PC MINS 20151110 Approved
December 8, 2015
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION MINUTES ') V
REGULAR MEETING
NOVEMBER 10, 2015
CALL TO ORDER
The meeting was called to order by Chairman Nelson at 7:00 p.m.at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
PLEDGE OF ALLEGIANCE
Commissioner James led the assembly in the Pledge of Allegiance.
ATTENDANCE
Present: Commissioners Cruikshank, Emenhiser, James, Leon, Vice Chairman
Tomblin, and Chairman Nelson.
Absent: Commissioner Gerstner was excused.
Also present were Community Development Director Rojas, Senior Planner Mikhail,
Associate Planner Seeraty, and Assistant City Attorney Burrows.
APPROVAL OF AGENDA
The agenda was unanimously approved as presented.
COMMUNICATIONS
Director Rojas reported that at their upcoming November 17th meeting, the City Council
will consider the Planning Commission's recommendation on the Western Avenue
Design Guidelines. He noted the Green Hills annual review will also be heard at that
meeting.
Director Rojas noted that the City Clerk recently advised the three Commissioners
whose terms end this December that they are expected to continue until new
appointments are made some time in early 2016.
Director Rojas distributed two items of correspondence related to agenda item No. 2
and seven items of correspondence related to agenda item No. 3
COMMENTS FROM THE AUDIENCE (regarding non-agenda item):
None
CONSENT CALENDAR
1. Approval of October 27, 2015 Minutes
Vice Chairman Tomblin moved to approve the minutes as presented, seconded
by Commissioner Cruikshank. The minutes were unanimously approved as
presented.
CONTINUED BUSINESS
2. Crestridge Senior Housing Landscape Plan Update
Senior Planner Mikhail presented a brief staff report, explaining that at the October 27th
meeting the Planning Commission had asked that applicant provide an additional
rendering, which is attached in the staff report. She showed photos of other sites using
this type of wall and the plantings that were used. She stated the applicant is available
for any questions.
Vice Chairman Tomblin reported that he met with the applicant and discussed the many
issues that he has with this project, noting his two major concerns being the long-term
maintenance of the landscaping on the walls and the wire fencing that was installed on
top of the walls.
Commissioner Cruikshank referred to the wire fencing, and asked staff if a resident
were to apply for that type of railing at their house for a deck, would they be allowed to
use that sort of barrier.
Director Rojas explained that the Building Code has certain requirements for safety
railings on decks. In this case, however, the railing is not required by the Code so there
are no design specifications or any Development Code design criteria that apply to the
fencing.
Commissioner Cruikshank asked staff what the purpose of the railing was at this site.
Director Rojas answered that it was staffs understanding that the railing was installed to
provide safety protection when maintenance is performed, but the applicant is available
for further questions.
Vice Chairman Tomblin noted that he was on the Commission when this project was
approved, and noted that at the time not only were the walls not approved by the
Commission, but the wire was not approved. He stated that the walls were an over-the-
counter approval made by a staff member.
Chairman Nelson opened the public hearing.
Planning Commission Minutes
November 10, 2015
Page 2
Angela Meyer (Taylor Morrison) explained the fencing was installed within the last thirty
days, and was approved by the Building and Safety Department. She stated the
fencing is intended for the safety of any maintenance workers who are working on the
slope, and to blend in to the landscaping. She distributed a picture that gave an idea of
the steepness of the wall. She stated that when she spoke to construction about the
possibility of removing the fence, they were not willing to remove it as they felt it was
needed for safety purposes. However, she stated they would be willing to paint the
fence posts so that they blended in with the landscaping.
Vice Chairman Tomblin disagreed, and noted that fencing was installed five or six
months ago. He asked staff if this wall and fencing was going to set a precedence and
set a standard for the rest of the City.
Director Rojas explained that the city does not have a set design standard for walls or
fences along arterials. In this case, the developer used this type of wall because it
could be planted, and staff preferred this selection to a wall that could not be planted. In
terms of the cabling on top, this was something the developer wanted to do, and was
not required by the code. He did not know if Public Works requires similar cabling in
their projects.
Ms. Meyer noted that the cabling was not something they necessarily wanted to do, but
it was something that Building and Safety and Public Works requested they do.
Commissioner Leon asked if it was the intention to cut the honeysuckle back so that it
doesn't grow on the fence, or if they were going to allow the honeysuckle to grow on the
fence.
