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PC MINS 19990309CITY OF RANCHO PALOS VERDES PLANNING COMMISSION REGULAR MEETING MARCH 9, 1999 CALL TO ORDER APPROVED 4/13/99 The meeting was called to order at 7:00 P M by Chairman Cartwright at the Hesse Park Community Building, 29310 Hawthorne Boulevard FLAG SALUTE Commissioner Alberio led the assembly in the Pledge of Allegiance to the flag ROLL CALL Present, Commissioners Albeno, Clark, Paris, Slayden, Vannorsdall, Vice Chairman Lyon, and Chairman Cartwright. Absent None Also present were Director/Secretary Rojas, Associate Planner Fox, and Recording Secretary Atuatasi APPROVAL OF AGENDA Commissioner Clark moved to approve the agenda as presented, seconded by Commissioner Vannorsdall. It was so ordered by Chairman Cartwright, (7-0). COMMUNICATIONS Council Policy Items Director/Secretary Rojas pointed out that the City Council Minutes of March 2, 1999 were included in their packets for informational purposes and briefly summarized items of note from that meeting The first reading of Code Amendment No. 42 had taken place that evening with additional language modifications agreed by the Council. Mr. Rous stated that this item would come back to the Council at the meeting of March 16, 1999 for adoption and would go into effect on April 16, 1999. Director/Secretary Rojas pointed out that the moratorium would expire and stated that applications for antennas held under abeyance would be processed Commissioner Alberio inquired about the status of Mr Abrams antenna trailer at 44 Oceanaire Drive Director/Secretary Rojas replied that Mr Abram complied with the City's request and lowered his temporary trailer antenna. Staff Staff distributed two items of late correspondence regarding Agenda Item No 2 (Tentative Parcel Map No 25271 and Environmental Assessment No 703) Commission Commissioner Paris received a telephone call from Mr Hilderbrand regarding the height of the canopy at the Chevron Station on Highridge Road and Hawthorne Boulevard Director/Secretary Rojas updated the Commission on this item and stated that the canopy height ended being higher that what was approved Staff spoke with the applicant and their attorney and discussed other options to resolve this issue and then advised them that height of the canopy must be lowered by one foot or it would need to go before the Council with modifications to the height of the canopy Director/Secretary Rojas stated that the applicant submitted a proposal on March 8, 1999 to the City to lower the canopy by two feet than the approved height. Staff has been working with the applicant on this issue but found that there was a clearance issue since the grade was not uniform Commissioner Paris shared an article published in the Los Angeles Times regarding land conversion into a public golf course in Palm Springs CONSENT CALENDAR 1. Minutes of February 23, 1999 Commissioner Paris requested that on page 4, paragraph 3, line 1 be modified to read as, `...stated that it would all be hardscape under the...' Vice Chairman Lyon requested that on page 7, paragraph 6, line 2 the words 'Regardless' and `of be replaced by the word `Regarding' Chairman Cartwright requested that on page 3, paragraph 7, line 3 be modified to read as, '...if that move had created the privacy issue at 30134 Avenida Celestial Drive.' Planning Commission Minutes March 9, 1999 Page 2 Commissioner Alberio moved to approve the Minutes of February 23, 1999 as amended. The motion was seconded by Commissioner Vannorsdall and passed, (7-0). CONTINUED BUSINESS 2. Tentative Parcel Map No. 25271 and Environmental Assessment No. 703: Palos Verdes Portuguese Bend Company, northwest corner of Crenshaw Boulevard and Crestridge Road. (KF) Associate Planner Fox summarized the Staff Report and stated that responses to the five issues regarding the proposed subdivision were raised at the January 26, 1999 meeting. However, Staff recommended continuance of this item for further research and analysis of the applicant's revised proposal As a result of Staff's additional research and analysis, the recommendation for the proposed parcel map was changed from conditional approval to denial with prejudice as indicated in the Staff Report Associate Planner Fox pointed out the correspondence received from Colony Holdings, Incorporated indicating withdrawal of their zone change application for the proposed Crestridge Estates project on a portion of the site Associate Planner Fox stated that Crestridge Estates was in the process of modifying their map so that there would be no conflict with proposal of this subdivision. Therefore, Staff recommended changing the recommendation of denial with prejudice