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PC MINS 20130108 Approve& FeJo-ru,cwy, 121 2 0 13 '* CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING JANUARY 8, 2013 CALL TO ORDER The meeting was called to order by Chairman Tetreault at 7:08 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard, FLAG SALUTE Vice Chairman Emenhiser led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Leon, Lewis, Nelson, Tomblin, Vice Chairman Emenhiser, and Chairman Tetreault. Absent: Commissioner Gerstner was excused Also present were Community Development Director Rojas and Senior Planner Schonborn. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Director Rojas noted that there were no City Council items to report. He distributed five items of late correspondence for agenda item No,2. Commissioner Lewis reported that he had a conversation with an adjacent resident related to agenda item No. 2, but received no additional information from the conversation. COMMENTS FROM THE AUDIENCE (regarding non-agenda items): None CONSENT CALENDAR 1. General Plan Consistency Finding — Cherry Hill lot purchase (Case No. ZON2012-00398) Director Rojas explained that occasionally the City is advised of properties on the County's delinquent tax rolls, and the City is given the opportunity to purchase the property. When such an acquisition occurs there is a State law that requires the Planning Commission to determine that the acquisition is consistent with the General Plan. He explained this property is a bit unique, in that the property owner approached the City regarding the property. He stated that what is before the Commission is an item recommending the Planning Commission adopt a Resolution finding the City's purchase of this parcel is consistent with the General Plan. Commissioner Lewis moved to approve the Consent Calendar, thereby adopting PC Resolution 2013-02 as recommended by staff, seconded by Vice Chairman Emenhiser. Approved without objection. CONTINUED BUSINESS 2. Conditional Use Permit for Point View Master Plan (Case No. ZON201 0- 00087) Vice Chairman Emenhiser disclosed that during his last City Council campaign he received a contribution from Mr. York and he purchased a home from Mr. York in 2005. He stated he did not financially benefit from the transaction and will be able to fairly hear this case. Commissioner Leon stated he is within 500 feet of the proposed project and therefore would recuse himself from the item, and left the dais. Senior Planner Schonborn presented the staff report, giving a brief project description which included the agriculture use, the golf course use, the event garden use, and the paved internal driveway and other miscellaneous improvements. He discussed the Planning Commission's request at the May 22, 2012 meeting for additional information and discussed each point as addressed in the staff report. He discussed the noise impact analysis, explaining two different thresholds were used in the CEQA and Conditional Use Permit analysis, as well as the series of mitigation measures to be incorporated in order to bring the noise down to the level of less than significant. He noted the environmental consultant and noise specialist are present at the meeting for any questions the Commission may have. He discussed the trails on the site, explaining that the Conceptual Trails Plan identifies three trails that traverse the property. He gave an update on the status of the City obtaining trail easements on various properties for these trails. Commissioner Lewis asked if there are currently any agricultural uses of the property. Planning Commission Minutes January 8,2012 Page 2 Senior Planner Schonborn explained that there is an avocado orchard on the property, and a Conditional Use Permit was not required for the use because it is less than one acre. Commissioner Lewis asked if the applicant only wanted to make a golf course and not have the agricultural use or the event garden, would a Conditional Use Permit be required. Senior Planner Schonborn answered that a Conditional Use Permit would be required for the golf course use. Chairman Tetreault stated that the applicant is requesting hours of operation between 8 a.m. and 10 p.m. Staff has mentioned an 8 p.m. cutoff as well as a 6 p.m. cutoff and asked staff to clarify the proposed operating hours, and also asked staff if they felt mitigation measures were adequate for operations on any point on the property up to 10 p.m. Senior Planner Schonborn noted a condition has been added to the conditions of approval which would limit the hours of operation to 10 p.m. The condition would require all guests and workers associated with the event garden uses to vacate the property by 10 p.m. Chairman Tetreault noted a condition of approval discussing speaker volume levels and the requirement that speaker settings not exceed a certain number. He thought that would work if the same equipment is used throughout time, however he questioned what would happen if the equipment was changed or replaced. Heidi Rouse (PCR) referred to mitigation measure noise 5, where there is an inclusion of a reference noise level of 88 dba, which would equate to a volume setting of 8, and an 86 dba which is at a volume setting of 6 on the current equipment. She felt this would cover any issues if the current equipment were replaced. Further, the DJ would be required to use the property owner's sound system, which was used to determine the volume setting, Senior Planner Schonborn added that same mitigation measure is listed as a condition of approval. Commissioner Tomblin asked if there were any restriction on lighting used by the Ws, such as strobe lights or flashing lights. Senior Planner Schonborn stated that there currently is not a condition, but staff can add such a condition regarding strobe or flashing lights. Commissioner Tomblin asked, if there are violations of any of these items, what is the remedy or the consequences, Planning Commission Minutes January 8,2012 Page 3 Senior Planner Schonborn stated the problems would be addressed in the six month review. He noted that the Commission can require a review every six months if there are problems at the site. He also stated that if there are complaints to the City the landowner will be informed so he can address the issue before the next event, Director Rojas stated that any violation of a CUP condition is a code enforcement matter that can be handled through the code enforcement process. He noted that the City does have the ability to revoke the permit or change the conditions of approval if there are