Ms. Meyer assumed the honeysuckle would be trimmed back so it would not grow on
the fence.
Commissioner James moved to receive and file the status report, as
recommended by staff, seconded by Chairman Nelson. Approved (5-1) with Vice
Chairman Tomblin dissenting.
PUBLIC HEARINGS
3. CUP Revision (Case No. ZON2015-00230): 5837 Crest Road
•
Associate Planner Seeraty presented the staff report, explaining the scope of the project
as described in the staff report. She explained the findings that the Commission must
make in order to approve a revision to the CUP. She stated that during the public
comment period, staff received comments from neighboring residents regarding
concerns related to these findings. She stated there were several questions regarding
the need for the tank and that the applicant has responded that older gas vehicles and
equipment are being replaced by more efficient diesel equipment. In addition, there are
only two gas stations within the 90275 and 90274 area codes that dispense diesel fuel,
Planning Commission Minutes
November 10,2015
Page 3
and the applicant has noted that it is a cost savings to them to purchase the fuel in bulk
and have it available on site. In regards to the safety of the fuel tanks, she noted staff
has placed conditions on the approval requiring the tank be built per certain standards,
the tank will be required to comply with fire codes, and will be inspected by the LA
County Fire Department Health Hazard Materials Division. She also noted staff
consulted with the South Coast Air Quality Management District (AQMD) who confirmed
that diesel is less volatile than gasoline, and doesn't have the same restrictions on the
fuel dispensing equipment. She stated that staff was able to make all of the necessary
findings in order to recommend approval of the requested revision to the CUP.
Commissioner Emenhiser asked staff to give a brief history of the site.
Associate Planner Seeraty stated that the site has been in use since 1960 by California
Water Service. She noted in 1992 an after-the-fact Conditional Use Permit was
processed for the site, and has been in use since then. She noted the buildings on the
site are office buildings and maintenance buildings.
Commissioner Leon asked if the Cal Water site is subject to the same view ordinance
and tree trimming regulations that other residents are subject to.
Associate Planner Seeraty stated that the property is zoned residential and the view
ordinance applies to residential properties. Therefore, she felt the ordinance would
apply.
Commissioner James noted that this property is used by California Water Service and is
clearly not a residential use, even though the property is zoned residential. He asked at
what point the City will say we've gone too far in terms of what is allowed on this
property. He noted he has read the zoning ordinance and can't find the answer to that
question there or in the General Plan.
Director Rojas explained that this site pre-dates the City's zoning code, and when the
City incorporated the founding fathers acknowledged there was an existing non-
residential use at this site, but decided to zone the property residential with the idea that
if this use ever went away the replacement use would be residential. Therefore, as long
as applications come in staff will process them, because this is currently a legal use of
the property. He also noted that many years ago a developer requested to build several
residential homes in an area on this property. The neighboring residents very strongly
opposed this proposed development and stated they preferred to have the property
continue in its current use as a California Water facility.
Chairman Nelson opened the public hearing.
David Hoferer (applicant) stated the use of this property is not changing with this
proposal, as they were proposing a 1,000 gallon diesel fuel tank at the site. He
explained that diesel fuel is a combustible material, and because of that there are no
vapors or fumes which is why South Coast AQMD does not regulate it. He also
Planning Commission Minutes
November 10, 2015
Page 4
explained that currently trucks will leave the site to obtain fuel, which they bring back to
the site for use. He noted that in the current CUP there is an approval for gasoline
tanks, which are installed and are placed closer to the residential neighborhood. He
explained that this is all part of normal operations of fleets and all golf courses and city
yards have this type of operation. He stated he was available for any questions.
Commissioner Emenhiser asked Mr. Hoferer if this is explosive fuel wouldn't they put it
far away from their buildings rather than 10 feet away from their buildings.
Mr. Hoferer explained that the tank is approximately 50 feet away from their building,
however, technically the fire code would allow the tank to be as close as 3 feet from the
building because of the type of tank that is being used and the type of construction of
the building.
Commissioner Cruikshank asked Mr. Hoferer what the diesel fuel will be used for.
Mr. Hoferer explained that their fleet is eventually changing over from gasoline use to
diesel use. In addition, there are smaller pieces of equipment that use diesel fuel.
