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PC MINS 20131022 Approved November 12, 2013 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING OCTOBER 22, 2013 CALL TO ORDER The meeting was called to order by Chairman Emenhiser at 7:03 p.m. at the Fred Hesse Community Room, 29301 Hawthorne Boulevard. FLAG SALUTE Commissioner Gerstner led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Gerstner, Nelson, Tomblin, Vice Chairman Leon, and Chairman Emenhiser Absent: Commissioners Tetreault and Lewis were excused. Also present were Community Development Director Rojas and City Geologist Lancaster. APPROVAL OF AGENDA The Agenda was unanimously approved as presented. COMMUNICATIONS Director Rojas reported that at their October 15, 2013 meeting the City Council initiated a Development Code amendment to decrease the allowable construction hours in the City. He also reported that the City Council agreed to amend the Municipal Code to set four year term limits for Planning Commissioners, which is consistent with current City policy, and to set a limit of up to eight years. Director Rojas distributed nine letters of late correspondence related to agenda item No. 1, COMMENTS FROM THE AUDIENCE (regarding, non-agenda items): Sunshine questioned if agenda item No. 1 was limited to the Gateway Park proposal or if all of the General Plan update process was open for discussion. She asked if any of the Commissioners had attended the September 2009 General Plan Workshop. She felt staff should produce a Land Use Map that shows all of the approved land use amendments to the General Plan so the public can see the cumulative changes that have been made before new changes are discussed. CONTINUED BUSINESS 1. General Plan band Use Map update — Gateway Park Director Rojas presented the staff report, briefly giving a history and background of Gateway Park. He discussed the current proposed area for Gateway Park, noting that the area has been conceptually approved by the Public Works Department since it will not interfere with projects that the Department has planned in the future, as well as the PV Peninsula Land Conservancy. He explained one of the biggest issues with Gateway Park is the use, noting the public has been very vocal in voicing opinions on whether the use should be active or passive, as well as comments on the hazards present at the area. He stated staff is recommending the area be designated Passive Recreation, one reason being its proximity to surrounding residential neighborhoods but mainly because of the landslide, noting the area is moving. He explained that since the Planning Commission does not deal with landslide remediation projects or moratorium issues, he felt it would be helpful to invite the City Geologist to this meeting to explain the landslide movement in this area. Jim Lancaster (City Geologist) discussed landslide movement within the Gateway Park area, including the rate the land is moving, the reasons the land is moving, and the subsidence in the area. Director Rojas explained that this area is monitored very closely to see where cracks are appearing and there is a plan in place to deal with these cracks so the public is not put in hazardous situations. Therefore, staff believes a Passive Recreation designation is appropriate, as this would allow activity in the area in a way that can be monitored and managed. He also noted that the landslide movement being discussed by the City Geologist was from October 2011 through September 2012. Mr. Lancaster continued explaining the landslide in the Gateway Park area, noting that movement can happen in one spot or it can happen in many spots within the area. Therefore, even though the land is moving, one can walk in the area on a daily basis and not see large cracks in the land. He stated he did not think it a good idea to put buildings with foundations in the area and parking lots should not be paved. Vice Chairman Leon stated he is a resident of the Portuguese Bend community, but on. the west side where the movement is much slower. He stated he was also a member of the Equestrian Committee, as well as the PUMP Committee that worked on the Vision Plan. He stated that he felt he could bring his knowledge from this work to the table without any form of prejudice. Planning Commission Minutes October 22,2013 Page 2 Commissioner Nelson noted the underlying zoning is Agriculture and Residential, and asked staff if there are any residential homes in this area or any agricultural activity in the area. Director Rojas answered there are no homes or agricultural activity in the Gateway Park area. Vice Chairman Leon asked Mr. Lancaster if there are any practical remediation techniques that can be used at Gateway Park that would provide for safe equestrian use, or for the use of arenas and stable areas. Mr. Lancaster noted cracks in the ground are a dangerous thing for horses. He suggested the possibility of grading areas so they are more level for equestrian use or cracks