PC MINS 20130625 Approved
July 9, 013
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION MINUTES
REGULAR MEETING
JUNE 25, 2013
CALL TO ORDER
The meeting was called to order by Vice Chairman Leon at 7:04 p.m. at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Commissioner Nelson led the assembly in the Pledge of Allegiance.
ATTENDANCE
Present: Commissioners Gerstner, Lewis, Nelson, Tetreault, Tomblin, and Vice
Chairman Leon.
Absent: Chairman Emenhiser was excused.
Also present were Community Development Director Rojas and Associate Planner
Mikhail
APPROVAL OF AGENDA
Commissioner Tomblin requested that item No. 1 be removed from the Consent
Calendar to allow open discussion. There was no objection from the Commission.
COMMUNICATIONS
Director Rojas reported that at the June 18th City Council meeting staff intended to
present the Western Avenue Vision Plan along with the Commission's comments on the
plan. However, the City Council continued the item to their July 16th meeting.
Commissioner Tomblin noted that he has been in communication with the Director in
regards to comments he has been receiving from neighbors and residents with respect
to the lighting at the new Chase Bank.
Associate Planner Mikhail updated the Commission on the lighting at Chase Bank,
explaining there are no conditions of approval relating to the interior lighting of the bank.
However, staff is working with the property owner to look into reducing the impacts from
the interior and exterior lighting.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items):
None
NEW BUSINESS
1. Height Variation, Grading and Conditional Use Permit (Case No. ZON2007-
00M) 5 Cayuse Lane
Director Rojas gave a brief staff report, explaining the owner is requesting the
Development Code requirement that the utilities be placed underground when
constructing a new residence be waived. He noted there is a provision in the
Development Code which states the requirement can be waived by the Planning
Commission or City Council for certain unique situations or hardships. In this case, the
applicant notified staff that the neighbor is not willing to grant an easement to
underground the utilities, which forces the lines under a retaining wall which would
increase the cost and hardship. He noted that staff has checked with Edison, and they
agree this is a unique situation. With that, staff is recommending the Planning
Commission exempt the new residence from having to underground the utilities. He
noted that the applicant, or anyone representing the applicant, were not in the audience.
Commissioner Tetreault questioned why this item was placed on the Consent Calendar
and not under public hearings.
Director Rojas explained staff puts items on the Consent Calendar when they don't
expect any discussion of the item.
Commissioner Gerstner asked staff to be more specific on what the hardship is.
Director Rojas did not have the details of the distance from the house to the pole or how
deep the utilities will have to go underneath the wall. He added that the Commission
can continue this item if they would like to speak to the applicant to better understand
the hardship.
Commissioner Gerstner agreed with the approach of continuing the item so that the
Commission could speak to the applicant and get more information.
Commissioner Tomblin agreed, noting that is the reason he asked the item be taken off
of the Consent Calendar,
Vice Chairman Leon opened the public hearing, and there being no speakers, closed
the public hearing.
Commissioner Gerstner moved to continue this item to a date certain to allow the
applicant to be at the meeting to better explain the hardship, seconded by
Commissioner Tomblin.
Planning Commission Minutes
June 25,2013
Page 2
Commissioner Nelson stated he could not support the motion, as a hardship in the
midst of a construction project can be very expensive. He felt it was very unfair to the
person trying to build the house, particularly when a neighbor won't agree to grant a
utility easement.
Commissioner Tetreault asked what stage of construction this house is at present.
Director Rojas responded that this was a very controversial project when it was
approved and the applicant has struggled to progress through the construction phases.
At this time the permits have expired and the owners are asking the permits be re-
issued. He added that this item can be placed on the next meeting's agenda and did
not think that would cause any hardship to the applicant,
Commissioner Tetreault felt that the requirement to underground utilities on new
construction is a good one. He acknowledged there should be exceptions to this
requirement, but there should be a good explanation and a good record kept as to why
the Planning Commission made the exception.
The motion to continue the public hearing to the July 9, 2013 meeting was
approved, (5-1) with Commissioner Nelson dissenting.
2. Variance, Lot Line Adjustment (Case No. ZON2013-00181 and SUB2013-
00004): 4 Thyme Place
Vice Chairman Leon stated he lives within 500 feet of this property and would therefore
recuse himself from the hearing. He asked Commissioner Tetreault to step in to preside
and he left the dais.
Associate Planner Mikhail presented the staff report, stating that in 2010 this project
was before the Commission and was approved. However, since that time the approvals
have expired and the case is back before the Commission. She noted the proposed
residence before the Commission is the same one that was before the Commission in
2010. She gave a brief description of the project and the need for the Variance and Lot
Line Adjustment. She stated staff was able to make all of the findings and was
recommending the Commission approve the project as conditioned by staff.
Commissioner Lewis disclosed that he had reviewed the Planning Commission minutes
from 2010 when this project was before the Commission.
Commissioner Tetreault opened the public hearing.
Ross Bolton (representing the owner) stated he is the civil engineer for the project, and
verified that this is the same project that was before the City previously. He stated he
was available for any questions.
There being no questions, Commissioner Tetreault closed the public hearing.
Planning Commission Minutes
June 25,2013
Page 3
Commissioner Lewis stated he voted against this project the last time it was before the
Commission, as he could not find there were exceptional circumstances pertaining to
the property. Given it is the same project, he would again be voting to deny the project.
Commissioner Nelson moved to approve the project as recommended and
conditioned by staff, seconded by Commissioner Gerstner. PC Resolution 2013-
16 was approved, (4-1) with Commissioner Lewis dissenting and Vice Chairman
Leon recused.
Vice Chairman Leon returned to the dais.
APPROVAL OF MINUTES
3. Minutes of May 28, 2013
Commissioner Nelson moved to approve the minutes as presented, seconded by
Commissioner Tomblin. Approved, (5-0-1) with Commissioner Gerstner
abstaining since he was absent from the meeting.
ITEMS TO BE PLACED ON FUTURE AGENDAS
4. Pre-Agenda for the meetinq on July 9, 2013
The pre-agenda was reviewed and approved as presented.
ADJOURNMENT
The meeting was adjourned at 7.25 p.m.
Planning Commission Minutes
June 25,2013
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