PC MINS 20071127 Approved
January 22, 2008
CITY OF RANCHO PALOS VERDES
PLANING COMMIISSION MINUTES
REGULAR MEETING
NOVEMBER 27, 2007
CALL TO ORDER
The meeting was called to order by Chairman Gerstner at 7:08 p.m. at the Fred Hesse
Community Room, 29301 Hawthorne Boulevard.
FLAG SALUTE
Commissioner Karp led the assembly in the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Karp, Knight, Lewis, Ruttenberg, Vice Chairman
Perestam, and Chairman Gerstner.
Absent: Commissioner Tetreault was excused.
Also present were Director of Planning, Building, and Code Enforcement Rojas and
Principal Planner Mihranian. Dave Snow from the City Attorney's office and Glenn
Lajoie, Rita Garcia, and Paul Martin from RBF Consultants were also in attendance.
APPROVAL OF AGENDA
The Agenda was unanimously approved as presented.
COMMUNICATIONS
Director Rojas distributed three items of correspondence for Agenda Item No. 2.
COMMENTS FROM THE AUDIENCE (regarding non-agenda items)
None
CONSENT CALENDAR
1. Appeal of Site Plan Review (Case No. ZON2007-00143): 30057 Via Victoria
Director Rojas presented a brief staff report, explaining that that this is a Resolution
memorializing the decision made by the Planning Commission at the last meeting.
The consent calendar was unanimously approved as presented.
PUBLIC HEARINGS
2. Revision "E" to Conditional Use Permit No. 9 (Case No. ZON2005-00395):
30800 Palos Verdes Drive East
Commissioner Karp recused himself from the public hearing and left the dais.
Commissioner Ruttenberg stated that before becoming a member of the Planning
Commission he had expressed his views regarding this project to the local newspaper
and the City Council. He explained that as a Planning Commissioner he felt that he
could look at this project in an unbiased manner and follow the laws of the City,
however he did not want to have his participation in this matter to create the
appearance of impropriety, and therefore he recused himself from the public hearing
and left the dais.
Principal Planner Mihranian began his staff report by explaining the purpose of this
meeting is to receive comments on the content of the draft EIR, and that the discussion
of the actual merits of the project will be held at a later meeting. He also noted that the
Traffic Safety Commission will be holding a meeting in December to hear comments
specific to the traffic and circulation section of the draft EIR. Mr. Mihranian gave a brief
description of the proposed project and displayed a site plan of the proposed project.
He explained the planning process involved and that this meeting is part of the
environmental review process. He explained that public comments relating to the merits
of the project will be heard when considering the actual planning applications for the
project.
Glen Lajoie (RBF Consulting) briefly explained the environmental review process,
explaining the next step is to gather all written and verbal comments received by the
January 4, 2008 deadline and to respond to each of the comments. He explained how
the draft EIR is organized and how the final EIR will be prepared.
Rita Garcia (RBF Consulting), referring to a power point slide, gave a brief overview of
the draft EIR topic sections.
Chairman Gerstner opened the public hearing.
Chairman Gerstner noted that the applicant has requested, and was granted, 30
minutes for their presentation.
Michael Brophy (President of Marymount College) explained that the goal of this project
is to modernize the campus while addressing the concerns of the neighbors, and that
the draft EIR demonstrates that they have succeeded in achieving this balance. He was
generally pleased that the draft EIR identified only three potentially significant
environmental impacts created by the project: temporary construction noise, a
perceived view impact to non-General Plan protected views from along the south slope
Planning Commission Minutes
November 27,2007
Page 2
of the campus, and some additional cumulative traffic at the intersection of Palos
Verdes Drive East and Palos Verdes Drive South. He stated that since the potential
impacts are limited, he planned to similarly limit his comments to those three issues,
along with a discussion of the split campus alternative, adding that more detailed written
comments would follow in the coming weeks. He discussed what the draft EIR refers to
as the academic campus/living campus alternative, or as referred to by the college as
the split campus alternative. He felt this alternative would cause a permanent division
of the campus and agreed with the draft EIR that this alternative does not fully satisfy
CEQA requirements that it is an environmentally superior alternative and fails to meet
most of the project's objectives. He described the basic project objectives, including on
campus,housing for freshmen, an enhanced learning and living environment, and
ensuring the college's reputation as a distinguished institution. He explained that for
Marymount College to fulfill its educational and religious mission students and faculty
must live in a community and be able to relate to each other both inside and outside the
classroom. Therefore the student residences must be built in close proximity to
academic buildings, not miles away in another city. He stated that the plan will also
allow Marymount to fulfill their mission by providing centralized facilities for secular
activities, including sports. He stated that the split campus alternative and the no
project alternative would separate the living environment from the learning environment
in a manner that runs contrary to the college's overriding objectives and basic principles
of catholic education. He felt the alternatives were counter-intuitive and runs contrary to
the spirit of most people in the room. He stated that he looks forward to working with
the City and the neighbors to reach decisions and compromises that will enhance the
college and the community.
