes, but did not see how it could be enforceable. He stated that he had no issue with complying with the 65 decibel requirement. He asked that Condition 5 AQ-14 regarding the annual review by the Planning Commission, be changed so that the annual review be done with the Director of Planning rather than the Planning Commission. Commissioner Tetreault asked how the cemetery felt it could enforce the 65 decibel requirement but not the 30 minute limitation of music requirement. Mr. Boudreaux explained that there would always be the option for the cemetery staff to call the sheriff's department with regards to excessively loud music, where it would be very difficult to enforce the length of time the music has been playing. Commissioner Knight asked Mr. Boudreaux to clarify his request for Condition 5 AQ-14 regarding the annual review of the Conditional Use Permit. Mr. Boudreaux clarified that if the cemetery is in non-compliance with any of the conditions of the Conditional Use Permit, then certainly.the matter should go before the Planning Commission. However, if it was found that the cemetery was in compliance with the conditions of the CUP, he was requesting that yearly review be done by the Director as opposed to coming before the Planning Commission every year. Commissioner Knight noted that this would not take into account any modifications that may be made to the Conditional Use Permit, and that any such modifications should be brought before the Planning Commission. Commissioner Ruttenberg asked Mr. Boudreaux if he accepted the conditions of approval not addressed in his comment letter. Mr. Boudreaux answered that he did. Commissioner Lewis asked Mr. Boudreaux if he would object to a neighbor calling the Sheriff's Department to enforce the 30 minute music limitation in the cemetery. Mr. Boudreaux responded that he could not control what a neighbor may or may not do, noting that he does not necessarily condone that happening. He stated that he would prefer the neighbor call the Green Hills office before calling the sheriff's department. Planning Commission Minutes April 24,2007 Page 6 John Resich (Board Member of Green Hills Memorial Park) addressed the music issue, explaining that there are times some of the visitors to the cemetery bring music, which may indeed extend beyond 30 minutes. He understood the need to keep the music at a reasonable level, however he questioned how they could limit someone who is quietly listening to the radio to 30 minutes, especially if the music is not being played loudly. He stated that the cemetery is very mindful of loud music and has, in the past, asked that this loud music be turned down or off. He noted that there are religions and ethnic groups which believe in playing music, and did not want to go down the path of these people feeling discriminated against. He did not think the cemetery should be set to a standard that is higher than that at any other park in the City in terms of playing music. He noted that construction hours in the City are 7 a.m. to 7 p.m. and that there is a certain level of work that must be done at Green Hills throughout the day. He noted that work does stop in areas during services. He asked that Green Hills have the ability to construct until 4 p.m. so that construction projects aren't extended longer than they should be. He thought that Green Hills should be held to the same standards that other construction projects throughout the City are held to. Michael McClung 1896 Peninsula Verde Drive stated that he was also representing several other property owners that live along the north edge of the cemetery,. He explained that several years ago it was agreed with representatives of the cemetery that there would be no above ground structures built between the north perimeter road and the north property line. He stated that in the application there are garden walls proposed along the entire north boundary. He felt that once these are built there will then be the noise from the gardeners and other maintenance issues. He explained that the neighbors are not opposed to any music or ceremony connected with a funeral, or any programs or services conducted by Green Hills. However, the neighbors are opposed to impromptu gatherings where large groups arrive at the cemetery and play very loud music for extended periods of times. He stated that the cemetery does nothing about these gatherings. He suggested some type of hot line be set up where the neighbors can call the cemetery directly, and the cemetery can then send out someone who has been trained to handle the situation. He explained that neighbors do not have problems with the hours of operation, however he noted that recently the cemetery rented out an area to a movie crew who set up generators and flood lights that ran all night, and asked that this type of occurrence stop. He asked that Green Hills be a little better about keeping their trees trimmed and laced so that the neighbors can keep the little view they have. Finally, he felt that the cemetery should come under a yearly review by the