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PC MINS 19911008MINUTES PLANNING COMMISSION MEETING OCTOBER 8, 1991 The meeting was called to_order at 6:35pm by Chairman Von Hagen at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Von Hagen, McNulty, Hotchkiss, Brooks (arrived 6:45pm), Katherman (arrived 6:45pm) ABSENT None Also present were Director of Environmental Services Robert Benard, Senior Planner Carolynn Petru, Associate Planner Joel Rojas, Assistant Planners Fabio de Freitas and Donna Jerex, and Contract Planner Nancy Hutar. COMMUNICATIONS Staff acknowledged receipt of letters from Dorothy Bunten and the Stewarts regarding the Municipal Code Revisions. CONSENT CALENDAR A. Minutes of September 10, 1991 B. P.C. Resolution No. 91-49, CUP No. 9 --Rev "C" C. P.C. Resolution No. 91-50, Grading No. 1552 D. CONDITIONAL USE PERMIT NO. 23 -- REV "W" Commissioner Hotchkiss moved, seconded by Chairman Von Hagen and passed without objection, to approve the Consent Calendar. Commissioner Hotchkiss noted that he was abstaining from voting on Consent Calendar Item "B". PUBLIC HEARINGS A. VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667, TENTATIVE PARCEL MAP NOS. 23004 AND 290701 CONDITIONAL USE PERMIT NOS. 162 & 163, GRADING PERMIT NO. 1541, AND COASTAL PERMIT NO. 103 Subregion 7 & 8/PVDS Director Benard noted that the applicant had requested the continuance in order to, complete geotechnical studies. The public hearing was opened. Mike Mohler, 25200 La Paz, Laguna Hills, representing the applicant, requested the continuance so.that the City could review the geology before the open public forum took place. PLANNING COMMISSION MEETING October 8, 1991 Bill Ailor, 1052 Via Palestra, PVE, representing the PVP Land Conservancy, presented a letter supporting retention and development of Shoreline Park as part of the, project. Director Benard pointed out that the speaker's remarks were more germane to Subregion 8, which is not a part of this application, and is under different ownership. Commissioner McNulty moved to continue the public hearing to November 12 as per the staff recommendation. commissioner Hotchkiss seconded, and the motion passed without objection. B. MUNICIPAL CODE REVISIONS commissioner Hotchkiss stated (CHAPTER 15.20, that he had been advised"by MORATORIUM ON LAND USE the City Attorney not to PERMITS) participate in this item since he resided within the moratorium borders. Project Planner Nancy Hutar presented the staff report. Staff recommendation is to open the public hearing and for the commission to provide comment and direction to Staff regarding the proposed revisions. Director Benard, commenting on the inaccurate publicity on this item circulated by a local organization, clarified the following points for the audience: 1) That these revisions did not in any way modify the boundaries of the moratorium; 2) That these revisions did not in any way propose to lift the moratorium or in any way suggest a procedure to lift the moratorium that is not now already in place, but rather that these revisions would make.current City policy even more legally binding; 3) That one proposal made by the Subcommittee would allow large or small property owners the ability to take advantage of their property for open space development without eliminating any of the City's geological requirements. Mr. Benard then noted that because the City Attorney had submitted only minor corrections, the staff felt that based on the testimony and direction from the Commission, this item could either be continued or directed forward to the City Council for a final decision. The public hearing was declared open. Lorna Burrell, 1 Park Place, referred to her letter in support of the proposed revisions, stating that this would possibly allow geologically safe land adversely impacted by the moratorium designation to be used in a positive way. Jim Gilman, 4335 Exultant, also spoke in support of the revisions, stating that the moratorium designation had burdened him with extra costs and loss of property value, and Page 2 PLANNING COMMISSION MEETING October 8, 1991 that these changes could help area residents financially. Mr. Gilman also objected to the inaccuracy of the flyers that had been distributed throughout the area. Sharon Hegetschweiler, 16 Clovetree, also spoke in support of the staff recommendation, and said that as a real estate broker, she had seen deals fall through because lenders did not like to deal with moratorium properties. The speaker then asked the Commission to recommend that the 100% rebuild aspect remain in the revisions, and also suggested that the 1/2 acre minimum remain, but that lot coverage be 20%, not 10%. Mike Mohler, 25200 La Paz, Laguna Hills, also expressed concern with the misinformation contained