Richard Grotz (Vice Chairman of Board of Trustees of Marymount College) submitted to
the Commission for incorporation into the record of proceedings a detailed summary of
Marymount's entitlements, including applicable resolutions, conditions of approval,
environmental assessments, and staff reports. He discussed the history of Marymount
College, noting that having a residential college campus in the City is not new to
Rancho Palos Verdes, nor is having a residential educational institution on this specific
site new to Rancho Palos Verdes. He noted that nearly 30 years ago over a three year
period the City reviewed and endorsed Marymount's plan to establish a residential
campus for 200 students based on the findings of no significant environmental affects.
He read from a past Planning Commission approval to allow dormitories at the
Marymount College site, noting passages which state that the proposed dormitory
.structures are permitted in the Institutional zone since they are part of and necessary to
the function of the educational facility. With respect to traffic in that 1978 decision, the
City's traffic engineer found no traffic related reasons to deny construction of dormitories
on the campus. He stated that as a member of the Board of Trustees and a Rancho
Palos Verdes resident he felt that after a thorough review, the Planning Commission will
be able to certify the EIR with appropriate mitigation measures that will allow the
campus to proceed with its improvements as proposed.
Michael Laughlin (project manager and planner representing Marymount College) noted
that the draft EIR identified only three significant impacts from the proposed project:
Planning Commission Minutes
November 27,2007
Page 3
construction, aesthetics, and traffic. He stated that while Marymount College is pleased
that so few potentially significant impacts have been identified, the college also strongly
believes that the facts and analysis presented in the draft EIR do not support the
proposed findings of significant.
Scott Boydstun (project architect) discussed the different phases of construction
proposed for the project, and the need for these phases. He explained that the first
phase, which consists of grading and demolition, will be done in a three month period
and anticipated that a large amount of the construction related noise will be happening
during this time. He proposed that this work be done in the summer while the college is
out of session. He stated that the second phase will be the actual building of the
buildings on the prepared sites, and the third phase would be the building of the
residence halls and some minor additions throughout the campus. He noted that, in
discussing noise, the draft EIR correctly refers to the site as a "soft site", however uses
a rate to study noise which is typically applied to "hard sites", which are highly urbanized
and consist of reflective surfaces. He felt that by using the hard site rates, the draft EIR
has added 10 to 15 decibels to the sound decibels, thereby artificially raising the noise
level beyond the 70 decibel threshold. He referred to the Long Point noise analysis,
and noted that, despite a relatively similar proximity to residences and the finding
regarding the potential for short term excessive noise levels, the EIR for Long Point
concludes that such impacts were exempt due to their short term nature and the
requirement for adherence to the City's noise regulations. He did not think the City
could apply different standards to Marymount's project, a religious use, than those it has
applied to a commercial project such as Long Point. He also explained that over the
years the City has given the college approvals for many improvements on the campus
which have included grading and the creation of artificial fills and man made slopes,
which are now described in the draft EIR as extreme slopes. He stated that with this
new project the artificial slopes will be removed and graded down to natural grade,
resulting in no buildings being built on artificial fill or extreme slopes.