can be excavated and filled. He stated that in these types of areas there is a tendency to put in soft materials into arenas and other areas where horses are present, such as wood chips or soft dirt. He explained that this can mask a lot of issues with the ground, and that can be a problem. However, doing diligent maintenance can avoid many of the problems. He felt that in areas of movement of one to two feet per year it is possible to do the maintenance and keep the area under control. Vice Chairman Leon asked staff if the right-of-way for the road is identified through a GPS location. Director Rojas explained the City's position that legal lot lines and rights-of-way do not move, but the land does. He noted the road through the area has moved, but the City has the legal right to put the road back to where the actual road easement is located. Commissioner Tomblin noted that staff has recommended against Active Recreation because of the dangers of land activity, however there is discussions of grading for parking lots and other uses. He asked staff to explain the discrepancies. Mr. Lancaster clarified the proposed parking lot is already a fairly level area and gravel would be placed in the area. He explained his concern with putting structures in an area with this type of land movement, as this type of land movement will have consequences on a structure, Director Rojas added that what is guiding staff's recommendation is not only the geology issues, but the Planning Commission's earlier decision, that the current definitions of active and passive recreation be kept as is. He read the definitions of active and passive recreation, explaining staff felt the area is more conducive to passive recreation. Commissioner Tomblin asked if conditions could be added to a passive recreation approval that certain activities would not be allowed. Planning Commission Minutes October 22,2013 Page 3 Director Rojas clarified that conditions was not the right term, as this is not a project before the Commission. However, in the subject zoning text amendment which is proposed by staff to create the allowable uses for properties with recreational passive or active zoning designations, parameters can be set as to what sort of use is allowed. While that will set the parameters for all passive recreation sites in the City, this site is unique because of the landslide and the Commission may wish to create a section that discusses passive recreation uses in landslide areas which has a different set of stricter parameters. Commissioner Tomblin asked staff if they have a vision of what Gateway Park will look like with the passive designation. Director Rojas explained staff envisions, for the near term, the gravel parking lot and trail heads. He added that at some point if the City Council or a group wants to propose additional uses it will have to go through a public hearing to determine if that use is compatible with the land use designation of Passive Recreation. Chairman Emenhiser asked if this area will be deeded to the Land Conservancy at some point. Director Rojas explained that the entire former Hon property, including all of the proposed Gateway Park, is owned by the City and there will be a final NCCP conservation easement on the preserve portion, with the Conservancy overseeing the conservation easement. Since Gateway Park will be excluded from the Preserve, it will be City owned and managed, and the Conservancy will have no say in terms, of what goes there unless uses impacts the Preserve in some way. Chairman Emenhiser opened the public hearing. Robert Maxwell stated he was representing Portuguese Bend Community Association and referenced a letter from the PBCA meeting expressing their hope that the City will continue with the passive use at Gateway Park. Bob Mucha stated he lives in the Ladera Linda area adjacent to Forrestal. He stated he at this meeting to endorse the parking needs to satisfy this park's activity. He explained that cars to the area handle hikers, walkers, picnickers, children, bike riders, horse trailers, buses handling students, emergency vehicles, and maintenance vehicles. He stated he fully supports dirt or gravel roadways in the areas, as well as a dirt or gravel parking area. Chris Del Moro expressed concerns regarding the Gateway Park project, especially in regards to the dangers he sees in the area. He noted a crack in the proposed passive area that heads due west, is about 80 yards long, three feet wide, and is approximately seventeen feet deep. He did not think a parking lot was a good idea, and felt the area should stay exactly as it currently is. He did not think the zoning should change, stating it is zoned hazard for a good reason. He was, in favor of equestrian use, hiking use, and Planning Commission Minutes October 22,2013 Page 4 bike use in the area, but was not in favor of a horse stable or corral. He urged the Commission to not change the zoning and keep the property as is. Maggie Orli stated