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PC MINS 19910924MINUTES PLANNING COMMISSION MEETING SEPTEMBER 24, 1991 The meeting was called to order at 7:35pm by Chairman Von Hagen at Hesse Community Park, 29301 Hawthorne Boulevard. PRESENT Von Hagen, McNulty, Hotchkiss, Katherman, Brooks (arrived 7:50pm) ABSENT None Also present were Director of Environmental Services Robert Benard, Senior Planner Carolynn Petru, Associate Planner Joel Rojas and Assistant Planners Mike Patterson, Donna Jerex and Kim Klopfenstein. COMMUNICATIONS Chairman Von Hagen acknowledged the following communications: A request from the Burrell Group to withdraw their application for Tentative Parcel Map 23027; A letter from Don Vannorsdall objecting to Zone Change 19; Letters from the PV Land Holdings Company and Messrs. Sharkey and Hinckles referring to an item not on this agenda. Director Benard acknowledged a letter from Mr. McCreighton of the San Ramon Homeowners Association regarding the Marymount College CUP. CONSENT CALENDAR A. Minutes of 8/19/91 B. Minutes of 8/27/91 Commissioner Katherman asked that the minutes of August 27 be amended to clarify his reasons for voting against Height Variation No. 701, which was not because he was against the 1 9 application but because the mitigation measures of tree trimming and hedge planting were not included in the conditions of approval. Chairman McNulty moved, seconded by Chairman Von Hagen and carried, to approve the Consent Calendar as amended. Commissioners Hotchkiss and Katherman abstained from voting on the minutes of August 19 since they were absent. PLANNING COMMISSION MEETING September 24, 1991 PUBLIC HEARINGS A. VARIANCE NO. 305, Assistant Planner Mike GRADING NO. 1538 Patterson presented the staff 30138 Avenida Tranquila report regarding the applicant's request to allow an addition and a 91 high retaining wall in an extreme slope. The staff recommendation is to approve the application with conditions. Commissioner Katherman suggested that it might be appropriate to add a condition requiring the applicant to submit a Covenant to Protect Views. The public hearing was opened. Diredtor Benard explained the View Covenant to the applicant and they stated that they were in agreement with all the conditions of approval. The public hearing was closed. Commissioner McNulty moved staff recommendation with the amendment, Commissioner Hotchkiss seconded, and the motion passed 4-0. B. TENTATIVE PARCEL MAP NO. The applicant's request to 23027, COASTAL PERMIT withdraw these applications was NO. 106, ENVIRONMENTAL received and filed. ASSESSMENT NO. 625 PVDW/Marguerite Dr. C. GRADING NO. 1390 Associate Planner Joel Rojas Forrestal/Pirate Drs. presented the staff report regarding the applicant's request to allow 810,000 cu.yds. of grading for development of the previously approved residential tract and 1,050,000 cu.yds. of remedial grading to correct specific geologic hazards on the site. Staff's recommendation is to open the public hearing on the project application, accept public testimony and provide staff with direction. Commissioner Hotchkiss stated he supported the application because it would enhance the stability of the area. He also expressed concern about truck safety and asked if the project would interfere with soccer activities at Ladera LindA,and Planner Rojas stated that as proposed, it would not. Chairman Von Hagen requested that the final EIR be delivered to the Commission in'advance of the next meeting for review. Paul Lukes, J. M. Peters Co., Newport Beichp representing the applicant, asked for adjustment on conditions regarding setbacks and irrigation. Director Benard stated that the setback issue would be reviewed by the staff. Ellen Hocking, 4014 Admirable, representing the Seaview Homeowners Association, presented a letter addressing various concerns, and suggested that the three developers working around Seaview work out a time schedule so that all the Page 2 PLANNING COMMISSION MEETING September 24, 1991 projects would not be going at once. Chairman Von Hagen pointed out that it might be better if they all were completed at once so that work in the area did not go on for years. Bob Grahamer, 32427 Searaven, representing the Ladera Linda Homeowners Association, stated he felt the lot sizes were too small, and asked about the common open space in the proposed development. Max Thomas, 3849 Pirate Drive, spoke against the application, objecting to the filling of the quarry bowl, and suggested the fill be put in Klondike Canyon. Lois Larue, 3136 Barkentine, expressed concerns about land movement, wildlife and water in the area. Tom Schnerg, 3444 Hightide Drive, also objected to filling the quarry bowl, lot sizes and excessive amount of fill on some of the proposed lots. S6ott Kerwin, Moore and Taber, engineering geologist, pointed out that the quarry slopes were not natural, but had originally been blasted, which had caused potentially dangerous rock fracturing. Mr. Berwyn also stated that the depth of fill on the deepest lot would be 921. commissioner Hotchkiss moved to close the verbal testimony and to leave the written testimony open until the next hearing. Commissioner McNulty seconded the motion. After a brief discussion, Commissioner Hotchkiss restated his motion to just close the public hearing. Commissioner McNulty seconded the motion, which passed unanimously. Commissioner Brooks strongly supported a time limit on the grading to prevent safety conflicts with student and worker traffic in the area. Chairman Von Hagen suggested that the developer work with Parks and Recreation to ensure safety measures such as fencing around the grading activities, but objected to a time limit, stating that he believed the grading trucks would pretty much be confined to the , applicant's property, and asked the staff to make suggestions on these subjects. Commissioner Katherman suggested that the developer meet with the surrounding homeowners associations to discuss the geotechnical reports. RECESS AND RECONVENE CONTINUED BUSINESS A. GRADING NO. 1552 30001 Via Rivera A 10 -minute break was called at 9:15pm. Assistant Planner Mike Patterson presented the staff report regarding the Page 3 PLANNING COMMISSION MEETING September 24, 1991 applicant's request to approve a 41 downslope retaining wall and 25 cu.yds. of grading in an extreme slope