Rancho Palos Verdes City Council
   

JUNE 20, 2006 CASE NO. ZON2006-00188 (SPECIAL USE PERMIT AND COASTAL PERMIT – APPEAL); APPELLANT/APPLICANT: PENINSULA SENIORS JUNE 20, 2006 CASE NO. ZON2006-00188 (SPECIAL USE PERMIT AND COASTAL PERMIT APPEAL); APPELLANT/APPLICANT: PENINSULA SENIORS

JUNE 20, 2006 CASE NO. ZON2006-00188 (SPECIAL USE PERMIT AND COASTAL PERMIT APPEAL); APPELLANT/APPLICANT: PENINSULA SENIORS



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING & CODE ENFORCEMENT

DATE: JUNE 20, 2006

SUBJECT: CASE NO. ZON2006-00188 (SPECIAL USE PERMIT AND
COASTAL PERMIT – APPEAL); APPELLANT/APPLICANT: PENINSULA SENIORS

Staff Coordinator: Kristen Sohn, Associate Planner

RECOMMENDATION

Deny the appeal and authorize the Peninsula Seniors to submit a Special Use Permit application if they wish to consider the use of a portion of the City’s Upper Point Vicente property for the placement of two temporary trailers for office and classroom use, from July 1, 2006 to December 31, 2008.

BACKGROUND

The Peninsula Seniors offices are currently located at 810 Silver Spur Road in Rolling Hills Estates; however, they have a non-renewable lease that will expire in February 2007. Due to the pending expiration of their lease, the Peninsula Seniors approached the City’s Recreation and Parks Department about the possibility of using one of the City’s parks as a temporary location for the Senior Center. Staff analyzed a number of possible park locations before recommending the northwest section of Abalone Cove Shoreline Park’s parking lot.

On March 21, 2006, the City Council authorized the Peninsula Seniors to submit Special Use Permit and Coastal Permit applications to request the approval to place two trailers on the northwest portion of the existing parking lot at Abalone Cove Shoreline Park for use as an office and a classroom, from July 1, 2006 to December 31, 2008 (March 21, 2006 staff report attached). Ken Dyda of the Peninsula Seniors formally submitted the applications on March 27, 2006, and the applications were deemed complete for processing by Staff on March 29, 2006.

As the proposed site is located within the coastal zone, a public hearing was held on April 18, 2006, at which time the Coastal Hearing Officer (Director of Planning, Building and Code Enforcement) considered the applicant’s request. After hearing public testimony, the Coastal Hearing Officer approved the project with conditions to address the concerns raised during the public hearing by residents who live on Sea Cove Drive (see attached April 18, 2006 staff report and minutes).

The Coastal Hearing Officer’s approval of the Peninsula Seniors’ request was appealed to the Planning Commission on May 1 and May 2, 2006, by property owners William and Lynn Swank and Vicki Pinkham. A public hearing was held subsequently on May 23, 2006, at which time the Planning Commission considered the appellants’ request. After hearing public testimony, the Planning Commission overturned the Coastal Hearing Officer’s decision (3-2), thereby denying the Peninsula Seniors’ request (May 23, 2006 staff report attached). The applicant appealed the Planning Commission’s decision on May 26, 2006. The appeal is now before the City Council.

DISCUSSION

As described in the attached minutes and adopted Planning Commission resolution, the Planning Commission was not able to make all the required findings for approval of the Special Use Permit for the temporary trailers at Abalone Cove Shoreline Park. Specifically, the Commission felt that the proposed use would adversely interfere with the existing uses at the public park. There were also concerns raised by individual commissioners regarding impacts to adjoining properties and the CEQA review for the proposed use. In their appeal, the Peninsula Seniors address the concerns raised by the Planning Commission in denying the applications. The complete record, which includes all previous staff reports, public correspondence, memos, resolutions, and minutes related to the decision on the Special Use Permit and Coastal Permit applications for the use of the Abalone Cove Shoreline Park are attached for the Council’s review. In addition, the appellant’s letter, which discusses the specific grounds of the appeal is attached. Typically on an appeal such as this, Staff focuses its discussion on the main issues raised in the appeal. However, in this case, the Peninsula Senior’s time constraints for locating a temporary Center led Recreation and Parks staff to re-consider an alternative site. As such, Staff’s discussion is focused on the possible use of a portion of the City’s Upper Point Vicente property by the Peninsula Seniors.

Following the Planning Commission’s decision to deny the Peninsula Seniors use of a portion of the existing parking lot at the Abalone Cove Shoreline Park, the City’s Recreation and Parks Staff re-examined the possibility of accommodating a temporary Senior Center at the City’s Upper Point Vicente property. After examining the site and meeting with Peninsula Seniors President Ken Dyda, Recreation and Parks staff believes that the Seniors’ request could be physically accommodated on a portion of the City’s Upper Point Vicente property. As indicated on the attached aerial map, Staff believes that the area near the City’s maintenance yard can accommodate the Seniors’ two trailers and parking for 15 vehicles without adversely affecting the public use of Upper Point Vicente Park, access to the cable building and access to the City’s maintenance yard. In addition, Staff believes that the use of the location would not interfere with the Palos Verdes Art Center’s plans at Upper Point Vicente.

Staff is recommending that the City Council deny the appeal and authorize the Peninsula Seniors to submit a Special Use Permit application for use of the Upper Point Vicente site if they wish to pursue such an option. Similar to the application for the Abalone Cove Shoreline Park site, the Special Use Permit application would allow Staff the opportunity to provide notice of the request to the property owners within 500’ of the proposed site and work out the details of the proposal so that impacts to the neighbors and the public park users are avoided or minimized.

CONCLUSION

As discussed above, Staff believes that a portion of the City’s Upper Point Vicente Park can physically accommodate the Seniors’ request to place two trailers for temporary use. As such, Staff recommends that the Council authorize the Seniors to formally submit a Special Use Permit application so that in-depth analysis of the proposed site can be conducted through a public notice process.

ADDITIONAL INFORMATION

The proposed site on the Upper Point Vicente is located landward of Palos Verdes Drive South and, as such, is situated outside of the coastal zone. As such, the Seniors, if they are to act on the Council’s authorization to apply for a Special Use Permit, need not apply for a Coastal Permit.

Pursuant to the Coastal Commission regulations, no fee for an appeal of the Coastal Hearing Officer’s decision and the Planning Commission decision was required. As such, no fee has been received by either appellants and thus no fees need to be refunded.

Respectfully submitted:

Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement

Reviewed,

Les Evans
City Manager

ATTACHMENTS

- Aerial photographs of the proposed location
- Comments received for the June 20, 2006 City Council meeting
- Letter from Ken Dyda, dated May 24, 2006 (Grounds of Appeal)
- Late correspondences received for the May 23, 2006 Planning Commission meeting
- Minutes, Resolution, Staff Report, and all related attachments for the May 23, 2006 Planning Commission meeting