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PC MINS 19890131PLANNING COMMISSION MEETING JANUARY 31, 1989 MINUTES ✓ The meeting was called to order at 7:37 by Chairperson ike at Hesse Park Community Building, 29301 Hawthorne Boulevard. PRESENT: Connolly, Von Hagen, Wike, Ortolano, McNulty Also Present were Director of Environmental Services Robert Benard, Senior Planner Greg Fuz and Assistant Planner Marcia Smith. COMMUNICATIONS Chairperson Wike announced that she was in possession of a news clipping regarding a Supreme Court case involving environmental issues. CONSENT CALENDAR Minutes of November 30, 1988 Resolution No. 89 The minutes were accepted as presented. There was no discussion on this item. Motion was made by Commissioner Connolly and seconded by Commissioner McNulty to approve the Consent Calendar as presented. Notion unanimously passed. PUBLIC HEARINGS Variance No. 230 6661 Crest Road Assistant Planner Marcia Smith presented the Staff Report and presented a brief description of the project's background. She said the project complies with Code setback, height and open space requirements, and would not impair any primary views from adjacent properties. Chairperson Wike opened the public hearing. There being no one to speak to this item, the public hearing was closed. Motion was made by Commissioner Von Hagen and seconded by Commissioner McNulty to approve the project with conditions. Motion unanimously passed. E Minutes January 31, 1989 Page Two E.I.R. No. 27 C.U.P. No. 131 Variance No. 182 Crestridge/Crenshaw 7 The Staff Report on this item was waived at this time since Mr. Benard was at the City Council meeting and not present for this portion of the meeting Edward Novak, Director of Development for the Marriott Corporation, addressed the issues that were raised at the Planning Commission meeting on January 24. With respect to the architectural design, Mr. Novak said that the current design is the result of many considerations and alternatives, and is one which the Marriott felt represents their good faith effort to respond to the concerns of the Commission and the community. He added that, from an architectural standpoint, a less desirable structure would be created, and security and operational problems would be created if the structure were to be broken into many small buildings. Mr. Novak also said that the health center relates closely with the community center and these two facilities need to work very integrally, therefore, relocating the health center would not be a viable alternative. The community center is located in an optimum location for the convenience of the residents and staff. Regarding grading, Mr. Novak said the Marriott has reduced the amount of export by approximately 20%, which has resulted in a substantial improvement to the views. They would be willing to further reduce the amount of export by increasing the pad height if given that direction from the Commission. Mr. Novak stated that the Marriott's primary concern was safety, and they also want to be completely cooperative with respect to transporting soil from the site. Mr. Novak noted that he has submitted the most economically feasible density for the project. Decreasing the density further, he explained, would require the Marriott to increase the monthly fees by more than $200. It was also his opinion that the 290 parking spaces were more than adequate and were consistent with the Canterbury's experience. Mr. Novak said a strong effort was made to lessen the concerns of the community for a project that is needed in the community, and said he has reviewed C.U.P. 131 and was in agreement with the conditions. In response to Commissioner Connolly's question, Mr. Novak said that the cupolas would serve as decorative Minutes January 31, 1989 Page Three architectural functions only, and he clarified that the requirement for garages did not call for individual garage units. Commissioner Ortolano stated that it was unclear exactly what the Commission was approving relative to the health center, and was concerned that giving general approval coulA permit future increases in operational intensity. Regarding export of soil and grading, Commissioner Ortolano said she was in favor of taking measures to decrease the amount of grading that would be required on the property, and asked what measures could be taken to reduce those portions of the building that extend 36 feet high rather than 30 feet. She requested that the Marriott define exactly what the health care facility is and intends to accomplish so appropriate language may be created in the Resolution. In clarifying the function and operation of the health center, Mr. Novak explained that between 1.2 and 1.4 residents per unit is pro3ected. This translates to approximately 350 residents at maximum occupancy. Forty of the beds in the health center would be designated for assisted living care for residents who are incapable of living independently but do not need medically related nursing