Don Davis (attorney representing Marymount College) discussed the project in terms of
the General Plan consistency, including a discussion on Urban Element Policy 11. He
stated that the College will conform to the Policy by using certain structural techniques
to conform to the terrain when building the residence halls and athletic facilities. He
showed pictures of homes that have been approved on hillsides, which he felt are
similar to the proposed development at Marymount. He felt that when looked at more
carefully, the conclusion will be that the project is consistent with the General Plan
Greq Moscetti stated that the draft EIR found that there will be no General Plan
designated viewing areas that will be impacted by the proposed construction, no impact
to designated vistas, no impact to views of structural focal points, or impact to views of
bridges, the ocean and Catalina Island, and no mitigation measures were
recommended. He discussed the visual character, noting that the General Plan states
that the view is observed from a route used by a majority of the populace. He noted
that the City regularly approves projects that are very prominently visible from public
rights-of-way, and showed pictures of some examples. He compared the Marymount
Planning commission Minutes
November 27,2007
Page 4
EIR to the Long Point EIR in terms of aesthetics. He stated that the evaluation of
aesthetic impacts can be subjective due to widely varying personal perceptions, and
showed several photographs which he explained depicted how the views of the college
from Ganado Drive and the area below the college will be screened by the existing
landscaping. He concluded by stating that upon further review he felt that the City will
find the potential change to visual character, as defined in the General Plan, not to be
significant after implementation of the additional landscape screening recommended in
the draft EIR.
Don Davis stated that traffic is a major issue on the peninsula and was pleased that
there would be meetings before the Traffic Safety Commission to discuss the traffic
impacts of this project. He stated that there are three intersections that are potentially
impacted by this project and there have been mitigation measures suggested for all
three. He discussed current traffic counts and trip forecasts and questioned whether
the numbers presented were real numbers or a question of methodology. He explained
that using the widely accepted ITE rate based on enrolled students, the project would
have no new trips because it's based on enrolled students and the student numbers are
not changing. However, he noted that the EIR does not use that rate, but uses a rate
for square footage, which gives 27 new trips per 1,000 square feet. He urged everyone
to attend the Traffic Safety Commission meeting where he will have a full chance to
review the traffic issues.
Lois Karp (representing Concerned Citizens Coalition Marymount Expansion) stated
that nothing could impact the neighborhood more than the proposed expansion of
Marymount College, noting that the proposal would take the existing 92,000 square foot
campus to one of approximately 210,000 square feet on a parcel of not quite 25 acres.
She felt that this constituted a major change in the land use of the site, noting that the
site will be used 24 hours a day, 365 days per year. She stated that Marymount
College claims they need to have residence halls on campus to be competitive with
other colleges, however she noted there are no two-year colleges west of the
Mississippi River that have residence halls on campus. She explained that the
neighbors have consistently complained about the 750 student cap, as it only takes into
account the average of the spring and fall enrollment. She stated it has nothing to do
with the other programs operated on the campus, such as summer school and weekend
college. She stated the complaint of the neighbors is the number of people using the
campus. She stated that at the scoping session Marymount promised they would not
,change the student cap and will take the cars off of the street. However, in reading the
draft EIR neither come to fruition. She noted the statement on page 3-10 which says
there are a 216 parking space deficiency and the inconsistency of page 5.3-24 where
there is a 278 car deficiency. She stated that the student cap is more complex, as there
are so many activities going on at the campus. She stated that there is a Conditional
Use Permit that limits the use of the campus, however she did not think that Marymount
looks at the CUP very often. She showed the Commission flyers advertising various
camps and classes taking place at the campus, and questioned why the CUP has not
be amended to reflect these activities. She felt that the college is much larger and is
going to be larger than what is reflected in the CUP. She stated that CCCME has
Planning commission Minutes
November 27,2007
Page 5
studied the draft EIR and feels there are constant inconsistencies and that many of the
mitigations have no basis. She stated that there are three significant and unavoidable
conflicts identified in the draft EIR and therefore felt that this EIR should not be certified.
She noted the entire project needs variances and has massive amounts of grading,
which will be unacceptable to the surrounding neighborhood. She noted that the San
Ramon Canyon and South Shores Landslide are both directly adjacent to the college,
and the neighborhood is very concerned that the constant vibration from the grading
and construction could cause a landslide. She asked that the Planning Commission
follow all of the codes and rules, and that the neighborhood is not asking for any special
favors. She asked that the Planning Commission factor in the closeness of the
surrounding homes and take that into consideration. She stated that bringing in the
residence halls and large athletic facility degrades the neighborhood properties. She
noted that the area around the college is like an amphitheatre, and neighbors can hear
everything going on at the college now, and questioned what it will be like once the
dorms and athletic facilities are built. She pointed out that one of the mitigations is a
noise monitor and another is a student code. She stated that will do nothing for the
noise. She stated that CCCME has never been opposed to the remodel and renovation
of the present campus, noting that it is the adding of the residence dorms and large
athletic facility that the neighbors are very concerned about. She noted that;the College
has ample land in San Pedro to use for more residence halls, and will continue to use
the ones that are already in place.
