PC MINS 20080212 Approved
March 11, 2008
CITY OF RANCHO PALOS VERDES *rNI/
PLANING COMMIISSION MINUTES
REGULAR MEETING
FEBRUARY 12, 2008
CALL TO ORDER
The meeting was called to order by Chairman Gerstner at 7:08 p.m. at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Vice Chairman Perestarn led the assembly in the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman
Perestam, and Chairman Gerstner.
Absent: Commissioner Tomblin was excused.
Also present were Director of Planning, Building, and Code Enforcement Rojas, Deputy
Director Pfost, Senior Planner Schonborn, Senior Planner Alvarez, Associate Planner
Fox, and Associate Planner Mikhail
APPROVAL OF AGENDA
Director Rojas noted some new information related to Agenda Item No. 6, explaining
that staff recently confirmed that at the previous meeting for this item the public hearing
for this item was closed. Staff conferred with the City Attorney who confirmed that as a
result, the Planning Commission cannot consider anything new; meaning testimony,
public correspondence, and any new information from staff this evening. He explained
that it is the City Attorney's recommendation that the Planning Commission not hear this
item tonight, but rather direct staff to re-notice the item which will allow for the new
information to be presented.
The Planning Commission unanimously agreed that after Agenda Item No. 1 the
Planning Commission would reconsider the Agenda to move Item No. 6 to be heard
after Item No. 1.
COMMUNICATIONS
Director Rojas reported that at their February 5, 2008 meeting the City Council heard
the appeal of the Planning Commission's determination on the View Restoration Permit
on Rolling Ridge Road, but took no final action. He also distributed one letter of
correspondence related to Agenda Item No. 1.
Commissioner Knight reported that he received a phone call from Lynn Swank
regarding Agenda Item No. 1.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items)
None
PUBLIC HEARINGS
1. Conditional Use Permit & Grading Permit (Case No ZON2007-00100)•
30840 Hawthorne Blvd.
Senior Planner Schonborn presented the staff report, giving a brief history of the site
and the proposed project. He explained the scope of the project and the need for the
three required applications. He explained that staff has found the site is adequate in
size and shape to accommodate the proposed use and staff was able to make the
necessary findings in order to recommend approval of the project as conditioned in the
staff report. He noted that several inquiries have been made regarding this project and
the Conceptual Trails Plan, however he explained that staff did not feel there was a
nexus between the proposed expansion at the site to any type of connection to the trail
that may be called out in the Conceptual Trails Plan, and therefore no conditions of
approval have been included regarding this issue. He noted, however, that the
Salvation Army has been amenable to looking into some type of easement on the
property for a potential trail connection. He concluded by stating staff was
recommending the Planning Commission certify the Negative Declaration and approve
the Conditional Use Permit and Grading Permit as conditioned in the staff report.
Commissioner Knight asked if the Salvation Army at this location currently operates
under a Conditional Use Permit.
Senior Planner Schonborn answered that there is currently no Conditional Use Permit
that regulates the Salvation Army's operations at this location, noting that the use dates
back to before the General Plan was adopted.
Commissioner Knight asked staff if they had any concerns regarding the regulation of
the number of cadets living on the site, or any other issues, since there is no Conditional
Use Permit on the property.
Senior Planner Schonborn answered that staff has not had a concern, as the Salvation
Army has operated at the site for over 25 years without any problems.
Planning commission Minutes
February 12,2008
Page 2
Commissioner Knight noted that the number of potential units at the site will not
increase, however he was concerned that the potential number of occupants at the site
can increase, and asked staff if this had been considered.
Senior Planner Schonborn stated that was a possibility, explaining there will be fifty six
apartment units on the site and if a married couple in an apartment has children, the
children will add to the occupancy on the site.
Commissioner Knight discussed the low income housing, and asked if the students will
have to come to the City to apply for the,low income housing.
Senior Planner Schonborn explained that because of the nature of Crestmont College,
the students would likely qualify as low income residents and will not have to come to
the City for qualification. He noted that the City Attorney suggested conditions 13 and
14 be incorporated into the conditions of approval.