in the "panic pieces" that had been distributed, and stated his support for the revisions, which he declared would allow some financial relief for landowners burdened by property liens to pursue open space recreational uses, given certain geotechnical affirmations. Al Edgerton, 50 Oceanside Drive, representing the Del Cerro Homeowners Association, agreed that the proposed revisions could give residents in the moratorium area the ability to make the best of their property. Jeanne Smolley, 56 Limetree, asked questions about the existing code, and made some wording suggestions on the proposed revisions. D.E. Clarke, 10 Peppertree, objected to the language in the informational flyer, and the fact that the open space was currently a fire hazard and trash dump, and stated that she would support the revisions if it would mean useful development of that open space and financial relief for moratorium residents. Bill Griffin, 5 Ginger Root, referred to his letter and asked for clarification on the boundaries of the Klondike slide. Gale Lovrich, 104 Spindrift, representing the Portuguese Bend Club, applauded the Subcommittee and staff recommendations, noting that it would be less difficult to get fire insurance and financing if the proposed revisions were adopted. Ms. Lovrich also expressed support for the idea of developing current open space if it would improve and -stabilize the area. John McCarthy, 105 Spindrift, president of the Portuguese Bend Club Homeowners Association and Chairman of the Klondike Canyon Hazard Abatement District, expressed his support of the proposed revisions. Mr. McCarthy also stated that he would support redefining the Klondike moratorium boundaries since they had been haphazardly demarcated in the beginning, Page 3 PLANNING COMMISSION MEETING October 8, 1991 and suggested that land not suffering from geological problems be taken out of the moratorium to provide relief for homeowners. John Beringer, 3412 Seaglen, president of the RPV Council of Homeowners Association, spoke against the staff recommendation, stating that he felt the changes were substantial. Laurie Jester, 21 Pomegranate, suggested that visual and aesthetic criteria be applied to remedial grading, and that the scope of the language regarding ancillary structures be made more specific. She also pointed out conflicts in the language allowing permanent structures in open space hazard districts. Maureen Griffin, 5 Ginger Root Lane, submitted a letter with questions regarding liability protection, and spoke in favor of the 100% rebuild aspect of the revisions. Carlton Miller, 32724 Coastsite Drive, expressed concern that the "economic use" aspect could create further problems. RECESS AND RECONVENE Due to excessive noise and comment, Chairman Von Hagen called a recess at 7:50pm, indicated that this item would be held until later in the agenda, and stated that the meeting would proceed with the next item. C. VARIANCE NO. 306 Assistant Planner Fabio de 1 Avenida de Magnolia Freitas presented the staff report regarding the applicant's request to allow a fountain and pilasters to exceed the maximum allowable height within the required front yard setback and to allow an entry arch to encroach into said setback. Staff's recommendation is to approve the two existing pilasters and fountain only. The public hearing was opened. Greg Abramowitz, 1360 Capitol Drive, San Pedro, architect representing the applicant, explained that the arch encroached into the front setback because of the unusual concavity of the front lot line, and asked the Commission to allow it. Steve Heboian, 1 Avenida de Magnolia, applicant, noted that his neighbors were using similar concepts in their front yards, and that he was not aware of any objections to the idea. The public hearing was closed. Planner de Freitas noted that the reason the item was before the Commission was due to code enforcement response to a neighbor objecting to the project. Commissioner McNulty moved to adopt the staff recommendation. Page 4 PLANNING COMMISSION MEETING October 8, 1991 Commissioner Katherman stated he felt the arch was attractively done, and that he could make the necessary findings due to the unusual front lot line and ability to provide an attractive entryway. The motion on the floor died for lack of a second. Commissioner Ratherman moved to approve the application as submitted, commissioner Brooks seconded, and the motion passed 4-1, with Commissioner McNulty dissenting. D. VESTING TENTATIVE TRACT MAP NO. 49067, ENVIRONMENTAL ASSESSMENT NO. 600, CONDITIONAL USE PERMIT NO. 154, COASTAL PERMIT NO. 95, GRADING NO. 1420, VARIANCE NO. 297, MINOR EXCEPTION PERMIT NO. 414 PVDS/Schooner Dr. Commissioner McNulty moved to recommendation, commissioner passed without objection. Assistant Planner de