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PC MINS 19980324CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING MARCH 24, 1998 Approved 4/14/98 61 -- The meeting was called to order at 7*07 P M by Chairman Clark at the Hesse Park Community Building, 29310 Hawthorne Boulevard. FLAG SALUTE The Pledge of Allegiance was led by Commissioner Albeno. ROLL CALL Present. Commissioners Alberio, Lyon, Paris, Slayden, Vannorsdall, Vice Chairman Cartwright, and Chairman Clark Absent None Also present were Acting Director/Secretary Rojas, Senior Planner Snow, Associate Planner Pfost, Associate Planner Fox, and Recording Secretary Atuatasi. APPROVAL OF AGENDA Commissioner Vannorsdall moved to approve the agenda as presented. The motion was seconded by Commissioner Paris and passed, (7-0). COMMUNICATIONS Staff Staff distributed two items of late correspondence from Mr. Avery Knapp and Mrs. Magda Kispall regarding Agenda Item No. 3 (Height Variation No. 827 - Appeal) and draft Conditions of Approval pertaining to Agenda Item No. 4 (Conditional Use Permit No. 196, Tentative Parcel Map No. 24656, Grading Permit No. 1903, Sign Permit No. 842, Site Plan Review No. 7942, and Supplement to Final Environmental Impact Report No. 27). Commission. Chairman Clark informed the Commission of the California Contract Cities Association's '15th Annual Commissioner's Workshop' on April 4, 1998 in Cerritos, and reported on his attendance at the Mayor's Monthly Breakfast. Commissioner Alberio received a letter from the Mayor regarding the City's 25th Anniversary and stated that the City was seeking volunteers to assist with preparations for this special event. In addition to Commissioner Alberio's comment, Chairman Clark informed the Commission, Staff, and public that a dinner dance would be held on Friday, October 9, 1998 at Los Verdes Country Club in commemoration of the City's 25th Anniversary. Chairman Clark stated that there was an article in the Palos Verdes Peninsula News regarding Mayor Pro Tem Hollingsworth, the designer of the City logo, and his new design of a pin for the City's 25th Anniversary. CONSENT CALENDAR 1. Minutes of February 24, 1998 Chairman Clark requested that on page 4, paragraph 8, line 1 be modified to read as, ' set the standard ' Vice Chairman Cartwright requested that on page 10, paragraph 5, line 1 to insert the Vice Chairman's last name and read as, 'Vice Chairman Cartwright ' 2. Minutes of March 10. 1998 Commissioner Slayden requested that on page 4, paragraph 1, line 1 to add the project description (applicant name and address) and read as, ' Mr John Resich, Green Hills Memorial Park, 27501 South Western Avenue' Vice Chairman Cartwright requested that on page 13, paragraph 2, line 8 be modified to read as, ' $100,000 00 dollars and ' Commissioner Slayden moved to approve the Minutes of February 24, 1998, (7-0) and March 10, 1998, (6-0-1) as amended. The motion was seconded by Commissioner Vannorsdall with Chairman Clark abstaining since he was not present at the March 10, 1998 meeting. Planning Commission Minutes March 24,1998 Page 2 CONTINUED BUSINESS None. PUBLIC HEARINGS 3. Height Variation No. 827 - Appeal and Grading Permit No. 1887: Jane Botello, 7400 Alicia Place; Avery Knapp, 7435 Alida Place; Jimmy Naumovski, 7420 Alida Place; and, Ken Nishide, 7440 Alida Place rappellants] - Leslie and Magda Kispal. 7455 Alida Place [applicant]. Associate Planner Fox presented the Staff Report and stated that the applicant submitted an application for a Height Variation and a Grading Permit requesting construction of a new 7,333 square -foot 2 -story single-family residence on a vacant lot at the southeast corner of Alida Place and Palos Verdes Drive West. The application were deemed complete in December 1998. Based on the 'Old' Development Code, the Height Variation component of this project required Staff level decision, and the Grading Permit required Planning Commission consideration The projects were presented to the Commission together based on an appeal of the Staff level approval of the Height Variation Mr. Fox stated that the application was reviewed and conditionally approved by the Acting Director on February 9, 1998, and was appealed on February 23, 1998 by four of the neighbors at Alida Place during the 15 -day appeal period (February 11-26, 1998) In conclusion Associate Planner Fox stated that based on the analysis presented at that evening's meeting and information in the previous Staff Report Staff believed that the applicable findings could be made to approve the requested grading under Grading Permit No. 1887. Staff therefore recommended denying the appellants' request and upholding the Director's approval of Height Variation No. 827 and approving Grading Permit No. 1887 for the proposed project, subject to conditions Vice Chairman Cartwright observed that In July 1996 the application was submitted, in September 1996 the paperwork was approved, and the silouhette was erected in October 1996, but collapsed shortly after Mr Cartwright observed that the silouhette was reconstructed thirteen months later (December 1998) and inquired why there was a lapse in between that time period Associate