Marc Harris was concerned with what he felt was a discrepancy on the grading plans,
noting that if the numbers shown on one of the pages was correct, the proposed wall
would completely block his view of Catalina Island and the ocean. He was also
concerned that certain proposed landscaping would block his views as well. He
discussed the lighting plan, noting the light and glare that would impact his property and
there is no night visual simulation in the draft EIR. He stated that with the proposed
lighting plan his night view of the lights at Avalon and Two Harbors will be lost. He
discussed setbacks, acknowledging a five-foot setback, however recommended a
structure setback of 20 feet for all of the homes on San Ramon Drive because of noise,
view impairment, air quality, light and glare, and property value impact. He
recommended that RBF Consultants produce an accurate, cohesive, and
comprehensive to the City at no charge; that MAC Designs and Rasmussen and
Associates provide to the City up-to-date accurate designs and data at no charge;
Marymount College should provide plans that do not have significant and unavoidable
consequences to the City's zoning codes and General Plan; and Marymount should hire
a consulting firm that can deliver a smart growth strategy which includes a
modernization growth plan.
Sam VanWagner expressed concern with the project time frame of eight years
presented by Marymount College, noting that Marymount is not proposing constant
construction during that time, so that there will be periods of inactivity where the
neighbors will be viewing a graded, partially built campus. He also stated that
construction delays are not uncommon and therefore the construction time could be
significantly longer than 8 years. He questioned the lack of contingency plans in case of
Planning Commission Minutes
November 27,2007
Page 6
construction delays, using the new parking lot as an example and questioned where
students and faculty would park if the new parking area was not complete in time. He
stated that the draft EIR does have a contingency plan that parking will be provided at
the north housing facility, and people would be bussed from that location. He was
doubtful whether this would be a realistic plan, especially for the construction workers.
He asked to see a realistic and complete contingency plan for this 8 year construction
project. He was also confused by the reduced densities alternatives time of completion
described in section 7.2, starting at page 7-6. If a slightly reduced project can be
completed in two years, why is Marymount taking eight years to complete the proposed
project. In addition, the hydrology section of the report at 5.7.4.1 on page 5.7-16 states
the proposed project would alter drainage patterns which could result in increased
erosion potential and runoff amounts. Neither the proposed storm drain watershed plan
nor the phasing section delineate when this important piece of the project will be
completed, even though the parking lots and the new entry drive, as well as other
pieces of the project scheduled to be completed in phase 1, and would obviously
exasperate the runoff problem. Finally, he noted that the plan shows the Health Center
being eliminated in phase 1, but did not see on the plan where a new one would be
located and built.
George Zugsmith stated that his concerns center on the public services section of the
draft EIR, specifically police protection. He created a handout which he stated shows a
Table that represents an outline of that which is contained in the draft EIR versus what
are actual facts. He questioned who would pay for the increase in service from the
Sheriffs Department if needed. He stated that it would not be Marymount College, as
they do not pay any taxes, and therefore it would be the residents indirectly through the
City. He stated that the draft EIR suggests that the mitigation is a private security
program together with a review of Marymount's code of conduct. He stated that there is
Federal legislation which requires campuses to report criminal data, the failure of which
can result in a loss of funding. He questioned if there is a Marymount Code of Conduct
in place and what security is currently in place. He felt the draft EIR is flawed, not
factual, unreliable, of dubious value, and should not be certified.
Frank Melton stated that Vista Del Mar homes will be in the direct line of site of the
proposed athletic facility, pool, soccer field, and tennis court, and just below the
proposed residence halls. However, there is no presentation in the draft EIR regarding
Vista del Mar. He was concerned about the noise generated from these facilities and
.corridors that would directly affect the homes on Vista del Mar. He asked that the
special conditions on Vista del Mar be looked at, including their higher wind rates and
how that affects the sound from the campus. He also was concerned with the proposed
8 years of construction, and that the mitigations will not take care of the problems on
Vista del Mar.
John Feyk stated his concern was with the underlying geology of the project, as he did
not want the grading or construction to trigger some type of land movement for the San
Ramon or South Shores landslides. He compared this draft EIR to the one done for
Ocean Trails, reminding the Commission that Ocean Trails did slide during construction.
