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PC MINS 199108190 MINUTES PLANNING COMMISSION MEETING AUGUST 19, 1991 The meeting was called to order at 7:45 p.m. by Chairman Von Hagen at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Commissioners Brooks, McNulty, Chairman Von Hagen ABSENT Commissioners Hotchkiss, Katherman Also present were Director of Environmental Services Robert Benard, Senior Planner Carolynn Petru, Associate Planner Joel Rojas, and Assistant Planner Donna Jerex. COMMUNICATIONS Chairman Von Hagen acknowledged receipt of numerous letters, most concerning Subregions 7 and 8 as well as several with regard to Windport. Director Benard distributed copies of communications received before the meeting concerning Windport. CONSENT CALENDAR A. P.C. Resolution No. 91-38 approving Minor Exception Permit No. 415 - Appeal located at 30412 Rhone Road Commissioner McNulty moved approval of the Consent Calendar, Commissioner Brooks seconded and the motion passed without objection. PUBLIC HEARINGS A. EXTREME SLOPE PERMIT NO. 28; Joseph R. Johnson, 6405 Corsini Place. permit application which will B. DRAFT SUPPLEMENTAL EIR FOR GRADING NO. 1390 OF TENTATIVE TRACT NO 37885, SECOND REVISION; J.M. Peters Co., n.w. corner of Forrestal/ Pirate intersection. Director Benard reported that the applicant has requested withdrawal of this application as he is pursuing another require renoticing. that this hearing is to receive the remedial grading. Comments Associate Planner Joel Rojas presented the Staff Report regarding the request to certify the Supplemental EIR for remedial grading activity involving a sum of 1.05 million cubic yards of grading (cut and fill). He emphasized public comments on the SEIR on on the merits of the project 1 PLANNING COMMISSION MEETING August 19, 1991 should be reserved for the public hearing tentatively scheduled for September 24. Referring to the Staff Report, Commissioner Brooks asked how the geotechnical hazards can be mitigated to an insignificant level. Mr. Rojas explained that when the initial SEIR was circulated there were still some issues open regarding landslide impacts but since then RSA, the City's consultants, have reviewed all geotechnical reports prepared for the project and have approved all reports with the incorporation of street design standards which are listed as mitigation measures in the SEIR. With the mitigation measures, the geotechnical hazards would be considered insignificant. Chairman Von Hagen opened the public hearing. Bob Trapp, J.M. Peters Co., 3501 Jamboree #200, Newport Beach, stated that rather than giving a formal presentation he would prefer to respond to concerns raised, with the assistance of the soils engineer, civil engineer and environmental planning consultant. He requested that the hearing on the merits of the project be held on September 10 rather than September 24. Al Esser, 72 Crest Road East, Rolling Hills, presented a poster showing rainy season views of the area. He raised concerns about landslides caused by underground water on bentonite deposits. He recommended implementation of a drainage system to control surface runoff and an improved sewer system. Bob Grahamer, 32427 Searaven Drive, commented that Ladera Linda homeowners were not notified of the public hearing and expressed concerns about the cumulative impact of grading for several projects in a geologically unstable area. He suggested consideration of land mass reduction and export of graded materials in the interest of land stability. Associate Planner Rojas replied that notices of the public hearing were sent to the president of record of the Ladera Linda Homeowners Association as well as other adjacent HOA's, all residents who spoke on the subject at previous public hearings, and all residents within 500 feet of the project boundaries. Regarding exporting, Mr. Rojas said that the proposed project does not involve off-site export of fill material but that the SDEIR analyzes the off-site export as an alternative to the proposed project in great detail so the options are still open and it could be done. 2 PLANNING COMMISSION MEETING August 19, 1991 Jan Smit, 3855 Pirate Drive, said he noticed repetition of the same problems in projects since 1982. Chairman Von Hagen reminded him that tonight's hearing was on the SEIR and discussion of the merits of the project would be heard at a future meeting. Angelika Brinkmann-Buri, 1354 Stonewood Court, San Pedro, spoke on behalf of the California Native Plant Society. She said the revision of the Draft EIR offers more detailed mitigation measures but still contains some contradictions. She felt that more detailed mitigation measures are needed, especially regarding buffer zones around rare and sensitive plants. Commissioner