Planning Commission to make sure that they are truly adhering to the approved plans and conditions. Commissioner Knight asked if it was a written agreement that the neighbors had with Green Hills regarding the construction in the north area of the cemetery. Mr. McClung explained that while going through this process in approximately 1991 it was written in the master plan that from the fence line into the first perimeter road there would be no above ground structures. He stated that the neighbors interpret this to Planning Commission Minutes April 24,2007 Page 7 mean nothing can be built that is above the ground, including vertical headstones and walls. Commissioner Ruttenberg asked Mr. McClung if he had any objections to people in the cemetery quietly playing music for an extended period of time. Mr. McClung answered that he had no objection to people quietly listening to music. He explained his objection was to the loud boom boxes and the large gatherings that occur. He explained that he always has the option of calling the sheriff's department when the music is excessively loud, however past experience has shown that the sheriff's department has difficulty doing anything when Green Hills itself doesn't object to the music being played. Barry Boudreaux (in rebuttal) explained that the areas discussed with the walls will have more hand gardening maintenance than machine maintenance and it will be mowed once a week. He stated that there is a tree service that comes in once a year to trim and lace the trees in the cemetery. Chairman Gerstner asked for an explanation of why, on one hand the representatives of Green Hills say they do not want to encourage the loud music and large gatherings and will do everything possible to discourage it, and the neighbors who say that Green Hills is very unhelpful when they call with these complaints. John Resich stated that he is at the cemetery a good majority of the time and when he is not there one of his partners is. He explained that there is an armed guard at the site and that Green Hills has called the sheriff's department for assistance. He felt that Green Hills attempts, in all manners, to maintain a very quiet atmosphere, because that is why people come to Green Hills. Commissioner Knight asked if there is a phone number where neighbors can contact cemetery staff if there is a problem at the site. Mr. Resich answered that the main Green Hills number is answered 24 hours a day and that neighbors having a complaint will be put in contact with the appropriate personnel. He also explained that there are specific rules and regulations as to what is allowed at the cemetery, such as no drinking at grave sites, and violators of these rules will be escorted off of the property. Chairman Gerstner closed the public hearing. Director Rojas clarified that the City does not currently have a noise ordinance in place and that general noise activities in the City are not limited to 65 Dba. He noted that the previous Green Hills conditions do not have noise limits on them, and most projects do not have noise levels on them. He recommended that the staff condition of 65 Dba be removed, as it would be very difficult to enforce, noting a consultant would have to be Planning Commission Minutes April 24,2007 Page 8 hired to go to the site to measure the noise level, and that, since it is unknown when these types of activities occur at the site, this would not be practical. Commissioner Knight asked if there was a condition added that discusses the new perimeter landscaping. Senior Planner Schonborn explained that staff tailored a condition to try to address the issue whereby it leaves it up to the adjacent property as to how the landscaping is handled. He explained that some neighbors wanted landscaping while others did not. Commissioner Knight asked if there is a condition that the new road shown on the plans will be paved. Senior Planner Schonborn answered that the road will be paved, noting that there is no condition specifying that it will be paved, however. He stated that for clarity a condition can be added that the road be paved and maintained. Commissioner Knight discussed the plans for the new mausoleum. He noted that currently the silhouette shows the ridge line below anything that will block a Mew. His concern, however, was that as the grading behind was raised, a new benchmark would be established, which he felt would then cause view impairment of the harbor. He asked staff if that had been considered. Senior Planner Schonborn explained that the condition dictates that the mausoleum not impair a view, no matter what the height of the structure is. He stated that the height would be measured from the roadway, since that is something that will remain constant. He stated that would be addressed thoroughly when staff receives an application and plans for the construction of the mausoleum. Commissioner Knight noted that his concern was not only with the height of the mausoleum, but with the height of any new trees that are planted which could potentially block a view of the