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PC MINS 20090310 Approved April 28, 09 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING MARCH 10, 2009 CALL TO ORDER The meeting was called to order by Chairman Lewis at 7:08 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. FLAG SALUTE Commissioner Tetreault led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Gerstner, Knight, Perestam, Ruttenberg, Tetreault, Tomblin, and Chairman Lewis Absent: None Also present were Director of Planning, Building, and Code Enforcement Rojas, Principal Planner Mihranian, APPROVAL OF AGENDA The Agenda was unanimously approved as presented. COMMUNICATIONS Director Rojas reported that at the March 3, 2009 City Council meeting the Council approved the proposed affordable housing project. Director Rojas distributed one item of correspondence for Agenda Item No. 4 and one item of correspondence for Agenda Item No. 5. 1. Selection of Vice Chairman of the Planning Commission Commissioner Tetreault nominated Commissioner Ruttenberg, however Commissioner Ruttenberg declined the nomination. Commissioner Perestam nominated Commissioner Gerstner, and he was selected as Vice Chairman without objection. COMMENTS FROM THE AUDIENCE (regarding non-agenda items): None CONSENT CALENDAR . Zone Text Amendment for Conditional Use Permits in the CL Zone Director Rojas noted that there was a public speaker for this item, therefore the item was moved off of the Consent Calendar. 3. Annual Report on the implementation of the Housing Element Commissioner Tetreault moved to approve the Consent Calendar, seconded by Commissioner Tomblin. Approved without objection. The annual report on the implementation of the Housing Element was therefore forwarded to the City Council for approval. CONTINUED BUSINESS 2. Zone Text Amendment for Conditional Use Permits in the CL Zone Director Rojas stated that this item is the Resolution that memorializes the decision made by the Planning Commission regarding the zone text amendment. He stated that the public hearing for this item was closed; therefore any public speakers can only speak on whether or not the Resolution reflects the decision that the Planning Commission made on February 24, 2009. Further, the Commissioners must limit their comments to the same. Connie Semos stated that her understanding from the previous meeting was that the motion was to delete items C, I, and K from the Municipal Code. She did not recall a discussion regarding Section 17.14.020, uses and activities permitted, specifically sections F and Q. She questioned that without a specific motion from the Commission if those changes could be made by staff. Director Rojas explained that in addition to the proposed changes to implement City Council directive, staff had noted in the February 24, 2009 staff report that there were some "clean-up" changes needed to the Code, which were reflected in the last draft. Staff understood that the Commission's direction to remove the three uses (C, I, and K), included "clean-up" changes as presented by staff, as staff was not directed to delete or change any of this language. Given that direction on "clean-up" amendments was not explicitly included in the Commission's motion, Director Rojas suggested striking the "clean-up" items, and when this item goes before the City Council staff will recommend Planning Commission Minutes March 10,2009 Page 2 these "clean-up" changes also be made. Therefore, the Resolution before the Planning Commission will be modified to only strike out the three uses discussed (C, I and K). Commissioner Ruttenberg moved to adopt P.C. Resolution 2009-08 as amended to more accurately reflect the Planning Commission's decision, thereby approving the amendment to Chapter 17.14 to delete certain conditionally permitted uses listed, seconded by Commissioner Perestam. Approved, (5-0-2) with Commissioner Tomblin and Vice Chairman Gerstner abstaining. 