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PC MINS 20180213 Approved 2/27/18 /, `r CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING FEBRUARY 13, 2018 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 Bradley, Emenhiser, Leon, Nelson, Tomblin, and Vice Chairman James. Absent: None Also present were Community Development Director Mihranian, Deputy Community Development Director Kim, Senior Planner Alvarez, Senior Planner Silva, Associate Planner Nemeth and Assistant City Attorney Gerli. APPROVAL OF AGENDA Approved as presented COMMUNICATIONS City Council: Director Mihranian reported that at the February 6th meeting, the City Council conducted the annual review for Green Hills Memorial Park and adopted certain amendments to the Conditions of Approval, and introduced Ordinance No. 605 that expands the definition of Short Term Rentals to include commercial operations. He added that the City Council will conduct a special meeting on Thursday, February 15th at 5:00 p.m. to consider certain appeals filed by Crown Castle; and that at its February 20, 2018 meeting, the City Council will consider an appeal of the Planning Commission's approval of the project at 27581 Palos Verdes Drive East, and will appoint new Planning Commissioners and select the Planning Commission Chairman. Staff: Director Mihranian reported that 1) An appeal of the Planning Commission's approval of the Chase Bank on Western Avenue was filed last week by the neighboring property owner; 2) The League of California Cities will hold its annual Planning Commissioner's Academy on April 4th in Monterey; 3) Code Enforcement Officer Julie Peterson retired last week after nearly 30 years of service; and 3) Late correspondence has been provided for agenda item nos. 3 and 6. Planning Commission: Commissioner Bradley inquired about the appeals being considered by the Council at its February 15th meeting; Commissioner Nelson requested to receive a report on the state's housing legislation at a future meeting; Vice Chairman James congratulated former Code Enforcement Officer Julie Peterson on her retirement, congratulated Assistant City Attorney Elena Gerli on making partner with Aleshire and Wynder, and thanked Commissioner Emenhiser on his 8 years of service on the Planning Commission and handed him a gift on behalf of the entire Planning Commission; and Commissioner Emenhiser expressed his appreciation serving the community while on the Commission, and thanked his Colleagues and Staff. CONSENT CALENDAR 1. Approval of the January 23, 2018 P.C. Minutes Approved as amended on a vote of 6-0. 2. Approval of the January 30, 2018 P.C. Minutes Approved as amended on a vote of 6-0. 3. General Plan Update Deputy Director Kim presented a status report on the progress of the General Plan update noting that Staff intends to bring the updated General Plan document to the Commission for its review on March 27th A discussion ensued between Staff and the Commission regarding additional elements that will be included in the updated General Plan based on new requirements mandated by the State. Director Mihranian noted there will be a special City Council meeting on April 26, 2018 to consider the updated General Plan recommended by the Planning Commission. He added that the City Council will be asked to adopt the required environmental document associated with the update. Commissioner Emenhiser asked for an explanation of the new Environmental Justice element that will be added to the updated General Plan. Planning Commission Minutes February 13,2018 Page 2 Assistant City Attorney Gerli gave a brief overview of the meaning and areas affected particularly how it relates to the City. Commissioner Nelson moved, seconded by Commissioner Bradley, to receive and file a status report on the General Plan update, on a vote of 6-0. NEW PUBLIC HEARINGS: 4. Amendment to Conditions Of Approval For P.C. Resolution No. 2007-56: (Case No. VRP2007-00007): 2143 Daladier Drive Associate Planner Nemeth presented the staff report requesting to amend Condition Nos. 3 and 4 of P.C. Resolution No. 2007-56 to change the view restoration trimming requirements for Tree Nos. 12 through 15 located at 2143 Daladier Drive. He stated that the request involves crown raising Pine Tree Nos. 12 and 13 and discontinuing the method of lacing for Pine Tree Nos. 12 through 15 located at 2143 Daladier Drive. Discussion ensued between Staff and the Planning Commission on the background of the conditions of approval, where the viewing area is taken from, and agreement made between the various parties. Commissioner Nelson moved, seconded by Commissioner Emenhiser, to adopt P.C. Resolution No. 2018-07; thereby approving a request to amend Conditions Nos. 3 and 4 of P.C. Resolution No. 2007-56 to change the view restoration trimming requirements for Tree Nos. 12-15 located at 2143 Daladier Drive upon finding that all applicable findings of Section 17.02.040(c)(2)(c) of the Municipal Code have been met on a vote of 6-0. Director Mihranian stated there is a 15 day appeal period. 