Freitas confirmed the applicant's request to continue this item to the November 12, 1991 meeting. adopt the continuance Brooks seconded, and the motion E. GRADING NO. 1390, Associate Planner Joel Rojas SEIR NO. 16 FOR presented the staff report TENTATIVE TRACT MAP regarding the applicant's NO. 37885 request to allow 810,000 Forrestal/Pirate Drs. cu.yds. of grading for development of the previously approved residential tract and 1,050,000 cu.yds. of remedial grading to correct specific geologic hazards on the site. Staff's recommendation is to certify the Final SEIR and approve the project with conditions. Mr. Rojas also noted receipt of a copy of a letter to the Homeowners Association from the developer in compliance with the Commission's direction. Chairman Von Hagen complimented Mr. Rojas on his outstanding job on the conditions of approval. In response to a query from Commissioner Katherman, Mr. Rojas explained that there would be no grading in the Klondike Canyon area, and that there would indeed be some encroachment onto the soccer fields during grading operations to elevate Forrestal, but that the conditions required the operations take place outside of the soccer season. Commissioner Brooks asked about the viability of Alternative "All which would involve no cutting or filling of the quarry bowl, and Mr. Rojas pointed out that the geotechnical studies had indicated that it was -necessary to fill the quarry bowl as proposed to adequately stabilize the area geologically according to the City Geologist. Director Benard stated that the slope as it currently exists would continue to Page 5 PLANNING COMMISSION MEETING October 8, 1991 destabilize on its own if not dealt with. The public hearing was opened. Paul Lukes, J.M. Peters Co., applicant, stated that the quarry slope would be graded to 1-1/2:1 in accordance with the City's geologist. Mark Sikand, Sikand Engineering, 15230 Burbank Blvd., Burbank, in response to Commissioner Katherman's questions, added that the slope would be benched as well, and that a 1:1 slope would not be safe according to the geologists. Angelika Brinkmann-Buri, 1354 Stonewood Ct., San Pedro, representing the California Native Plant Society, pointed out that the impact on the rare Crossosoma plant by the proposed fill was not addressed correctly, and that proper mitigation measures had not been identified. sunshine, 6 Limetree Ln., inquired whether the proposed project would impact the previously approved trails. Pat Stenehjem, 32215 Searaven, objected to the possible noise from the proposed grading activities. Lois Larue, 3*136 Barkentine, opposed the project, citing geological hazards. The public hearing was closed. In response to a query from Commissioner Brooks, Planner Rojas explained that the analysis of the area's stability was based on extensive geological reports that had indicated the grading would have no adverse impact on the adjoining landslide. Director Benard further noted that the development had been removed from the moratorium area after establishment of a recommended geologic buffer zone, with a loss of several lots, and that the developer was required to mitigate the hazards associated with the quarry slope. Commissioner McNulty moved to adopt the Resolutions certifying the final EIR and approving g the grading application with conditions. loner Brooks objected to making any recommendation until the mitigation monitoring program, which was presented to the Commission earlier in the evening, had been reviewed. Director Benard stated that the only aspect of that program not discussed earlier was the level of monitoring and the monitoring agency. The motion on the floor was seconded by Commissioner Hotchkiss. Commissioner Brooks reiterated her concerns regarding the amount of grading, biological issues and possible interference with soccer activities at Ladera Linda. Commissioner Katherman suggested a public forum be held to review hydrology, drainage, biology and grading aspects of the project, and Director Benard stated that the Commission Page 6 PLANNING COMMISSION MEETING October 8, 1991 could require the applicant to come back before the Commission for public discui.