repeated violations. Commissioner Nelson did not think it was feasible to require the workers of an event to be off the property by 10 p.m. if the event ends at 10 p.m. He noted that after a party there is quite a bit of work to be done at the site and has never attended an event where the workers and the guests left at the same time. He asked staff how they came up with this condition. Senior Planner Schonborn explained staff took the approach that 10 p.m. should be the cutoff for everything at the site, which was based on the noise studies. He noted the applicant has expressed concern with this condition. Chairman Tetreault opened the public hearing. Jim York (applicant) stated he is prepared to accept all of the conditions of approval to move this project forward. He noted there are three items he does not agree with, but is prepared to accept. The first item is the payment due to the agencies to replace the non-native grasses he will remove when planting his new areas. He did not think he was a party to the NCCP and to have to pay $100,000 is exorbitant. He disagreed with the suggested hours of operation, as he did not think it was possible to have the employees out of the area by 10 p.m. He also stated he could have a grey driveway or he could put dirt on the driveway, He stated, however, that he was prepared to abide by all of the conditions of approval, Commissioner Lewis asked Mr. York, if the Commission were to deny the Event Garden but approve the agriculture use or golf course, would he intend to pursue the operation of the agriculture uses or golf course without the Event Garden. Mr. York answered that he would not build the driveway if there was no Event Garden, He stated he would still pursue the agricultural use, but the golf course use is tied to the Event Garden. Commissioner Lewis noted that in 2009 Mr. York applied solely for an Event Garden use without a golf course or agricultural use. He asked Mr. York if there has ever been a time since then that he applied for either a golf course or an agriculture use without an Event Garden attached to those uses, Planning Commission Minutes January 8,2012 Page 4 Mr. York answered that he has only had two applications for this site, the original application for the Event Garden and this current application. Commissioner Lewis asked Mr. York if he had any plans to expand the golf course from its current proposed use to a larger area or to open it to the public. Mr. York answered that he has no plans to expand the proposed golf course or open it to the public. Commissioner Lewis asked Mr. York to explain how he felt the Event Garden would support the activities he plans at either the golf course or the orchard as an ancillary use. Mr. York explained that his situation is similar to Trump in that he is residentially zoned but wants to hold events, He was told that in order to hold events on the residentially zoned property he would have to have a golf course. He stated people can come to an event and use the golf course, or possibly use the golf course without an event. Gary Weber (representing Mr. York) emphasized that he and Mr. York have read the entire staff report and Mitigated Negative Declaration, and while they still have some problems with some of the mitigation measures and conditions of approval, they are prepared to abide by them. Barbara Sattler (representing the Sierra Club) stated that in May 2012 the Sierra Club submitted a very lengthy comment letter in response to the MND and did not receive any response to their comments, nor did they see any substantive responses addressing the issues they had raised, Therefore, the Sierra Club's position remains the same as it did in May in that they recommended the MND and the project not be approved. She stated the NCCP does obligate this property to require a habitat corridor and thought that should be dedicated in the MND, The applicant's assertion that the agriculture use will provide habitat function for the sensitive species in the area is purely speculative. The Sierra Club would like to see all insecticides prohibited on site and that all of the agriculture be organic. She asked that any invasive plants, as listed by the California Invasive Plant Council, be prohibited from use on the property. She noted that includes in the landscaping and ground cover. She questioned the applicant's 500- foot vegetation clearance for fuel modification, as it is far beyond what the Fire Department requires, and requested that be reduced. She requested the Planning Commission not approve the MND and deny the project as currently proposed. Gordon Leon stated he was addressing the Commission as a member of the Portuguese Bend Community, and not as a Planning Commissioner. He suggested a modification of the lighting condition, eliminating the solar lighting that demarks the driveway going up the hill. He would like the condition to read there will be no lighting after the hours of operation. He explained that the current restrictions are for approximately thirty days per year. If there are solar lights they would be on three hundred and sixty evenings per year. Secondly, he stated the residents of Portuguese Planning Commission Minutes January 8,2012 Page 5 Bend would rather not rely on the City to take complaints, but would prefer to have a direct line to someone in authority at the event to voice their concern while the event is taking place. He asked that a condition be added that there will posted a contact phone number of someone in authority at the given events so that complaints can be immediately addressed, Vanessa Bowman felt the proposed project will bring great things for the community, including open space, agriculture, as well as a prime location for special events. Chef Michael Shafer stated he was here to offer his expertise and answer any questions that the Commission may have in regards to the operations of catering. He briefly discussed the clean-up operation after an event, explaining that if everyone must leave by 10:00 he tries to call last call by 9:00 so that by 9:30 the participants of the event are off property. He stated that he would prefer the condition be changed to allow the staff to be off property by 10:30, but if that was not possible he would be happy to live with the current condition, Commissioner Nelson asked Chef Shafer how long it normally takes him to set up for a party at the site. Chef Shafer estimated he needs 2 Y2 to 3 hours to set up before the event starts and would like to have 1 Y2 hours to clean up, which is why he asked if the condition could