5. Appeal Of Director-Approved Fence/ Vall Permit: (Case No. ZON2016-00377): 32 Via Del Cielo Senior Planner Seeraty presented the staff report to overturn the Director's approval of a Fence/Wall Permit that allows a 3.5' to 4' tall fence at the top of the slope along the east property line at 32 Via Del Cielo. Staffs presentation compared the seated and standing views from the view location of the upslope property at 70 Calle Cortada. Discussion ensued between Staff and the Planning Commission regarding the viewing area, how the view frame is established, the fence material, and the requirements of the City's View Ordinance as it relates to whether a view is documented in the seated or standing position. Vice Chairman James opened the public hearing. Planning Commission Minutes February 13,2018 Page 3 Jim Hudnall, Applicant, addressed the Commission giving historical information of his property. He presented a PowerPoint presentation on his proposal referring to the tract conditions pertaining to fencing. The Commission asked the Applicant questions regarding insurance liability, the proposed fence height, and the fence material found within the neighborhood. Tom Vice, Appellant, addressed the Commission with a background of his property and reasons for moving to the City. He expressed his areas of agreement and areas he is opposed to with regards to the proposed location and height of the fence stating that he could support a 2' tall fence within the front yard portions. A conversation ensued among Commissioners and Staff regarding the two properties, fence location, viewing positions, and foliage planted on the slope. Vice Chairman James closed the public hearing to allow the Applicant and Appellant to discuss a possible compromise with Staff, and then come back to reopen the public hearing after the next agenda item was completed. Meeting moved to Agenda Item No. 6 6. Conditional Use Permit Code Amendment: (Case No. ZON2017-00595): City- Wide Senior Planner Silva presented the staff report and overview of the current Conditional Use Permit conditions and to consider amending Section 17.60 (Conditional Use Permits) of the Development Code clarifying the governing bodies that are able to conduct annual and update reviews and to require an application fee for such reviews and updates of Conditional Use Permits. A discussion ensued among Commissioners and Staff regarding the proposed ordinance language, the fees the City collects for processing Conditional Use Permit, the number of Conditional Use Permit applications that have been processed by the City over the years, the amount of Staff time it takes to process Conditional Use Permit, why the code amendment was initiated by the City Council, and concerns that such reviews and updates should be conducted by the Planning Commission rather than burdening the City Council. Commissioner Nelson moved, seconded by Commissioner Tomblin, to adopt P.C. Resolution No. 2018-08, recommending that the City Council adopt proposed amendments to Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify that the final deciding body, unless expressly stated in the adopted conditions of approval, shall conduct future reviews and updates of Conditional Use Permits and that the City Council should consider establishing a fee to recover City costs for processing such reviews, on a vote of 5-1 with Commissioner Emenhiser dissenting. The Planning Commission returned to Agenda Item No. 5 Planning Commission Minutes February 13, 2018 Page 4 Vice Chairman James re-opened the public hearing. Both the Applicant and Appellant updated the Commission on the discussion that occurred during the break regarding liability, and fence height and location clarifications. Both parties reported that they were unable to come to an agreement at this time. Vice Chairman James closed the public hearing. A discussion ensued among Commissioners and Staff regarding the Director's decision and whether the points of the appeal were warranted to overturn the decision. The Commission expressed an interest in seeing the parties work on coming to an agreement for the Commission's consideration at its next meeting. Commissioner Emenhiser moved to approve Staff's recommendation, seconded by Commissioner Tomblin. After discussion ensued between the Commissioners on the Motion, Commissioner Emenhiser withdrew his motion,which was accepted by Commissioner Tomblin. Commissioner Bradley moved, seconded by Commissioner Leon, to continue the Public Hearing to March 13, 2018 with the Applicant agreeing to extend the Permit Streamlining Action deadline to March 20, 2018, on a vote of 5-1 with Commissioner Nelson dissenting. 7. Pre-Agenda for the Meeting On February 27, 2018 Accepted as presented 8. Pre-Agenda for the Meeting On March 13, 2018 Accepted as presented The meeting was adjourned at 9:21 P.M. For the complete video archiving of this Planning Commission meeting go to: http://rpv.granicus.com/MediaPlayer.php?view id=5&clip id=3082 and click on the agenda item number on the video. Planning Commission Minutes February 13,2018 Page 5