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PC MINS 19971014CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING OCTOBER 14, 1997 Approved 11/25/97 (i!!) The meeting was called to order at 7.00 P M by Chairman Vannorsdall at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE The Pledge of Allegiance was led by City Manager Bussey ROLL CALL Present. Commissioners Alberio, Cartwright, Slayden, and Chairman Vannorsdall. Absent Commissioners Clark, Ng, and Vice Chairman Whiteneck. Also present were City Manager Bussey, Public Works Director Evans, and Recording Secretary Atuatasi. FA:J:j :161TI-11 q6A It was the consensus of the Commission to accept the agenda as presented. With no objections, it was so ordered by Chairman Vannorsdall, (7-0). COMMUNICATIONS Staff Staff distributed an item of late correspondence from Pat Maricich and L.C. Zelt regarding Agenda Item No. 2 (Development Agreement for the Ocean Tails project). Commission Commissioner Slayden reported that he had received correspondence from Louis McCreight regarding the proposed expansion of the Marymount College Campus. CONSENT CALENDAR None CONTINUED BUSINESS f� 1 PUBLIC HEARINGS Since the two public hearing Mems were closely linked with one another, it was decided that the staff report would encompass both items Development Code Revision (Title 97�, and 2. Development Agreement for the Ocean Trails Project City Manager Bussey briefly explained that the Ocean Trails development agreement was the first one that the City would consider and presumably adopt at some point. He stated that development agreements are generally contracts between the public agency and a private property owner The agreement would help guarantee and benefit both parties and could go beyond the project's conditions of approval Mr Bussey stated that the agreements could gave longer life to the project approvals than what was normally provided under the Subdivision Map Act. He stated that before the City could enter into a development agreement, State law required that a city have a procedure in place to process this type of agreement Mr Bussey stated that the procedure was simple, but generally required that certain findings be made in approving a development agreement and that a public hearing had to be conducted regarding the development agreement City Manager Bussey explained to the Commission that if adoption of the ordinance took place, it would be included in the Municipal Code as part of Title 17 (Development Code). The language would state the procedure which would allow a property owner to submit an application for a development agreement Mr. Bussey stated that the reason the ordinance was being presented to the Commission that evening was because it was under Title 17 and that all matters that the Council considered in Title 17 must first be reviewed by the Commission Chairman Vannorsdall asked the Commission if they had any questions for Staff Chairman Vannorsdall inquired if Staff was discussing an amendment to Title 16 or Title 17 of the Municipal Code Planning Commission Minutes October 14, '1997 Page 2 City Manager Bussey explained that the Municipal Code was the entire code, which included Title Nos 16 and 17 He stated that Title No. 16 was adopted pursuant to the state Subdivision Map Act and Title 17 contained the City's Development Code Mr Bussey stated that there was always a question as to whether this type of amendment should be placed in the Subdivision Ordinance or the Development Code However, the City Attorney decided that the best place for this procedural ordinance would be in Title No 17. Commissioner Alberio asked if conflict would arise if the agreement went beyond the requirements of the Subdivision Map Act City Manager Bussey replied that it would not be a conflict with the Subdivision Map Act. He stated that the Map Act allowed cities to enter development agreements, which would allow approvals to run with the land for certain aspects of the project, including financial considerations Commissioner Cartwright asked if the City entered into an agreement with the developer, would the City be able to shield a certain property from changes and regulations and, if so, was that protection provided to a date certain as specified in the agreement or until the project is developed City Manager Bussey replied that some portions of the development agreement would run with the land in perpetuity, while others would cease once specified conditions were met. Commissioner Cartwright asked if the Commission should be aware of any legalities in regards to this development agreement in the future City Manager replied that there were no legalities that the Commission should be concerned about, but that it was conceivable that a situation might arise in the future The most basic issue that may arise would concern the way that the golf tax is established and maintained. Mr. Bussey stated that the development agreement has appropriate clauses to protect the City, should the development agreement be challenged in court. However, he indicated that the development agreement could not absolutely protection to the City if there was a future change in the law He stated that development agreements, as opposed the conditions of approval, are contractual arrangements and only rarely do changes in the law impact those arrangements Commissioner Slayden asked if the Seabreeze project or Golden Cove were subject to development agreements City Manager replied that these projects were not governed by development Planning Commission Minutes October 14, 11997 Page 3 • • agreements, but that they were subject to conditions of approval He stated that the development agreement for the Ocean Trails project primarily involved the long term financial matters Commissioner Alberio moved to open the Public Hearing on Agenda Item No. 1, seconded by Commissioner Cartwright and passed, (4-0). Chairman Vannorsdall asked if there were any speakers for this item. Recording Secretary Atuatasi replied that there were none Chairman Vannorsdall moved to close the Public Hearing on Agenda Item No. 1. With no objections from the Commission, the public hearing was declared closed by the Chairman, (4-0). Chairman Vannorsdall asked the Commission if they desired to discuss Item No 1 The Commission had no comments Chairman Vannorsdall asked the Commission for a motion regarding this item Commissioner Slayden moved to adopt P.C. Resolution No. 97-47, thereby recommending to the City Council the adoption an ordinance amending Article VII of Title 17 of the Municipal Code to add a new Chapter 17.823 to create a procedure for processing Development Agreements. The motion was seconded by Commissioner Cartwright and passed, (4-0). Commissioner Cartwright moved to open the Public Hearing for Agenda Item No. 2. The motion was seconded by Commissioner Alberio and passed, (4-0). Chairman Vannorsdall asked if there were any speakers for this item Ms. Barbara Dye (representing Zuckerman Building Company) 7035 Hartcrest Drive, stated that she was present to answer any questions for the Commission Commissioner Alberio moved to close the Public Hearing, seconded by Commissioner Cartwright and passed, (4-0). Chairman Vannorsdall asked if the Commission desired to discuss this item The Commission had no comments Planning Commission Minutes October 14,1997 Page 4 Chairman Vannorsdall asked the Commission for a motion regarding this item Commissioner Alberio moved to adopt P.C. Resolution No. 97-48, thereby recommending approval of Addendum No. 6 to Environmental Impact Report No. 36 to the City Council and, adopted P.C. Resolution No. 97-49, thereby recommending approval of the Development Agreement between the City and the developers of the Ocean Trails project to the City Council. The motion was seconded by Commissioner Cartwright and passed, (4-0). ITEMS TO BE PLACED ON FUTURE AGENDAS Staff Commission The Commission requested that all future notices for Public Hearings be mailed to them. None ADJOURNMENT At 7:58 P.M. Commissioner Slayden moved to adjourn the meeting, seconded by Commissioner Cartwright. There being no objection, the meeting was duly adjourned by the Chairman. N iGROURPLANNINGTWINNIN09 09 Planning Commission Minutes October 14,1997 Page 5