care. The other 60 beds would be licensed to provide skilled nursing care, which would require a certain nurse/patient ratio, but does not relate to the same level of care as in an acute care hospital. In terms of support services, occupational therapy, physical therapy and examination rooms would be provided. Mr. Novak said that even though there are places on the site where three stories would exist, the roofline is consistently similar. It was felt that this was the best alternative structurally, and would not impose any view impairment. Mr. Novak also said it was felt that fences were not needed on the property. In response to Chairperson Wike's question about marketing strategies, Mr. Novak stated that a pre -marketing program will be instituted for this project and a priority list will be developed. Chairperson Wike opened the public hearing. Daniel Blatt, 29225 Stonecrest, reported that he was unable to get an advance copy of the Staff Recommendation, and said the EIR raises a number of questions, specifically with regard to various traffic intersections, noise, view obstruction, air pollution and road damage. ! 6 Minutes January 31, 1989 Page Four Commissioner McNulty pointed out to Mr. Blatt that the EIR was approved at the January 24, 1989 Planning Commission meeting, and the current meeting is to hear testimony on the CUP, Variance application and grading application. Abner Rasumoff, 160 Aspen Way, representing the Terraces Homeowners Association, was concerned about the amount of grading that would be required and the amount of dirt that would need to be removed. Mr. Novak clarified that a 20% reduction in the grading was achieved in the redesign of the project by raising the pad elevation on the westerly side to more closely follow the existing elevation from west to east and by moving some fill to the eastern side of the project site. Warren Schwarzmann, 4 Aurora Drive, representing the City Council of Rolling Hills Estates, noted that a number of letters have been written to the City of Rolling Hills Estates regarding the Marriott project, specifically the density of the property and the amount of soil that will need to be removed. Mr. Schwarzmann encouraged further reduction in the amount of grading and asked the Commission to carefully review all aspects of the project, He also requested that conditions be imposed on the developer to control the routing of truck traffic, street sweeping, types of trucks, and suggested that the developer be bonded to repair any damage that is created in the construction process. Mr. Fuz noted that all the items covered by Mr. Schwarzmann have been addressed in the Conditions of Approval with the exception of the double load trucks. John Arand, 5731 Mistridge Drive, presented a letter to the Commission from his wife, Pat Arand, regarding her concerns about the noise effects of the project. Mr. Arand said the Marriott has been inflexible in making changes to the site plan. He requested that no variances be granted with regard to parking, asked about the mechanisms for controlling the height of trees once they reach maturity, and suggested that the Commission limit the number of residents as well as the number of units in the project. Sunshine, 6 Limetree Lane, representing the PVP Horsemans Association, commented on the January 27 Staff Report regarding the recommendation to dedicate the trail easement. (Director of Environmental Services Benard arrived). Minutes January 31, 1989 Page Five Representing herself, Sunshine questioned the possibility of overflow of staff parking at the Marriott facility, and questioned items in the EIR with regard to fencing and trails. Sunshine noted that the mitigating measures in the EIR do not address bicycle access in the Rancho Palos Verdes portion of Indian Peak Road. She also recommended that the Marriott fill in the eastern portion of the lot in order to leave additional space as a buffer zone for the Congregation Ner Tamid. Regarding hauling and the export of soil, Sunshine questioned the description of the grading criteria in the EIR, and noted that the project would have a tremendous impact on the neighboring cities because there are no alternatives to hauling the dirt other than Palos Verdes Drive North, Crenshaw Boulevard or Pacific Coast Highway. Michael Riccio, 29356 Quailwood Drive, representing the Mesa Palos Verdes Homeowners Association, suggested that the Commission restrict the number of beds in the facility, and recommended reducing the number of upper level units and nursing care units in order to reduce the grading that would be required. Mr. Riccio said the noise impact on neighboring properties has been ignored in the EIR, and said he did not favor horses sharing bicycle and pedestrian trails. He urged the Commission to consider approval of a development that is appropriate for the area. Chairperson Wike closed the public hearing. Director of Enviromental Services Benard then presented the Staff Report, and summarized the issues that