PC MINS 20110809 proved
September 1 , 2011
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION MINUTES
REGULAR MEETING
AUGUST 9, 2011
CALL TO ORDER
The meeting was called to order by Chairman Tomblin at 7:09 p.m. at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Commissioner Knight led the assembly in the Pledge of Allegiance.
ATTENDANCE
Present: Commissioners Emenhiser, Knight, Leon, Vice Chairman Tetreault, and
Chairman Tomblin. Commissioner Gerstner arrived after agenda item No.
1.
Absent: Commissioner Lewis was excused
Also present were Community Development Director Rojas and Associate Planner Fox.
APPROVAL OF AGENDA
The Agenda was unanimously approved as presented.
COMMUNICATIONS
Director Rojas reported that at their August 2nd meeting the City Council approved the
clean-up zone change related to a lot on Maritime Drive. He also reported that the City
Council conducted an interpretation review of the Marymount College conditions of
approval and affirmed which conditions apply now versus later. He also noted that an
appeal of the Planning Commission's denial of a second story addition on LaGarita
Drive is scheduled to be heard by the City Council at its August 16th meeting.
Director Rojas distributed three letters and one map for agenda item No. 3.
Commissioner Knight reported that he received an email related to agenda item No. 3
which was distributed to the Planning Commission.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items):
None
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION MINUTES
REGULAR MEETING
AUGUST 9, 2011
CALL TO ORDER
The meeting was called to order by Chairman Tomblin at 7:09 p.m. at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Commissioner Knight led the assembly in the Pledge of Allegiance.
ATTENDANCE
Present: Commissioners Emenhiser, Knight, Leon, Vice Chairman Tetreault, and
Chairman Tomblin. Commissioner Gerstner arrived after agenda item No.
1.
Absent: Commissioner Lewis was excused
Also present were Community Development Director Rojas and Associate Planner Fox.
APPROVAL OF AGENDA
The Agenda was unanimously approved as presented.
COMMUNICATIONS
Director Rojas reported that at their August 2nd meeting the City Council approved the
clean-up zone change related to a lot on Maritime Drive. He also reported that the City
Council conducted an interpretation review of the Marymount College conditions of
approval and affirmed which conditions apply now versus later. He also noted that an
appeal of the Planning Commission's denial of a second story addition on LaGarita
Drive is scheduled to be heard by the City Council at its August 16th meeting.
Director Rojas distributed three letters and one map for agenda item No. 3.
Commissioner Knight reported that he received an email related to agenda item No. 3
which was distributed to the Planning Commission.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items):
None
CONSENT CALENDAR
1. Code Amendment (Case No. ZON2010-00293):
Director Rojas explained that this item is a Resolution reflecting the Planning
Commission decision from a previous meeting. He stated that pursuant to the Planning
Commission rules, the City Attorney has noted that the Planning Commission can
change their decision before adopting the Resolution. He also explained that if a
Commissioner wants their vote reflected as a "no" vote, then he should vote "no" on the
Consent Calendar.
Vice Chairman Tetreault moved to approve the Consent Calendar, seconded by
Commissioner Emenhiser.
Commissioner Leon stated that he has re-thought his position on this particular item,
explaining he.believes 42 inches is too restrictive as an absolute limit and will change
his vote to "no".
The Consent Calendar was approved, (3-2) with Commissioners Leon and Knight
dissenting.
Commissioner Gerstner arrived shortly after the vote, expressing his apology for being
late. He noted that he had wanted to take part in the vote for this item and asked staff if
that was possible.
Director Rojas explained that a vote was taken, however if a Commissioner who voted
in the affirmative wants to reopen the item for reconsideration, he may do so.
Vice Chairman Tetreault moved to reopen the item for reconsideration, seconded
by Chairman Tomblin. The motion was approved, (6-0).
Commissioner Gerstner explained that he had made statements at the previous
meeting that he felt the hedges could be higher, but felt the City was proposing to
significantly increase staff's requirements and did not think that expansion of City
involvement was necessary. He therefore intended to vote "no" on the Consent
Calendar item.