to denial without prejudice Associate Planner Fox informed the Commission that Staff was working within a CEQA time frame for the proposed project and that the action deadline date was May 17, 1999. Chairman Cartwright asked the Commission if they had questions for Staff Commissioner Vannorsdall asked for clarification on Staffs recommendation for denial of the project with prejudice. Associate Planner Fox replied that due to the uncertainty of the Crestridge Estates proposal and the potential conflict with this map, Staff had previously recommended denying this application with prejudice to prevent a substantially -similar map from being submitted to the City before these issues were resolved Commissioner Clark asked Staff if there were applications submitted to the City in the past for parcels of this magnitude with concerns about geology, and which were approved without geotechnical analysis Associate Planner Fox replied that he was not aware of any similar applications of this kind nor were there any prior applications submitted to the City and approved on a subdivision for "conveyance purposes only" Planning Commission Minutes March 9,1999 Page 3 Director/Secretary Rojas pointed out that this project was the largest parcel map that the City had analyzed since the adoption of the new geology requirements in the Development Code Amendment of 1997. Vice Chairman Lyon asked for clarification on the meaning of denial with prejudice. Associate Planner Fox replied that the applicant would be prohibited for submitting an application for the same map for a period of one year. Commissioner Slayden asked Staff if they could briefly reply to the late correspondence received from Palos Verdes Portuguese Bend Company regarding to the postponement of the three hearings for this project and why geotechnical analysis was now required, when the applicant was previously told that geology studies were not necessary Associate Planner Fox replied that Staff reviewed the development history of this property in response to the concerns raised by the Commission at the meeting of January 26, 1999 and that the change in recommendation was a result of this additional research and analysis, including the review of previous recommendations and issues raised by former Staff and Commission members Director/Secretary Rous added that when Mr Walker approached him regarding the map, he pointed out that the City's Code had certain requirements (geology and buildable area) for the creation of parcels Mr Walker had explained that the map would be utilized for 'conveyance purposes' and was not a development project. Initially, the City Attorney agreed that the geology in buildable area requirements would not apply to a map for Conveyance Purposes Only. However, in discussing this issue further with the City, it was that a map for 'conveyance purposes' and a 'regular' map both create developable lots this contributed to the change of Staffs recommendation Chairman Cartwright asked if the City Attorney supported Staffs position that a map for conveyance purposes would require geotechnical/soils reports Staff replied that the City Attorney agreed that the necessary geology studies had not been completed. Vice Chairman Lyon asked if Staffs recommendation for denying the project was based on the lack of a geology report. Associate Planner Fox replied that there were two reasons, the first, being the geology issue and the second being the issue of land use and compatibility of the general plan Vice Chairman Lyon asked why land use was an issue for this application and Associate Planner Fox replied that the issue was adequacy of the map lots created by the proposed for future institutional uses. Vice Chairman Lyon believed that this request did not affect land use in any way Associate Planner Fox replied that the map does not change the land use, but would create two institutional parcels where only one currently exists Planning Commission Minutes March 9, 1999 Page 4 Vice Chairman Lyon stated that since the applicant requested a proposed parcel map in order to fulfill a legal obligation to the current owner, he felt it was adequate reason for approving and moving forward with the project Commissioner Clark moved to hear testimony from the applicant Mr Mike Walker, (applicant) 25200 La Paz Road, Suite 210, Laguna Hills, CA disagreed with Staffs current recommendation and felt that Staff should have advised him at the very beginning to obtain the necessary geotechnical/soils report for the subdivision Mr Walker stated that change of ownership was the concern at hand and not change in land use. Commissioner Clark asked what use was envisioned for Parcel Nos 1 