Planning Commission Minutes
November 27,2007
Page 7
He stated that the mere worry involves items such as hydrology, drainage during
construction, years of construction where drainage may not be finalized, and vibration
from the construction. He noted that the risk is low, however the cost to the residents if
something should happen is very high. He stated that the City does not have the
funding to compensate if something should happen. He pointed out in the draft EIR a
statement that the height difference between the highest and lowest parts of the
campus is 40 feet, when in fact it is closer to 150 feet. He also noted the statement that
the campus is approximately 2.0 miles from the Trump golf course, while he felt it was
closer to 1.0 miles. He stated he would like to see what the factor of safety is in the
area of work at the college.
Tom Redfield discussed and read from the hydrology section of the draft EIR and the
major mitigation that will have to be put in place for the project. He stated that CCCME
appreciates the 16 major draft EIR upgrades on hydrology that RBF Consultants
created to replace the woefully inadequate hydrology submission by Marymount
College. He stated that a senior executive consulting engineer believes that
implementing all of RBF's hydrology mitigation measures may reduce some of the
negative hydrology impacts to less than significant. He stated that nowhere in the 8
year phased plan at Marymount is any hydrology mitigation shown. He stated that the
draft EIR is incomplete, as it states that watershed drainage will cut across the entire
southern slope to get to the western slopes retention basin, however it is not shown on
the various exhibits. He was concerned because the catch basins are designed to
detain water a maximum of 96 hours, and questioned what happens if the catch basins
overflow. He noted that the draft EIR states that Marymount should be required to
maintain the catch basins, however he felt that the draft EIR should also require the City
to periodically inspect the quality of the maintenance during the rainy season. He felt
that prior to the issuance of any grading permit the Director of Public Works and the City
Engineer should review and approve the revised storm water drainage plan and that all
mitigating drainage steps must actually be employed.
Dorian Dunlavev stated that she has two properties on Vista del Mar, and the
dormitories would be in the back yard of those two properties. She gave a brief history
of how Marymount College received the land in San Pedro, explaining that the CCCME
proposal is to use the land Marymount received from the Department of Education as
the living campus, and its present campus on Palos Verdes Drive East as the academic
campus. She stated there is more than sufficient room at the Palos Verdes Drive North
facility for Marymount to build three residence halls of 180 units to provide housing for
approximately 358 students, an athletic facility, a health center, and a student center to
include a cafeteria and computer lab. In addition, there is room for athletic fields, tennis
courts, parking, and more. At the same time, the Palos Verdes Drive East academic
campus can be remodeled and updated with the addition of a library and maintenance
building, with sufficient room for parking that would remove all of the cars from the city
streets.
Dan Willens discussed the reduced density alternative and felt the draft EIR is
inaccurate, contradictory, and defective by omission in its analysis of this alternative.
Planning Commission Minutes
November 27,2007
Page 8
He noted several sections in the draft EIR reduced density section where there are
inconsistencies and inaccuracies when compared to the geology and hydrology
sections of the report. He also stated that the impact comparison does not comply with
CEQA, it does not explain the criteria, and does not accurately determine the
thresholds of significant.
Mort Bauchman discussed the affordable housing alternative in the draft EIR. He felt
that placing a City requirement for affordable housing as an alternative to the expansion
plan is wrong and is not an alternative, but an addition to the plan. He stated that the
alternative also builds 7 additional units not required by code. He noted that the college
land is zoned Institutional and not zoned for apartments. Therefore a zone change and
General Plan amendment would be needed to build these additional units, as they are
not an ancillary use of the college. He asked when the hearings for these changes will
be held. He questioned where in the draft EIR it was discussed where the additional
parking would occur for these additional units. He stated that this affordable housing
alternative is not a feasible plan and asked that it be removed from the draft EIR.
Jack Karp stated that the proposed project could conflict with the land use plans policy
and regulations of the City of Rancho Palos Verdes and Development Code,
requirements on extreme slopes. He felt that development of the project could
substantially degrade the existing visual character and quality of the site and
surroundings, creating significant and unavoidable long term impacts to the visual
character of the site due to the introduction of the proposed athletic facility and
residence hall. He felt the draft EIR is inadequate, does not fulfill its obligations and
should be rejected.
Karen Thordarson asked that the draft EIR do a better job in addressing traffic, as she
did not feel the traffic study in the draft EIR made sense.
Lynn Elliott asked that the draft EIR spell out what other locations in the City are
available for affordable housing, and show the offset to those neighborhoods by having
those units on the Marymount campus.