Brooks moved to continue the public hearing to September 10 because of the absence of two Commissioners. There was no second. Director Benard stated that the time period for receiving comments on the EIR is set by the State. Public hearings are not a requirement and the City encourages interested parties to comment in writing. The document is still out for review and comments may be submitted until September 4. Commissioner McNulty moved to close the public hearing, Chairman Von Hagen seconded and the motion passed 2-1 with Commissioner Brooks dissenting. Chairman Von Hagen declared the public hearing closed and stated the hearing on the merits of the project would be held Sept. 24. RECESS AND RECONVENE - A five-minute break was taken at 8:30 p.m. C. ZONE CHANGE NO. 19, Senior Planner Carolynn Petru TENTATIVE PARCEL MAP NO. presented the Staff Report 18947, GRADING NO. 1460; regarding the applicant's Pollock and Capellino, request to permit a zone end of Windport Drive. change and subdivision of the site into four single family residential lots. Staff's recommendation is to open the public hearing on the project applications, accept public testimony and consider the merits of the proposed project. The public hearing was opened. Tim Burrell, 4038 Exultant Drive, attorney for the applicants, commented on the Staff Report. Regarding the zone change, he pointed out that the density would be much lower than adjacent properties. He felt that rather than changing the zoning on 3 PLANNING COMMISSION MEETING August 19, 1991 portions of Lots 1 and 2 to OH, the applicant might offer a deed restriction on certain upper parts of the property and give it to the Land Conservancy or some other agency that would maintain it as open space. The grading plan has been revised to more closely follow the existing terrain. Mr. Burrell suggested that the Conditions of Approval specify the drainage course improvements to prevent erosion and percolation but allowing for growth of natural habitat to reestablish itself. He said the applicants will cooperate with what the community wants regarding trails. He asked for time to respond to residents' concerns at the end of the public testimony. Keith Tucker of NorCal Engineering, the applicant's geotechnical engineer, addressed Commissioner Brooks' question as to core samples. He said the bedrock, which varies in depth on the site from 51 to loot, was mapped and a stability analysis was done to verify that the structures would be safe under the anticipated loading conditions. He estimated that three or four core samples hit bedrock. Replying to Chairman Von Hagen, Mr. Tucker stated that caissons have been used in this type of construction since about 1920 and have been shown to be safe and effective. Holes are drilled with a rotary auger, metal casings lowered behind them, and then the auger is withdrawn. No pounding is involved and vibration is minimized. Regarding settlement of the land around the house, Mr. Tucker estimated no more than 111 to 211 where the thickest fill is. Mike Nichols of Landco Engineering, the applicant's civil engineer, said that with regard to staff's recommendation that part of Lots 1 and 2 be designated OH, it is better not to split the zoning on a lot and the deed restriction would keep the lots safe from any further development. James Crowley, 6644 Locklenna, asserted there is not enough information in the DEIR. He cited the need for additional facts on the test borings, the setback line required by the City geologists, the effect of the project on existing homes, and the environmental impact of the proposed mitigation measures. He pointed out several concerns raised in the DEIR and others in a letter from the California Water Service and asked for a written response that fully answers all the concerns. Ms. Petru said that Mr. Crowley's comments have been submitted in writing and therefore will be addressed by the EIR consultant in the final EIR. 4 PLANNING COMMISSION MEETING August 19, 1991 Jim Moore, 6810 Locklenna, stated he is a registered mechanical engineer and is concerned about the fill used in the area. He said that Vernon Taylor, who developed the homes in the Windport portion of the property, used the property as a dump site to dispose of huge rocks and construction materials. He recommended the use of mud rather than water when drilling. He contended that caissons are good for supporting vertical loads but not lateral loads, offer no resistance and can easily be sheared. He said there needs to be an overviewer or reviewer to provide control of the entire project. Jaime Oaxaca, 6658 Locklenna, said his sidewalk has developed cracks on the Windport side since the trucks have been going in, and his backyard slope is settling. He cited the need to