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PC MINS 20160913 Approved 9/27/16 ! . 1 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING SEPTEMBER 13, 2016 CALL TO ORDER The meeting was called to order by Chairman Tomblin at 7:03 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Commissioner Nelson led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Bradley, Emenhiser, James, Nelson, Vice Chairman Cruikshank, and Chairman Tomblin. Absent: Commissioner Leon was excused. Also present were Community Development Director Mihranian, Associate Planner Silva, Associate Planner Seeraty, and Assistant City Attorney Burrows. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Director Mihranian reported that based on approvals issued by the City Council and the Coastal Commission over the past year, Terranea will commence on site upgrades including a major renovation to the Catalina Kitchen, repairs to the Coastal Trail, and repaving the entry driveway. He also reported that at their September 6, 2016 meeting, the City Council initiated the code amendment proceedings pertaining to the Director's review of minor modifications. Lastly, he reported that the Commission's preferred option addressing short-term rentals will be presented to the City council at its September 20th meeting. Director Mihranian distributed late correspondence for agenda item No. 3. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): Noel Weiss felt there is a lawless situation continuing at Green Hills and a zoning code that is being ignored. He discussed his request for an interpretation review, which would have come before the Planning Commission, and how it has been rejected, and the resulting law suit he may not have to file. He renewed his request that Green Hills be made a regular item on the Planning Commission's agenda, even if it is just a small report. Sharon Loveys showed a photo of a wall with a hole in it, and said it needs to be fixed. She also showed a photo of a wrought iron fence that has been erected, and felt that Green Hills was trying to block her access to the property. CONSENT CALENDAR 1. Approval of minutes —August 23, 2016 Vice Chairman Cruikshank moved to approve the minutes as presented, seconded by Commissioner Nelson. Approved, (5-0-1) with Commissioner Bradley abstaining since he was absent from that meeting. NEW PUBLIC HEARINGS 2. Height Variation and Site Plan Review (Case No. ZON2016-00139): 4923 Browndeer Lane Associate Planner Silva presented the staff report, giving a brief description of the proposed project and the need for the Height Variation. He stated staff was able to make the required neighborhood compatibility findings, and was recommending the Commission approve the project as conditioned in the staff report. Commissioners Nelson, James, Vice Chairman Cruikshank, and Chairman Tomblin stated they had visited the project site. Commissioners Emenhiser and Bradley did not visit the site. Chairman Tomblin opened the public hearing. Fred Boettcher (applicant) noted the sliding glass door on the second floor opens up to a Juliette balcony. He stated that he was available for any questions. Chairman Tomblin closed the public hearing. Planning Commission Minutes September 13, 2016 Page 2 Commissioner Emenhiser moved to approve the project as recommended and conditioned by staff, seconded by Commissioner Nelson. The motion was approved and PC Resolution 2016-11 was adopted (6-0). NEW BUSINESS 3. Conditional Use Permit No. 172 — Revision "C" (Case No. ZON2015-00230): 5837 Crest Road Associate Planner Seeraty presented the staff report on the status update for the project. She stated that over the past nine months, since the last Planning Commission meeting, staff has met several times with Cal Water staff and neighbors to discuss the neighbors' concerns. She noted the measures that Cal Water has implemented thus far at the site to attempt to address the concerns, especially those concerning landscaping and dust control. She showed several photos taken at the site. She displayed a draft timeline for the review, noting a tentatively planned public hearing before the Planning Commission in January 2017. Joe DeVenuto (5822 Scotwood Drive) stated he is the HOA president and is presenting the homeowners in the association as well as himself. He felt great progress has been made with Cal Water in terms of operation changes. However, he felt there were still concerns with the dropping and removing of spoils at the site. He stated the pit has been expanded, and while they have moved some of the spoils down to the Torrance site, it was his contention that the existing CUP does not allow for this type of activity. He therefore requested that activity be terminated. He also requested that the storage of infrastructure materials such as sand, gravel, and asphalt, be limited to that needed for emergency purposes only, as opposed to infrastructure material that is being used for the infrastructure upgrade that is taking place on the Peninsula. He felt the landscaping has improved, but is still not completed. Finally, he requested the additional diesel tanks that are being requested be denied. Chairman Tomblin asked staff to clarify the CUP reference made by Mr. DeVenuto in regards to the spoils at the site. Director Mihranian