-sion of those items. Chairman Von Hagen pointed out that the grading issue had been dealt with for years, and Commissioner Katherman agreed that filling the quarry bowl was safer, but that it was important to examine the follow up aspects of the grading. Chairman Von Haqen recommended that the Director confirm that the mechanics protecting the biological aspects of the project were working. Commissioner Brooks stated she could not support the motion on the floor, and again stated her preference for Alternative "All. Commissioner Hotchkiss supported filling the quarry bowl. Commissioner Katherman opined that the Commission should not vote until the mitigation monitoring program had been reviewed. The question was called, and the motion on the floor passed 3-2, with Commissioners Katherman and Brooks dissenting. RECESS AND RECONVENE B. MUNICIPAL CODE REVISIONS (CHAPTER 15.20, MORATORIUM ON LAND USE PERMITS) (continued) A 20 -minute break was called at 9:20pm. Chris Manning, 29438 Quailwood, claimed that he did not object to anything in the proposed revisions but the potential exclusions, which he stated he felt were in violation of CEQA and General Plan guidelines. Chairman Von Hagen stated for the record that he was concerned with the irresponsible statements that the speaker had made in the widely distributed flyers, and he asked.Mr. Manning to present verbal proof of his written statements claiming that the moratorium boundaries were going to be removed or altered. Mr. Manning claimed that his statements were accurate, but he was not able to verbally substantiate them. Roy Good, 15 Cinnamon Lane, referred to his letter outlining his concerns with potential liability, and stated that he felt that any developer should assume a lien or post a bond to protect homeowners. Kay Bara, 1 Peppertree, objected to any development in the area. Page 7 0 Ll PLANNING COMMISSION MEETING October 8, 1991 Don Fraser, 26 Peppertree, stated he had lived for 49 years at the same address but not in the same place, and he objected to the potential geological hazards that might be inherent in any project, questioning the competency of geologists, and suggesting that there be a way to hold developers liable should there be any future problems. Carole Black, 5964 Ocean Terrace, asked that the Commission not do anything that might jeopardize her property. Kathy Snell, 8 Vanderlip Driveway, submitted a letter questioning why she was within the moratorium when her property was on a stable part of the area, and she suggested that no grading be allowed on any open space uses. Tom Coull, 49 Santa Catalina, spoke in support of most of the revisions, but asked that the term "geotechnical staff" be defined, suggested that a geological panel be created, and that the liability insurance for developers indemnify the project for at least 10 years. Roy Fulwider, 28219 Hazelridge, spoke in support of a golf course in the open area. Ed Hallot, 27922 Longhill Drive, representing the Peninsula Rim Homeowners Association, stated his organization had unanimously agreed that the existing General Plan should remain unchanged and unamended by the Planning Commission and City council. Dawn Henry, 6525 Via Colinita, expressed concern about the proposed Hon project, citing liability and risks of development. Chuck Himelwright, 21 Kumquat Lane, stated he was opposed to using open space for recreational uses. Andrew Sargent, 1 Peppertree, stated he could support development in the open space hazard area. Richard Bara, 1 Peppertree, stated he felt the proposed revisions should wait until the Coastal Ridge Rezoning report was in, and that any developer indemnification should be long term. Lois Larue, 3136 Barkentine, stated she wished she were in the moratorium area, and expressed her opposition to the proposed revisions. Commissioner Brooks moved to continue the public hearing to November 22, 1991, stating that she felt it was necessary to continue the hearing to comply with the time contingencies in the Negative Declaration. commissioner Katherman seconded the motion. Page 8 PLANNING COMMISSION MEETING October 8, 1991 Chairman Von Hagen stated he was not opposed to continuation, but would prefer a discussion and decisive motion since he had been on the Subcommittee and could share the results of their many days of work on the item. He also explained that he felt that property owners outside of the actual landslide area but within the moratorium boundaries had a legal right to make reasonable improvements of their property if they could provide adequate geotechnical information. Chairman Von Hagen also noted that the language in the proposed revisions regarded non-structural, recreational uses only, which he said should be encouraged, especially if the City geologists feel such development could assist in landslide abatement. Commissioner Brooks stated she felt the public hearing should be continued because the public did not have enough notice, and that she supported the idea of an independent geotechnical panel and indemnification by the developers. Mrs. Brooks also stated she favored the optional language proposed for Section 15.20.040.J. RECESS AND RECONVENE A 10 -minute break was called at 11:10 pm. Commissioner McNulty stated that the flyers that had been distributed were an inappropriate way to get the attention of the people, and he expressed resentment that the author