she would like to see the zoning stay as it currently is. She agreed with the comments made by the former speaker, reiterating that the area is unstable and dangerous. Al Edgerton stated he was representing Del Cero HOA, noting they worked very hard to raise the money for the Preserve and are delighted that the area is there. He noted that all of the visitors to the Preserve have created what he felt was an unsafe situation in the Del Cero community with all of the people and parking issues. He noted that the knowledge of the stat of the landslide has advanced over the years, and the Portuguese Bend Preserve badly needs more access as there are currently only two means of public access. He was concerned that without rezoning the area to either active or passive there would not be a way to put in a parking lot, and he felt it was important to have a place for visitors to park. Commissioner Tomblin asked staff if a zone change was necessary in order to facilitate some parking. Director Rojas noted that the location of the proposed parking lot straddles the Hazard and the Residential zoning districts. He explained that staff believes the code allows this type of parking lot in Hazard areas, and in the Residential district with a Special Use Permit. Sunshine explained this area is often referred to as the "sandbox", and explained to the Commission how the area got that name, with connections to grading and the landslide. She pointed out that not all of the land in the Gateway Park is in the active landslide and moving, but is in the moratorium. She questioned staffs choice of the area used to designate the border to Gateway Park, pointing out that it's an old dirt road in an active landslide. Commissioner Tomblin referred to Sunshine's October 22nd email to the Deputy Director, and asked Sunshine to clarify if her objection was that a change in zoning would not be consistent with the General Plan. Sunshine clarified that she felt all of the changes in regards to uses and parkland designations should be presented when the City owns or buys the property, and should be processed as an amendment to the General Plan, with separate public hearings for each parcel. She felt this was a better system than lumping all of the properties together and having one big review of one big change to the General Plan. She stated it was a concern with the process being used. Commissioner Tomblin asked Sunshine if her preference was active or passive use for Gateway Park. Planning Commission Minutes October 22,2013 Page 5 Sunshine answered her preference would be active, as that would open up more opportunities for discussion at a later date. Ken Swenson stated he was representing the Land Conservancy. He explained that Conservancy general stays out of land use issues, however when something affects the lands that the Conservancy owns or has a conservation easement on, or manages, then the Conservancy will speak on the topic. He explained he was not advocating a particular designation, however he Conservancy would lean towards the passive designation. He stated that the activities that happen in the park do become subject to restrictions of the NCCP in regards to drainage, lighting, etc. In addition, he explained one of the things the Preserve currently lacks is a type of entrance. He felt Gateway Park could represent an entrance to the preserve, with parking, educational materials, and perhaps portable restrooms and picnic tables. Commissioner Tomblin asked Mr. Swenson if he felt the Conservancy would be able to support a passive use of the area, which would include an equestrian use. Mr. Swenson answered that the Conservancy would support equestrian use, noting the Preserve is currently used as passive recreation. David Sundstrom stated he read the staff report and geologist report, but felt what was lacking was photographs taken from the area that illustrate some of the hazards at the site. He noted he submitted late correspondence with such photos. He stated the photos help illustrate how the landslide hazards would affect the everyday user in the ,area. He stated that on his walk over the weekend he saw many hazards that to him appeared very fresh looking. He stated he supports staff's recommendation for passive recreation for this parcel, and felt it would serve the City's best interest to do so. Cathy Gardner stated she completely supports equestrian use for any and all of the open preserve. She didn't think there was a concern for horses falling or getting hurt on the trails, as horses and riders ride at their own risk and there is no such thing as a perfect trail. She didn't think any equestrian would expect that. She questioned how many parking spots would be proposed in the parking area, and also questioned if the road is moved back to its original position, could the existing Palos Verdes Drive South be used as parking. Director Rojas stated that what is before the Commission is the General Plan land use designation of Gateway