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PC MINS 20170314 Approved 3/28/2017f(06' CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING MARCH 14, 2017 CALL TO ORDER The meeting was called to order by Chairman Tomblin at 7:08 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Commissioner Leon led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank, and Chairman Tomblin. Absent: None Also present were Community Development Director Mihranian, Associate Planner Silva, Assistant Planner Anaya, and Assistant City Attorney Burrows. APPROVAL OF AGENDA The agenda was unanimously approved as presented. COMMUNICATIONS Director Mihranian reported to the Commission that the City and the Vista Verde Condominium Association continue to discuss negotiating a Settlement Agreement. He also reported that the City Council, as part of their consideration to adopt a citywide noise ordinance, will consider noise impacts associated with barking dogs at their March 21st meeting. Director Mihranian noted late correspondence had been distributed for Agenda Item No. 3. Vice Chairman Cruikshank reported that he visited the Ride-To-Fly property and attended the recent IMAC meeting. Commissioner Emenhiser stated he attended the CHOA Expo on February 15th Commissioner Nelson reported he attended the City hosted meeting on Homeowner's Associations surveillance cameras. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): Noel Weiss thanked the Commission for their past diligence and thoroughness in regards to Green Hills matters. He felt the City Council acted unlawfully when they took away from the Commission the compliance review. He gave a brief overview of where the discussions currently stand between the City and the Vista Verde HOA in regards to a Settlement Agreement. Sharon Loveys stated she filed her appeal of Inspiration Slope over five months ago, and she felt it was being stalled by the Green Hills staff. She hoped that Green Hills provides the requested information for the March 28th meeting and hoped the Planning Commission will hold Green Hills accountable. CONSENT CALENDAR 1. Approval of the February 28, 2017 Minutes Vice Chairman Cruikshank moved to approve the minutes as presented, seconded by Commissioner Nelson. Approved, (6-0) with Commissioner James abstaining since he was absent from that meeting. NEW PUBLIC HEARINGS 2. Conditional Large Domestic Animal Permit No. 2 — Time extension and revision (Case No. ZON2016-00465): Ride-To-Fly / 50 Narcissa Drive Assistant Planner Anaya presented the staff report, giving a brief background of the site and the Ride-To-Fly program. He explained the applicant's request to extend the Permit for an additional five years and to revise the Permit to extend the existing operating hours in the morning from 10am to 9am. He stated that that to ensure the requested modification does not adversely affect the surrounding neighborhood, staff added condition No. 14 to require a six-month review to determine if any conditions of approval need to be added, deleted, or modified. He stated that Staff is recommending that the Planning Commission adopt the Resolution, thereby recommending that the City Council approve the requested revision to the Conditional Large Domestic Animal Permit, thereby extending the permit an additional five years and extending the operating hours during the week from 10am to 9am. Commissioner James questioned if a six-month review is necessary, as there have never been any problems or complaints regarding the Ride-To-Fly program. Director Mihranian answered that the suggested condition of approval is at the Commission's discretion. He added that the condition was added because in the past there have been some neighborhood concerns, and because the request includes Planning Commission Minutes March 14, 2017 Page 2 expanding the operating hours in the morning, Staff wanted to ensure the modified hours did not have an adverse effect on the neighbors. Commissioner Bradley asked Staff if the Commission could only recommend an extension of five years, of if the extension of the permit could be for a different amount of time. Director Mihranian answered that the Commission can recommend any amount of time for the permit extension. He felt a five-year extension was good because it gives Staff the opportunity to address any issues and it gives the applicant an opportunity to make any changes to their application. Commissioner Bradley understood, but noted that if there are problems at the site they can be addressed by Staff at the time, and the applicant can apply for changes to the Permit at any time. Commissioner Leon disclosed that he did a poll of the Board of Directors of the Portuguese Bend Community Association with regards to the Ride-To-Fly request. He stated that they were all very supportive of the program and applauded the good work they are doing. He also stated he felt these reviews are somewhat burdensome to Ride- To-Fly, and asked Staff if these reviews could be triggered by complaints as opposed to being triggered by years. Director Mihranian agreed that was an option, but cautioned going down that path of complaint-based reviews. He explained that if the condition is written in that way it could then be possible for one person who has concerns with the operation to make several complaints in a certain period of time. He explained that currently