Commissioner Cruikshank noted that on the plans the structural engineer registration is
expired.
Mr. Hoferer was aware of that, and noted that the plans have been resigned.
Commissioner Cruikshank noted that they were not signed by the same structural
engineer.
Mr. Hoferer explained that the diesel tank is made and manufactured at several licensed
facilities throughout the Country, and they put out a standard set of structural
calculations. When the wet stamped plans are reviewed by Building and Safety they
will be stamped by the structural engineer.
David Hanna stated his home is very close to this project. He was concerned because
he has a young child, and if that fuel bursts, fumes will come out. In addition, the trucks
and equipment generate smog. He was concerned that Crest Road will become very
congested, and questioned why the trucks couldn't go to the Chevron Station at
Highridge and Hawthorne to fill up their tanks. He stated this is a residential
neighborhood and the use on this property is industrial. He was concerned with the
long-term effect of this use and the possible devaluation of his property, and also
questioned why there was no type of compensation plan. He also pointed out that this
structure will be 12-feet high and will be something that he looks at every day.
Commissioner Emenhiser asked staff if the homes were built before Cal Water was
using this site.
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November 10, 2015
Page 5
Associate Planner Seeraty answered that Cal Water has been at the site since 1960
and recalled the homes were built after that time.
Joe DeVenuto stated he has spoken to fifteen of the seventeen residences along
Scotwood Drive, Sunmist Drive, and Stonecrest Drive in regards to this project, and
every one of the fifteen objects to this proposed project for the reasons that were stated
in the staff report. He noted that he has seen an increase in the level of yard activities
and there is a concern that by increasing the fuel at the site there will be an increase in
the amount of vehicles on the property. He was concerned that this property could
become a fleet depot and all of the California Water Service vehicles could be moved
and stored on this property. He questioned why the vehicles couldn't get fuel while they
were out in the field. He also questioned why the current 2,000 gallon gasoline tank
couldn't be converted to a diesel tank, rather than adding an additional diesel tank to the
property. He questioned the safety of placing a diesel tank at the base of several cell
towers, as well as close to the existing generators. He stated that if the Commission
does approve the project, he asked that the Commission limit the hours of operation,
limit the number of trucks that are on the site, and to consolidate the fuel that is located
on the site so that there is not both gasoline and diesel fuel.
Denise DeVenuto stated the nature of the facility has changed over the past few years,
as it has become increasingly noisier, there is quite a bit of dust, and there is less
vegetation. She stated that from her residence she has a view of backhoes, trailers, and
a large gravel pile. She felt California Water Services has exhibited a callous disregard
for the residents in the neighborhood. She questioned who was going to monitor the
trucks going in and out of the property and who would verify that the trucks are not
coming from the Torrance facility. She felt that the rights of the residents of the City to
expect a pleasant, worry-free environment were more important than the water
company's convenience. She stated there is a gas station that provides diesel fuel on
the corner of Hawthorne Boulevard and Granvia Altimira and they are open from 6 a.m.
to 9 p.m. If needing access to diesel fuel 24-hours a day is a necessity she felt that Cal
Water intends to gas up their vehicles late at night or very early in the morning.
Commissioner Cruikshank asked Ms. DeVenuto how late at night there was noise
coming from the site.
Ms. DeVenuto answered that as late as 10 p.m. or very early in the morning.
Frank Rad echoed the sentiments of the neighbors. He stated he has been a resident
on Scotwood Drive for more than a decade, and California Water Service is also his
neighbor. He questioned if anyone would want their neighbor to have a 1,000 gallon
diesel fuel tank in their backyard. He stated the Water Service has been there for 55
years and the idea that they cannot fuel their cars and equipment at the gas stations on
the hill is laughable. He felt this request was unnecessary and urged the Planning
Commission to deny the request.
Planning Commission Minutes
November 10,2015
Page 6
Commissioner Emenhiser asked Mr. Rad if there was any disclosure about California
Water Service when he bought his home.
Mr. Rad answered that there really wasn't anything to say or disclose at the time.
Barbara Dzikowsky asked what would happen when there is an earthquake or other
environmental problem. Who will monitor the situation and how will the neighbors be
impacted. She was concerned with the added noise and asked that the Commission
consider the neighbor's concerns.