responded that, in terms of the spoils, the CUP is silent on the issue. Therefore, staff will be addressing the issue and bringing it before the Commission at a future meeting to determine if they want to continue allowing that use to occur on the site, or to add conditions as part of that use. David Hanna (5840 Scotwood Drive) stated that most of the pictures displayed by staff were taken from his property. He referred to the photo showing the recently added tarp covering the materials in the storage bins. He stated that the tarps are not sealed and waste products continue to affect his property daily. He stated that, because the dust from the site is so significant on his property, his pool has to be drained and is not useable. He suggested Cal Water put some type of cover over the area rather than the tarps. He stated that he has requested trees be put in the area to minimize the dust, but Cal Water has refused. He did not feel any landscaping has been done at the site and the site is Planning Commission Minutes September 13, 2016 Page 3 very noisy at night. He did not feel anything on the Scotwood side of the property has been done. Commissioner Nelson asked Mr. Hanna when he bought his home. Mr. Hanna answered that he bought his home last year. Commissioner Nelson asked Mr. Hanna if he bought his home knowing fully that Cal Water would be his neighbor. Mr. Hanna responded that he did not know Cal Water was right next door when he bought his home. Vice Chairman Cruikshank asked Mr. Hanna if he has been attending the community meetings with Cal Water. Mr. Hanna answered that his wife has been attending the meetings. Helen Li (29705 Stonecrest) stated her rear yard backs up to Cal Water and the berm. She showed three videos taken from her yard of the work taking place at Cal Water. She appreciated the effort Cal Water is making, however there are still many problems. She noted the lack of landscaping, the problems with dust control and dust on her property. She also felt that her high blood pressure and need for medication is directly related to the stress caused by the Cal Water activities. Kelly Sims (29651 Stonecrest Road) felt this is a huge quality of life issue, and questioned if any of the Commissioners have visited the facility. He felt the pictures do not show a good representation of the problems, and invited the Commissioners to his property to see the issues. Although Cal Water has done a very minor amount of landscaping, he did not feel it was anywhere near adequate. He felt these problems are a quality of life issues that need to be addressed. He stated that while the amount of work at the site has slowed down considerable, he did not understand how, if it has been determined that Cal Water is operating outside of its scope of the CUP, the City is allowing them to continue. He questioned why it is taking so long for the City and Cal Water to come up with a resolution. He also questioned why it is taking so long for the City to determine what Cal Water is allowed to do under their current CUP, and why Cal Water is allowed to be working on things not allowed under the CUP. Vice Chairman Cruikshank asked Mr. Sims to leave his contact information with the staff. Commissioner Bradley asked if the increase in activity at the site occurred at about the same time as the request for the new fuel tank. Mr. Sims understood that Cal Water put in a request with the City to have the new above ground fuel tank, and about that time is when activity started to increase at the site, as well as when vegetation was removed. Planning Commission Minutes September 13, 2016 Page 4 Director Mihranian added that at about the same time the application was filed with the City, there were some changes that occurred at the Cal Water property. There was dense vegetation along the border that was removed, which then exposed that portion of the property that was once screened to the neighbors. At the same time there were some operational changes that occurred at the facility, where more materials were being dropped off at the site. He stated the question becomes, what is the permitted operation at the site. Cal Water has made statements that they have been operating at this site as status quo, that being an office and maintenance facility, prior to the City's incorporation. He explained that it is not clear in the CUP what is allowed. Therefore, staff was not yet taking a firm position on what cannot be allowed at the site. Staff is trying to get documentation as to what was occurring at the time the City incorporated, and considering legitimizing the operation with conditions that address all of the concerns to bring before the Commission as part of the CUP Revision request. He explained that the reason this is taking time is that staff is trying to incorporate all of the issues and come up with solutions to address these concerns before coming back to the Commission. He stated this item was before the Commission this evening because a resident had concerns that the issues were not moving forward. Mr. Sims clarified that his concerns are with what are happening on the south side of the property, rather than the north side. Commissioner Bradley asked staff if something changed in regards to the usage of the site when Cal Water requested putting in the fuel