PC 02/20/79 - Laserfiche WebLink

OLD BUSINESS - PUBLIC HEARINGS PUD-78-1, L and H Land Co. Application of L & H Land Company for approval of a hillside planned development consisting of a 10-lot, single-family residential subdivision located on a 50 acre site northwesterly of the existing terminus of Longview Drive. The site is zoned HPD (Hillside Planned Development) District. An Environmental Impact Report (EIR) is also being considered. Mr. Harris explained the staff report and referred to the 7-page develop- ment plan before the Commissioners. He further referred to the EIR and the property which is designated for home sites which is on a large block slide and as indicated in the EIR there are probably no miti- gating measures which can be taken to eliminate the possible "Moderate Hazard" having to do with the property should there be a slide. He stated it was the staff's opinion that since this cannot be mitigated, the project should be denied. Harvey Levine, City Attorney then spoke stating there is really no way he can see the City removed from lia- bility exposure if we allow the development on the subject site based on the evidence at hand and that the staff feels they cannot recommend approval of this proposal. He stated that various objectives and policies of the General Plan cannot be met and that if zoning is not found to be consistent with the General Plan it cannot be approved. He stated the property is not completely zoned until the development plan and HPD permit have been issued. Mr. Harris read the goals and policies shown on page 4 of the staff report to the Commissioners and the fact that the staff is of the opinion that the project would not meet these goals and policy statements; additionally that all findings of the HPD Ordinance cannot be made. Mr. Harris explained the actions that the Commission must take with regard to the EIR. Mr. Harris elaborated further from the staff report. Commissioner Doherty then asked if there was anyone present representing the Police or Fire Departments. No one was present. Commissioner Wilson referred to a packet given to the Commissioners at this meeting by the attorney for the applicant stating the report contained therein doesn't appear to have been previously available to staff. Mr. Harris confirmed this. Commissioner Wilson stated he didn't see how the Planning Commission could be expected to read and study the information provided during this meeting. Commissioner Leppert addressed the packet and staff report given to the Commissioners and the fact that a letter of January, 1979 referring to the report just given them by the applicant's attorney was part of that packet. Mr. Harris then asked Brian Swift, Assistant Planner, in the audience to address this matter. Brian Swift explained that it is the procedure of the City to hire one of the four. firms selected by the City to complete a draft EIR; in this case it was DeLeuw, Cather & Company; and they subcontracted the geological study out to Moore & Tabor. Mr. Swift said the staff had no knowledge there was a geological study done in 1968. There was none to be found in the PUD file. Staff was aware of a prior preliminary geo- logical study of Burkland and Associates and this was made available to DeLeuw, Cather & Company. Chairman Jamieson then inquired as to whether or not the staff had an on-going file on this particular project. Brian Swift stated he didn't know what this report is that was given to the Commissioners and that perhaps it pertained to the lower property. Commissioner Jamieson stated that the Commission would probably hear from the proponent of this project regarding the study done in 1968. -2-