of the flyers had accused the Commission of engaging in illegal activities. Mr. McNulty stressed the importance of codifying and legalizing current standards in the area, pointed out that no one was guaranteed anything except property rights, and suggested that this item be moved along to the city Council as soon as possible. Commissioner Brooks moved to continue the public hearing to the October 22 meeting, Commissioner Katherman seconded, and the motion failed 2-2. Commissioner McNulty moved to adopt the staff recommendation, Chairman Von Hagen seconded, and the motion failed 2-2,. Director Benard duly noted the no -action vote, and stated the matter would be presented to the City Manager for review. F. VESTING TENTATIVE Senior Planner Carolynn Petru TRACT MAP NO. 46228 presented the staff report PVDW/Hawthorne regarding the request to accept public testimony on Draft EIR No. 35 for a 94 -lot subdivision, including 93 single family residential lots and one common open space lot. Staff's recommendation is to open the public hearing, accept public testimony on the adequacy of the EIR, and close the public hearing. Page 9 PLANNING COMMISSION MEETING October 8, 1991 Bill Gilmone, 340 E. 2nd St., LA., representing the applicant, outlined their intent to comply with all requirements and expressed sensitivity to environmental concerns, and that the open space development would be compatible with the golf course. Lois Larue, 3136 Barkentine, complimented the staff on the quality of the EIR. Commissioner McNulty moved, seconded by Chairman Von Hagen and carried, to close the public hearing. CONTINUED BUSINESS A. ZONE CHANGE 19, Senior Planner Carolynn Petru TENTATIVE PARCEL MAP presented the staff report NO. 18947 regarding the applicant's End of Windport Drive request to permit a zone change and subdivision of an 8.8 acre site into four single family residential lots. Staff's recommendation is to recommend certification of the FEIR, and approval of the zone change to the City Council and approve the tentative parcel map and grading permit. Tim Burrell, 59 Marguerite Drive, asked that the conditions be modified to allow potential future construction of pools or spas, freestanding if necessary, and asked that the issue of the boundary determination be tabled. Director Benard stated that if this issue were left unresolved, it was an opportunity for de facto rezoning, should the zoning application fail. Mr. Benard also.pointed'out that the conditions only prohibit in -ground pools and spas, not freestanding ones, and that if the Commission wanted to modify the condition to allow in - ground units, staff would recommend that there be a requirement for geological review and approval. Commissioners McNulty and Hotchkiss supported the modification, while Commissioner Brooks expressed doubts. In response to queries from Commissioners Katherman and Brooks, Planner Petru explained that statements regarding the instability of the area were required to be placed on the final map, and that the developer was also required to enter into an indemnification agreement for the City. Commissioner Hotchkiss moved adoption of P.C. Resolution No. 91-53, recommending certification of the EIR. Commissioner McNulty seconded the motion, which passed 4-1, with Commissioner Brooks dissenting. Commissioner Hotchkiss moved to adopt P.C. Resolution No. 91- 54, recommending approval of the zone change from OH to RS -2. Chairman Von Hagen seconded, and the motion passed 4-1, with Page 10 PLANNING COMMISSION MEETING October 8, 1991 Commissioner Brooks dissenting. The Commission expressed concern that future homeowners might not be made aware of the potential instability of the area in spite of the requirements to place statements on the final map. Director Benard pointed out that title reports will reflect such encumbrances on a property. Commissioner Hotchkiss moved to adopt P.C. Resolution No. 91- 55, approving the Tentative Parcel Map and Grading Permit, with the appropriate change in Item 'IN" regarding pools and spas. Commissioner McNulty seconded the motion, which passed 4-1, with Commissioner Brooks dissenting. Commissioner Hotchkiss moved to receive and file P.C. Resolution No. 91- , denying the applicant's appeal on the zoning district boTdary determination. commissioner McNulty seconded, and the motion passed without objection. QUESTIONS FROM THE AUDIENCE There were no questions from the audience. STAFF REPORTS Director Benard informed the Commissioners that opening of the Tramonto (A&H) project had been delayed. COMMISSION REPORTS -Commissioner Brooks suggested that there be an llpm deadline for all Planning Commission and city council meetings even if it meant more meetings would be necessary. ADJOURNMENT The meeting was adjourned at 1:15am. Page 11