Commissioner Knight asked staff if drainage and the transference of softscape to
hardscape have been addressed.
Senior Planner Schonborn answered that NPDES requirements have been reviewed by
the City consultant and that drainage and hydrology issues will be addressed in Building
and Safety during the plan check process.
Commissioner Knight asked if there will be any changes to the exterior illumination with
the proposed addition.
Senior Planner Schonborn answered that there will be no change to the exterior
illumination.
Commissioner Knight noted several high bushes and vegetation along the property and
asked if the area was considered a view corridor from Hawthorne Blvd.
Senior Planner Schonborn answered that it may be a view corridor, however
notwithstanding, staff did not believe the vegetation caused a significant view
impairment.
.Commissioner Tetreault asked staff, in reducing the number of units from 60 down to 36
apartment style units, if any representations were made by the City to the applicant with
regards to their ability to recapture the number of units they were losing by the remodel.
Senior Planner Schonborn explained there was not any such representation made by
the City, and that each application is looked at on its merit.
Chairman Gerstner opened the public hearing.
Planning Commission Minutes
February 12,2008
Page 3
Richard Dilday (representing the Salvation Army) stated he was available to answer any
questions.
Vice Chairman Perestam asked if the Salvation Army was willing to work with the City in
terms of the Conceptual Trails Plan.
Mr. Dilday answered that the Salvation Army is just waiting for the City to send a formal
request for the easement, as they are receptive to granting a trail easement along Palos
Verdes Drive South.
Commissioner Knight asked if there would be any objection to trimming some of the
bushes along Hawthorne Boulevard to re-establish the possible view corridor.
Mr. Dilday answered that there would be no objection to trimming the vegetation along
Hawthorne Boulevard.
Sunshine stated that she would like to see a mechanism in place to ensure the City and
the Salvation Army work together to establish a trail easement on the property, as it is a
critical link in the Palos Verdes Loop Trail. She stated that volunteers will be building
the trail and she did not want the Salvation Army to have to spend any money for the
construction of the trail.
Mr. Dilday (in rebuttal) repeated that the Salvation Army is willing to grant the trail
easement, and is willing to work with staff on how that trail will be built, which he felt is a
topic for outside of this meeting.
Chairman Gerstner closed the public hearing.
Vice Chairman Perestam questioned whether staff will have to do a view analysis to
determine which trees on the Salvation Army are creating a view impact and need to be
trimmed.
Senior Planner Schonborn stated that the Planning Commission can continue this
hearing to allow staff to do a more thorough analysis, or the Planning Commission can
read into the record a condition that stipulates that any trees that significantly impair a
view within a view corridor along Hawthorne Boulevard be trimmed to the satisfaction of
the Director.
Commissioner Lewis asked staff if a condition should be added to the Conditional Use
Permit, similar to ones that have been added to other Conditional Use Permits, that
once the project is completed there be a six month or one year review before the
Planning Commission.
Director Rojas answered that such a condition can be added, however that is more
typical for commercial uses to review the operation and make any necessary
adjustments.
Planning Commission Minutes
February 12,2008
Page 4
Commissioner Lewis noted that a topic to review after time may be a cap on enrollment,
if necessary. He also noted that without such a review there would not be any way to
deal with complaints or concerns from the neighbors.
Director Rojas noted that the City would have the opportunity to address a cap on
enrollment when and if the Salvation Army applies to any further expansion to the site.
Commissioner Knight discussed the view corridor, stating that he would be satisfied with
a condition of approval that the trees be,trimmed to the satisfaction of the Director.
Commissioner Ruttenberg asked staff how long it will take to establish a trail easement
on the Salvation Army property.
Director Rojas explained that it is very difficult to estimate the time frame, but guessed it
may take two to three months. He noted that when a trail would be constructed on the
easement is a different issue.
Commissioner Ruttenberg did not feel that specific conditions were needed,to address
the foliage trimming, as he was confident the Salvation Army would voluntarily do so.
He also felt that they would cooperate with the City in granting the easement for the
trail.
Commissioner Ruttenberg moved to adopt staff's recommendations as
presented, seconded by Chairman Gerstner.