Ari Requicha felt that adding residence halls to the campus is a huge change that will
have a major affect on the neighborhood. He stated there is nothing within walking
distance for these students living on campus to do, so they will have to drive. He also
felt that there is not enough parking available now and will be even less with this
proposed project.
Mike DeNardo stated that the dorms would permanently damage the surrounding
neighborhoods and change the nature of the neighborhood. He stated that 8 years of
construction is not short-term, as stated in the draft EIR. He was concerned with the
traffic situations, as well as the drainage and hydrology. He felt that the project will
have a negative impact on the surrounding property values. He also felt that the college
was asking the neighbors to dig into their pockets for 25 percent of their property
values. He felt that the draft EIR is incomplete and should not be certified.
Planning Commission Minutes
November 27,2007
Page 9
Kenneth Goldman (representing the EI Prado Homeowners Association) stated that the
main concerns of the HOA are population and housing, land use and planning, and
traffic circulation and safety. He stated that the proposed residence halls will add 255
people to this neighborhood, a significant impact of 6 percent. He noted the statement
in the draft EIR which states that the proposed two-story residence halls are in direct
conflict with the single-family residence policy in the community. He also noted that
Palos Verdes Drive East is not a major street and cannot accommodate the extra traffic
both during the week and on weekends. He stated this will have a significant impact on
the urban environment. He felt that the proposed residence halls should not be
approved.
Laura McSherry also had concerns with the hydrology of the area, with specific concern
around the San Ramon Canyon. She noted that the draft EIR does not mention the
Tarapaca Canyon landslide, the landslide at Trump Golf Course, and the Flying
Triangle, all of which were caused by failed hydrology. She stated that Section 5.79
speaks to urban runoff, and noted that the oil and grease from parking lots and
landscape materials find their way to the ocean by existing and proposed draining
patterns, which are unfiltered. She felt that Marymount College should obtain an
insurance bond to pay for any damage done to neighboring homes in the event of
failure of any part of their project.
Neil Nichols did not feel that denial of the proposed project would in any way jeopardize
the existing operation of the college and the neighborhood should not be compromised
because the college wants to expand their operations.
Mitch Hahn felt that the draft EIR understates and does not capture all of the crime in
the neighborhood and on campus. He stated that he is currently having foundation
problems on his residence and felt that it is associated with the drainage from
Marymount, and felt this should be addressed in the EIR.
Natalia Sookias (student at Marymount) understood the concern about traffic, however
noted that residence halls on campus would decrease the number of trips students
make daily because students living on campus would be able to walk to class rather
than have to drive to the campus. She also felt that students living on campus would
have more of a sense of community as the students could become more involved in
activities on campus.
Jim Jones felt that there was no benefit this proposed project would provide to
Marymount College that was enough to overwhelm the negative feelings and fears of
the neighborhood. He questioned what percentage of the footprint of the proposed
facilities enhancement goes outside the footprint of the current buildings. He asked
what percentage of the students commuting from the Palos Verdes Drive North facility
operates cars, and what percentage of the students commute from home.
Planning Commission Minutes
November 27,2007
Page 10
Suzanne Wright stated that in an EIR one cannot look at what the proponent of the
project is saying is the scope of the project, but rather one has to look at what the reality
is going to be, and what history tells you the reality is going to be. She stated that
Marymount has said there are substantial uses of the facility that they are
contemplating, including putting back in the pre-school that they are taking out. She did
not think any of the environmental impacts or mitigation measures in the draft EIR
analyzes the result the construction of a new preschool. She also noted that the
campus is open several nights a week to the public and that there is proposal of a
summer camp at the college, neither of which is analyzed or discussed in the draft EIR
in terms of extracurricular activities. She stated that the draft EIR is insufficient because
it starts with the wrong assumption based on the scope of what this project truly is going
to be. She also noted that in the traffic analysis the draft EIR used a formula for
apartments rather than a residential campus formula.
Chairman Gerstner closed the public hearing.
Assistant City Attorney Snow commented that the college driveway count summary
found in the appendix of the draft EIR is information gathered by the City's consultant,
which was deemed inadequate for the reliance for the study the consultant was asked
to complete. He stated that the consultant felt there were other methods available that
were more accurate, and therefore the information was not included in the draft EIR.
However, the applicant requested that this be included, even though the consultant did
not rely on it, and was therefore included in the technical appendices.
