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PC MINS 20171128 ADJ Approved 12/12/17 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES ADJOURNED REGULAR MEETING NOVEMBER 28, 2017 CALL TO ORDER The meeting was called to order by Vice Chairman James at 6:08 p.m.at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. PLEDGE OF ALLEGIANCE Commissioner Bradley led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Bradley, Leon, Nelson, Tomblin (arriving at 6:15 p.m.), and Vice Chairman James. Absent: Commissioner Emenhiser Also present were Community Development Director Mihranian, Deputy Director/Planning Manager Kim, Associate Planner Seeraty, Associate Planner Silva, and Assistant City Attorney Gerli. APPROVAL OF AGENDA The agenda was approved as presented. COMMUNICATIONS Director Mihranian reported that the City Council will conduct a special public meeting on Thursday, November 30th at 4 p.m. to consider 5 Wireless Telecommunication facility appeals of the Planning Commission's decision and noted that Vice-Chairman James will be attending the meeting on behalf of the Commission. Director Mihranian also reported that Monday, December 4th at 6 p.m. is the City's Council holiday party for Staff, the City's Commissioners and Committee members. Director Mihranian reported that late correspondence has been provided for Agenda Item Nos. 4, 9, 10, 11 and 12. He informed the Commission that Crown Castle has installed a mockup of the various pole prototypes adjacent to the entrance of the City Hall maintenance yard by the cable room and invited the Commission and pubic to view the mockup. Commissioner Nelson commented on the appeals being considered by the City Council on November 30th and Commissioner Bradley inquired on how long the mockup poles at City Hall will remain in place. COMMENTS FROM THE AUDIENCE (regarding non-agenda item): Mr. Calvagna spoke on the upcoming November 30th City Council appeal hearing and expressed concerns with the early meeting start time and Staff's recommendations. CONSENT CALENDAR 1. APPROVAL OF THE SEPTEMBER 28, 2017 P.C. MINUTES Approved, as presented, on a vote of 3-0-2 with Commissioners Bradley and Tomblin abstaining as they were absent from this meeting. 2. APPROVAL OF THE OCTOBER 10, 2017 P.C. MINUTES Approved, as presented, on a vote of 4-0-1 with Commissioner Tomblin abstaining as he was absent from this meeting. 3. APPROVAL OF THE OCTOBER 24, 2017 P.C. MINUTES Approved, as presented, on a vote of 5-0. 4. VARIANCE AND SITE PLAN REVIEW (CASE NO. ZON2017- 00362): 30645 Ganado/ Malin (OS) Vice Chairman James announced Agenda Item No. 4 is on the consent calendar but asked if there were any speakers. Director Mihranian informed the Commission that there were 3 public speakers in the audience who would only like to speak if the item was reopened for discussion by the Commission. Commissioner Leon commented on the item by stating that he would like to see a revised project, which meets Code requirements to be submitted to the City for consideration. Commissioners Nelson and Tomblin both agreed with Commissioner Leon's comment. COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER LEON, TO ADOPT P.C. RESOLUTION NO. 2017-41; DENYING, WITHOUT PREJUDICE, A VARIANCE AND SITE PLAN REVIEW APPLICATION FOR THE CONSTRUCTION OF TWO AFTER-THE-FACT UNPERMITTED DECKS LOCATED OVER THE LOWER AND MID-SLOPE DRAINAGE SWALES AND ONE NEW DECK OVER THE UPPER-SLOPE DRAINAGE SWALE ALONG WITH AT-GRADE STEPS AND PLANTERS ALONG THE REAR YARD SLOPE, ON A VOTE OF 4-0-1 WITH COMMISSIONER BRADLEY ABSTAINING AS HE WAS ABSENT FROM THE NOVEMBER 14TH MEETING. Planning Commission Minutes November 28,2017 Page 2 5. MAJOR TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 35: 6722 Abbottswood Drive / Crown Castle (AB) Vice Chairman James announced Agenda Item No. 5 and asked for a Staff Report. Director Mihranian provided a brief staff report with a corresponding power point noting that the Applicant is requesting a continuance to allow addition time to explore alternatives. Vice Chairman James opened the public hearing. Dr. Munn expressed his opposition to the proposed wireless facilities in the City and the constant continuance requests made by the Applicant. Discussion ensued amongst Commission and Staff on the project and the request to continue. COMMISSIONER NELSON MOVED, SECONDED BY VICE CHAIRMAN JAMES, TO CONTINUE THE PUBLIC HEARING TO JANUARY 23, 2018, IN ORDER TO ALLOW THE APPLICANTTIME TO EXPLORE LOCATING THE PROPOSED WIRELESS FACILITY ON AN EXISTING WOOD UTILITY POLE CARRYING EXISTING WIRELESS INFRASTRUCTURE ON TRAILRIDERS DRIVE. THE PUBLIC HEARING CONTINUANCE TO JANUARY 23, 2018, IS CONTINGENT UPON THE PROPOSED PROJECT NOT FALLING WITHIN THE PROVISIONS OF SECTION 6409 OF THE FEDERAL MIDDLE CLASS TAX RELIEF ACT, ON A VOTE OF 3-2 WITH COMMISSIONERS BRADLEY AND TOMBLIN DISSENTING. 