MINUTES OJAI PLANNING COMMISSION March 2, 2016 Call to Order Chair Zabilla called the regular meeting of the Ojai Planning Commission to order on Wednesday, March 2, 2016, at 6:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. Roll Call On a call of the roll, the following Planning Commissioners were present: Chair Zabilla, and Commissioners Foster, Lojowsky, and Nolan. Absent: Vice Chair Jagiello and Commissioner Mirk Vacancy: one City staff present: Kathleen Wold, AICP, Community Development Director, Matthew Summers, City Attorney, and Amber Young, Planning Commission Secretary. Pledge of Allegiance

Commissioner Foster

Public Communication

Ron Youst, 1599 Orchard Drive, spoke about a cell tower out of the City's boundaries.

Consent Item 1. Minutes of the Regular Meeting of Planning Commission February 3, 2016 Motion: Chair Zabilla moved and Commissioner Nolan continue the consent calendar to the next meeting to allow for corrections to be made to the minutes. The motion passed as follows: AYES: Foster, Lojowsky, Nolan, Zabilla NOES: None ABSTAIN: None ABSENT: Jagiello, Mirk VACANCIES: One Disclosure of Site Visits and Ex-Parte Contacts 2. 602 E. Oak Street - Commissioners Foster, Nolan, and Zabilla visited the sites and had no ex-parte contacts. 312 W. Ojai Avenue, Cottages - Commissioners Foster, Lojowsky, Nolan, and Zabilla visited the sites and had no ex-parte contacts. Public Hearing Items 3. Revision to Conditions of Approval as it relates to Fire Department conditions for Conditional Use Permit (CUP 14-03), Design Review Permit (DRP 14-07), and Minor Variance (VAR 16-01) for a New Separate Two-Story Building at the Rear of Mountain Vista Manor, an Existing Board and Care Facility for the Elderly located at 602 E. Oak Street.

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Chair Zabilla turned the time over to Kathleen Wold to present the staff report. Ms. Wold explained the purpose of the modification is for the Fire Department condition of approval and the need for a Variance application. Questions for staff

None

Chair Zabilla opened the item for public comment and questions Speakers: Dawn Thieding asked about the tribal notification for the permits in the fall. She would like the standard condition regarding accidental discovery of human remains added. Ms. Wold answered this project is a Variance to modify the conditions of approval which does not have any ground disturbing activities. All the conditions related to ground disturbing activities were approved in 2014. Ms. Wold noted for the record when the project goes through the building permit process it will be subject to the Preliminary Archaeological Assessment (PAA) requirement. Ben Turner, owner's representative said they are requesting a 10% reduction of the 18' 10" requirement. Chair Zabilla closed the public comment portion of the meeting Commissioner Deliberation Commissioner Foster • Feels the request is straight forward with the added 2 conditions for cultural resources and public art. Commissioner Nolan • The request makes sense and she is in support of the request. Commissioner Lojowsky • Asked for clarification about the proposed added conditions regarding human remains. Mr. Summers explained the cultural resources conditions and the condition being requested to be added is above and beyond state law. • Does not feel the added condition is necessary. Chair Zabilla • Feels the public is still waiting for the opportunity to weigh in on the cultural resources requirements. • Feels the application for revisions to the conditions of approval and the variance request is reasonable and supports the request. • Would entertain a motion.

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Motion: Commissioner Foster moved and Commissioner Nolan seconded a motion to continue Revision to Conditions of Approval as it relates to Fire Department conditions for Conditional Use Permit (CUP 14-03), Design Review Permit (DRP 1407), and Minor Variance (VAR 16-01) Mountain Vista Manor at 602 E. Oak Street subject to the findings and conditions of approval with the added conditions as follows: Preconstruction Meeting A preconstruction meeting with the Community Development Department shall be held prior to initial earth disturbing activities. This preconstruction meeting shall include all subcontractors associated with ground disturbing activities and shall include review/training of the requirements below. Call Public Works at least 3 days prior to arrange meeting at 805-646-5581 ext. 209. Human Remains In the event of discovery or recognition of any human remains in any location other than a dedicated (marked) cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. • If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. • The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American. • The most likely descendent has 48 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods. • if the descendent does not make recommendations within 48 hours the owner shall reinter the remains in an area of the property secure from further disturbance. • If the landowner does not accept the descendant's recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.

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Discuss and confer means the meaningful and timely discussion with careful consideration of the views of each party's cultural values and, where feasible, seeking agreement. if mediation fails, the landowner shall reinter the human remains with appropriate dignity on the property in a location not subject to future subsurface disturbance.

Archeological and Native American Sites or Artifacts Applicant shall comply with California Public Resources Code 21083, 21087 an4fre97. If archaeological or Native American sites or artifacts are accidentally discovered during construction, work shall be stopped and the find shall be evaluated by the Community Development Department in consultation with an Archeologist and) a local Native American tribal representative in order to determine if the find is a unique archaeological or historical resource. Construction work may continue on other parts of the site if approved by the Community Development Department. The motion passed as follows: AYES: Foster, Lojowsky, Nolan, Zabilla NOES: None ABSTAIN: None ABSENT: Jagiello, Mirk VACANCIES: One 4.

Time Extension for "Cottages Among the Flowers", Design Review Permit (DRP 05-01) — 312A-F and 314B West Aliso Street, Ojai California, APN: 020-0-201-210. Chair Zabilla turned the time over to Kathleen Wold. Ms. Wold explained the applicants have changed the proposal and staff needs time to conduct further review and analysis so a continuation is being requested. Questions for staff

None

Chair Zabilla opened the public hearing Public Comments None Chair Zabilla closed the public hearing Motion: Commissioner Nolan moved and Commissioner Mirk seconded a motion to continue Time Extension for "Cottages Among the Flowers" Design Review Permit (DRP 05-01) to allow changes to the plans to the April 6, 2016 regular Planning Commission meeting. The motion passed as follows: AYES: Foster, Lojowsky, Nolan, Zabilla NOES: None RECUSED: None ABSENT: Jagiello, Mirk VACANCIES: One

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Discussion Item 5. Trash and Recycle Cans, Picnic Tables and Benches Project Chair Zabilla opened the discussion item Chair Zabilla turned the time over to Greg Grant, Public Works Director to present the project. Commissioner Lojowsky • Likes the proposal. Commissioner Nolan • Supports the project and likes the proposed trash and recycle cans. The Commission was in support of the project. Public Comments

None

Chair Zabilla closed the discussion item

Informational Items 6. Director Report and Director Actions Ms. Wold verbally reported. 7.

Report on Current Code Enforcement Activity Ms. Wold provided details on the report in the packet.

8.

Future Agenda Items Ms. Wold reported.

9.

Planning Commission Sub-Committee Reports

City Council Liaison Randy Haney addressed the Commission and was available for questions. Adjournment There being no further business brought before the Commission, Chair Zabilla adjourned the meeting 7:25 p.m. Respectfully submitted by: A ber Young, Su titute Planning Commission Secretary Reviewed by:

3tr-l. athie en Wold, AICP, Community Development Director

Approved by the Planning Commission: Rosalie Zabilla, Chair, Planning Commission