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CC MINS 19970311 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING MARCH 11, 1997 This meeting was called to order at 8:00 P.M. by Mayor John C. McTaggart at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Lyon, Bryd, Ferraro, and Mayor McTaggart ABSENT: None Also present were City Manager Paul Bussey, Planning, Building & Safety, and Code Enforcement Director Carolynn Petru, Assistant City Attorney Larry Wiener, City Clerk Jo Purcell, and Recording Secretary Jennifer Baum - Steels. APPROVAL OF AGENDA: Mayor Pro Tem Ferraro moved, seconded by Councilman Hollingsworth to approve the Agenda. Motion carried. REGULAR BUSINESS: Resol, No. 97 -21 - Tentative Tract Map No. 46628 (1203 X 1411) Director Petru presented the staff memorandum of March 11, 1997 and the recommendation to 1) Adopt the proposed resolution determining that the "information map" is in substantial conformance with Vesting Tentative Tract Map No. 46628; and 2) Consider the issuance of a "4d" permit to allow the removal of Coastal Sage Scrub habitat on the property under the provisions of the Natural Communities Conservation Planning (NCCP) program. With the use of maps mounted for Council and audience viewing, Ms. Petru described the subject property, including area of development, the location of the view corridors and the wetlands /habitat areas. Additionally, she summarized the proposed modifications to the approved Vesting Tentative Tract Map No. 46628 "4d" Permit process, and a detailed description of the mitigating habitat measures all as described in the staff report. Continuing, Ms. Petru reported that due to a request from the United States Fish and Wildlife Service (Fish &Wildlife) to provide a better connection between the Coastal Sage Scrub habitat area on the subject site and other areas of habitat on nearby properties, the applicant was now requesting minor modifications to the approved Vesting Tentative Tract Map for the 79 lot single family residential project approved by the City in 1992. The Planning Commission and Staff found that the proposed changes to the approved map were extremely minor in scope and would not constitute a material change in the project and would actually improve the project in several respects. Therefore, the Planning Commission and Staff recommended that the City Council find that the "information only" map is in substantial conformance with approved Vesting 9 Tentative Tract Map No. 46628. In addition, the applicant requested that the City Council approve a "4d" permit to allow the removal of 7.14 acres of Coastal Sage Scrub habitat on the property in conjunction with the development of the approved project. Staff found that the proposed loss of Coastal Sage Scrub is consistent with the findings required by the NCCP Process Guidelines, including the finding that the 5% maximum interim loss will not be exceeded. However, with regards to the finding that the habitat loss will not preclude or prevent connectivity between areas of high habitat value, Staff does not agree with the Fish & Wildlife that the approval of the "4d" permit should be contingent on the City committing at this time to providing a corridor through the Point Vicente Interpretive Center property. This determination is more appropriately made through the preparation of the NCCP. In the meantime, adequate connectivity will be provided through the modifications to the project, the availability of "line of sight" to other habitats in the surrounding area and the fact that there are no immediate plans to develop the upper portion of the Point Vicente Interpretive Center site prior to the approval of the NCCP. The County property will remain essentially undeveloped, as it was when California gnatcatchers occupied the subject property in 1991. Therefore, Staff recommends approval of the "4d" permit. Concluding her remarks, Ms. Petru said that as an alternative to Staffs first recommendation, the Council could find that the "information only" map is in substantial conformance with the approved vesting tentative tract map, and direct Staff to prepare the appropriate Resolution for adoption at the next regular meeting. The applicant could then pursue a Final Map for the project that was approved by the City in 1992 or file for an amendment to the approved vesting tentative tract map. p Lois Larue, 3136 Barkentine Road, stated her opposition to this project. Representing J. M. Peters Company was Bob Trapp, 4100 MacArthur Blvd., Newport Beach, who explained that they felt comfortable with the esent plan and because the p approved tentative map expires in 1998 they would like to move ahead with this project. He explained how they changed the side split lots to flat pads and said that the maximum building ridgeheights are the same as it was