area. Staff's recommendation is to approve the request with conditions. Peter Yu, 30001 Via Rivera, representing the applicant, stated he did not think the Commission had jurisdiction over this matter. Chairman Von Hagen asked him which of the three actions outlined by staff best fit his client's needs, and Mr. Yu stated he did not have a copy of the staff report. He was given one to review. L. E. O'Brien, 3009 Via Rivera, stated he would prefer Alternative #2, but that he was willing to compromise with Alternative #3. Peter Yu reiterated what he had previously said. Commissioner Brooks moved to adopt staff alternative #2, to replace the existing unpermitted retaining wall with an approved, properly built and inspected wall in its place. Commissioner Hotchkiss seconded the motion. Chairman Von Hagen stated he would like to see the trees stay, and asked why Alternative #3 was not preferable since it was using what was there. Commissioner Katherman stated he felt #2 represented middle cjr,ound between the two parties. The motion passed 3-2 with Chairman Von Hagen and commissioner McNulty dissenting. B. ZONE CHANGE NO. 19, Senior Planner Carolynn Petru TENTATIVE PARCEL MAP presented the staff report NO. 18947 regarding the applicant's End of Windport Drive request to permit a zone change and subdivision of an 8.8 acre site into four single-family residential lots. Staff's recommendation is to continue this item to October 8, 1991 in order to complete the Final EIR subject to the applicant's submittal of a revised time extension. Director Benard stated that the applicant should have the opportunity to provide an extension or staff would recommend that the project be denied without prejudice. Mrs. Petru noted that the City geologists were present to answer the Commission's questions. Tim Burrell, 4038 Exultant Drive, presented a letter granting an extension on the project to November 6 and an extension on the EIR for 180 days. Director Benard explained to the applicant, interested parties and the Commission that the extension to November 6 may not be adequate for the Council to hear and act on the application. However, he accepted the extension and recommended that the item be continued to the October 8, 1991 meeting. Commissioner McNulty moved to adopt the staff recommendation, and commissioner Hotchkiss seconded. Page 4 PLANNING COMMISSION MEETING September 24, 1991 Commissioners Brooks and Katherman asked if the geologists could respond to Mrs. Brooks new geological questions, and Chairman Von Hagen stated he felt they could only expound on previous testimony. commissioner McNulty strongly objected to any testimony whatsoever by the geologists, stating he felt that any verbal or written testimony would be inappropriate outside of the public forum, and Commissioner Katherman agreed. Chairman Von Hagen stated that the issues had already been discussed and that the City geologist had signed off on the project. The motion on the floor passed 3-2, with Commissioners Brooks and Katherman dissenting. NEW BUSINESS A. MISCELLANEOUS HEARING (CUP NO. 9 -- REVISION loci$) Marymount College 30800 PVDE recommendation is to approve Assistant Planner Kim Klopfenstein presented the staff report regarding the applicant's request to approve exterior light standards for the parking lots. Staff's them subject to conditions. Commissioner Hotchkiss 'noted that on the recommendation of the City Attorney, he was abstaining from participating on this item. Jim Reeves, 30800 PVDE, representing Marymount, expressed concern regarding parking lot security, stating that he would defer to the recommendation of the light consultant. Commissioner Katherman suggested that the applicant look into separate switches for the area near San Ramon to mitigate the residents' concerns. Kurt Gibbs, 2810 San Ramon, stated he felt that 141 was too high, and that one of the light standards stood directly in the middle of his view. He also said that if that standard was relocated, or made to be 101 as conditioned in the CUP, he would no longer object, and would even prefer the lights remained on all night for security reasons. Earle T. Casler, Jr., 3324 Narino Drive, objected to the glare caused by lights near his property, and requested that the Commission enforce the conditions of the CUP to require that the school correctly shield all lights on their property. Frances Cornelius, 2736 San Ramon, stated there was a noise problem during large events at the school. Chairman Von Hagen suggested she address the City Council on that issue. i PLANNING COMMISSION MEETING September 24, 1991 Director Benard pointed out that under the conditions of the CUP, any light standards over 10' had to be approved by the commission, and the reason that this issue was on the agenda tonight was because the staff had in error administratively approved some light standards at 15' that now had to be brought before the Commission. Mr. Benard also stated that the lighting expert had issued a report recommending 14' light standards based on the number of poles and their location. Chairman Von Hagen pointed out that during extensive public testimony in the past the 10' requirement had been developed for good reasons, and he stated that he would like to see a lighting plan utilizing 10, poles even if that would require more poles, and also that the wall packs be removed from the day care building. Commissioner Brooks agreed with Mr. Von Hagen, and confirmed that staff was monitoring the school on all the conditions of the CUP. Commissioner McNulty stated he did not object to the 14' light standards, since it reduced the number of poles necessary, but that he did object to the 14' poles near the homes, especially in the parking lot near San Ramon Drive. Commissioner McNulty moved to approve the lighting program as proposed except for those lights adjacent to properties along San Ramon Drive, which would be at 101, and to require that the wall packs on PUDE be removed or shielded, and that a lighting program which specified the time in which the exterior light standards would be turned on and off be submitted to the Director for approval. Commissioner Brooks seconded the motion, which passed without objection, with Commissioner Hotchkiss abstaining. AUDIENCE QUESTIONS There were no audience questions. ADJOURNMENT The meeting was adjourned at 11:05 pm. Page 6