harbor. Chairman Gerstner re-opened the public hearing for the purpose of the applicant addressing the specific question of height. Barry Boudreaux explained that this specific mausoleum is designed so that on the top of the building, within the space of the mansard, there will be ground burial. He stated that once bodies are placed on top of the building, there cannot be any added building space or trees on top of the existing building. Commissioner Knight asked, if a specific condition is added that no trees or buildings be put in this specific area, would there be any objection. Mr. Boudreaux answered that there would be no objection. Planning Commission Minutes April 24,2007 Page 9 Chairman Gerstner closed the public hearing. Commissioner Lewis felt very strongly that the annual Planning Commission review be maintained, mainly to maintain the flexibility to modify any of the conditions of approval. He also felt the prohibition on garden walls should remain in effect. He was not sure how to address the loud music issue, but did not think that staff's condition of approval would address the issue. Finally, he had no issue with extending the construction hours from 3:00 p.m. to 4:00 p.m. Commissioner Ruttenberg agreed that changing the working hours to 4:00 p.m. was acceptable. He understood the Director's concerns with the language regarding the 65 decibels, however he noted that the applicant did not object to the language and the neighbors felt it was important. He felt that the language should remain, as it would give the neighbors a basis with which to complain to the property owner or to call the Sheriff's Department. He did not think limiting the playing of music to 30 minutes was acceptable, as most people would be playing the music softly. He also agreed that the yearly review be done before the Planning Commission, rather than the Director. Commissioner Tetreault questioned if there could be a condition where work must cease by 4:00 p.m. at the major construction areas, however for the day to day operation of the cemetery work must cease at 3:30 p.m. Senior Planner Schonborn felt that would be difficult to enforce, as a neighbor may complain to the City that a tractor is moving dirt at 3:45, but how can it be quickly determined if that dirt is for day to day operation or for the actual mausoleum construction. Commissioner Tetreault also felt that the only way to address the concerns of the neighbors is through an annual review before the Planning Commission. He stated that he was not sure what position he holds on work ending at 3:30 or 4:00. Regarding the construction time, Chairman Gerstner felt that Green Hills should have the time available to complete the work necessary after a burial. He also felt that Green Hills should be subject to the same construction hours as other construction sites in the City. Commissioner Knight stated that he has noticed several porta pottys being placed throughout the cemetery, and asked if this apparent permanent installation was something allowed by the code. Senior Planner Schonborn answered that this is not specifically addressed in the Code, and is usually addressed by Building and Safety. He suggested asking the applicant the intent of these porta pottys. Planning Commission Minutes April 24,2007 Page 10 Commissioner Knight stated that he would like to have conditions added that Lakeview Drive be paved, the fill above the mausoleum in area 2 have no trees or structures, and that the rules of the cemetery be posted near the entrance. Chairman Gerstner re-opened the public hearing to ask the applicant to speak specifically about the proposed time duration for construction and the issue of the porta pottys. Ray Frew (Board Member for Green Hills) explained that because of the high rate of visitation to Green Hills the staff was asked if there could be more restroom facilities made available to the visitors. He stated that these porta pottys have been installed as a temporary convenience as other facilities are being built that have restrooms installed. He stated that the porta pottys have been surrounded by wood and paneling so that they would be less objectionable to look at. Regarding the construction hours, he explained that no burials take place before 9:00 a.m. and that customers are very highly discouraged from having a burial take place after 3:00 p.m. He noted that that cannot be strictly adhered to, as funeral services may run longer than expected or the funeral process may run into traffic on their way to the cemetery. In discussing mausoleum construction, he felt that 4:00 was a more reasonable hour so that the crews can get in a full day of work. He explained that his concern with a yearly review before the Planning Commission was that he was afraid that changes could be made to an already approved project where they have sold spaces to people, and how they would then handle telling these people that the project was not going to be built as planned. Chairman Gerstner clarified that the reviews would be held for compliance issues, not to re-evaluate