be changed to allow staff to remain at the site until 10:30, He explained that it is important to thoroughly clean the property before leaving for aesthetics as well as to keep unwanted animals off of the property. Chairman Tetreault noted Chef Shafer will have employee vehicles on site and asked him, generally, what size the vehicles are and how many would be at the site. Chef Shafer answered that he drives a Suburban, his catering van is a 1985 15- passenger van he has converted, and three or four other cars for employees. He stated there will be no large trucks at the site in the evening, as they will come back the next day to pick up the larger items. Lisa Monks (Plum Tree Road) stated she has been carefully reading and studying all of the documents in regards to this project, as well as asking Mr. York many questions. She felt very confident that the effort Mr. York and the City have put into this project make this property a very good neighbor property. She felt it is a resource that is very valuable to the City. Vice Chairman Emenhiser asked Ms. Monks to address the noise issues that have been raised. Ms. Monks explained her property was a part of the noise study done for the project. She acknowledged that at night a little noise can be heard, but believed the mitigation Planning Commission Minutes January 8,2012 Page 8 will be adequate. She noted there will be a six-month review and the Commission and staff can reevaluate the situation at that time. Minas Yerelian stated that this is not a golf course, and was surprised the City has not taken the time to investigate to find out exactly what the golf course stands for. He felt that what is before the Commission is a gimmick that doesn't exist since without the golf course the Event Garden could not exist. He did not think this was any type of golf course or even practice facility and the only reason the area was added was to make the Event Garden acceptable, He also did not think there was any intention to do agriculture on the property, as that was also a part of the cover-up to get the Event Garden. He felt the project should be denied based on this gimmick. He asked if anyone in the room would take their clubs and play on this proposed golf course. He wondered why staff or the Planning Commission never brought this subject up. Jim York (in rebuttal) stated that, in response to Mr. Leon's request, he would have absolutely no issue in posting a contact number for the events. In regards to the solar lights, he explained he has almost 200 solar lights lining the path to delineate the area. He stated that they emit a very low level of light and would prefer to keep those in place. However, he also has another type of solar lighting on the property that lights up the trees and he would be more than willing to turn those off. Vice Chairman Emenhiser referred to comments made by Ms. Sattler regarding organic farming and the 500-foot vegetation break for fuel modification, and asked Mr. York to comment. Mr. York explained he will be doing organic farming to the extent possible through a certified organic farmers group. He stated currently his certified organic crops are avocados, vegetables, and olives. He will be converting the citrus to organic, and has been told that is problematic for the grapes to be certified organic because they are more delicate and susceptible. In regards to the fire break, he stated there have been seven fires on his property in the last ten years, all caused by Edison's equipment. Because of the fires, he mows his grasses three or four times per year and clear as required by the Fire Department. Commissioner Nelson noted that one reason for lighting on a property is to deter crime, and asked Mr. York if he had any comments regarding crime on his property. Mr. York stated there was a major break-in last year on his property. He has subsequently installed security lighting and motion detector cameras. He stated that the lighting on the property is low-voltage lighting that provides not only light, but light for the cameras to see when there are trespassers on the property. Commissioner Tomblin asked Mr. York if there is a way to turn off the solar lighting that runs along the driveway. Planning Commission Minutes January 8,2012 Page 7 Mr. York explained there are over one hundred lights, each one with a small switch to turn them off. Chairman Tetreault closed the public hearing. Chairman Tetreault asked staff if they felt a habitat corridor was needed for this project, as suggested by Ms. Sattler. Director Rojas stated that, NCCP or not, this property is a habitat corridor. In meeting with the various agencies, the question was asked as to whether or not this project creates an adverse impact to that corridor. Staff was able to show the agencies that the property will still mainly be open space and the proposed agriculture will not be an impediment to the corridor. Chairman Tetreault asked staff if the Event Garden is possible and under consideration only because of the golf element included in this proposal. Senior Planner Schonborn explained that the Conditional Use Permit application was accepted and processed by the Planning Department because the proposal includes a golf course and agriculture uses greater than one acre. Chairman Tetreault noted that the Development Code does not provide a definition of a golf course. He also noted the Development Code refers to a golf course as something that can be approved in a residential district through the approval of a Conditional Use Permit. Director Rojas agreed, noting that Trump National is zoned residential and obtained a Conditional Use Permit to operate a golf course. Commissioner Lewis suggested that, for efficiency, the Planning Commission first discuss whether or not the Commission can make the necessary findings to approve this proposed golf course and Event Garden before discussing the minutia in the conditions of approval. Commissioner Nelson moved the Planning Commission approve the staff recommendations found on page one of the staff report, with the following revisions: 1) A contact phone number be prominently displayed at all parties, and be answered; 2) The events end at 10:00p.m. and 3) The staff leave by 10:30 p.m. Commissioner Tomblin suggested the event end at 9:00 p.m. and the staff leaves by 10:30. Commissioner Nelson noted there is competitive pressure, and that most places close at 10:00. He felt Mr. York deserves the opportunity to meet that competition, which is why he made his motion for 10:00, Planning Commission Minutes January 8,2012 Page 8