6. MAJOR TELECOMMUNICATIONS FACILITY PERMIT ASG NO.37: Northside of Ridgegate Drive / Crown Castle (AB) Vice Chairman James announced Agenda Item No. 6 and asked for a Staff Report. Director Mihranian provided a brief staff report with a corresponding power point noting that the Applicant is requesting a continuance to allow addition time to explore alternatives. Vice Chairman James opened the public hearing. Mr. Cornell expressed his opposition to the proposed wireless facilities in the City and how it would impact his neighborhood. He supports the comments previously made and does not believe that Staff should recommend overturning the Commission's denials. Discussion ensued amongst Commission and Staff on the project and the request to continue. Planning Commission Minutes November 28,2017 Page 3 COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER LEON, TO CONTINUE THE PUBLIC HEARING TO JANUARY 23, 2018 TO ALLOW THE APPLICANTADDITIONAL TIME TO CONTINUE EXPLORING AN ALTERNATIVE SITE FOR THE PROPOSED WIRELESS FACILITY AT THE INTERSECTION OF RIDGEGATE DRIVE AND HIGHRIDGE ROAD, ON A VOTE OF 3-2 WITH COMMISSIONERS BRADLEY AND TOMBLIN DISSENTING. 7. MAJOR TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 45: San Nicolas Drive West of Lomo Drive / Crown Castle (AB) Vice Chairman James announced Agenda Item No. 7 and asked for a Staff Report. Director Mihranian provided a brief staff report with a corresponding power point noting that the Applicant is requesting a continuance to allow addition time to explore an alternative location. Vice Chairman James opened the public hearing. Dr. Munn reiterated his previous comments stated under Agenda Item No. 5 adding that he does not believe that Staff should be recommending to the City Council that the Commission's denials be overturned and that the revisions made to those projects should be reconsidered by the Planning Commission. Mr. Flores noted that he lives adjacent to the proposed location and expressed his opposition to the proposed wireless facility. Dr. Thomas expressed his opposition to the proposed wireless facility in the residential neighborhood and supported the project being moved to Hawthorne Blvd. Discussion ensued amongst Commission and Staff on the project and the request to continue. COMMISSIONER NELSON MOVED. SECONDED BY VICE CHAIRMAN JAMES, TO CONTINUE THE PUBLIC HEARING TO JANUARY 23, 2018, IN ORDER TO ALLOW THE APPLICANTADDITIONAL TIME TO EXPLORE LOCATING THE PROPOSED WIRELESS FACILITY ON AN EXISTING STREETLIGHT POLE OR COLLOCATING ON AN EXISTING WIRELESS TELECOMMUNICATION FACILITIES POLE LOCATED AT THE INTERSECTION OF HAWTHORNE BLVD. AND SAN NICHOLAS DRIVE. THE PUBLIC HEARING CONTINUANCE TO JANUARY 23, 2018, IS CONTINGENT UPON THE PROPOSED PROJECT NOT FALLING WITHIN THE PROVISIONS OF SECTION 6409 OF THE FEDERAL MIDDLE CLASS TAX RELIEF ACT, ON A VOTE OF 3-2 WITH COMMISSIONERS BRADLEY AND TOMBLIN DISSENTING. Planning Commission Minutes November 28,2017 Page 4 8. MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 25: 27659 Longhill Drive / Crown Castle (AB) Vice Chairman James announced Agenda Item No. 8 and asked for a Staff Report. Director Mihranian provided a brief staff report with a corresponding power point noting that the Applicant is requesting a continuance to allow addition time to explore alternatives. Vice Chairman James opened the public hearing. Dr. Munn expressed his opposition to the proposed wireless facility and expressed his frustration with the repeated continuance requests. Mr. Longhurst (applicant), spoke on behalf of Crown Castle, explaining that the continuance request is in response to direction provided by Staff to move the proposed facility from an existing streetlight pole that is adjacent to homes to an existing utility pole that is less intrusive because it is located adjacent to rear yard fences rather than the front facades. He added that additional time is needed to obtain authorization from Southern California Edison to locate on the existing utility pole. Discussion ensued amongst Commission and Staff on the project and the request to continue with the Commission expressing its opposition to the ongoing continuance requests and how it frustrates the public. COMMISSIONER LEON MOVED, SECONDED BY VICE-CHAIRMAN JAMES, TO CONTINUE THE PUBLIC HEARING TO JANUARY 23, 2018 TO ALLOW THE APPLICANTADDITIONAL TIME TO CONTINUE EXPLORING AN ALTERNATIVE SITE FOR THE PROPOSED WIRELESS FACILITY ON AN EXISTING UTILITY POLE ON LONGHILL DRIVE. THE MOTION FAILED ON A VOTE OF 3-2 WITH COMMISSIONERS BRADLEY, NELSON, AND TOMBLIN DISSENTING. Commissioner Bradley stated that he felt the proposed wireless