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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