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PC MINS 20171114 ADJ Approved 1 2/1 2/1 741_s CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES ADJOURNED REGULAR MEETING NOVEMBER 14, 2017 CALL TO ORDER The meeting was called to order by Vice Chairman James at 7:06 P.M. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Commissioner Emenhiser led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Emenhiser, Leon, Nelson, Tomblin, and Vice Chairman James Absent: Commissioner Bradley Also present were Community Development Director Mihranian, Associate Planner Seeraty, Associate Planner Silva, Code Enforcement Officer Julie Peterson and Assistant City Attorney Gerli. APPROVAL OF AGENDA The agenda was approved as presented. COMMUNICATIONS City Council Items: Director Mihranian reported that at the November 8th meeting, the City Council adopted an urgency ordinance prohibiting the commercial operation of marijuana activities throughout the City; and adopted an urgency ordinance and initiated the code amendment proceedings to amend the Municipal Code's definition of a Short-Term Rental to include renting for commercial purposes. Staff: Director Mihranian reported that late correspondence was handed out; that Chairman Cruikshank has resigned from the Planning Commission since being elected to the City Council; that there are four Commission seats set to expire in December or until the Council appoints new Commissioners; and, that the City Council will conduct a Special Meeting on November 30th at 4:00 p.m. to consider the appeals of the Planning Commission's five denials of Wireless Telecommunication Facility permits. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): None CONSENT CALENDAR 1. APPROVAL OF THE SEPTEMBER 28, 2017 MINUTES Continued to the November 28, 2017 meeting due to a lack of a voting quorum. 2. MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 48: Mossbank Drive West of Basswood Ave. (AB) Vice Chairman James stated this item was previously heard at the October 24th meeting and the Commission voted to deny the application and directed Staff to come back with a denial resolution. Commissioner Leon moved, seconded by Commissioner Emenhiser, to adopt P.C. Resolution No. 2017-39 denying, without prejudice, Major Wireless Telecommunication Facility Permit ASG No. 48, on a vote of 5-0. CONTINUED PUBLIC HEARINGS 3. MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 44: 28651 Meadowmist Drive (AB) Director Mihranian presented a brief overview of the proposed project including its original and proposed locations, and reported that the Applicant is requesting, and Staff is recommending, to continue the item to January 23, 2018 to allow additional time to explore alternatives. Vice Chairman James opened the public hearing. Scott Longhurst representing Crown Castle addressed the Commission stating the continuance is being requested to allow additional time to explore alternative locations and designs. Jeff Calvagna spoke in opposition of the wireless facility's location and the number of continuation requests that have been made by Crown Castle that is frustrating the public. Vice Chairman James closed the public hearing. Planning Commission Minutes November 14,2017 Page 2 Commissioner Leon moved, seconded by Commissioner Nelson, to continue the public hearing to the January 23, 2018 meeting to allow the Applicant additional time to explore an alternative location on an existing streetlight pole on Armaga Spring Road 100' east of Meadowmist Drive, on a vote of 5-0. CONTINUED BUSINESS None NEW PUBLIC HEARINGS 4. VARIANCE AND MAJOR GRADING PERMIT (CASE NO. ZON2017-00163): 3557 Starline Drive (AS) Associate Planner Seeraty presented the Staff Report providing a brief overview of the proposed project. She stated that the request to construct a new retaining wall that exceeds the height criteria for a retaining wall is to support an existing deteriorating retaining wall. She stated that the required findings for a variance and grading permit can be made as indicated in the Staff Report. The Planning Commission asked Staff questions regarding the project as it relates to the height of the retaining wall, geologic condition of the site, and the required findings. Vice Chairman James opened the public hearing. Jinesh Naran, property owner, addressed the Commission and answered questions from the Commissioners regarding the reason for the request. He reported that he purchased the property recently and then discovered that the existing retaining wall needed to be repaired. Vice Chairman James closed the public hearing. Vice Chairman James and Commissioner Leon stated they had visited the site. Commissioner Leon moved, seconded by Commissioner Nelson, to adopt P.C. Resolution No. 2017-40; conditionally approving a Grading Permit and Variance to construct a new 14.37' tall combination wall to be set back 1.5' from an existing deteriorating 13' tall combination wall along the rear yard slope with 11 soldier piles and 125 cubic yards of associated grading with a condition that requires a drainage review prior to building permit issuance, on a vote of 5-0. 