facility is not designed to be least intrusive and should be denied. Commissioner Tomblin noted that the Applicant will appeal the Commission's decision. COMMISSIONER BRADLEY MOVED, SECONDED BY COMMISSIONER TOMBLIN, TO DENY, WITHOUT PREJUDICE, MAJOR WIRELESS TELECOMMUNICATION FACILITY PERMIT ASG NO. 25 TO ALLOW THE INSTALLATION OF TWO SIDE-MOUNTED PANEL ANTENNAS ON AN EXISTING REPLACEMENT STREETLIGHT POLE AND DIRECTING STAFF TO COME BACK WITH A RESOLUTION MEMORIALIZING THE DENIAL AT THE DECEMBER 12, 2017 MEETING, ON A VOTE OF 3-2 WITH COMMISSIONERS LEON AND VICE-CHAIRMAN JAMES DISSENTING. Planning Commission Minutes November 28,2017 Page 5 9. CONDITIONAL USE PERMIT, VARIANCE, GRADING PERMIT, AND MASTER SIGN PROGRAM (CASE NO. ZON2017-00030): 28300 S. Western Ave. / Chase Bank. (AS) Vice Chairman James announced Agenda Item No. 9 and asked for a Staff Report. Director Mihranian informed the Commission that there were two pieces of late correspondence, and that there were 5 public speakers for this item. Associate Planner Seeraty presented the item with a corresponding power point presentation, stating that the proposed project was to demolish the existing vacant restaurant building and construct a new Chase Bank building with associated grading, a refurbished existing parking lot with new landscaping, lighting, and related site improvements, and a master sign program to allow various types of on-site signs including allowing the existing monument sign to remain. She stated that the subject property was located on the corner of Western Avenue and Westmont Drive and described the following requested planning entitlements: a Conditional Use Permit is requested because a new commercial building over 16' in height is proposed, a Variance is requested to deviate from the 50% maximum lot coverage required for the site, a Major Grading Permit is required because 1,563 cubic yards of grading is proposed, with a maximum depth of cut of 5', and a Master Sign Program is required to permit the multiple proposed signs on both the structure and in the refurbished parking lot. Associate Planner Seeraty then described how the project met all findings for the Conditional Use Permit, stating that the property was adequate in size for the project, as a smaller building, as compared to the existing vacant restaurant building, is proposed. Additionally, after viewing the silhouette, Staff requested that the Applicant reduce the height of the structure, which the Applicant agreed to and completed before this evening. The City also worked extensively with the Applicant to identify a light fixture that met the City's non-residential lighting ordinance. She described how the project met the Variance findings to allow the project to exceed the 50% maximum lot coverage that is typically required for properties within the CG zoning district reporting that the existing lot coverage is 91.1% and the Applicant is proposing to reduce it to 77%, which together with the additional landscaping and low-impact lighting, Staff believes will minimize impacts to the adjacent properties. Associate Planner Seeraty reported that the project proposes 1,348 cubic yards of cut and 125 cubic yards of fill, which will lower the building pad of the proposed building as compared to the existing building and will be limited to the area of the structure and reconfigured parking lot. She stated that Staff believes the appropriate number of signs to identify the business from the three facades facing the two public streets, as well as the parking lot to the south are proposed. Additional signs are proposed in the refurbished parking lot, but they are limited to wayfinding and identification signs, and Staff believes they are reasonable and do not constitute a proliferation of signs. She pointed out to the Commission that the wall-mounted lights for the ATM will be located under the awning shown on the plans. She also pointed out that one additional sign of 8.75 square feet, with silver letters reading "ATM", is proposed on the ATM awning. Planning Commission Minutes November 28,2017 Page 6 Commissioner Tomblin asked if there were any of the "blue glow" lights on the building, which are seen on some Chase Bank buildings. Associate Planner Seeraty responded that the only blue lights proposed on the building are an LED strip for backlighting on the ATM, but that the Applicant can confirm that information. Commissioner Tomblin also asked if there was a condition which required that the lights be turned off at a certain time. Associate Planner Seeraty responded that Condition No. 47 requires that all onsite lighting, other than that required for safety or per the California Financial Code, be extinguished by 10:00 p.m. daily. Commissioner Leon asked Staff if