Carolyn Tuttle agreed with Director Rojas that there was, at one time, a proposal to put
houses on the California Water Service property. However, at the time the area was
also in a drought and there was concerns that large water storage tanks on the site
were proposed to be removed. She also recalled the homes proposed were quite large
and many were three-story homes that backed up to the fence and overlooked the
backyards of the neighboring residences. In regards to the current proposal, she did
not feel the health concerns have been adequately addressed, and read from an article
about diesel and the chemicals that are present. She also discussed the flammability of
diesel fuel that she read from an article she found on the internet.
Sid Wielin was very concerned that a diesel fuel tank was proposed to be placed right
underneath a cell phone tower. He felt this was the last place he would put a fuel tank,
and questioned what would happen if people working on the cell tower were to drop a
tool down onto the tank. He felt that at a minimum, the tank should be placed in a
different location.
Johnathan Kaji stated his home on Sunmist is right at the ingress and egress of the
property, and he is therefore very familiar with the activity of trucks and machinery
entering and leaving the property. He stated he was opposed to an additional tank on
the property, as he felt it would only increase the amount of vehicle traffic going in and
out of the property. He questioned that, given this is a public utility that maintains
liability insurance, if there is an accident would the adjacent neighbors be included as
additional insureds under that policy. He questioned that if there is an accident, would
that leave each individual homeowner on their own to mitigate or repair any sort of
damage as a result of an accident on the site.
David Hoferer (in rebuttal) explained this is a diesel fuel tank and there are UL
standards for fire protection, impacts, and explosions. He explained that to test these
particular tanks, they are filled with jet fuel, doused with jet fuel, and lit on fire and is left
to burn for over four hours. The temperature inside the tank is not allowed to rise by
more than one degree over those four hours. He explained the tank is concrete
encased with 6,000 psi reinforced concrete, and if anything is dropped on it and
explodes, the tanks are protected. He further clarified that smog is not created by
diesel, but rather by gasoline. He stated there are no vapors or fumes associated with
diesel. He stated the only by-product is the exhaust from the vehicles. He stated that
diesel fuel, because it is not flammable, is also not affected by radio waves, antennas,
Planning Commission Minutes
November 10,2015
Page 7
or activities. Further, because it is not flammable it is not combustible and will not light
on fire or explode.
Commissioner Emenhiser asked Mr. Hoferer if he was employed by California Water
Services or the design firm.
Mr. Hoferer answered he works for Orange Coast Petroleum Equipment, explaining he
designs and builds gas stations and fuel systems.
Commissioner Emenhiser asked if there was a representative from Cal Water available.
Matt Kang California Water Service) stated he was available for questions.
Commissioner Emenhiser asked Mr. Kang if Cal Water was transitioning from gasoline to
diesel or if it was their intent to use both gasoline and diesel.
Mr. Kang answered that both gasoline and diesel will be used, explaining some of the
larger vehicles already use diesel and others will be transitioning to diesel.
Commissioner Emenhiser referred to the neighbors' concerns of late night and early
morning operations at the site and asked Mr. Kang if there was a way to control that.
Mr. Kang explained that, unfortunately, this is the nature of the business of public
utilities. He explained he was just coming off of a 40-hour shift because there had been
a leak that had to be addressed. In order to get the residents affected back with water
before the morning, the crew had to work all night to make the repairs.
Commissioner Leon understood the operation during an emergency, however he asked
if the facility was up and running 24/7 during a normal operation.
Mr. Kang answered that the normal business hours are 8 a.m. to 4:30 p.m. and there is
a staff of approximately nine employees. He stated there is one employee who works
the night shift and may be in and out of the facility. He also noted that this facility only
services the Palos Verdes Peninsula.
Vice Chairman Tomblin asked staff if the use on this property was considered a legal,
non-conforming use.
Director Rojas stated it is a legal use, however the non-conformance question was
harder to define. He explained that although the lot is zoned residential, the General
Plan identifies the property as a utility infrastructure land use. However, once a
Conditional Use Permit is issued for a use, it is no longer a non-conforming use.
Vice Chairman Tomblin questioned if that means the utility company can continue to
operate what they already have at the site, but not to expand the operation.
Planning Commission Minutes
November 10, 2015
Page 8
Director Rojas answered that was correct if it is a non-conforming use.
Vice Chairman Tomblin asked Mr. Kang if the reason for the proposed 1,000 gallon
diesel tank was to accommodate the replacement of the existing vehicle count from
gasoline to diesel.