talk about liability insurance, bonding, and lateral support around the houses, and objected to Chairman Von Hagen's financial relationship with the applicants. The Chairman stated that the City Attorney has declared there is no conflict of interest. Don Vannorsdall, 29513 Windport Drive, stated that Windport Drive is slipping and that his house developed cracks after a hole was bored about 20 feet from his property line. He referred to a letter he wrote to the applicants demanding provision of lateral support to protect his property and complained that the EIR does not address the effect of drilling on the surrounding property, the impact on the peace and quiet of the community, and potential danger to residents. Commissioner Brooks moved to continue the public hearing. Discussing the time constraints, Director Benard advised that no action can be taken on the project until the final EIR is issued and reviewed, so it cannot come back to the Commission before September 24. The time period for written comments on the Draft EIR expired August 9, so any communications received after that will not be addressed in the EIR. The report of the applicant's geologist was accepted by RSA, the City geologists, last December. Chairman Von Hagen asked if NorCalls geology report considered the issue of lateral stress on the caissons. Mr. Tucker replied in the affirmative, providing figures on lateral resistance and compression capacity. Asked about the borings, Mr. Tucker said that 11 were placed and five hit bedrock, the two deepest ones hitting between 38-48 feet in depth. He said that either water or mud could be used in the drilling, but when mud is used some may come out downstream which can be a problem in environmentally sensitive areas. 5 PLANNING COMMISSION MEETING August 19, 1991 Robert Baker, 7 Ocean Crest Court, asked about the holes drilled in 1988 and Mr. Tucker responded that the purpose was to compare estimated and actual depths with earlier topographic maps. Responding to a question from Commissioner Brooks about the letter from the California Water Service, Mr. Burrell said there had been a misunderstanding which is now cleared up, and there will be water service to the property. Regarding posting a bond of indemnification, Mr. Burrell said it would be more appropriate to have the surrounding houses surveyed, documented and reviewed by competent geological firms. This should raise the level of care used by all participants because if a problem is caused by a contractor's negligence he will have to pay for it. Commissioner Brooks restated her motion to continue the public hearing to September 24 when all Planning Commissioners are expected to be present. The motion was seconded by Commissioner McNulty and passed 3-0. The current zoning and zoning options were discussed. chairman Von Hagen stated he feels that a subdivision into four lots is appropriate for this property. Commissioner McNulty moved that staff prepare a resolution for this project to be a four -lot subdivision zoned RS -2. Chairman Von Hagen seconded and the motion passed 3-0. Commissioner Brooks suggested that the City geologist be present at the meeting of September 24 to address the issues raised, and Mr. Benard said he would so request. Senior Planner Petru said at the next meeting additional view analysis and Trails Committee recommendations will be presented. Commissioners indicated they liked the concept of controlled drainage and a deed restriction or zoning designation preserving certain property ds open space. They also agreed the applicant should strive for balanced cut and fill. Time constraints were discussed, with Mr. Burrell asking that the next hearing be held on September 10, since the time limit for the project runs out on September 25 and the applicants are not willing to ask for an extension of time. Chairman Von Hagen moved to reconsider the date for continuance of the public hearing, Commissioner McNulty seconded and the motion passed 2-1, with Commissioner Brooks dissenting. P E PLANNING COMMISSION MEETING August 19, 1991 Chairman Von Hagen moved that the hearing be continued to 6:00 p.m. on September 10, Commissioner McNulty seconded and the motion passed 2-1. commissioner Brooks dissented on the basis that there are too many other important matters to consider on that agenda. CONTINUED BUSINESS - None. NEW BUSINESS - None. QUESTIONS FROM AUDIENCE - None. REPORTS A. STAFF Director Benard reported that the City Council has not responded to his suggested tour of Subregion 7. Chairman Von Hagen and Commissioner Brooks indicated they are available for the tour either on the morning of August 21 or anytime on August 22. B. COMMISSION None ADJOURNMENT The meeting was adjourned at 10:35 p.m. to August 27, 1991 at 6:30 p.m. 7