Park, and the proposed parking lot and realignment of Palos Verdes Drive South is not before the Commission at this time. He noted there will be a public workshop in the near future to discuss the parking area and road realignment. Chairman Emenhiser closed the public hearing. Director Rojas clarified that the NCCP has certain rules in regards to land that is abutting the Preserve, as Gateway Park will be. He noted one of the issues identified in the NCCP is that cowbirds are a threat to the gnatcatcher, and cowbirds tend to thrive in Planning Commission Minutes October 22, 2013 Page 6 areas where there are equestrian uses. Therefore, if eventually there are equestrian uses at Gateway Park the NCCP does call for certain actions to control the cowbird population, which could include trapping. He also discussed the lack of signage on the trails in and around Gateway Park, noting that they are absent since the area is not managed by the Conservancy. He stated that by adding the portions of Gateway Park into the Preserve there will be more trail signage added and maintained by the Conservancy. He also explained there is a project underway to complete the California Coastal Trail through the landslide area and that part of this project will include additional signage to direct users away from hazardous areas and to the coastal access. Commissioner Gerstner moved staffs recommendation thereby approving the proposed land use change to the General Plan Land Use Map for Gateway Park to Recreation Passive, seconded by Commissioner Nelson. Commissioner Tomblin asked staff if a passive designation would allow for some type of equestrian use at the site. Director Rojas answered that staff did not feel a passive use designation would exclude equestrian uses. Vice Chairman Leon explained the PUMP Committee identified the area as a possible site for an equestrian center, which would likely fall more into an active recreation category. However, subsequent to the PUMP Committee it appears this area has increased its rate of motion and the number of fissures. In addition, the City Geologist has stated he did not feel having a set of large fixed stables and bleachers was advisable. Therefore, he did not think the area would support an active equestrian activity. However, he did feel a passive equestrian activity could be formed in this area, as there are forms of remediation and maintenance that could allow riding rings in the area. He did not think there should be any additional fears of horses walking the trails and getting hurt than there are for people hiking the trails. Commissioner Nelson explained the reason for his second to the motion was because he strongly believed an entrance to the Preserve area from the south was needed. He also acknowledged that the area is moving and quite a bit of maintenance may be required to keep the area safe. He briefly discussed liability issues and how liability can be a very serious issue to the City, and felt that passive use as opposed to active use when it comes to the liability issues. Commissioner Tomblin stated he supported the motion, as he felt agricultural, residential and hazard as the area is currently designated is outdated. In addition, he felt the passive recreation allows some type of equestrian use, helps pave the path to the Preserve, and the parking area will help with the congestion near Del Cerro Park. He also supported a discussion on limited equestrian use in the area. Planning Commission Minutes October 22,2013 Page 7 While Commissioner Gerstner felt the City is short of active recreation areas, he did not think this is the area for such a designation. He also felt that the Preserve needs an entrance, and Del Cerro does not work. He felt that parking in the Del Cerro neighborhood felt like trespassing into a quiet neighborhood. He did not think it is a perfect location, however he did not think there was a perfect location. He stated the Commission is being asked how the area is to be zoned, and he supported Passive Recreation. Vice Chairman Leon felt the issue was whether or not this is a hazardous area and should be denoted as Open Space Hazard, or whether it could be Recreational Passive, He felt through maintenance activities portions of this area can be maintained such that they will not be hazardous to life and limb. He therefore supported the motion. Chairman Emenhiser stated he also supported the motion, agreeing with comments from the other Commissioners. The motion was approved, (5-0). APPROVAL OF MINUTES 2. Minutes of September 24, 201 Commissioner Gerstner moved to approve the minutes as presented, seconded by Commissioner Nelson. Approved, (4-0-1) with Commissioner Tomblin abstaining since he was absent from that meeting. ITEMS TO BE PLACED ON FUTURE AGENDAS 1. Pre-Agenda for the meeting on November 12, 2013 The pre-agenda was reviewed and approved as presented. ADJOURNMENT The meeting was adjourned at 9:02 p.m. Planning Commission Minutes October 22,2013 Page 8