Planner Fox replied that the applicant had submitted Height Variation applications for two lots on Alida Place in July 1996 and intended to process the Planning Commission Minutes March 24,1998 Page 3 0- • applications concurrently, but for the reasons of their own decided to split the applications After the silouhette collapsed on the subject lot, the applicant proceeded with the application for the property at 7460 Alida Place Upon completion of the process for 7460 Alida Place, the applicant started working on the current application, and decided to re -erect the silouhette Commissioner Alberio inquired if Staff was aware of neighborhood consultation between the neighbors and the applicant. Associate Planner Fox replied that the applicant submitted the necessary number of signatures to meet the early neighbor consultation process Commissioner Alberio moved to open the Public Hearing. The motion was seconded by Commissioner Paris and passed. Theodore Shield. (appellant's attorney) 1 World Trade Center, Long Beach, CA stated that his client requested a continuance of this item since he was out of the country and that he did not receive a Staff Report for review and analysis to comment on this item Chairman Clark asked Mr Shield if any of the other clients were present to give testimony Mr Shield replied that the remaining appellants were not present because he told them that he would request a continuance of this item to April 14, 1998 due to the fact that the Staff Report arrived late and that he felt there was not ample time for him and his client to review this information for commenting at the Commission meeting that evening Mr. Russ Barto. (applicant's architect) 3 Malaga Cove Plaza, Palos Verdes Estates, stated that there was a conflict in his schedule and that he would not be available if this item were continued on April 14, 1998 Mrs. Magda Kispal* (applicant) 30153 Cartier Drive stated that she was a resident of the City for approximately twenty years and requested that the Commission proceed with the hearing that evening since she felt that the proposed project had taken a long period of time and since she had scheduled surgery that would not allow for her presence at the April 14, 1998 meeting Due to the preference of the Commission that all parties be present for the hearing on this item, Staff recommended that the Commission continue the Public Hearing of this item to the May 12, 1998 meeting Planning Commission Minutes March 24,1998 Page 4 0 • Chairman Clark asked for Commission discussion on this item Vice Chairman Cartwright had no objections to a continuance however, he stated that he would like to see both parties present at the next scheduled meeting for this item Vice Chairman Cartwright also explained the schedule for the release of Staff Reports clarifying that the appellants received the Staff Report soon after its release Commissioner Vannorsdall stated his belief that since this item was scheduled to be considered at this meeting, testimony should be taken, and Commission decision should proceed Mr Vannorsdall felt that the item should be continued to a meeting that both parties could attend for final decision. Commissioner Lyon questioned why the unavailability of the Staff Report precluded the presentation of facts and testimony Chairman Clark stated his hesitancy to discuss the proposed project that evening since none of the appellants were present to give testimony Commissioner Paris stated his preference that the Commission consider the item at a later date Commissioner Alberio moved to continue the Public Hearing to May 12, 1998 and stressed that both parties be present at that meeting. The motion was seconded by Commissioner Slayden and passed by a roll -call vote, (6-1) with Commissioner Vannorsdall dissenting. Acting Director/Secretary Rojas intervened and stated that a request to speak was submitted for this item after the first speaker gave his testimony Chairman Clark replied that the Commission would be glad to hear this speaker if it pertains to the continuance date of this item. Mr. Richard Wright} 1818 South Elena Suite'E', Redondo Beach, CA stated that he preferred relinquishing his time to allow Mrs Kispal to speak. With Commission permission, Mrs Kispal informed the Commission that she met with one of the appellants, Mr Naumovski who told her that he no longer wished to be a part of this appeal Planning Commission Minutes March 24,1998 Page 5 RECESS AND RECONVENE At 8.10 P.M. there was a brief recess until 8 20 P.M when the meeting reconvened. 