anyone can lodge a complaint with the City regarding the operation, at which time Staff would investigate and see how the complaint relates to the Conditions of Approval, and try to work with the applicant to resolve the issue. He felt these compliance reviews, no matter how often they are held, affords the opportunity to relook at the conditions and the site and to make sure the program is operating properly. Vice Chairman Cruikshank asked Staff what some of the previous complaints have been in the past. Director Mihranian recalled complaints and problems with parking, traffic, hours of operations, and some noise impacts. Chairman Tomblin opened the public hearing. Gail Grove (Applicant) stated that, in regards to the parking, they are working on alternate parking areas. They have secured one area and are currently working on another. She noted that the third Saturday of the month is really the only time there is a problem with parking, explaining that is the day orientation takes place at the site. She stated she was available to answer any questions. Planning Commission Minutes March 14, 2017 Page 3 Commissioner Leon asked Ms. Grove what she would like to have on site in terms of parking. Ms. Grove responded that she has been working with Staff regarding parking on site. However, Staff felt that some trees would have to be removed in order to accommodate the parking, and she did not feel the HOA would be happy with that. Director Mihranian added that Staff has been working closely with Ms. Grove to try to accommodate their request for additional parking, however Staff determined the additional parking that Ride-To-Fly would like to have wouldn't fit in the current configuration and modifications would have to be made to the site to meet the Development Code standards for parking. Commissioner Leon noted that the extra parking was only needed for short, specific times, and questioned if pasture areas could be used for this limited parking. He noted Las Candalistas does exactly that when they hold their annual event. Director Mihranian agreed, but noted Las Canadalistas applies for a Special Use Permit where there are conditions for the particular special event. This is more of an on-going operation and Staff is working with the applicant to come up with an alternative plan where they don't have to apply for a parking lot permit from the Planning Division. He explained that Staff and the applicant are trying to identify other properties in the area that could be used for this parking and they can enter into an agreement with that property owner and the City would not have to get involved. Commissioner Emenhiser congratulated Ms. Grove and her staff on the work they do at Ride-To-Fly. Chairman Tomblin closed the public hearing. Commissioner Leon moved staff's recommendation, seconded by Commissioner Emenhiser. Commissioner Emenhiser moved to amend the motion to recommend a seven year extension rather than a five year extension. The amendment was accepted by Commissioner Leon. Commissioner James moved to amend the motion to delete Condition No. 14 regarding the six-month review. The amendment was accepted by Commissioner Leon and Commissioner Emenhiser. The motion to approve Staff's recommendation as modified to delete condition No. 14 and to extend the permit for an additional seven years rather than five years, was approved (7-0), thereby adopting P.C. Resolution 2017-10. Planning Commission Minutes March 14, 2017 Page 4 NEW BUSINESS 3. General Plan Annual Status Report Associate Planner Silva presented the staff report, explaining this is the annual status report on the City's progress and actions on the implementation of the General Plan and this report is separate from the City's ongoing efforts to complete an update to the General Plan. He explained that each year the State requires the City to provide an annual report on the City's status and the progress on its implementation of the General Plan. The State requires the report be reviewed by the Planning Commission as well as the City Council before being forwarded to the State for filing. He stated that Staff believes the goals and policies of the City's General Plan continue to be implemented through the recent developments and actions taken by the City, while ensuring the needs and best interests of the community members continue to be met. Therefore, Staff was recommending the Planning Commission direct Staff, via Minute Order, to forward the City's 2016 General Plan Annual Status Report to the City Council for review at its Match 21, 2017 meeting. Commissioner Emenhiser asked Staff what would happen if the Commission votes against this plan. Director Mihranian replied that Staff would forward that recommendation to the City Council for their consideration. He stated Staff would recommend to the City Council that they authorize Staff to submit the annual status report to the State. He explained that this report is a status report mandated by the State on the implementation of the City's current General Plan. He stated there is currently a General Plan in place and those goals and policies are currently being implemented by the City. This report is what the City is doing during in 2016 to implement its current General Plan and is not related to the update to the General Plan. Commissioner Emenhiser understood, and understood his vote would be largely symbolic, but