and 2 Mr. Walker replied that his firm would not own Parcel 1, Parcel 2 could possibly be an annex for the Palos Verdes Art Center, and Parcel 3 could potentially be part of the NCCP Preserve system Commissioner Clark asked why Mr. Walker presumed that geology reports were not required for this subdivision, since he was aware of the active landslide adjacent the subject property, and also aware that the Development Code had changed Mr Walker replied that he spoke with Staff in Public Works and Planning and was informed that geotechnical/soils reports were not required. Commissioner Albeno asked Mr Walker if he could obtain the geotechnical/soils reports before the CEQA deadline date of May 17, 1999 Mr. Walker replied that his geologist could provide the necessary geotechnical/soils report within that time frame, but questioned if the City's geologist would have the time to review these reports before the CEQA deadline date Commissioner Vannorsdall asked Staff to respond to the allegations made by the applicant regarding geology requirements for the proposed subdivision map Director/Secretary Rojas replied that he met with Mr. Walker and discussed the different requirements of the Code regarding to the proposed map for `conveyance purposes' Director/Secretary Rojas stated that this subdivision map was unique since Staff had never processed an application of this type. Staff had concerns and referred them to the City Attorney for research While further researching these issues, the City Attorney found that the lots which were being created were circumventing the City's requirements for parcel maps Mr Lewis Latimer, 32357 Phantom Dave, represented Colony Holdings, Incorporated Mr. Latimer suggested the Commission consider the basic land use for the proposed subdivision map. He stated that Colony Holdings, Incorporated was under contract with Marriott for approximately 10 acres of Planning Commission Minutes March 9, 1999 Page 5 a i Parcel No 1 to develop Crestridge Estates as a residential subdivision Mr Latimer pointed out that they were revising their current zone change application and would re -submit to the City at a later date. Commissioner Vannorsdall clarified that if Colony Holdings were to submit a zone change application for a residential development, in the future it would require City Council authorization before it is considered by the Planning Commission. Director/Secretary Rojas stated that Colony Holdings, Incorporated had already gone through the general plan amendment initiation request procedure for the 10 -acre portion of Parcel No. 1 He stated that the City Council had commented on concerns regarding geology issues of the subject site. He also stated that the zone change application had been incomplete for approximately 18 months. Commissioner Slayden asked Mr Latimer if geology studies had been conducted on his part of the property and Mr Latimer replied that the geology reports have been completed. Commissioner Slayden saw no reason for not approving the proposed parcel map since the property for Colony Holdings was not the issue being considered before the Commission Lois Larue, 3136 Barkentine Road, expressed her concern with the geologic review conducted by Zeiser Kling Commissioner Alberio moved to close the public hearing. The motion was seconded by Commissioner Vannorsdall and passed. RECESS AND RECONVENE Chairman Cartwright called for a brief recess at 8 55 p m. and reconvened the meeting at 9.05 p.m. Chairman Cartwright asked Staff for alternatives regarding the proposed project. Director/Secretary Rojas replied that if the unresolved geology was the only outstanding issue, Staff would likely recommend a continuance since discussion between Staff and the applicant had resulted in alternatives to augment the existing geotechnical analysis which could be completed. However, the issue of the lots created by the proposed parcel map had not been adequately addressed and would require significantly more information and analysis from the applicant. Therefore, Staff recommended denial of the proposed parcel map without prejudice. Director/Secretary Rojas informed the Commission that the City Attorney was in support of Staffs position and pointed out the letter received Planning Commission Minutes March 9, 1999 Page 6 from Colony Holdings, Incorporated regarding the withdrawal of their zone application Chairman Cartwright asked for Commission comments and discussion on this item. Commissioner Alberio felt that the applicant's request should not be denied. He suggested a continuance of this hearing to allow the applicant to return to the Commission to address Staffs concerns in regard to the adequacy