4. Conditional Use Permit No. 195, Tentative Parcel Map No. 24655, Grading Permit No. 1903, Sign Permit 842, Site Plan Review No. 7942, and Supplement to Final Environmental Impact Report No. 27; Marriott Senior Living Services, North and west of the intersection of Crestridge Road and Crenshaw Boulevard. Chairman Clark suggested that the process of for the Public Hearing of this item would begin with a comprehensive Staff Report presentation, testimonies from the public, and adjournent of the Public Hearing of this item to a special site visit at the proposed location of the Marriott Senior Living Services with the applicant, interested members of the public, and Staff He felt that it would be a meaningful visit of the project site and also would help the Commission to conceptualize aspects of this major project and to facilitate addressing concerns of the public From there, Chairman Clark stated that the Public Hearing would reconvene at a regular meeting for further discussion and possible decision Chairman Clark asked a member of the public to approach the podium who raised his hand to speak Mr Anthony Segretto, 5677 Mistridge Drive extended an invitation to the Commisison, Staff, and interested members of the public to his home to view the proposed site from his property Associate Planner Pfost presented the Staff Report and discussed a previously approved project for the subject 33 97 acre site. The approvals expired in April 1995 and the applicant submitted a revised, scaledown project on 4 57 acres of the property in September 1996. The proposed project includes a Tentative Parcel Map, Sign Permit, Site Plan Review, and Environmental Assessment. The proposed construction consists of a new 3 -story, 35 -foot high, 122 -unit assisted living facility with associated services on an existing vacant site This includes 28,600 cubic yards of cut and 28, 660 cubic yards of fill, subdivision of the existing lot into two lots, a sign permit, and two proposed satellite dish antennae The project was deemed complete in February 1997. Mr Pfost concluded his presentation by saying that Staff felt the proposed project met the findings that were necessary to approve the Tentative Parcel Map, Conditional Use Permit, Grading Permit, Site Plan Review, and Sign Plan In addition, Staff felt that the Final Supplement to FEIR No. 27 could also be approved Associate Planner Pfost Planning Commission Minutes March 24,1998 Page 6 stated that due to the complexity of this item Draft Resolutions were not included in the Staff Report that evening, but that Staff would submit the Resolutions with the Commission report for the next Planning Commission meeting on this item Chairman Clark asked for preliminary Commission questions for Staff Commissioner Alberto asked if the larger portion of the lot would remain with the same zoning when the subdivision is split and Associate Planner replied that both parcels would remain as currently zoned Commissioner Slayden asked about the depth of the proposed cut and Associate Planner Pfost replied that the cut is more than five feet Commissioner Slayden asked if the overall height of the building was below the sixteen foot height limit, and Mr Pfost responded that it was. Commissioner Paris asked why a trails plan is not established at this time and Associate Planner Pfost replied that the development of the subdivision would dictate where a trial would be best located, and that given the smaller scope of this project, Staff believed it to be appropriate to address this issue with the remainder parcel. Vice Chairman Cartwright could not recall from reviewing the Staff Report if the Eucalyptus trees and all foliage above sixteen feet would be removed. Associate Planner Pfost replied that part of the development of this project would include removal of the trees Commissioner Vannorsdall asked as part of the conditions to the proposed project the applicant would have to maintain the tree level at the ridgeline of the proposed project. Associate Planner replied that this was one of the mitigation measures that was established through review of the supplement Environmental Impact Report, and that the project would be conditioned accordingly Commissioner Vannorsdall moved to open the Public Hearing. The motion was seconded by Commissioner Alberio and passed. Mr Wayne Sant} (applicant) 3130 S Harbor Boulevard, Santa Ana, CA, stated that his firm currently has thirty Assisted Living Facilities similar to that proposed, each with the trade name of 'Brighton Gardens' Mr Sant stated that the property is owned by Host Marriott and that Marriott Senior Living Services has contracted to purchase 4 5 acres of the property. Marriott Senior Living Services, the applicant, is a separate business entity from Host Marriott, the property owner The remainder of the 33 97 acre site is under contract with the Palos Verdes Land LLC a separate entity not affiliated with Host Marriott or Senior Living Services Prior to the property being acquired by Host Marriott Planning Commission Minutes March 24,1998 Page 7 the property was owned by the Marriott Corporation, which split in 1992, and prior to that the site was owned by the Hon Company After receiving all the approvals for the now expired project in 1989 the action was challenged Mr Sant explained that Brighton Gardens (Assisted Living Facility) will meet the needs of seniors who are more frail and in needing of additional assistance with various activities of daily living. Since most seniors residing at this facility do not drive there would be very minimum traffic impact resulting from the proposed use Mr Sant stated that the architectural design of the structure and landscaping would incorporate the best elements for the surrounding community He stated that when he applies for building permits he will