felt the two were related. Commissioner James asked if the City Council has ever not approved one of these General Plan Updates or if the State has ever wanted something different from the City. Director Mihranian answered that the City Council has made changes and clarifications to the document, however they have never given the directive not to file the annual report. Commissioner Leon asked Staff if the State has ever complained that our General Plan has not been updated. Director Mihranian answered that, to his knowledge, they have not. Commissioner Nelson read from a document from the Governor's office of Planning and Research dated 2015, notifying the City their General Plan had not been updated. He also read from a 2016 City Council document stating that in 2016 the City Attorney Planning Commission Minutes March 14, 2017 Page 5 completed their preliminary review and additional work was needed to make the document legally defensible. He also noted the City Attorney's comments that the General Plan should be ready in six months, which was February 2016. He asked Assistant City Attorney Burrows if her office was currently looking at the draft General Plan or if it was still with the Environmental Consultants. Assistant City Attorney Burrows answered that the Environmental Consultants are preparing studies for the General Plan. Commissioner Nelson stated he distributed to the Commissioners a document in which he expresses his concerns about the length of the General Plan, what is required to be in the General Plan. He stated he is going to forward this correspondence to all of the City Council members, as they have the right to know what the State is requiring of the City and they need to be reminded where the City was in 2015 from the Governor's office, and that they have the right to know that in February 2017 this was to be complete. Commissioner James agreed with Commissioners Emenhiser and Nelson, however what is before the Commission has nothing to do with that. This is a separate requirement by the State. The only issue before the Commission is the implementation and whether this report adequately does that. Vice Chairman Cruikshank asked Staff if the State mandates any type of format for this report. Assistant City Attorney Burrows responded that there is no State mandated format for a General Plan Annual Review, and the only Guideline she is aware of is that a letter is insufficient. Chairman Tomblin noted there have been discussions and actions taken regarding motorcycle noise, and did not see this discussion in the document. Director Mihranian agreed that in 2016 the City took the initiative to address motorcycle noise along the Palos Verdes Drive East Switchbacks and if this is something the Commission would like to include it can be added as a bullet point in the Noise Element section of the document. Commissioner Leon understood the State's requirement for the document, but felt the City should be minimally compliant with the document and not spend too much time and effort in its preparation. Commissioner Bradley moved to approve the report with the one addition regarding motorcycle noise in the Noise Element, and to forward the annual status report to the City Council, seconded by Commissioner Leon. Approved (6-1) with Commissioner Emenhiser dissenting. Planning Commission Minutes March 14,2017 Page 6 Commissioner Emenhiser commented that he was voting against this motion in the hope that the lone nay vote may cause the City Manager, the City Council, and Staff to get serious about completing the update to the General Plan before this item comes before the Planning Commission again next year. 4. Housing Element Annual Update Associate Planner Silva presented the staff report, explaining this is a separate annual report regarding the status of the Housing Element and the progress on its implementation during the 2016 calendar year. He gave a brief background on the Housing Element and what a Housing Element should do. He explained how the City has strived to meet the requirements of the Housing Element over the past year, as detailed in the staff report. He stated that Staff feels the goals and policies of the City's Housing Element have been implemented by the actions taken by the City and Staff and was recommending the Planning Commission direct Staff, via Minute Order, to forward the City's Housing Element Annual Report to the City Council for review. Commissioner Leon noted that in the staff report it states the City is providing these low income houses. He asked if that is an accurate way to portray this, questioning if the City is actually subsidizing these homes. He asked Staff to clarify. Director Mihranian stated that in certain circumstances the City has provided these affordable housing units by buying some units and putting them for sale as affordable units. Additionally, as part of certain development projects, the developer had to set aside a certain number of units for affordable housing. Commissioner Nelson referred to Table C in the staff report and the statement that in 2017 the City will amend the Zoning Ordinance to permit employee housing for at least six or fewer employees in the Single Family Residential District, by right. He asked Staff to explain why the City would provide housing to City employees. Director Mihranian clarified that it is not City employees, but rather it