Mr. Kang answered that was partially true, and added that the tank was also needed to
fuel the vehicles since gas stations in the area are not open 24/7.
Vice Chairman Tomblin asked Mr. Kang if he were in a position to agree to a condition
of approval that there be no expansion of trucks or additional equipment or vehicles on
that site.
Mr. Kang stated he would have to speak with the District Manager first, but it was his
understanding that the fleet at that facility would not be expanding.
Vice Chairman Tomblin asked if there were any plans to convert the vehicles to natural
gas in the future.
Mr. Hoferer answered that natural gas vehicles can be expensive and there is a special
type of maintenance that is associated with natural gas vehicles. He also noted that the
natural gas type fuels are far more volatile than gasoline or diesel.
Commissioner Cruikshank noted that there is a condition that requires the noise levels
at the site not exceed 65 decibels. He questioned what is at the site that makes that
much noise.
Mr. Hoferer answered there is nothing they are putting in that makes that much noise,
it's just a written noise restriction. He noted that the noise from the equipment they are
installing is .1 decibels.
Commissioner Cruikshank stated he felt much better about a diesel tank than he did
about a gasoline tank, especially the one they are proposing to install.
Commissioner James asked if the Torrance facility has a diesel tank at their site.
Mr. Kang responded that that facility does not currently have a diesel tank, but they too
are planning to install one.
Commissioner James noted that if the Torrance facility were to have a diesel tank it
would only be a 5 or 6 mile drive from this facility to get fuel.
Chairman Nelson asked if the proposed tank is double hull.
Mr. Hoferer answered that it is double hull.
Planning Commission Minutes
November 10,2015
Page 9
Chairman Nelson asked what the seismic rating of the tank is.
Mr. Hoferer responded that it conforms to a seismic zone 4 rating, which is considered a
10 on the Richter scale.
Chairman Nelson closed the public hearing.
Commissioner Emenhiser felt there were many issues that the Commission must
consider. He stated that there are competing aspirations in that everyone in Palos
Verdes wants water and the surrounding neighborhood wants peace and quiet. He
stated there is a historical issue to consider, noting California Water Service was in
place and the neighborhood built up around it. He pointed out that this doesn't mean
the neighbors don't have a legitimate issue with changes or construction at the site. He
stated there was a concern about a safety issue from the neighbors, but noted that
diesel is safer than gasoline. He pointed out that there are 30,000 cell sites in America
that have diesel tanks right below them, and if electromagnetic pulses could set off
diesel there would have been a lot of coverage in the news.
Commissioner Cruikshank stated that he would be happier if somehow California Water
Service could get rid of the gas tank and replace it with the diesel tank, but they want
both at this point. He also thought it would be great if the property in Torrance would
get their diesel tank and the vehicles from Palos Verdes could go to Torrance to get
their fuel. However, he didn't know what the situation was in Torrance, noting that if the
site in Torrance was also surrounded by residential neighborhoods, he didn't want to
push our problems here onto another city. He didn't particularly see a safety issue in
having a cell tower located above the tank, and deferred to Commissioner Emenhiser's
comments on that issue.
Commissioner James felt that the water company has not met their burden of proof. He
felt that if the water company wants to take this property and do something new or
different to it they have to show more than it would be convenient for them to have this
change. He stated he would like to have the water company convince him that this is
sufficiently a benefit to the community to justify modifying the CUP as they have asked.
He was persuaded that there was not a safety concern, but was concerned that we in
the city of Rancho Palos Verdes are supposed to service and support the other cities
around us. He stated that if this is just a matter of convenience, this is not enough to
persuade him.
Commissioner Leon felt it was beneficial, in terms of safety, to be using diesel as
opposed to gasoline. However, he felt this was essentially an industrial use in a
residential area. He noted that most of the conditions associated with this were directed
specifically at this particular project, as opposed to the conditions associated with
normal operations at the site. He noted that the CUP conditions allow the water service
to operate late at night, whether or not there is an emergency. He felt there could be a
creative way to write conditions so that there are conditions addressing normal
Planning Commission Minutes
November 10,2015
Page 10
operations during the day as well as emergency operations in exchange for allowing the
use of a 1,000 gallon diesel tank at the site.