Commissioner Tetreault agreed with Commissioner Ruttenberg's comments regarding
the Salvation Army, however he also did not think the Salvation Army would mind the
addition of these conditions of approval. He felt that if one were to contrast and
compare the treatment the Planning Commission is affording the Salvation Army versus
other applicants, there might be an issue. He stated that it is not a matter of trust, but
rather a matter of consistency, and would therefore like to see the conditions of
approval modified to require the trees be trimmed to the satisfaction of the Director. He
also suggested a follow-up to the trail easement issue, and suggested agendizing the
item in six months for staff to give the Planning Commission an update on the progress.
He also agreed with Commissioner Lewis that the Conditional Use Permit should be
reviewed, possibly one year after the certificate of occupancy is issued for the new
construction. He felt this was necessary to give the Commission a chance to review
what has happened at the site and discuss any issues the public may have regarding
the addition.
Commissioner Lewis moved to amend the motion to include a Planning
Commission review of the Conditional Use Permit one year after the certificate of
occupancy has been issued and an additional condition that the trees on
Hawthorne Boulevard be trimmed to the satisfaction of the Director.
Planning Commission Minutes
February 12,2008
Page 5
Commissioner Ruttenberg accepted the amendment to the motion regarding the
trimming of the trees on Hawthorne Boulevard, seconded by Chairman Gerstner.
Chairman Gerstner was concerned about the amendment to include a one year review
of the Conditional Use Permit. He stated he was not necessarily opposed to such a
condition, but felt that the condition should be more focused and specific as to what is to
be reviewed.
Commissioner Ruttenberg was also uncomfortable with the condition, as he did not
think the change being requested in the.number of units with this application was
substantial.
Commissioner Ruttenberg amended his motion to accept the Negative
Declaration and approve the Conditional Use Permit as presented by staff with
the added condition that the foliage along Hawthorne Boulevard be trimmed to
the satisfaction of the Director, seconded by Chairman Gerstner.
Chairman Gerstner asked the Planning Commission if they felt some sort of review was
necessary regarding the trail easement, noting that the review would not slow down this
process, but would merely be a report to the Planning Commission on the progress.
Commissioner Ruttenberg questioned why that would need to be an agenda item, as
the Planning Commissioners could just ask staff how that trail easement was
progressing.
Commissioner Tetreault felt it was important to have the item agendized for a future
meeting, only to update the Commission on the progress.
The motion to adopt P.C. Resolution 2008-07 thereby certifying the Negative
Declaration and P.C. Resolution 2008-08 approving the Conditional Use Permit
and Grading Permit as amended was approved, (5-1) with Commissioner Lewis
dissenting.
Commissioner Tetreault moved that staff report back to the Planning Commission
in approximately 90 days, via an agendized item, the status of the trail easement
negotiations, seconded by Commissioner Lewis. Approved, (6-0).
The Planning Commission unanimously agreed to move Agenda Item No. 6 to be the
next item discussed.
CONTINUED BUSINESS
6. View Restoration Permit (Case No. VRP 2006-00027): 3103, 3109, 3117,
3125, 3131, and 3139 Dianora Drive and 3102 Corinna Drive
Planning Commission Minutes
February 12,2008
Page 6
Commissioner Ruttenberg and Vice Chairman Perestam recused themselves from the
item and left the dais.
Director Rojas stated that, given the City Attorney's input, it is staff's recommendation
that the Planning Commission direct staff to re-notice the item to the March 25, 2008
Planning Commission meeting.
The Planning Commission unanimously agreed to direct staff to re-notice this item to
the March 25 2008 Planning Commission meeting.
PUBLIC HEARINGS
Commissioner Ruttenberg and Vice Chairman Perestam returned to the dais.
2. Preliminary review of proposed General Plan Housing Element amendment
Senior Planner Schonborn presented the staff report, giving a brief background and the
need to update the General Plan Housing Element. He explained that staff has been
working with the consultant hired by the City and has prepared a preliminary draft
Housing Element, which is before the Planning Commission. He explained Ithat staff is
presenting this to the Planning Commission as an informational item and to seek input
from the Planning Commission and the public before forwarding it to the City Council for
approval before sending the draft document to the State for review.