are being reviewed, namely, the Conditional Use Permit, Variance Application and Grading Application. He noted that the pertinent discussion in the Staff analysis revolves around the issues of use, which is the primary concern of the CUP, although density and parking are other issues that have been raised by the public. Mr. Benard said that the Staff position is that the site is unique, that the applicant is working with the topography, and the building does not create a view impairment. The issue of grading is one where there are still a number of issues that need to be resolved by the Commission. He added that the applicant has attempted to limit disruption of the existing views and to minimize the inconveniences caused during construction. The key issue that still remains is how much earth will be removed to allow for aesthetics and view issues. However, the number of yards to be graded has been reduced from 250,000 cubic yards to 162,000 cubic yards, which would correspondingly reduce the truck trips. Mr. Benard said the Commission needed to make a determination on the number of units and pad elevation, and stressed that any remaining negative impacts will be mitigated as much as possible. 0 0 Minutes January 31, 1989 Page Six A recess was taken from 9:37 p.m. until 9:50 p.m. Commissioner Ortolano questioned Mr. Benard regarding concerns that were raised by neighboring residents and asked whether the concerns could be investigated and/or implemented. Specifically, she asked for clarification on the types of trucks that will be used for hauling, stated that this is not specified in the Conditions, and requested information on the procedure when a developer has been requested to post a bond for repairs and/or spillage. Regarding the scope of the assisted living area, Commissioner Ortolano inquired if the skilled nursing facility will be licensed under State law, and whether the facility can be conditioned so it cannot be turned into an acute care hospital, and the community center cannot be open to the public. Director of Environmental Services Benard explained the reasons for the changes in easement conditions and said that consideration will be given to adding to the conditions the types of trucks, and language to assure that the health care facility will be used in the manner presented by the Marriott, and the number of beds for each type of use will be specified. Commissioner Von Hagen noted that the parking statistics are not clear and requested that space for overflow parking be investigated. He requested a standard landscape covenent, and that safety be used as the main consideration in the type of trucks to be used for hauling. He also requested putting a restriction on the hours of hauling. Motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen that, due to the lateness of the hour, the Commission should hear Item VIA on the agenda at another time. Motion unanimously passed. Director of Environmental Services Benard noted that this .item will be heard by the Commission at 6:30 p.m. on February 28, 1989. He added that this item will be renoticed, and requested that all those who submitted requests to speak send their suggestions prior to February 28, in order to give Staff an opportunity to respond before the meeting date. The Commission then reviewed Exhibit B, which contained the Statement of Overriding Considerations. Regarding on-site shuttle service, Director of Environmental Services Benard explained that a van, provided by the Marriott, would allow the residents to visit local areas without using .individual vehicles. 0 Minutes January 31, 1989 Page Seven E Discussion followed regarding the hours that hauling and grading would actually start and end. Commissioner McNulty was concerned that trucks would not remain parked overnight at the site. It was agreed that the trucks would start queueing at the site no earlier than 8:00 a.m., leaving the site at approximately 8:45 a.m., and no trucks would leave the site later than 5:00 p.m. Director of Environmental Services Benard clarified the language on Page 4, Condition 7. Regarding Traffic and Circulation on Page 4, Mr. Benard said that language will be prepared to include truck safety, indoctrination of drivers, route designations and a truck inspection program. Regarding Page 6, Item 3, Mr. Benard said this issue was addressed in the Marriott's revised plans. Regarding Page 7, Security, Chairperson Wike requested clarification to include that the applicant provide adequate on- site trained security personnel at minimum hours 5:00 p.m. to 7:00 a.m. Nothing was added or changed under Geotechnical, Drainage, Biological, Traffic, Air Quality, Noise, Visual Resources, Water Services, Sanitary Services, Fire, Police, Archeology. Motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to approve Resolution No. 89- as amended and as indicated, including the Statement of Overriding Consideration. Motion passed 4 to 1. Chairperson Wike dissented. The discussion then focused on Resolution No. 89- - Director of Environmental Services Benard said language will be added which indicates that the western portion of the site will be raised up to three feet six inches (3'6"). Motion was made by Commissioner Ortolano and seconded by Chairperson Wike to delete the towers from the building plans. Mr. Benard clarified that the towers are considered to be architectural features. Motion failed 1 to 4. Commissioners Ortolano, McNulty, Von Hagen and Connolly dissented. Mr. Benard also indicated where more restrictive language will be added to Condition 2. 