5. CONDITIONAL USE PERMIT, VARIANCE, GRADING PERMIT, MASTER SIGN PROGRAM (CASE NO. ZON2017-00030): 28300 S. Western Ave. Chase Bank. (AS) Planning Commission Minutes November 14,2017 Page 3 Associate Planner Seeraty presented the Staff Report with a corresponding power point presentation. She stated that Staff is recommending that the public hearing be continued to the November 28th meeting to allow Staff time to issue a revised public notice that includes a variance to exceed the 50% lot coverage requirement for CG zoning district. There were no speakers for this item. Commissioner Nelson moved, seconded by Commissioner Tomblin, to continue the public hearing to the November 28, 2017 meeting to allow Staff time to issue a revised public notice that includes a Variance application, on a vote of 5-0. 6. VARIANCE AND SITE PLAN REVIEW (CASE NO. ZON2017- 00362): 30645 Ganado (OS) Associate Planner Silva presented the Staff Report with a corresponding power point presentation. He described the property owners' request to grant a variance to allow after- the-fact decks over three rear yard drainage swales. His presentation included background information. Director Mihranian stated Code Enforcement Officer Peterson was present and available to answer questions the Commission may have. Vice Chairman James opened the public hearing. Daniel Ross Malin and Charity Malin, property owners, addressed the Commission and gave an explanation with a power point presentation of their interpretation of the conversations and information provided by Code Enforcement Officer Petersons during a site visit on February 14, 2017. Their request is based on what they believe is a Staff error. Patrick Ford granted his time to Maureen Ford. Maureen Ford spoke in opposition of the request to grant a variance to allow the after-the- fact decks and how it would impact the neighborhood and surrounding properties. Jeff Stacey spoke in opposition of the variance request expressing concerns the decks may have to the slope below his property. Julie Peterson, Code Enforcement Officer, addressed the Commission's questions and provided a brief timeline of her various site visits to the property and conversations with the property owner and their contractor on February 14, 2017. Commissioner Tomblin asked Staff questions regarding the decks and the Code requirements. He asked what permits would be required and why decks are not permitted on extreme slopes. Commissioner Emenhiser asked Staff to describe why construction should not occur over a drainage swale. Planning Commission Minutes November 14, 2017 Page 4 Director Mihranian explained the City's Code requirements regarding drainage swales and the City's public outreach regarding the maintenance of drainage swales during the rainy season. Discussion ensued between the property owner, their contractor, and the Commission regarding the background, the site and the decks, and their familiarity with the City's Codes and whether the property owner or their contractor contacted the City's Planning Division prior to commencing construction. Vice Chairman James closed the public hearing. Discussion ensued amongst Staff and the Commission on the process, the decks, and the events that occurred. Vice Chairman James moved, seconded by Commission Emenhiser, to deny, without prejudice, the entire Variance and Site Plan Review application with a finding that a significant Staff error did not occur to allow the construction of decks with planter boxes over the lower, mid, and upper-slope drainage swales on the rear upslope and directed Staff to prepare a Resolution reflecting the Planning Commission's Decision to be brought back to the November 28, 2017 meeting, on a vote of 4-1 with Commissioner Nelson dissenting. NEW BUSINESS None ITEMS TO BE PLACED ON FUTURE AGENDAS 7. PRE-AGENDA FOR THE MEETING ON NOVEMBER 28, 2017 Accepted as presented with modifications to the consent calendar, adding the September 28th minutes. 8. PRE-AGENDA FOR THE MEETING ON DECEMBER 12, 2017 Accepted as presented. The meeting was adjourned at 8:52 p.m. For the complete video archive of this Planning Commission meeting go to: http://rpv.granicus.com/MediaPlayer.php?view id=5&clip id=2931 click on the agenda item number on the video. Planning Commission Minutes November 14,2017 Page 5