they had considered trying to keep the existing eucalyptus trees on the site, as he stated they were large and had been there a long time. Associate Planner Seeraty stated that several existing trees would remain on the site, but that the eucalyptus trees would have be removed to accommodate the new structure. Commissioner Leon asked if anything was discussed with the Applicant to attempt to keep these trees Associate Planner Seeraty responded no. Additional discussion ensued between Staff and the Commission on general Code and design requirements. Vice Chairman James opened the public hearing. Jeffrey Adelman stated that he was the attorney for the owner of the property and requested that he wait to speak last so that he could provide a rebuttal to any questions that may come up. Bob Superneau (Applicant) stated that he is the architect representing Chase Bank. He thanked Staff for all their assistance in addressing the various issues that have come up throughout the process. He also stated that they believe they have a good project which provides better circulation on the site. He stated that the state lighting requirements for the ATM were that there be 10 foot candles within 5' radius of the ATM, and 2 foot candles within 50' radius of the ATM. He also confirmed that there are no blue lights proposed for the building facade other than for backlighting the ATM, and for accent lighting within the interior building soffit. James Flanagan introduced himself as the attorney for the owner of the Westmont Plaza property. He stated that he has concerns with the notice for the public hearing, as his client had only received the noticed earlier this month. He also mentioned that the letter sent by Planning Commission Minutes November 28,2017 Page 7 the attorney for the owner of the property was not received by his client via email and was also sent to the wrong address. He stated that his client had not received a copy of the letter until last week. He also stated that none of the tenants received notification. He stated that the private Declaration agreement between the various property owners applies to the entire shopping center and has a prohibition clause in it regarding modifications without the appropriate agreed upon process. He stated that he is not trying to stop the development, but that he wants to discuss the project further with the property owner and come back with a solution. James Kang introduced himself as the owner of the Westmont Plaza Shopping Center and is also the Maintenance Director for the center. He stated that 19 tenants were not notified of the hearing this evening and that they need the opportunity to discuss this matter with the Planning Commission. He expressed a concern with the design of the parking lot as it relates to the Declaration. He requested that the Planning Commission continue the public hearing to allow discussions to occur between the various parties. April Sandell stated that she is opposed to the project. She stated that the project eliminates ingress and egress on Westmont Drive, and thus would result in increased traffic on Western Avenue. She also stated that she lives within 500' of the proposed project but did not receive a public notice. She mentioned that there was a large sinkhole in the past on Western Avenue and that additional grading will disturb the homes across the street. She also stated that there were unmaintained pipes and drains, and groundwater issues. She also said that there were issues with the Declaration agreement between the shopping center property owners, and had concerns about the cross property drainage. She then stated that the project doesn't address the underlying storm drain connections in the County of Los Angeles that runs underneath the site. Jeffrey Adelman reiterated that he was the attorney of the owner of the property and that they are not proposing to change the Declaration, and are maintaining an open parking. He noted that his client would be in agreement to continue this matter to allow discussions to occur between the various shopping center owners and to reissue a new notice for the roof top mechanical equipment. Vice Chairman James asked Mr. Adelman if the item was continued, if he would be ok with deferring the public hearing to the January 23rd meeting. He then asked Mr. Superneau if he was authorized by the Applicant to continue the public heating, to which Mr. Superneau stated yes. Vice Chairman James asked Mr. Flanagan if he would also agree to that, and Mr. Flanagan stated that two months was ok. Discussion ensued amongst the Commission regarding the information presented this evening along with considering a continuance of the public hearing. VICE CHAIRMAN JAMES MOVED, SECONDED BY COMMISSIONER BRADLEY, TO