4. Marymount College facilities expansion project— review of Final EI R (Case No. ZON2003-00317 / Conditional Use Permit No. 9 — Revision 'E', Grading Permit and Variance Commissioners Perestam, Ruttenberg, and Tetreault recused themselves from this item and left the dais. Principal Planner Mihranian presented the staff report, explaining that at Marymount College's request, the College is seeking a continuance of tonight's public hearing to March 24th. However, because that date is not an available date for the City's consultants, staff is recommending the public hearing be continued to March 31st. Staff is also requesting the Planning Commission identify a schedule for the remaining public hearings. He noted possible available dates. Chairman Lewis noted that Lois Karp has also requested a continuance of the public hearing to May 26th. He asked staff if they had an opinion on this request. Director Rojas answered that staff has no opinion, as it is up to the Planning Commission on whether to grant the requested continuances. Don Davis (representing Marymount College) thanked the Commission for considering the continuance dates, as Dr. Brophy is unable to attend the currently scheduled meeting. He noted that Dr. Brophy is the sole authorized representative of Marymount College. He stated that the College agrees with and fully supports the schedule suggested by staff. He asked that the Commission deny the request by Lois Karp to continue the public hearing to a date in May, as he felt it is unprecedented for a single project opponent to have any ability to continue a processing schedule. He also .questioned who the CCCME represents, as he has never seen a membership list of those it represents. Chairman Lewis noted that because of professional obligations, if the current schedule is agreed upon he may be delayed and late for a meeting, and that at 11:00 p.m. he will have to leave the meeting. He noted that if he is late or once he has to leave there will no longer be a quorum. He asked Mr. Davis if, knowing this risk, he wanted to proceed with the schedule presented by staff. Planning Commission Minutes March 10,2009 Page 3 Mr. Davis explained that it is his objective to get the process restarted, whether it be March 31St or some time shortly after that date. Lois Karp stated that CCCME is in favor of Dr. Brophy asking for a continuance. She stated that CCCME Incorporated represents the individual homeowners who live in the vicinity of the college, and they are a registered interested party and have been part of the proceedings for nine years. She hoped the Planning Commission will afford her the same privilege given to Dr. Brophy and continue the May 12th hearing date to May 26th Commissioner Knight asked if there is anyone else in the organization who could be present on May 12 h that can present the organizations positions and responses. Ms. Karp answered that there are always people who can speak in her place, however she is the one who has always spoken for CCCME and she would like to continue to do so. The Commissioners discussed the different options and dates available for the public hearings. Vice Chairman Gerstner noted that meetings have been continued and changed to accommodate schedules, and the Commission should do the same for Ms. Karp and her request to change the May 12th meeting to May 26th. He favored meetings on March 31St, April 14th and May 26th, with the May 26th staff report distributed by May 12th Commissioners Tomblin and Knight agreed. Vice Chairman Gerstner moved to continue the public hearing to March 31, 2009 and to set the hearing schedule as March 31, April 14, May 26 and June 9 as tentative dates. Further, the staff report for the May 26th meeting is to be distributed to the public no later than May 2, 2009. Mr. Davis felt that the listed dates will work with Dr. Brophy's schedule. Ms. Karp was also agreeable to the suggested dates. Commissioner Tomblin noted that he may have a conflict with the June 9th date, but wasn't sure at this time. Vice Chairman Gerstner amended the motion to not include the June 9th date at this time. The motion was seconded by Commissioner Knight and approved (4- ). APPROVAL OF MINUTES 5. Minutes of January 27, 2009 Commissioners Perestam, Ruttenberg and Tetreault returned to the dais. Planning Commission Minutes March 10,2009 Page 4 Commissioner Ruttenberg noted the letter regarding the minutes from Mr. and Mrs. Aelony. He noted that the minutes are a summary of the proceedings, and felt some of the things Mrs. Aelony has requested be added to the minutes are a bit argumentative. He stated that the entire meeting is recorded and if issues arise in the future, the tape can be reviewed. He did not want to start a precedent with applicants coming before the Commission and trying to fine tune the meeting minutes. Vice Chairman moved to approve the minutes as presented, seconded by Commissioner Knight. Approved, (7-0) with Commissioners Perestam and Ruttenberg abstaining from item No. 4 and Commissioner Tetreault abstaining from item Nos. 2 and 4. ITEMS TO BE PLACED ON FUTURE AGENDAS 6. re-agenda for the meeting on March 24, 2009 The pre-agenda was reviewed and approved. ADJOURNMENT The meeting was adjourned at 7:47 p.m. Planning Commission Minutes March 10,2009 Page 5