Commissioner Knight asked that it be made clear in the EIR that Marymount College is
a junior college, which is a two-year college. Regarding the traffic study, he asked that
it be clarified that the numbers used in the tables were the numbers taken from the
week day and weekend traffic counts done by the consultant. He was concerned that
the use of dorms would have an impact on traffic after 6:00 p.m. and weekends outside
of the time frame used of 11 a.m. to 1 p.m., which was not included in the study. In
discussing alternative transportation, he noted that the draft EIR included the Metro bus
line and the PV Transit green line, neither of which stop at the Marymount campus, and
questioned how that can be considered alternative transportation for the students. He
also questioned how the number of stops was determined, based on the current bus
schedules. He also noted that the gold and orange line schedules are geared for PV
School District, and have very limited bus service. He was therefore concerned with
some of the mitigation that suggests using these bus services. He asked for
clarification in 5.3-33 regarding the assumption made that weekend students would not
reside at the proposed on-site dormitory. Regarding the analysis of noise, he
questioned if the analysis took into account different noise frequencies, especially the
very powerful low frequency music that is readily available. He disagreed with the
statement in the draft EIR that vegetation will help mitigate the noise. He discussed the
hydrology and water quality and noted that the proposed drainage map indicates that
most of the drainage goes into the NCCP preserve and ultimately down to the ocean,
potentially impacting the inter-tidal zone. He was unclear in note 4 of the report if it is a
canyon being discussed that drains down into a wetlands area in the Trump golf course,
Planning Commission Minutes
November 27,2007
Page 11
and asked this to be clarified. He stated that he did not see a landscape chemical
management plan or integrated pest management plan to mitigate the addition of
nitrates, phosphates, pesticides, or herbicides in the water quality plan. He discussed
the existing downstream drains, which appear to be hydrologically deficient and
undersized and noted there is an increase in impervious surfaces from the project. He
asked the EIR address mitigations for the increase in the resulting volumes of water, as
well as the particular materials used in the storm drains. He felt a material that
corresponds with the 50 year time line should be considered. He felt that demolition
material diversion is an important part of the project, and suggested adding Downtown
Diversion to the tables in the EIR. He noted that the draft EIR does identify the land at
Marymount as neutral land per the NCCP plan, however what was not identified in the
draft EIR was the high priority for acquisition or conservation easement under the
NCCP, and asked this be considered in terms of alternatives. He also noted that in the
NCCP maps there are mappings of the Coastal Cactus Wren within the switchbacks,
and this is not mentioned in the draft EIR, as well as the Southern Cactus Scrub. He
referred to 5.9-17 noting that only the Bio 1 mitigation is included, and questioned why
the Bio 2 mitigation is not also included.
Chairman Gerstner referred to AQ-5 mitigations and stated that there should be
clarification about the general contractor putting certain notes and information on the
grading plans. In GEO-1 there is a discussion on corosivity testing in the soil, and
asked if that was applicable. In GEO-3 there is a discussion on the PV stone, and he
felt that this needed to be clarified in terms of whether or not the stone helps support the
structure or does not help support the structure. Referring to HYD-2 there is a
reference to exhibit 5.7-4 which should be 5.7-3. He also asked for clarifications in
PSU-2 and PSU-6 in terms of"divert the pavement" and recycling food waste.
Commissioner Lewis stated that he agreed with the questions brought up by Paul and
Suzanne Wright in their memo dated November 27, 2007 concerning the pre-school
and cultural events and the real world actual uses of the campus as proposed to the
uses described in the application. He also agreed with the comments made by Tom
Redfield in a memo concerning hydrology and the failure to address the mitigations
issues in the phasing. He asked that these questions be answered in the EIR. He
stated that he will not be able to attend the Traffic Commission meeting and if
Marymount College has anything in writing or in a power point presentation that they
were planning to use at the meeting, he would appreciate a copy.
Vice Chairman Perestam stated that he has read the draft EIR and will submit his
written comments and questions regarding the document to the Director after he has
had a chance to re-read the document.
Director Rojas stated that the comment period ends of January 4, 2008 and all
comments received, either in writing or verbally at this meeting, will be responded to in
the final EIR.
ITEMS TO BE PLACED ON FUTURE AGENDAS
Planning Commission Minutes
November 27,2007
Page 12
3. Pre-Agenda for the meeting of December 11, 2007
Commissioner Karp returned to the dais.
The pre-agenda was unanimously approved as presented.
ADJOURNMENT
The meeting was adjourned at 10:32 p.m.
Planning Commission Minutes
November 27,2007
Page 13