CONTINUE THE PUBLIC HEARING TO JANUARY 23, 2018 TO ALLOW STAFF TO NOTICE THE REQUIRED SITE PLAN REVIEW APPLICATION FOR THE PROPOSED ROOF-MOUNTED MECHANICAL EQUIPMENT AND TO ALLOW ADDITIONAL TIME Planning Commission Minutes November 28,2017 Page 8 FOR THE PROPERTY OWNER TO WORK OUT CONCERNS EXPRESSED BY THE NEIGHBORING PROPERTY OWNER WITHIN THE SHOPPING CENTER, ON A VOTE OF 5-0. CONTINUED BUSINESS: NONE NEW PUBLIC HEARINGS: 10. POINT VIEW CONDITIONAL USE PERMIT ANNUAL REVIEW: (CASE NO. ZON2010- 00087) 6001 Palos Verdes Drive South /York Point View Properties, LLC (OS) Vice Chairman James announced Agenda Item No. 10 and asked for a Staff Report. Director Mihranian informed the Commission that there was one piece of late correspondence, and also that there were 2 public speakers for this item. Commissioner Leon stated that he lived within 500' of the project site and recused himself from the item's consideration. Commissioner Nelson stated that it was not required for Commissioner Leon to recuse himself as Commissioner Leon does not have any business association with the project site. Assistant City Attorney Gerli provided clarification related to the discussion and Commissioner Leon proceeded to recuse himself. Associate Planner Silva provided a brief presentation related to the item describing that the annual review is required per the Conditional Use Permit, that based on Staff's assessment the facility is operating within the scope of the Conditions of Approval, and that the Applicant is requesting a modification to Condition No. 72 to eliminate the need for future noise studies unless the Director finds it to be warranted based on complaints. Director Mihranian informed the Commission that there was an update to Section No. 3 of the proposed resolution, in reference to the City, not the Planning Commission, receiving any complaints related to noise at the Event Center. Vice Chairman James opened up the public hearing. Vanessa Bowman informed the Commission that she is the Manager at the Catalina View Gardens and provided some clarification as to the total number of events hosted at the project site. Mrs. Bowman proceeded to discuss on-going business practices at the project site, which have reduced overall noise concerns overall. Planning Commission Minutes November 28, 2017 Page 9 Jim York (property owner) informed the Commission that he is supportive of Staffs recommendation and that he would also like to modify the required Point View Master Use Plan Annual Review to an as-needed basis or at the discretion of the Director of Community Development. Director Mihranian responded that the Mr. York's request should be considered separately as a revision to the Conditional Use Permit. Vice Chairman James closed the public hearing and stated that Mr. York's modification request should be discussed with City Staff and explored for the next annual review. VICE CHAIRMAN JAMES MOVED, SECONDED BY COMMISSIONER BRADLEY, TO ADOPT P.C. RESOLUTION NO. 2017-42; THEREBY ADOPTING ADDENDUM NO. 4 TO A PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION (MND) AND AMENDING CONDITION NO. 72 REGARDING NOISE MONITORING AT THE EVENT GARDEN, ON A VOTE OF 4-0-1 WITH COMMISSIONER LEON RECUSED. 11. SITE PLAN REVIEW, HEIGHT VARIANCE, GRADING PERMIT: (CASE NO. SUB2014- 00003, Z0N2014-00273, ZON2016-00120) 27581 Palos Verdes Drive East/ Patel (OS) Vice Chairman James announced Agenda Item No. 11 and asked for a Staff Report. Director Mihranian informed the Commission that there was late correspondence provided before the meeting related to the proposed project, and that there were 13 public speakers for this item. Associate Planner Silva provided a brief presentation with a power point presentation describing the proposed project and the changes made to the design of the lot split and the size and scale of the proposed two homes based on the direction given to the Applicants last year when this item was first considered by the Commission. He noted that pursuant to CEQA, a mitigated negative declaration was no longer warranted because a variance deviating from the City's minimum lot width requirement was no longer requested. He described the various applications being considered by the Planning Commission and how the required findings can be made citing that the proposed project does not result in a significant view impairment to neighboring properties in the City of Rancho Palos Verdes based on the City's View Ordinance and that Staff believes the proposed residences are compatible to the surrounding homes in the City. Discussion ensued between Staff and the Commission on the project revisions that occurred based on direction given to the Applicants last year. Vice Chairman James opened the public hearing. Tim Racisz (Applicant) addressed the Commission and stated that the proposed project was revised to address the Commission's concerns with the initial project submittal. Mr. Racisz Planning Commission Minutes November 28,2017 Page 10 informed the Commission that the project was modified to meet the City's subdivision ordinance requirements and the City's neighborhood compatibility ordinance. Mr. Racisz requested that his time for public comments be reserved, so as to be given the opportunity later to address project concerns expressed by the public. Vice Chairman James agreed with Mr. Racisz's request. Robert Schachter informed the Commission that he is a Planning Commissioner with the City of Rolling Hills Estates and is also the Attorney representing the property owners. Mr. Schachter requested that his time for public comments be reserved, so as to be given the opportunity later to address project concerns expressed by the public. Vice Chairman James agreed with Mr. Schachter's request. Neal Patel (property owner) informed the Commission that his architect and he worked closely with City Staff over the course of a year to prepare a revised project that addressed the Commission's initial project concerns. He requested that in light of the changes made that the Commission approve his project. Barbara Pajor informed the Commission that she lives at 6 Harbor Sight Drive and expressed concerns with the proposed project as it relates to view impacts and compatibility with other homes in the area. Vince Vassallo provided late correspondence that was distributed to the Commission for review. Mr. Vassallo stated that he lives at 6 Harbor Sight Drive and has concerns with the proposed project expressing concerns with the scope of the proposed subdivision, bulk and mass of the residential structures, view impacts related to project height, compatibility and project grading, as well as driveway access into the project site off Palos Verdes Drive East. Reg Lowell stated that he and his wife live at 4 Harbor Sight Drive and expressed concerns with the proposed project with respect to privacy impacts and compatibility with other homes in the area. Gretchen Lees informed the Commission that she lives at 27895 Palos Verdes Drive East in Rancho Palos Verdes, which is west of the project site and expressed concerns with the proposed project with respect to view impacts, height, bulk and mass, as well as compatibility. Commissioner Tomblin asked Staff if a site visit to Mrs. Lees' property had been conducted as part of the project review process. Associate Planner Silva informed the Commission that he requested access to conduct a site visit to the property owner, but as of the preparation of the Staff Report, the property owner did not respond to his request and as a result a site visit was not conducted by City Staff. He explained how Staff's assessed potential view impacts based on topographic conditions in the area and the review of aerial photographs. Planning Commission Minutes November 28,2017 Page 11 Bob Bennett informed the Commission that he lives at 16 Deerhill Drive in the City of Rolling Hills Estates (RHE), and was there as a representative to the local Home Owners Association. He stated that he had previously submitted written correspondence regarding the proposed project, which outlines his concerns regarding the proposed project. In addition, Mr. Bennett indicated that his written correspondence provided simulation photographs of the proposed project's impact on views from homes in RHE. Mr. Bennett also expressed concerns with the project's bulk and mass and compatibility with other homes in the area. Doug Maupin stated that he lives at 27591 PVDE, which is located to the south of the project site, and that he is in favor of the revised project. Justin Chiodo informed the Commission that he lives at 27601 PVDE in Rancho Palos Verdes, and that while he supports the development of individual properties, he has concerns with the proposed project. Mr. Chiodo stated that while the Applicants' revised project may have addressed some of the Commission's and public's concerns, it has also created additional concerns with view impacts, structure sizes, bulk and mass, height and compatibility with the immediate neighborhood. Discussion ensued between Commissioner Leon and Mr. Chiodo as it relates to his viewing area. Michael Brunskill indicated that he lives at 7 Harbor Sight and that he has concerns with the proposed project. Brad Brunskill stated that he lives at 7 Harbor Sight and expressed concerns with the project. Sandy Walia stated that she is a Ranch Palos Verdes resident and that she supports the proposed project, as the project would increase property values in the area. Mr. Schachter returned to the podium