be required to pay significant fees to the City, School District, and the utility providers Mr Sant displayed a photo board of the proposed project for the Commission's viewing and summarized significant points that were presented in the Staff Report. Mr Sant stresses that the building height proposed was carefully considered by taking into account the grading The project was designed to balance the grading on-site and to impact views as little as possible Mr Sant presented a sectional diagram of the site to demonstrate the grading proposed in relation to the existing topography of the site Mr Sant stated his concurrence with the staff parking analysis, and felt that based on experience with similar facilities, problems should not occur Mr Sant further stated his willingness to shuttle in employees on very high traffic days (such as Mother's Day) to maximize parking available for guests at the facility Commissioner Paris questioned the applicants rationale for purchasing only a 4 57 acre site, when more property would have allowed greater flexibility in site design Mr Sant responded that the 4 57 acre site is larger than the average size for similar facilities in other areas, and that Marriott Senior Living Services typically only buys what it needs Furthermore, Mr Sant stated that the remainder of the area was under contract for sale to a different entity Mr. James Forsythe} 31 Cypress Way, Rolling Hills Estates, CA, felt that the trail path on the subject site was a community asset and thanked Associate Planner Pfost for his thorough and thoughtful expidicious response to his comment letter Mr. Ray Mathys, 5238 Whitecliff Drive, favored the proposed project and felt that this would be a major asset to the community Planning Commission Minutes March 24,1998 Page 8 Mr. Greg Barth, 5537 Seaside Heights Drive opposed the project and requested that a planting pallet or preliminary plant list be included in the plans Mr Barth's concerns included that palm trees would create a visual block, traffic noise would Increase, and that the parking spaces were Inadequate Mr. Anthony Se, rq etto, 5677 Mistndge Drive, stated that he supported the project, but felt that the applicant's proposed plans should conform to the City's code, the EIR deficiencies should be corrected, and City risk should be mitigated. Mr. Segretto felt that it was not necessary to truck soil through the streets and that exterior lighting and foliage must not interfere with the view of the City lights Mr Segretto also discussed the history of the lawsuit challenging the previously approved senior development, and that the intent to stall the project was achieved Lois Larue. 3136 Barkentine Road, felt that the Commission should not approve the proposed project. She stated that the topography should be preserved as indicated in the General Plan Therefore she strongly opposed the proposed project Mrs. Luella Wike, 29172 Oceanridge Drive, was mainly concerned that the design of the proposed structure would impact her view as well as other for her neighbors She suggested that a six- month review of the parking area be include in the conditions for the Conditional Use Permit, and stated her preference for EIR Alternative No. 1 which would reduce the pad elevation and reduce impact to views She believed that view preservation should supersede concerns about grading activities and concerns about the exported materials. Mrs. Wike expressed further concerns including parking, limitation on trails to pedestrian only (no horses), conditions regarding limits on vegetation height, screening, storm drain issues, use of low intensity lighting, noise, and signage that was too large Mr. Edward Nakata, 5663 Mistridge Drive, was concerned with his view being impacted and extended an invitation for the Commission to view the proposed project from his property After discussion of an appropriate time and day for a meeting at the Commission agreed to meet on Sunday, April 5, 1998 at 3.00 P.M. at the subject property for a site visit. Commissioner Alberio moved to continue the Public Hearing of this item to an Adjourned meeting at the project site on April 5, 1998 at 3:00 P.M. The motion was seconded by Commissioner Vannorsdall and passed by consensus of the Commission (7-0). Planning Commission Minutes March 24,1998 Page 9 NEW BUSINESS None. [HIM -2101: ;SayffolgaXON111all - I Staff 5. Pre -agenda for the Planning Commission meeting of April 14, 1998. Commission The Commission requested that an item for discussion of Planning Commissioners compensation be agendized for the April 14, 1998 meeting. COMMENTS FROM AUDIENCE (regarding non -agenda items) Lois Larue, 3136 Barkentine Road, discussed the landslide in the City and the Commissioner's recent approval of a new house on Tarapaca Road, and her sons recent letters to the editors of local newspapers ADJOURNMENT At 10:05 P.M. Commissioner Paris moved to adjourn the meeting, seconded by Vice Chairman Cartwright. There being no objection, the meeting was duly adjourned by Chairman Clark to March 28,1998,10:30 A.M. at the Hesse Park Fireside Room. N.\GROUP\PLANNING\PCMIN\MIN03-24 98 Planning Commission Minutes March 24,1998 Page 10