0 Minutes January 31, 1989 Page Eight Motion was made by Commissioner Von Hagen and seconded by Commissioner Connolly to approve the 250 independent living units and the 100 bed health care facility. In discussing the motion, Commissioner McNulty addressed the number of units in relation to the demographics of the community and the service that would be provided to the community. Chairperson Wike noted that density is a crucial aspect in the project, and by reducing the density, many other impacts would be reduced, such as traffic circulation, noise, demands on water, sewer, police and fire services. She felt that the project is viable, but that it should be reduced in size. Commissioners Von Hagen and Connolly agreed that the Marriott project was a necessary one in the community, and that the size was adequate as proposed. Commissioner Ortolano acknowledged that negative environmental impacts would exist which could not be entirely eliminated, but she also agreed that this would be a socially desirable institution. Motion passed 4 to 1. Chairperson Wike dissented. Commissioner McNulty suggested that 10% of the units be identified as affordable units. After discussion, the suggestion was withdrawn. A straw vote was taken, and a consensus was reached to place a limit of 450 occupants on the total number of residents both in the health care center and in the independent living units. John Nicholson, attorney, representing the Marriott, addressed the issue of discrimination based on numerical limitation, and whether some constitutional rights are being violated by specifying the number of residents. Director of Environmental Services Benard then recommended modi.ficaton of the language in Section 6, Item 5 to eliminate the word "one" and the addition of "extensions of up to one year may be granted by the Planning Commission." There was agreement that nothing would be changed regarding Archeology, Sewer, Drainage, and Water. 9 Minutes January 31, 1989 Page Nine Regarding Streets, Commissioner Ortolano asked whether the developer could be required to bond for damage on routes outside the City limits. Commissioner Von Hagen suggested selecting a bond amount with a surplus to offset the costs in the event another city's roadways were to be damaged. Commissioner Ortolano suggested that the Commission, in consultation with the City Attorney, prepare draft language on how to accomplish protection for adjoining jurisdictions. Commissioner Connolly said he was satisfied with Paragraph 6 as it was written. Director of Environmental Services Benard suggested changing Condition 6 to state: ". . . pay for a permanent analysis of the streets to be used as the designated haul routes prior to starting construction." With regard to Condition 10, Page 6, Chairperson Wike proposed a change to read: ". . . foundation shall be set back. . ." Regarding easements, Commissioner Ortolano stated her concerns and suggested a redraft of the conditions. Mr. Benard explained why a recommendation for a bicycle trail as suggested by Sunshine was not recommended by Staff. There was consensus by the Commission that the bicycle lane on Crestridge should not interfere with vehicular traffic and with parking. Regarding Project Design, modification was made to add the following to Item 1: ". . . not to exceed the ridgeline of the building at any time." Commissioner Ortolano recommended that parking at the site be reviewed one year after issuance of the Certificate of Occupancy in order to determine adequacy. Regarding Condition No. 12, Chairperson Wike suggested changing the hours to 7:00 p.m. until 7:00 a.m., unless the Leafblower Ordinance took precedence. Regading fencing, Commissioner Von Hagen suggested a condition that there should be no walls, fences or hedges unless approved with a CUP revision. Minutes January 31, 1989 Page Ten Director of Environmental Services Benard explained the transition of the wall on the west end near the Temple, and described the intent of the wall. Motion was made by Commissioner McNulty and seconded by Commissioner Von Hagen to approve Resolution No. 89-5 as proposed and as amended. motion passed 4 to 1. Chairperson Wike dissented. Appeal rights were noted. Mr. Benard explained the procedural aspects with regard to timing. ADJOURNMENT The meeting was duly adjourned at 12: 35 a.m. to February 14, 1989, 7:30 p.m. at Hesse Park Community Building, 29301 Hawthorne Boulevard.