in order to address the public concerns regarding the project. Commissioner Leon asked Mr. Schacter about the development process in the City of Rolling Hills Estates as it relates to structure size and height, and asked to identify the size and number of stories of homes that are currently being approved by their Planning Commission. Mr. Schacter stated that typical sizes vary and that homes range from single story to two stories in height. Commissioner Tomblin asked about the proposed driveway and hardscape areas in front of the residential structures. Mr. Racisz informed the Commission that the driveway areas were being designed to accommodate Fire Department access to the project site. Commissioner Tomblin also asked about how access to Lot No. 2 will be provided. Planning Commission Minutes November 28, 2017 Page 12 Associate Planner Silva informed the Commission that access to the rear lot would be provided through a driveway access easement that would be recorded on the properties as part of the proposed subdivision. Commissioner Tomblin asked about the possibility of constructing a gate over the driveway area, whereby the Fire Department's access to the site would be restricted. Director Mihranian informed the Commission that as part of the Conditions of Approval, a condition can be added to the proposed project that would require any new gates to conform to Fire Department access requirements. He added that there is a condition requiring compliance with the Fire Department's requirements and that he did not think a gate would be allowed. Commissioner Bradley indicated that he had serious concerns with the project regarding the structure size and compatibility with neighboring properties, and stated the project appeared to be out of place and that he was not supportive of the project. Commissioner Leon stated that he was understanding of the public's concerns with respect to the project, noting that it appears that the Applicants submitted a project that incorporated the Commission's direction as compared to the original project. Commissioner Nelson agreed with Commissioner Leon's comments. Commissioner Tomblin stated that he understood the public's concerns but that the Applicants revised the project to comply with Commission's direction. COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER LEON, TO ADOPT P.C. RESOLUTION NO. 2017-43; CONDITIONALLY APPROVING, WITH A MODIFICATION TO CONDITION NO. 31, VESTING PARCEL MAP NO. 72658, HEIGHT VARIATION, GRADING PERMIT AND SITE PLAN REVIEW TO ALLOW THE SUBDIVISION OF AN EXISTING 43,677 SQUARE FOOT LOT AT 27581 PALOS VERDES DRIVE EAST INTO TWO SEPARATE LOTS AND TO ALLOW THE DEVELOPMENT OF ONE SINGLE-FAMILY DWELLING UNIT ON EACH LOT. LOT NO. 1 WILL BE 20,649 SQUARE FEET IN AREA AND IMPROVED WITH A 5,927 SQUARE FOOT TWO-STORY RESIDENCE WITH 1,528 CUBIC YARDS OF GRADING. LOT NO. 2 WILL BE 23,029 SQUARE FEET IN AREA AND IMPROVED WITH A 5,311 SQUARE FOOT TWO-STORY RESIDENCE WITH 1,766 CUBIC YARDS OF RELATED GRADING (CASE NOS. SUB2014-0003, ZON2014-00273 & ZON2016-00120), ON A VOTE OF 4-1 WITH COMMISSIONER BRADLEY DISSENTING. 12. APPEAL OF DIRECTOR-APPROVED GRADING PERMIT: (CASE NO. ZON2017- 00324) 27501 Western Avenue / Green Hills (SK) Planning Commission Minutes November 28,2017 Page 13 Vice Chairman James announced Agenda Item No. 12 and asked for a Staff Report. Deputy Director/Planning Manager Kim presented the staff report and power point presentation recommending denial of the appeal and to uphold the Director's decision to conditionally approve the proposed project stating that the project complies with Council- adopted Conditions of Approval per Resolution No. 2017-03 and that the required findings can be made. Discussion ensued among Commissioners and Staff regarding the quantity of grading, screening of Areas 5 and 6, the Council-adopted Conditions of Approval, and the project's compliance with the Council-adopted Master Plan. Vice Chairman James opened the public hearing. Nick Resich (Applicant) provided an overview of the request to conduct grading in conformance with their approved Master Plan by burying vaults in the vacant area, installing 3' tall walls and water features. Sharon Loveys(Appellant)distributed a letter and spoke in opposition to the proposed project based on the Applicant's history of conducting more grading than what was originally approved, questioning whether the Applicant will comply with the proposed Conditions of Approval, using misleading inconsistent terms, non-compliance with the density shown in the 2007 Master Plan booklet, storage of vaults prior to obtaining approval, non-payment on a pending settlement, and increase in traffic. Debbie Landes spoke in opposition to the proposed project, agreeing with