the entire plan. Mr. Frew felt that if it is for compliance issues, that should not be a problem. Commissioner Knight asked Mr. Frew if he would object to posting some rules at the entrance to the park. Mr. Frew answered that there would be no objection to such a condition. He also added that it is in absolute plan to pave Lakeview Drive when that area is developed, so therefore he had no objection to such a condition of approval being added. Chairman Gerstner closed the public hearing. Commissioner Tetreault felt that 3:30 was a reasonable time for construction to end at the site, and saw no reason to change it. He felt that the condition could be worded in some way that construction of mausoleums and other structures could end at 4:00 but grading relating to burial operations would cease at 3:30. Commissioner Ruttenberg felt very strongly that the condition should be changed so that construction hours end at 4:00. He could not see a down side to allowing construction until 4:00, as he felt this was still reasonably early. He also felt that the Planning Commission Minutes April 24,2007 Page 11 music not be limited to 30 minutes and would not change staff's recommendation regarding the garden walls. Commissioner Ruttenberg moved to accept staff's recommendations as amended to change the construction hours to 4:00, deleting the language on limiting music to 30 minutes, and include that Lakeview Drive be paved when constructed, and that no trees or structures be placed in the fill above the mausoleum in area 2, and post the rules of the cemetery at the entrance, seconded by Commissioner Lewis. Commissioner Knight was more inclined to suggest continuing this to the next meeting to allow staff the opportunity to put these suggestions in a Resolution for the Planning Commission to review. Commissioner Tetreault asked for clarification on the motion. He asked if changing the hours to 4:00 included the day to day running of the cemetery. Senior Planner Schonborn pointed out that there is a separate condition (no. 17) which discusses removing and replacing vault tops for preparation of funeral services and preparation, which has its own set of approved hours. Commissioner Ruttenberg stated that the intent of his motion was that Conditions 1, 5, and 16 would be changed to read 4:00 but Condition 17 and 18 would remain unchanged. Senior Planner Schonborn asked the Commission if they wanted to clarify where the cemetery rules were to be posted, and if they wanted to give Green Hills a deadline as to when the rules are to be posted. Commissioner Tetreault did not want to micro-manage the running of the cemetery and felt that Green Hills should post the rules in an appropriate location that will be available for anyone to see when entering the park. He felt that this issue can then be looked at during the one year review. The Planning Commission agreed. Commissioner Knight again raised an objection to the porta pottys. Chairman Gerstner re-opened the public hearing to discuss the porta pottys. John Resich explained that the neighbors had originally raised a concern about visitors at Green Hills having no restroom facilities available, and the possible consequences. He stated that Green Hills has placed these porta pottys and added screening for the neighbors. He noted that this is the only solution he can see, as the Planning Commission has eliminated the ability to have any structures in area 4. Planning Commission Minutes April 24,2007 Page 12 Mr. McClung stated that the neighbors do not like the porta pottys, and like them even less with the big wood structures around them. He stated, however, that he did not know what the solution to the problem is. Commissioner Knight asked Mr. McClung if moving the porta pottys further away from the residences would help the situation. Mr. McClung answered that would help. Chairman Gerstner closed the public hearing. Commissioner Tetreault did not think that Green Hills or the neighbors want the porta pottys in place, however Green Hills is doing the best they can to address and satisfy the concerns of the neighbors. He did not think the Planning Commission should put any additional restrictions or conditions on the porta pottys, and review the subject at the one year review. Chairman Gerstner agreed, adding that Green Hills may want to discuss with the neighbors where an agreeable location for a permanent bathroom might be, and if a location is agreed upon, the Planning Commission would most likely be open to the suggestion. The motion to adopt P.C. Resolution 2007-32 thereby certifying the mitigated negative declaration, and adopted P.C. Resolution 2007-33 thereby conditionally approving the revised Green Hills Master Plan, as amended (5-0-1) with Vice Chairman Perestam recused. ITEMS TO BE PLACED ON FUTURE AGENDAS 7. Pre-Agenda for May 8, 2007 Chairman Gerstner stated there was a possibility he will not be at the May 8, 2007 meeting. The pre-agenda was reviewed and approved. ADJOURNMENT The meeting was adjourned at 10:38 p.m. Planning Commission Minutes April 24,2007 Page 13