of creating the two parcels and the geotechnical analysis. Commissioner Paris concurred with Staff s recommendation to deny the proposed parcel map without prejudice. He felt that this was not in the City's best interest and stated that the applicant could return at a later date and address the land use issue Commissioner Slayden opposed Staffs recommendation for the proposed parcel map In the January 26, 1999 Staff Report Commissioner Slayden pointed out that Staff believed that the necessary findings for approval of the tentative parcel map could be made and furthermore, Staff believed that it would have no significant impact upon the environment. Commissioner Slayden felt that the map to allow transfer of ownership should be approved Commissioner Vannorsdall believed that the subdivision was wrong and stated that he would like to see Lot Nos 1 and 2 combined as one lot Commissioner Vannorsdall concurred with Staffs recommendation to deny the proposed parcel map without prejudice Commissioner Clark felt that more analysis for the subdivision was needed and supported denial of the proposed project without prejudice. Vice Chairman Lyon felt that the applicant's request should be granted since it did not have anything to do with the change in zoning, and since the proper geology studies could be provided at such time as any portion of the land was developed. Further, he felt that Lot No 1 did not have the problems associated with a potentially unstable portion as did Lot No 2. Vice Chairman Lyon stated that the northerly portion of Lot No 2 would probably not be developed by anyone and would remain as open space He pointed out two buildable areas, Lot No 1 and the easterly portion of Lot No 2 along Crenshaw Boulevard. Vice Chairman Lyon stated that if an existing contract required a portion of the subject property to revert to the original owner at the end of the 10 year period, he saw no problem with drawing a property line that satisfied this requirement. Vice Chairman Lyon supported approval for the proposed tentative parcel map Chairman Cartwright felt that requiring adequate geology and analysis of future land use of the subject property is consistent with the General Plan Chairman Planning Commission Minutes March 9,1899 Page 7 Cartwright believed that a two to three week continuance would not satisfy the need for a more complete analysis, and therefore opted to deny the proposed project without prejudice Commissioner Claris moved to accept Staffs recommendation and adopt P.C. Resolution No. 99-07; thereby denying Tentative Parcel Map No. 25271 and Environmental Assessment No. 703 without prejudice. The motion was seconded by Commissioner Paris and passed by a roll -call vote, (4-3) with Commissioners Alberio, Slayden, and Vice Chairman Lyon dissenting. Commissioner Slayden pointed out that Staffs recommendation for the project was listed as 'denial with prejudice' in the Staff Report Director/Secretary Rojas explained that Staffs recommendation for the project changed to denial without prejudice based on the late correspondence received from Colony Holdings Incorporated dated March 9, 1999 Chairman Cartwright noted the 15 -day appeal period ITEMS TO BE PLACED ON FUTURE AGENDAS Staff 3. Pre -agenda for the Planning Commission Meeting of April 13, 1999. Commission Commissioner Clark inquired about the follow-up from the York Long Point Project Pre-screening Workshop Director/Secretary Rojas replied that one of the main points made at the pre- screening workshop was that a financial analysis was needed In response, Director/Secretary Rojas stated that the City Manager prepared an item to the City Council to consider entering into an agreement with a consultant for this service However, when the item was discussed, the Council felt it was premature to bring in a consultant since there were still a number of unresolved issues that could change the financial picture of the York Long Point Project. However, Director/Secretary Rojas informed the Commission that since the workshop Staff has been working with representatives of York Long Point to resolve some of the questions in order to obtain an approximate figure of revenue from the proposed project COMMENTS FROM THE AUDIENCE Lois Larue expressed her concerns regarding Proposition 'M'. Planning Commission Minutes March 9,1999 Page 8 ADJOURNMENT At 9:26 P.M. Commissioner Alberio moved to adjourn the meeting to Tuesday, April 13, 1999 at 7.00 P.M. in the Community Room at Hesse park. The motion was seconded by Commissioner Vannorsdall. With no objections, it was so ordered by Chairman Cartwright, (7-0). WAMminutesX119990309 doc Planning Commission Minutes March 9,1999 Page 9