storage tank. Director Mihranian explained that he felt infrastructure repairs on the Peninsula had increased, however there was also some operational changes at the site. Prior to the time the CUP Revision was filed, the degree of the materials brought onto the site weren't occurring as frequent as they currently are. Since then, there have been changes, and in the past year and a half there has been some improvement at the site. Commissioner Bradley asked if this is then a permanent site in the middle of a residential neighborhood. Director Mihranian felt staff still needs to evaluate and assess the situation before that determination is made. Chairman Tomblin asked staff what they anticipate they will be bringing before the Planning Commission in January. Director Mihranian answered that it is staff's goal to update the project description, and that project description will not only include the above ground diesel fuel storage tank, but anything else that is not captured in the CUP. Staff will analyze the information, ensure the environmental document analyzes the information, and will bring this item forward for the Commission to review and determine whether or not staff's assessment is aligned with what the Commission feels is appropriate for this site. Planning Commission Minutes September 13, 2016 Page 5 Chairman Tomblin asked if the CUP was issued prior to the City's incorporation. Director Mihranian replied the CUP was issued in 1992 and was to allow the expansion of the facility for storage. He read from the Resolution that was adopted by the Planning Commission in 1992, that the Resolution approves Conditional Use Permit No. 172 to legalize the existing use and to allow an expansion of the facility, and denying Variance No. 340 to allow a 4,000 square foot storage shed to be located along the western property line at 5837 Crest Road. He explained the question now is about legalizing the existing use, and what that existing use was, as it is not clear in the Resolution. Chairman Tomblin asked if there is a provision in the CUP for an annual review. Director Mihranian answered there is no such provision in the CUP. Commissioner Emenhiser moved to approve staff's recommendation to receive and file the report, and to bring this issue back to the Planning Commission at the January 24, 2017 meeting, seconded by Commissioner Nelson. Vice Chairman Cruikshank stated that he would not want to live next to a construction site, and did not want to see that activity going on unless there is some serious mitigation that occurs to make sure the neighbors are not living with this type of situation. Commissioner Nelson did not believe in business interruption, and did not feel it was the role of the Planning Commission to regulate how a business that has been in operation at the site since before the City's incorporation is operated. He stated he could not vote for business interruption. Commissioner Bradley felt the Commission needs to make sure that what is happening at the site is appropriate for a completely enclosed residential neighborhood. He did not think living next to a permanent construction zone was probably not what anybody has in mind when they're living in a residential neighborhood. He felt the Commission needs to make sure that Cal Water and their interests are using the site in accordance to what would be reasonable in a residential neighborhood. The motion was approved, (6-0). ITEMS TO BE PLACED ON FUTURE AGENDAS 4. Pre-agenda for the meeting on September 27, 2016 Director Mihranian updated the Commission in regards to item No. 2 on the pre-agenda, noting that the applicant will not have the plans prepared in time for this meeting and therefore staff's recommendation will be to continue the public hearing to a date uncertain. Planning Commission Minutes September 13, 2016 Page 6 Director Mihranian stated that, in light of the City Council's initiating a code amendment for the Director-level minor modifications, staff would like to bring a New Business item before the Commission at the September 27th meeting create a sub-committee to work with staff to come up with some language that will be brought back to the Commission at a public hearing. He stated he did not want to get into the merits of the item, but rather to select a sub-committee. Commissioner Emenhiser asked staff how this item was brought to the City Council for consideration. Director Mihranian explained that the Commission asked staff to bring this item forward to the City Council because there was some questions in regards to the Director's capacity to approve minor modifications of previously approved City Council and Planning Commission projects. Commissioner Emenhiser thought it would be helpful for the Commission to see the video of the City Council meeting when this subject was introduced at a public hearing. He felt the City Council's discussion on the subject was enlightening. Director Mihranian stated the City Council meeting is available on the City's website for review. Commissioner Nelson stated he would like the public to see the City Council debate on this subject, and insisted the video be shown at the public hearing when the item is heard. ADJOURNMENT The meeting was adjourned at 8:33 p.m. Planning Commission Minutes September 13, 2016 Page 7