Commissioner Emenhiser moved to continue the Consent Calendar to a meeting
where all seven Commissioners are in attendance, seconded by Commissioner
Knight.
Commissioner Knight explained that he made the second on the motion since the vote
with Commissioner Lewis in attendance could result in a different result than if the vote
were made at this meeting. He felt it was important that all of the Commissioner's vote
be reflected.
Planning Commission Minutes
August 9,2011
Page 2
The motion to continue the Consent Calendar to a meeting where all seven
Commissioners are in attendance was approved, (7-0).
CONTINUED BUSINESS
2. Site Plan Review (Case No. ZON2011-00083): 30800 Palos Verdes Drive
East
Director Rojas presented the staff report, explaining the item is a request for roof
equipment at Marymount College. He noted that at a previous hearing the Commission
raised several questions, and staff has received a request from the applicant requesting
more time to adequately address those issues. Therefore, staff is recommending the
public hearing be continued to the September 13, 2011 meeting.
Chairman Tomblin asked the Director if there is now clear direction from the City
Council as to whether or not the roof equipment is allowed under the Conditional Use
Permit.
Director Rojas responded that the City Council has determined that Marymount is
operating under the Conditional Use Permit that the City Council approved last year,
and the City Council further clarified which conditions of approval apply now versus
later. Therefore, there is no issue that this proposal is inconsistent with the Conditional
Use Permit or that it needs a CUP revision.
Commissioner Knight moved to continue the public hearing to September 13,
2011 as recommended by staff, seconded by Commissioner Emenhiser.
Approved, (6-0).
NEW BUSINESS
3. General Plan Consistency Finding (Case No. ZON2010-00210): Cherry Hill
Lane
Associate Planner Fox presented the staff report, explaining the City Council had
recently agreed to purchase a tax defaulted property on Cherry Hill Lane for public
purposes, specifically landslide abatement and storm water management. As noted in
the staff report, the Government Code requires the planning agency of the City to make
a determination of consistency with the General Plan when a City acquires property. He
stated that staff believes that acquisition of the property is consistent with the goals and
policies of the General Plan and therefore staff has prepared a Resolution of adoption.
Chairman Tomblin noted that the Commission's discussion should not be whether or not
it was a wise decision for the City to purchase the property, but rather if the purchase
would conform with the General Plan.
Planning Commission Minutes
August 9,2011
Page 3
Director Rojas agreed, noting that last week the City Council gave the direction to
purchase the process, and determining if the purchase is in conformance with the
General Plan is a procedural step that must be followed.
Commissioner Leon commented that the City Council is saying the land will be used for
trails and open space, and the land is zoned Open Space Hazard. He felt this could
allow the Planning Commission to say trails and open space is consistent with the
General Plan, but questioned if the City Council can then later do something different
with the land that may not be consistent with the General Plan.
Associate Planner Fox clarified that the stated potential purpose for acquiring the land is
for landslide abatement and storm water management, and that is the basis under
which the analysis in the staff report was based.
Director Rojas added that the action before the Commission is related only to the
acquisition of the land. What the City ultimately does with the property will be
determined by the City Council.
Commissioner Knight shared with the Commission that he used to go to tax sales
himself, and there are a lot of investors that are willing to take high risks at these tax
sales with distressed properties. He felt that if this property goes to a private party they
will most likely push hard to try to develop the property and could end up costing the
City much more than the purchase price of the property.
Commissioner Knight moved to adopt staff's recommendation that the City's
purchase is consistent with the General Plan, seconded by Commissioner
Emenhiser. PC Resolution 2011-28 was approved, (6-0).
APPROVAL OF MINUTES
4. Minutes of July 26, 2011
Vice Chairman Tetreault moved to approve the minutes as presented, seconded by
Commissioner Knight. Approved without objection.
ITEMS TO BE PLACED ON FUTURE AGENDAS
5. Pre-Agenda for the meeting of August 23, 2011
The Commission reviewed and accepted the pre-agenda.
Vice Chairman Tetreault noted that he will not be at the August 23rd meeting.
ADJOURNMENT
The meeting was adjourned at 8:32 p.m.
Planning Commission Minutes
August 9,2011
Page 4