the points raised by Sharon Loveys. Joanna Reed spoke in opposition to the proposed project. Irene Turner spoke in opposition to the proposed project and raised concerns with noise associated with burial activity along the north border. She also presented a photo of a nice day at the cemetery. Bernadette Sabath explained that she represents 13 neighbors in her neighborhood and spoke about her experience in participating in the Neighborhood Advisory Committee, explaining that it generates an understanding between the affected residences and the cemetery operations. She requested that the Peninsula Verde and Rolling Riviera HOAs meet separately instead of together at Neighborhood Advisory Committee meetings. She also noted that there has been progress and agreement with the Applicant on the type of barrier and screening along the northern border and the Applicant has agreed to install it in January 2018. Glenn Cornell spoke in opposition to the proposed project, raising concerns with contaminated soil as a result of burial activities and explaining that soils testing should be required prior to authorizing any earth movement in the area. He also raised concerns with Planning Commission Minutes November 28,2017 Page 14 dust, changes to existing grades, diversion of surface water, lack of City enforcement with the Applicant's non-compliance with applicable conditions, and requesting that the Planning Commission revisit the Conditional Use Permit. Donna Duperron spoke in support of the proposed project, describing the Applicant's charitable activities, dedicated support to small business and the larger South Bay community. Martin Chou spoke in support of the proposed project, describing his positive interactions with the Applicant. Matthew Vitalich spoke in opposition to the proposed project and urged the Planning Commission to consider the concerns raised by the Rolling Riviera HOA. Nick Resich clarified that the proposed grading will be balanced on the project site with no export and that the finished grades will be relatively the same as the existing condition. Ellen Berkowitz explained that the City Council did not place a cap on the number of interments allowed at the cemetery and that the issue of settlement agreement is confidential and unrelated to the proposed project. She further clarified that the 2007 Master Plan Booklet is a conceptual document that generally details the built-out condition of the cemetery and the numbers cited are estimates for reference purposes only. Discussion ensued among Commissioners, Staff, and the City Attorney regarding consistency with the Council-adopted Master Plan, finished grades of the project site, compliance with Council-approved Conditions of Approval, landscaping along the southerly border, and the settlement agreement referenced by the Appellant. COMMISSIONER NELSON MOVED, SECONDED BY COMMISSIONER TOMBLIN, TO ADOPT STAFF'S RECOMMENDATION PROVIDED THAT NO WORK IS TO OCCUR UNTIL THE OUTSTANDING SETTLEMENT PAYMENT IS PAID BY THE APPLICANT TO THE CITY. Assistant City Attorney Gerli explained that the settlement is being discussed between the City Council and the Attorney and that there has been no determination made as to whether the Applicant owes or does not owe anyone payment. Commissioner Bradley spoke and stated that regardless of any owed debts, the settlement is a separate matter from the proposed project. Commissioner Nelson withdrew his motion, and accepted by Commissioner Tomblin. COMMISSIONER NELSON MOVED, SECONDED BY TOMBLIN, TO CONTINUE THE PUBLIC HEARING TO THE SECOND MEETING IN JANUARY TO RECEIVE AN UPDATE ON THE SETTLEMENT. Planning Commission Minutes November 28, 2017 Page 15 Commissioner Leon stated that continuing the matter will not result in any changes to the proposed grading request and felt that continuing the matter to a future date is unnecessary. The Motion failed on a vote of 2-3 with Commissioners Bradley, Leon, and Vice Chairman James dissenting. COMMISSIONER BRADLEY MOVED, SECONDED BY COMMISSIONER TOMBLIN, TO ADOPT P.C. RESOLUTION NO. 2017-44, DENYING THE APPEAL AND UPHOLDING THE DIRECTOR'S DECISION, THEREBY APPROVING A GRADING PERMIT TO ALLOW 41,200YD3 OF BALANCED GRADING TO ACCOMMODATE THE INSTALLATION OF VAULTS ASSOCIATED WITH EARTH INTERMENTS, 3' TALL WALLS, AND WATER FEATURES IN THE UNIMPROVED PORTIONS OF AREA 5 (ARROYO VISTA) OF THE CITY COUNCIL-APPROVED MASTER PLAN FOR GREEN HILLS MEMORIAL PARK (ZON2OI7-00324), ON A VOTE OF 5-0. NEW BUSINESS None ITEMS TO BE PLACED ON FUTURE AGENDAS 13. PRE-AGENDA FOR THE MEETING ON DECEMBER 12, 2017 Accepted as presented on a vote of 5-0. ADJOURNMENT The meeting was adjourned at 11:48 p.m. There is no audio or video for this meeting Planning Commission Minutes November 28,2017 Page 16