is employee housing that would accommodate employees of any organization or business located in the City. Vice Chairman Cruikshank commented that at the recent League of Planning Commissioners Academy there was quite a bit of discussion regarding these different laws that will be coming into effect. He felt there were many things that Planning Commissioners could reference as an update on what is happening in Sacramento. He felt there were many things coming up that Planning Commissioners should be ready for and to be proactive on to help Staff and the City Council do their jobs. He felt it would be helpful to have a Staff presentation on what Staff knows about this and suggested someone from the League of Cities might come and give the Commission a presentation. Commissioner Nelson moved to accept Staff's recommendation and forward the recommendation, via Minute Order, to the City Council, seconded by Commissioner Bradley. Approved, (7-0). Planning Commission Minutes March 14, 2017 Page 7 ITEMS TO BE PLACED ON FUTURE AGENDAS 5. Pre-Agenda for the meeting on March 28, 2017 Director Mihranian gave a brief update on item No. 2, the View Preservation item on the Pre-Agenda, noting that Staff was recently informed that both parties are going to request a continuance of this item in order to come to a final resolution on one remaining tree. Director Mihranian noted the applicant, Green Hills, for agenda item No. 3 may request a continuance, however given what the Commission discussed earlier in the evening, that message will be conveyed to the applicant. He noted that when there is a request for a continuance, the Commission does not necessarily have to continue the item and can take public testimony and take action on the item. Commissioner Nelson stated he is very frustrated with the View Preservation item, and was ready to tell the applicant what tree should be removed. As discussed earlier, Vice Chairman Cruikshank stated there are a number of State housing mandates coming up that will affect the City from a Planning Commission's perspective. He suggested having a representative from the League of Cities give the Commission a presentation. Vice Chairman Cruikshank suggested a status report on the Western Avenue Vision Plan. Director Mihranian pointed out how to access this information on the City's website. He noted that to his knowledge there has been no activity on the Vision Plan since 2015. Vice Chairman Cruikshank stated it would be nice for the Planning Commission to understand more about the City's infrastructure priority list before it comes before the Planning Commission so that the Commission can do a bit more research and investigation prior to this item coming to the Commission. Commissioner Emenhiser was very supportive of the Vice Chairman's suggestions. In regards to the Western Avenue Vision Plan, Commissioner Leon noted that most of these come to the Commission as individual projects. He asked, because the Strategic Plan has been approved by the City Council, is the Commission going to be required to make findings that are consistent with the Strategic Plan. Director Mihranian answered that when a request comes before the Commission to amend the Zoning Code or the Zoning Map, the Commission does need to make certain findings. Just because a project may be stated a Strategic Plan that does not necessarily mean it warrants a Land Use Map, Zoning Map, or General Plan amendment. Planning Commission Minutes March 14, 2017 Page 8 Assistant City Attorney Burrows suggested that if there are questions about the Western Avenue Specific Plan, it can be agendized to a future meeting. Commissioner Leon asked Staff if a closed session might be needed to update the Commission on what is happening with the Green Hills item. Assistant City Attorney Burrows answered that she will discuss this with the City Attorney, as he will want to be at the closed session meeting. Director Mihranian clarified that the Commission was requesting an update on State housing mandates, which he will agendize for an upcoming meeting. He asked if the Commission wants to have an update on the Western Avenue Strategic Plan agendized for a future meeting. The Commission agreed they would like to have both items scheduled at a future meeting. In regards to the infrastructure, Director Mihranian noted that when this item comes before the Commission it is tied into the Capital Improvement Plan. The Commission's role in the Public Works Infrastructure Improvement is to find that the projects that are being considered by Public Works are consistent with the General Plan. He stated he will talk to the Public Works Director to find out what can be done to address the Commission's request and report back to the Commission. Commissioner Emenhiser noted that at past meetings when this item was before the Commission there was no Public Works Staff member in attendance to answer any of the Commission's questions. He felt that having a Public Works Staff member in attendance at that meeting would be very helpful. Commissioner Bradley asked that there be a brief General Plan status update agendized for every Commission meeting just to keep the Commission informed on what is happening. Director Mihranian stated that can be done under Staff's oral presentations. ADJOURNMENT The meeting was adjourned at 9:11 p.m. Planning Commission Minutes March 14, 2017 Page 9