Commissioners Tetreault and Knight asked for clarifications on several specific sections
of the draft document.
Deputy Director Pfost clarified issues and also explained that the items in the Housing
Element are a projection, as this is a goal setting document. He explained that staff
determines, as best as possible, how the City can address the need as presented by
the State.
Chairman Gerstner opened the public hearing, and there being no speakers,
closed the public hearing.
The Planning Commission unanimously approved staff's recommendation to forward
the preliminary draft Housing Element to the City Council for review.
Commissioner Ruttenberg suggested hearing Agenda Item No. 4 before Agenda Item
No. 3, as it also deals with the Housing Element. The Planning Commission agreed.
NEW BUSINESS
4. Annual report on the implementation of the Housing Element
Planning Commission Minutes
February 12,2008
Page 7
Associate Planner Mikhail presented the staff report, giving a brief background and what
the Housing Element should provide. She briefly described the annual report and the
forms required by the State. She explained that Staff believes the goals and policies of
the City's Housing Element continue to be implemented by the actions taken by the
City.
Commissioner Tetreault moved to accept the report and forward the report to the
City Council, seconded by Commissioner Knight. Approved, (6-0).
The Planning Commission unanimously,agreed to hear Agenda Item No. 5 before
Agenda Item No. 3.
5. Annual report on the implementation of the General Plan
Associate Planner Mikhail presented the staff report, explaining the need for the report
and a brief review of the contents of the report. She stated that staff believes the goals
and policies of the City's General Plan continue to be implemented. Therefore staff
recommends the Planning Commission direct staff, via minute order, to forward the
report to the City Council.
Commissioner Knight moved to accept the Annual Report, and forward it to the
City Council, seconded by Commissioner Tetreault. Approved, (6-0).
PUBLIC HEARINGS (cont)
3. Residential Development Standards Steering Committee Code Amendment
and zone change (Case No. ZON2007-00377):
Associate Planner Fox presented a brief staff report, explaining that the
recommendations that were made by the Residential Development Standards Steering
Committee and presented to the City Council were used as a basis for the proposed
code amendments. He discussed the different categories of changes proposed for the
Eastview area, including setbacks, zoning, and the proposed Mira Vista overlay district.
Commissioner Tetreault noted that in reviewing the City Council minutes, the City
Council had said they wanted the Planning Commission to perform a comprehensive
review of the entire proposal and all of the alternatives that may not have been part of
the recommendations. He stated that he did not know what the alternatives were that
were not adopted, and why they were not adopted.
Associate Planner Fox referred the Planning Commission to page 31 of the staff report
where there is a table that summarizes the issues discussed by the Committee, and
includes issues that weren't acted upon.
Planning Commission Minutes
February 12,2008
Page 8
Chairman Gerstner agreed that the Planning Commission should review and discuss
the proposed code amendments, but suggested reviewing only a set number at each
meeting. He asked staff if they could put together a program that would allow for the
review of these proposed code amendments at the next several meetings.
Associate Planner Fox answered that staff would be able to do that, noting that staff has
already tentative planned to put this item on each first agenda of the month. He stated
that at the next meeting staff will present an overall schedule of which items will be
discussed at which meetings.
The Planning Commission unanimously agreed to continue this item to the March 11,
2008 meeting.
APPROVAL OF MINUTES
7. Minutes of January 8, 2008
Commissioner Knight noted a clarification on page 4 of the minutes.
Commissioner Tetreault moved to approve the minutes as amended, seconded by
Vice Chairman Perestam. Approved, (6-0) with Commissioner Knight and
chairman Gerstner abstaining from the portions of the meeting that they did not
participate.
8. Minutes of January 22, 2008
Commissioner Tetreault moved to approve the minutes as presented, seconded
by Commissioner Knight. Approved, (6-0).
ITEMS TO BE PLACED ON FUTURE AGENDAS
9. Pre-Agenda for the meeting of February 26, 2008
The pre-agenda was discussed and approved.
ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
Planning Commission Minutes
February 12,2008
Page 9