Vice Chairman Tomblin agreed the diesel and the tank is a better and safer situation as
opposed to gasoline. Because there is a CUP for the site, this is a legal use and the
water company has a right to be able to use their property. However, when things come
before the Planning Commission to request a change to the property, it is a good time
for the Planning Commission to listen to the complaints and concerns of the surrounding
neighbors to see how some of the situations may be able to be mitigated. He stated he
would like to see a continuance of this public hearing to get a better understanding
about operations and that the 1,000 gallons of fuel is not intended to be an increase in
operations at the site. He also felt that there should be some exploration done into
using the Torrance site, if they are allowed to have a diesel tank at that site.
For the purposes of discussion, Commissioner Emenhiser moved to approve
staffs recommendation, seconded by Commissioner Cruikshank.
Commissioner Leon stated he could not support the motion, as approving staff's
recommendation with a few amendments presumes the Commission can make
intelligent conditions at this meeting, and he, for one, did not feel he could do that at this
time.
Commissioner Emenhiser felt that the issue before the Commission was that the
Commission was being asked to approve a diesel tank. The comments from the
neighbors were regarding what is happening now at the site and in the neighborhood,
and what may happen in the future. With that, he was of the impression that the best
the Commission can do at this meeting is to approve the diesel tank with conditions,
knowing full well that the only real remedy for the neighbors may be to appeal this issue
to the City Council.
Commissioner Leon commented that the list of conditions he is considering and may
propose may have to be fine-tuned in a discussion with California Water Service. He
felt that California Water Service may want to think about these conditions and have the
opportunity to propose better conditions that take into account their operating mode and
that are equally as beneficial to the neighbors.
Commissioner Emenhiser noted that Mr. Kang has stated that there are decisions he
cannot make, and would have to discuss with the District Manager. Additionally, he did
not think it was fair to force the neighbors to have to come back to a meeting in a month
or so and restate the same issues and go through the same process. That is why he
was suggesting, with some modifications to the staff recommendations, this can move
on.
Commissioner James stated this is a very complex application, and he did not think the
Planning Commission should be trying to tell California Water Service how to do their
business. He stated he was very mindful of the neighbors' concerns in regards to
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November 10, 2015
Page 11
having to look at this industrial site, and noted that he did not move to this City to be
fighting this type of battle, but rather moved here to be away from this type of battle, and
that's why many residents move to this City.
Commissioner Emenhiser felt that battle was lost back in the 1960s when this site was
first approved by the County and built in this location. It was also lost later on when this
site and use was approved under a Conditional Use Permit. He reminded the
Commission they were simply being asked to approve a diesel tank at the site. He felt
the wider concerns of the neighbors, which he felt are legitimate, would best be served
by taking the discussion to the City Council. He added that, while the neighbors'
concerns may be legitimate, he did not think the City Council would be able to put Cal
Water out of business.
Commissioner Cruikshank recalled that in other items before the Commission, the
Commission has asked staff to help craft conditions of approval that would help address
concerns of residents and neighbors. These conditions are then brought back at a
subsequent meeting to allow the Commission and the residents an opportunity to review
and discuss these conditions. He felt this may be the direction he would like to see this
item go. He commented that Cal Water may not have been the best neighbor, possibly
because they're busy and they forget there is a world around them. Now that this item
is before the Commission there may be an opportunity to make some things better for
the residents and to help Cal Water have better operations. He felt that if Cal Water
states this diesel tank will help in their operations, that he had no reason to doubt that.
However, that does not mean that they can do everything they want, and the
Commission has the opportunity to put some restrictions and conditions on the
approval. He suggested putting some sort of limitation on the hours that trucks and
equipment can fuel up at the site. He stated that he trusts staff to craft conditions in a
manner that addresses many of the concerns, and bring those conditions back to the
Commission for review.
Vice Chairman Tomblin stated he was in favor of continuing this public hearing to
discuss suggested conditions of approval.
Commissioner James suggested Commissioner Emenhiser withdraw his motion and
that a new motion be suggested for a continuance of this item.
Commissioner Emenhiser agreed, and withdrew his motion.
Chairman Nelson stated the Commission now has to give Cal Water some type of
guidance on what they have to think about in terms of conditions of approval at the site.
Chairman Nelson re-opened the public hearing to have Mr. Kang return to the podium.