on the old plan; the setbacks are City Council Minutes March 11, 1997 Page 2 also the same. They are happy with the plan as pre- approved but also want to accommodate the wishes of the Fish & Wildlife. Their intention was to get a plan that was approved and be under construction this summer. He then made a request for changes in the findings for the "4d" permit, which his attorney would elaborate on. J. M. Peter's Company attorney, Lindell Marsh, 4100 MacArthur Blvd., Newport Beach, clarified that the findings would apply to the "4d" rule. Council concerns focused on the fact that this was a new and unfamiliar process and that.they felt uncomfortable with the expediency by which the project was being moved along especially in light NCCP plan which was not yet approved. Additional concerns dealt with clarifying the NCCP plan as it related to future developments in the city: if a developer could ask for "4d" and "10A" permits; what would happen if the City dropped out of the NCCP plan if "4d" permits had been issued; and, the process of the NCCP vis -a -vis issuance of "4d" permits. Mr. Trapp explained that his company has financial commitments that will expire rapidly and felt that if they had to wait until the NCCP plan was approved first that their tract map would expire. The next area of concern was the fact that the Fish & Wildlife criteria was requiring the City guarantee connectivity across the property adjacent to this project which was not owned by the City nor the developer. The Council felt that this requirement was premature and may not be within the Council's purview. Councilman Byrd moved, seconded by Councilwoman Ferraro to adopt Resol. No. 97- 21 Determining That the "Information Map" Is in Substantial Conformance with Vesting Tentative Tract Map No. 46628. The motion carried on the following roll call vote: Ayes: Lyon, Byrd, Ferraro, Hollingsworth & Mayor McTaggart Noes: None Council discussion then focused on the "4d" permit requirements and whether it would prevent the establishment of the NCCP plan and the confusion that existed as a result of the Fish & Wildlife position on the issuance of a "4d" permit for the project. It was the consensus that staff should prepare a letter to send to Fish & Wildlife telling them that the City is willing to cooperate and that we have taken many steps in the past, as well as recently , to protect natural resources in the City, as well as actively participating in the NCCP program. Council was still, however, concerned that Fish & Wildlife was making demands on the City Council Minutes March 11, 1997 Page 3 City that were beyond its jurisdiction and inappropriate at this time. Recess: At 9:35 P.M. Mayor McTaggart declared a recess. The meeting reconvened at 9:44 P.M. Councilman Byrd moved, seconded by Councilwoman Lyon to not grant a "4d" permit. Council discussion of the motion dwelled on the fact that this was an unfamiliar process, that the proposal was put together rather hurriedly; and, that it would be best to hear such a proposal at a regular council meeting to get public input. The motion carried on the following roll call vote: Ayes: Ferraro, Byrd and Lyon Noes: Hollingsworth and Mayor McTaggart It was the consensus that staff should write a letter to Fish &Wildlife stating the reason why the City was not comfortable with this pressure to put restrictions on somebody else's property and articulate those things that the City has done in a positive way to promote the NCCP program. Another consensus reached was that staff should continue to look the possibility of issuing a "4d" permit and prepare a report on the general matter and not for the specific permit on the project before them. Eastview School Students - Mayor McTaggart reported on the school board meeting that he and Mayor Pro Tem Ferraro attended where the matter of transfers between the L. A. U.S. D. and the Peninsula School District was discussed and how the matter of desegregation was now complicating the issue. In a report prepared for the School District, no cases were cited which closely resembled the Eastview situation. Mayor McTaggart suggested that the School District be allowed to contact our City Attorney's Office to confer with their expert on this issue. It was the consensus that City Manager Bussey should communicate with Superintendent Chlebicki and request a copy of the authorities used by the District's attorney in the recent opinion prepared for the Board. AUDIENCE COMMENTS: Lois Larue extended an invitation to Council to attend the NCCP meeting scheduled on April 2, 1997. City Council Minutes March 11, 1997 Page 4 ADJOURNMENT: The meeting was adjourned on the at 10:00 P.M. on motion of Councilman Byrd. �1 A r 3 r #./ f ILL M yor ATTEST: N:\ GROUP \CITYCLRK \MINUTES \CCMINS\031197CC.WPD City Council Minutes March 11, 1997 Page 5