Chairman Nelson asked Mr. Kang, if given a series of thinking points, could he discuss
these with his staff and District Manager, and come back to the Commission in a month
or two to discuss these issues.
Planning Commission Minutes
November 10,2015
Page 12
Mr. Kang felt that a month was sufficient.
Chairman Nelson closed the public hearing.
Commissioner James moved to continue the public hearing to December 8, 2015,
seconded by Commissioner Emenhiser.
Commissioner Emenhiser encouraged Cal Water to think about the hours of operation,
the future of the gasoline tanks, what will happen if Torrance does not approve the
diesel tank at their site, and to work harder to be a better neighbor and have more open
discussions with the neighbors.
Vice Chairman Tomblin stated he would like to see a condition of approval that the
operations at this site not be expanded.
Commissioner Leon felt there should be a limit on the normal hours of operation, with
some type of exception for emergencies. He suggested a cap on the number of
employees at the site, including contractors, as well as the number of vehicles. He felt
the site should be made to look like a site in residential Rancho Palos Verdes, rather
than an industrial site. He felt there should be better outreach, and possibly a complaint
line phone number to reach someone at the site. He also felt that phasing out the gas
tank would be beneficial.
Chairman Nelson asked that Cal Water provide a very firm explanation as to where they
are going with the gas and where they are going with the diesel fuel in the future.
Commissioner Cruikshank felt the vegetation and appearance of the property should be
addressed, as well as hours of operation. He also did not want the Rancho Palos
Verdes site to be a place where all trucks and equipment for Cal Water come to get
their diesel fuel. He liked the idea of a contact person and phone number posted at the
site.
Commissioner James noted that there is a concern of expansion at the site, and there
should be better communication with the neighbors as to what will happen at the site.
He agreed that the appearance of the site is a concern, especially given this is in a
residential community.
Commissioner Leon suggested a periodic review of the compliance of the conditions of
approval, which will give the neighbors a voice in what is happening at the site.
Chairman Nelson re-opened the public hearing to ask Mr. Kang a question.
Chairman Nelson asked Mr. Kang what he was looking for from the Commission in
terms of conditions of approval.
Planning Commission Minutes
November 10,2015
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Mr. Kang acknowledged that valid points have been raised. He stated they do try to be
cognizant of the noise on the property, unfortunately the vehicles used at the site are
subject to the back-up alarms because of OSHA regulations. He stated that in an
emergency Cal Water needs the fuel to keep the water flowing on the Peninsula.
Chairman Nelson suggested a set of conditions for normal operations and a set of
conditions for emergency operations, and asked if that would be something that may be
acceptable to Cal Water.
Mr. Kang felt that Cal Water currently has a protocol for normal operations and
emergency operations. He explained nothing is scheduled to take place at night, and
any activity on the property at night is due to a water emergency. He added that during
the colder months there are more breaks because of wind, temperature changes, and
other factors, and there may be leaks occurring day after day for weeks on end.
Chairman Nelson closed the public hearing.
Chairman Nelson asked staff to read the motion that is on the table.
Director Rojas stated the motion on the table is to continue the public hearing to the
December 8, 2015 meeting to allow the applicant to address a number of specific
concerns raised by residents and the Commissioners.
The motion was approved, (6-0).
4. Height Variation and Site Plan Review (Case No. ZON2015-00268): 4014
Dauntless Drive
Commissioner Emenhiser moved staffs recommendation to receive and file the
status report of the withdrawal of the application, seconded by Vice Chairman
Tomblin. Approved without objection.
NEW BUSINESS
5. Cancellation of the November 24, 2015 and the December 22, 2015 Planning
Commission meetings
Commissioner Emenhiser moved to cancel the November 24 and December 22,
2015 Planning Commission meetings, seconded by Vice Chairman Tomblin.
Approved without objection.
ITEMS TO BE PLACED ON FUTURE AGENDAS
6. Pre-Agenda for the meeting on December 8, 2015
Planning Commission Minutes
November 10,2015
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Commissioner Emenhiser expressed his appreciation to staff that the General Plan is
on the upcoming agenda.
The pre-agenda was reviewed and approved without objection.
ADJOURNMENT
The meeting was adjourned at 9:32 p.m., in honor of the veterans and in honor of the
Marine Corps on their 240th birthday.
Planning Commission Minutes
November 10,2015
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